Welcome to Fazio Real Estate Solutions, LLC (referred to as "Fazio RES" or "we" or "us"). By opting-in to our SMS program, you agree to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully before opting-in to our SMS program.
Opt-in and Message Types
By opting-in to our SMS program, you agree to receive text messages from Fazio RES regarding your property and potentially working with us to sell it. The types of messages you can expect to receive include but are not limited to property evaluation requests, marketing updates, and appointment scheduling.
You also agree that Fazio RES may contact you via text message or phone call using the phone number you provided, including for marketing purposes, until you opt-out or we otherwise cease contact with you.
We may send text messages to you on a regular basis or as needed to fulfill your requests or needs related to selling your property. The frequency of messages may vary depending on your preferences and property status.
Message and Data Rates
Message and data rates may apply to our SMS program. You are responsible for any message or data fees charged by your mobile carrier. Fazio RES is not responsible for any charges incurred by you as a result of participating in our SMS program.
If you wish to opt-out of our SMS program, you may reply to any message with the word STOP or contact us at firstname.lastname@example.org. You will receive one final message confirming your opt-out request.
All intellectual property rights in and to the content on the Fazio RES website, including without limitation, text, graphics, logos, images, and software, are owned by or licensed to Fazio RES. You may not use, reproduce, modify, distribute, transmit, or display any of the content without the prior written consent of Fazio RES.
Limitation of Liability
Fazio RES is not liable for any damages arising from your use of our services, including but not limited to direct, indirect, incidental, punitive, and consequential damages. This includes damages arising from any errors, inaccuracies, or omissions in our content or information provided to you via text or phone call.
You agree to indemnify and hold Fazio RES harmless from any claims, damages, losses, or expenses, including reasonable attorneys' fees, arising from your use of our services, your breach of these Terms and Conditions, or any claim that your use of our services infringed upon or violated the rights of a third party.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state in which Fazio RES operates without regard to its conflicts of law principles. Any legal action or proceeding arising out of or relating to these Terms and Conditions shall be brought in the state or federal courts located in the state in which Fazio RES operates.
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Changes to Terms and Conditions
Fazio RES reserves the right to modify or update these Terms and Conditions at any time, and we will notify users of any material changes by posting a notice on our website or by other means. Your continued use of our services after any such changes constitutes your acceptance of the revised Terms and Conditions.
If you have any questions or concerns about our SMS program or these Terms and Conditions, please contact us at email@example.com
Last Updated Jan 1st, 2023
These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Website is provided by:
Fazio Real Estate Solutions, LLC
Plano, Texas 75093
Owner contact email: firstname.lastname@example.org
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Users can terminate their account and stop using the Service at any time by doing the following:
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
The Owner allows Users to upload, share or provide their own content to this Website.
By providing content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Users acknowledge and accept that by providing their own content on this Website they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.
Users acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for content on this Website.
Users are solely liable for any content they upload, post, share, or provide through this Website. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Website:
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Website are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Website and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.
The service provided by this Website as described in these Terms and on this Website.
All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using this Website.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.
Latest update: May 5, 2021
Fazio Real Estate Solutions, LLC
5900 Balcones Drive, Austin, Texas 78731, United States
Copyright © 2021 Fazio Real Estate Solutions - All Rights Reserved.
Disclaimers and Disclosures
All materials available on this website and provided by Fazio Real Estate Solutions, LLC are samples and for informational purposes only. Fazio Real Estate Solutions, LLC does not provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. You are solely responsible for ensuring that your business practices comply with all applicable, local, state, & federal laws.
LICENSE HOLDER DISCLOSURE: Texas law requires a real estate license holder who is a party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the license holder owns more than 10% or a trust for which the license holder acts as the trustee or of which the license