Terms and Conditions

Understanding your rights and our terms ensures a transparent, professional relationship built on mutual respect and clear expectations.

Effective Date: October 26, 2023

Welcome to Fyreglaide LLC. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Please read them carefully.

For the purpose of these Terms, "Company," "we," "us," or "our" refers to Fyreglaide LLC. "Website" refers to the online presence owned and operated by Fyreglaide LLC. "Services" refer to the real estate brokerage, consultation, and educational offerings provided by the Company. "User" refers to any individual accessing or using the Website or Services. "Client" refers to a User who has formally executed a Buyer or Seller Representation Agreement with the Company.

These Terms should be read in conjunction with our Privacy Policy, which details how we collect, use, and protect your data.

1. Scope of Services

Fyreglaide LLC provides specialized real estate brokerage services, primarily focused on buyer representation, property search and evaluation, targeted market analysis, transaction coordination, and consultation services across diverse buyer needs (e.g., first-time, luxury, military, eco-friendly). Our goal is to position Fyreglaide LLC as the knowledgeable advisor who prevents costly mistakes through proactive education.

Limitations of Service:

• Our Services, guidance, and educational materials do not constitute legal, tax, or financial advice. Users are strongly recommended to consult with appropriate licensed professionals (attorneys, CPAs, financial advisors) regarding their specific circumstances.
• We do not guarantee the success of any transaction, the finding of a specific property, or a specific price outcome. Real estate outcomes are dependent on market conditions and individual factors beyond our control.
• All formal engagements for brokerage or representation are subject to a separate, written Buyer or Seller Representation Agreement, which will govern the specific relationship and obligations beyond these general Terms.

By engaging our Services, you understand that an agency relationship is created, the specifics of which are governed by state real estate law and the executed written agreement.

2. Website Use and Acceptable Use Policy

Fyreglaide LLC grants you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes consistent with the intent of achieving your real estate goals or accessing educational content.

Prohibited Uses:

You agree not to use the Website to:

• Engage in automated scraping, harvesting, or indexing of data (e.g., using bots, spiders, or crawlers).
• Copy, reproduce, or distribute Website content, including proprietary market analysis, without express written permission.
• Interfere with the security mechanisms or functionality of the Website.
• Upload malicious code, viruses, or inappropriate content.

Intellectual Property:

All content, including text, graphics, logos, trademarks (including Fyreglaide LLC), and software, is the property of Fyreglaide LLC or its licensors and is protected by copyright and intellectual property laws. Unauthorized use is strictly prohibited. The content on this Website is intended exclusively to support the provision of our real estate services.

3. Disclaimers and Warranties

Fyreglaide LLC provides the Website and Services on an "AS IS" and "AS AVAILABLE" basis.

Information Accuracy:

The information on the Website, including property listings, market data, and educational materials, is provided for general informational purposes only. While we strive for accuracy, property information is dynamic, subject to change without notice, and may rely on third-party sources. We do not warrant the completeness or timeliness of any information.

No Professional Advice:

The content provided does not constitute professional legal, financial, or tax advice. You must consult with qualified professionals for advice related to your specific situation. Reliance on any information provided on this Website is solely at your own risk.

Service Guarantees:

Fyreglaide LLC does not guarantee uninterrupted or error-free access to the Website. We explicitly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

4. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FYREGLAIDE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE.

These limitations of liability apply regardless of the legal theory, whether based on warranty, contract, tort (including negligence), or otherwise, even if Fyreglaide LLC has been informed of the possibility of such damage.

In all circumstances, Fyreglaide LLC's total liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of the amount paid by you to the Company for the most recent service prior to the event giving rise to liability, or One Hundred Dollars ($100.00).

5. Indemnification

You agree to defend, indemnify, and hold harmless Fyreglaide LLC and its licensees, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from:

• Your use of and access to the Website or Services, including any data or content transmitted or received by you.
• Your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above.
• Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.
• Your violation of any applicable law, rule, or regulation.

6. Privacy and Data Protection

Your privacy is of utmost importance to Fyreglaide LLC. Our collection, use, and protection of your personal information are comprehensively governed by our Privacy Policy, which is hereby incorporated into these Terms by this reference.

We collect necessary data (such as contact information and usage details) to provide personalized service, improve the Website experience, and administer communication related to real estate transactions. By agreeing to these Terms, you consent to the data practices described in our Privacy Policy. While we implement reasonable security measures, we cannot guarantee absolute data security.

7. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Except for matters subject to arbitration, any disputes arising directly from these Terms or Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.

Dispute Resolution:

In the event of a dispute, the parties agree to first attempt good-faith negotiation and mediation before pursuing litigation. If the dispute is not resolved within sixty (60) days of the initial notice, either party may pursue remedies available under law.

Waiver of Class Action:

You and Fyreglaide LLC agree that any proceedings to resolve or litigate any dispute, whether in court or arbitration, will be conducted solely on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

8. Modifications to Terms and Termination

Right to Modify:

Fyreglaide LLC reserves the right to revise and modify these Terms at any time. We will post material changes by updating the Effective Date at the top of this page. Your continued use of the Website after any change constitutes your acceptance of the new Terms. You are responsible for reviewing these Terms periodically.

Termination:

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease. However, provisions which by their nature should survive termination (including, without limitation, limitation of liability, indemnification, and governing law) shall remain in full force and effect.

9. Miscellaneous Provisions

Entire Agreement:

These Terms, together with the Privacy Policy and any executed written services agreements, constitute the entire agreement between you and Fyreglaide LLC concerning the use of the Website and Services, superseding any prior agreements.

Severability and Waiver:

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Fyreglaide LLC to enforce any right or provision shall not be deemed a waiver of such right or provision.

Assignment:

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Fyreglaide LLC may assign these Terms without restriction.

10. Contact Information for Legal Questions

If you have any questions about these Terms and Conditions, or require assistance with any legal matter pertaining to your use of our services, please contact us:

We will respond to your inquiry as promptly as possible.

Acknowledgment of Terms

By using this website or engaging Fyreglaide LLC's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy.

Last updated: October 26, 2023