PLEASE READ THESE MANDATORY TERMS AND CONDITIONS BEFORE USING OUR SERVICES.
Thank you using the real estate brokerage services provided by Locate and Lease, LLC (“Locate & Lease” or “Locate + Lease” or “Locate and Lease”). By using our services and information, including without limitation, our apartment locating services, accessing the website www.locateandlease.com and its subpages (this “Website”), accessing and utilizing the Materials (as defined hereinafter), and utilizing the information contained therein (collectively, the “Services”), you agree to be bound by this Terms and Conditions Agreement (this “Agreement”).
Except as otherwise expressly provided, we may amend or supplement this Agreement at any time, for any reason, with or without cause, with or without notice to you, in our sole and absolute discretion. Any such changes shall be posted to this webpage and shall be effective immediately upon posting; provided, however, that upon the formation of a formal brokerage-client relationship, any such changes or supplements may be delivered to you directly and not posted to this webpage. Please check this page periodically for changes to this Agreement. If you do not agree to this Agreement, you may not use our Services. Should have any questions about this Agreement, please contact us at firstname.lastname@example.org. As used in this Agreement, the terms “you” and “your” refer to any person using our Services, while the terms “we,” “us,” and “our” refer to Locate and Lease, LLC.
1. Rules of Conduct; License to Use
We hereby grant you a limited, non-assignable, non-exclusive license to access this Website and website-related services and materials, including but not limited to email communications, newsletters, apartments lists sent via ApartmentData, SmartApartmentData, or other listing services, and social media content generated by Locate and Lease on any social media platform (collectively, the "Materials"). Any breach or threatened breach of this Agreement is grounds for termination of this limited license, and we may pursue legal action against you. Upon any such breach, you must destroy any downloaded versions of this Website or the Materials in your possession, whether in printed or electronic form.
You agree to comply with all applicable laws, rules and regulations in accessing and/or using our Services. Furthermore, you agree not to use our Services for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any of our agents, brokers, contractors, or other representatives; or expressing or implying that we endorse any statement you make. You may not use our Services in any manner which would violate or infringe in any way upon the rights of others, which is or may be unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionably which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, including but not limited to using our services to harass, abuse, threaten, insult, disparage, intimidate, or discriminate based on age, gender, religion, ethnicity, race, national origin, disability, or sexual orientation.
Furthermore, to enable us to accurately serve you, when using our Services, you are required to provide true, accurate, current, and complete information about yourself as requested from us on this Website and as otherwise requested from us. You may not provide any false, misleading, or incomplete information. Additionally, in connection with the use of our Services you may not (1) interfere with or disrupt the operation of our Services, including restricting or inhibiting any other person from using this Website by means of hacking, or defacing any portion of this Website (2) make available, transmit, or utilize any virus, worm, Trojan horse, root kit or other harmful code, (3) use our Services to spam, phish, spider, crawl, or scape, (4) interfere with or violate any other website visitor's or user's right to privacy or other rights (5) harvest or collect personally identifiable information about this Website’s visitors or users, or about our brokers, agents, and representatives, including contractors, and if applicable, employees, identified on the Website, without their express consent, (6) sell, resell, transfer, license or exploit for any commercial purposes any use of or access (including sharing of passwords and login information) to this Website or the Materials, (7) frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, including Locate + Lease’s or any other party’s intellectual property therein, without our prior express written authorization, and (8) modify, adapt, translate, reverse engineer, decompile ,or disassemble any portion of this Website or the Materials.
2. Notices and Disclaimers.
A. General Notice—We Are A Licensed Texas Real Estate Brokerage Entity
Locate and Lease, LLC is a licensed Texas real estate broker entity that specializes in providing apartment locating brokerage services to you and other prospective tenants looking to find a new apartment. We are owned and managed by a broker who is also licensed by the state of Texas to act as a real estate broker and also sponsor other Texas real estate agents who provide apartment locating services. We, our broker, and our agents are obligated to comply with the applicable Texas law and regulations governing real estate brokerage, including but not limited the Texas Real Estate License Act and other rules and regulations promulgated and adopted by the Texas Real Estate Commission (“TREC”). Accessing the Website and/or providing us information (whether through email, social media correspondence, or submission on one of the forms contained on the Website) does not necessarily create a brokerage relationship with us or any of our broker(s) or agents.
Moreover, while one of our principals is an attorney, the Materials are not intended to constitute, and do not constitute, a solicitation for formation of an attorney-client relationship. We are in no way affiliated with any particular law firm, and do not (and cannot) provide legal services. Nothing in the Materials may be construed as legal advice or opinion. Consult an attorney for any legal questions you may have.
B. Information About Brokerage Services and Consumer Protection Notice
TREC requires that we provide you with certain disclosures related to our representation and services. Moreover, at time of a license holder’s first substantive communication with a party related to a proposed transaction regarding specific property, we are required to provide you with the promulgated form. Furthermore, TREC requires us to provide you with the promulgated Consumer Protection Notice. You acknowledge that you have received and reviewed the Information About Brokerage Services and the Consumer Protection Notice, incorporated into this Agreement for all purposes.
C. Intermediary Status – Required Disclosure
Under Texas law, brokers and real estate agents cannot act as dual agents (meaning we cannot be the agent for both the tenant and the landlord in a lease transaction). Instead, if both parties to a real estate transaction provide written consent and the written consent states the source of the broker’s expected compensation, a broker may act as an intermediary in accordance with TREC rules. If appointed as an intermediary, the intermediary is required to act fairly and impartially and cannot favor one party over the other. Fairness and impartiality include communicate with, carrying out the instructions of, and providing opinions and advice to the parties to whom that associated license holder is appointed.
Unless we otherwise advise you in writing, we do not represent landlords. We represent prospective tenants looking to lease an apartment. We will advise you in writing if we represent the landlord. If we do, and if we are appointed to act as an intermediary upon written agreement of the prospective tenant (presumably, you) and of the landlord, we will be paid by the landlord.If appointed as an intermediary, we:
In addition, if appointed to act as an intermediary by both parties to a proposed transaction, we may, upon written notice to and consent by both parties:
3. No Other Association; Exclusive Agency Appointment; Competing Clients.
Typically, we are paid a real estate commission from the owner/landlord/property management of the apartment complex where you lease after you have moved into the unit and paid your first month's rent. Our commissions do not impact your rent. Apartment complexes vary in their requirements for payment, but normally, they require you to list us as the referral source on all guest cards, applications, and leases, and to generally disclose to the property that you are working with us as a locator. Furthermore, some apartments require us to register you before you tour. Importantly, only one commission to a locator will be paid. This means that it is possible for you to use our Services but for us not be paid in the event that you list another brokerage group as your referral source (or any other source, for that matter). We value our relationships with other brokers--the apartment locating community in the DFW Metroplex is competitive, but close-knit and collegial. Nonetheless, it is our core belief that to truly be effective, we need to be the exclusive locator for you upon formation for a brokerage-client relationship, and that we should be compensated for our work. After all, locators in the DFW market at different brokerages generally have access to the same properties, and more importantly, are paid from the apartment complex, not you.
Accordingly, by submitting the "Find My Apartment" form, you grant Locate & Lease the EXCLUSIVE right to act as your real estate agent and appoint Locate and Lease as your exclusive real estate agent for the purpose of locating an apartment (or for performing the services of a Residential Rental Locator as defined in the Texas Occupations Code) in the Dallas/Fort Worth Metroplex. The term of this exclusive agency shall commence on the date you submit your Find My Apartment Form and continue for a period of 120 days unless terminated earlier by Locate & Lease or by mutual consent of both parties. Notwithstanding the foregoing, Locate & Lease is not obligated to provide you assistance merely because of your form submission; Locate & Lease reserves the right to decline representation (or terminate representation early) in its sole and absolute discretion. During our representation of you, you agree to list us as the referral source on all guest cards, applications, and leases, and otherwise disclose to the apartment communities/properties that we are your locator. Furthermore, for a period of 120 days after our representation ceases, you agree to list Locate and Lease as the referral source on all guest cards, applications, and leases of properties that we sent you or otherwise showed you during our representation.
In addition, unless otherwise disclosed to us in writing prior to the acceptance of this Agreement, you represent and warrant to us that you are not represented (nor have you been represented) by another broker or real estate agent to locate you a new apartment in the Dallas/Fort Worth Metroplex.Notwithstanding the foregoing, we, in our sole and absolute, may continue to work with you if you associate with another brokerage, provided that you will still list as us as the referral source
You understand that we may represent other prospective tenants who may seek to acquire properties that may be of interest to you. You agree that during the term of this Agreement and after it ends, represent such clients, show or refer to them the same properties that we show to you, and act as a real estate broker for them in negotiating the acquisition and/or lease of properties that you seek to acquire/lease.
5. No Warranty and Third-Party Information.
Except as otherwise required by applicable law, we do not warranty the quality of the service we provide or the accuracy of the information. We cannot guarantee any particular outcome in the performance of our Services. We do not guarantee the accuracy of the information on this Website or the Materials, and reliance on such information is at your own risk. The materials on this Website and the Materials are provided “as is” with no warranties, expressly or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. As disclosed above, we reserve the right to amend this Website and the Materials with or without notice to you.
At times, in connection with the provision of our Services, we will rely on information from third-parties. This includes links on this Website to third-party websites. We do not necessarily endorse, sanction, or condone the third-party, and we do not necessarily verify the accuracy of the information contained on third-party websites. Furthermore, you expressly understand that in no way guarantee the availability of any particular apartment or the pricing thereof. You understand that pricing and availability is subject to change at the discretion of the apartment complex and varies based on supply and demand and on the amenities and features of each unit. We do not control pricing or availability. In addition, we do not guarantee you will be approved and/or accepted to any particular property; the approval process is controlled by the apartment complex.
6. Intellectual Property Rights
This Website, the Materials, and their downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of this Website or any of the Materials for your personal, non-commercial, transitory viewing only, or as otherwise permitted by law, provided that such downloads or printed copies contain the notice: “Copyright © Locate and Lease, LLC. All rights reserved.” Notwithstanding the foregoing, you may not copy any part of this Website or the Materials for any other purpose without the express written consent of our designated broker, and you may not modify any part of this Website or the Materials for any reason. Inclusion of any part of this Website or any part of the Materials in another work, whether in printed, electronic or other form, and inclusion of any part of the Website or the Materials in another website by linking, in-line linking to, framing or otherwise, is strictly prohibited without agreeing to this Agreement obtaining the expressed written consent of Locate and Lease’s designated broker.
The trademarks, service marks, logos and any designs used or displayed on this Website or the Materials specific to Locate and Lease, LLC are trademarks and/or service marks, designs, and logos owned by Locate and Lease, LLC. Any use of copyrighted works, trademarks or service marks, logos, and designs, including the reproduction, removal, modification, distribution or republication of same without the prior express written permission of our designated broker, is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names, and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third-party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third-party.
7. Limitation of Liability and Disclaimer of Liabilities
IN NO EVENT SHALL LOCATE AND LEASE, LLC, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE OR IN THE MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THIS WEBSITE OR THE MATERIALS,OR ANY INFORMATION CONTAINED THEREIN. LOCATE AND LEASE, LLC DOES NOT WARRANT THAT ACCESS TO THIS WEBSITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE.MOREOVER, NEITHER LOCATE AND LEASE, LLC NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR HOSTING OF THIS WEBSITE OR THE MATERIALS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THIS WEBSITE OR THE MATERIALS, OR ANY INFORMATION CONTAINED THEREIN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR THE MATERIALS IS TO STOP USING THIS WEBSITE OR THE MATERIALS.
You agree to defend, indemnify and hold harmless Locate and Lease, LLC, its affiliates and its suppliers, and each of their respective partners, employees, representatives, brokers, and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:
(a) your activities in connection with this Website and the Materials.
(b) Any violation of this Agreement by you.
(c) Any improper or unauthorized use of this Website or the Materials by you.
(d) Any allegation that anything you transmit through or in connection with the Website or the Materials infringes or otherwise violates the intellectual property, privacy or other rights of any third-party.
(e) Any conduct, activity or action engaged in by you which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Services, Materials, or any other such
service or information provided by this Website
In connection with the performance of the Service, we may collect personal information from you that you submit, including but not limited to, your name, email address, telephone number, birth date, and other information which may be considered private and not publicly available.By submitting such information, you agree that we may use such information to provide you with the requested services. You may refuse to supply such information, but you understand that we may refuse to or be unable to provide the Services to you in the event you do not provide such information. You agree that we may send you email advertisements and solicitations during the time we provide Services or thereafter. You may request to unsubscribe from these email advertisements and solicitations at any time.
Furthermore, you understand that we may collect non-personal identification information about you when you interact use our Services, including but not limited to information concerning your computer, browser, IP address, cookie information, etc. We may retain and use such information to enable us to perform our Services (including but not limited to providing such information to third-parties, improve our Services (including but not limited to researching and analyzing the information collected), and to contact you. You consent to such collection and use.
We do not, however, sell, trade, or rent such personal information to others without your consent. We may share generic aggregated demographic information not linked to your personal identification information. Notwithstanding the foregoing, we may share your personal information without your consent in response to orders, subpoenas, to investigate, defend or prosecute a legal claim or potential against you or others, in association with a merger, acquisition, or disposition with another company, or when otherwise required by law.
10. Miscellaneous Provisions
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal, or unenforceable provision will not affect any otherprovisions, and this Agreement will be construed as if the invalid, illegal, or unenforceableprovision is severed and deleted from this Agreement.
B. Further Assurances
We, Locate and Lease, LLC, and you agree to cooperate with each other and our respective employees, representatives, brokers, and agents, to facilitate the sale of all or a portion of the Property under the terms and conditions herein set forth. Both parties will for so long as thisAgreement is in force, perform such acts, execute such documents, and otherwise perform so asto effectuate this Agreement. Upon request by either party, the other party will providereasonable assurance thereof as necessary to carry out the intent and purpose of such party’saffirmative covenants herein.
Each party to this Agreement represents to the other that this Agreement, the actions and obligations contemplated herein and the execution and delivery hereof are authorized or havebeen duly authorized by all necessary corporate proceedings and actions pursuant to applicablelaw. Furthermore, each party also represents that they have been advised to consult an attorneyto review this Agreement and have had the opportunity to do so. We are not your attorneys andcannot give legal opinions.
D. Parties Bound
This Agreement shall inure to the benefit of and be binding on you and your respective legalrepresentatives, heirs, executors, successors and assigns, provided that you shall not assign yourrights or obligations hereunder without our prior written consent, and any purported assignmentshall be void and without effect.
E. Governing Law and Jurisdiction
Any dispute arising under this Agreement shall be adjudicated and resolved exclusively by thelaws of the State of Texas, and in the event of any such suit, venue shall be proper in a court ofcompetent jurisdiction in Dallas County, Texas.
ROU REALTY GROUP, LLC
DISCLAIMER AND DISCLOSURE AGREEMENT
ROU Realty Group,LLC, a Texas limited liability company, (“ROU”) has contracted with Locate and Lease, LLC, a Texas limited liability company (“Locate and Lease”) to provide a special rebate (the “Rebate”) as further defined and described in the Rebate Agreement between Client and ROU (the “Rebate Agreement”), for a limited time, to clients of Locate andLease who use Locate and Lease’s apartment locating services if several conditions are met. In consideration of Locate and Lease’s provision of apartment locating services to you, (“You” or “Client” as used interchangeably herein) agree as follows:
1. Limited Time Offer; Eligibility Determined by ROU. TheRebate is offered on a limited time basis only as determined by ROU. Locate andLease does not control the timing or availability of the Rebate. Eligibility for the Rebate is set by ROU, not by Locate and Lease. Client must ensure withROU that Client is eligible for the Rebate. Locate and Lease has not and will not take any steps to confirm Client is eligible for the Rebate. Client may not rely on any statement, oral or written, made by any Locate and Lease agent, broker, representative, or employee with respect to the Rebate, including but not limited to the amount of the Rebate, the timing of the Rebate, and eligibility for the Rebate.
2. Participation Optional; Client Election. Locate and Lease has not required, and does not require, Client to (1) enter into the Rebate Agreement,(2) participate in ROU’s Rebate program, or (3) hire ROU as its real estate broker. To the extent Client enters into the Rebate Agreement, participates inROU’s Rebate program, and/or engages ROU to serve as Client’s real estate broker, Client does so on Client’s own accord, by Client’s choice, at Client’s risk, in Client’s sole and absolute discretion. Locate and Lease’s services are separate and distinct from those offered from and by ROU, and Locate andLease’s services are not contingent upon the use of ROU’s services or theRebate.
3. No Guarantees. Locate and Lease makes no representation or warranty, express or implied as to the solvency of ROU Realty now or at the time Client is eligible for the Rebate. Locate and Lease is not a guarantor of the Rebate. Locate and Lease cannot guarantee the availability of the Rebate at the time Client is eligible for such Rebate. Locate and Lease makes no guarantee, promise, or representation as to the quality of work performed or offered by ROU or the scope of brokerage services offered by ROU.
4. Release and Waiver. Client shall never request or demandLocate and Lease for fulfillment and/or payment of the Rebate. Client understands that ROU is an independent and distinct company from Locate andLease. The owners of Locate and Lease do not own ROU, and the owners of ROU do not own Locate and Lease. Furthermore, the companies do not share any of the same employees, directors, officers, agents, or brokers. Client forever fully and irrevocable waives, disclaims, and releases any and all claims, demands, causes of action, known or unknown, now existing or that may exist in the future, whatsoever, againstLocate and Lease, its employees, officers, directors, shareholders, agents, brokers, representatives, successors, and assigns related to or arising out of the Rebate offered from ROU.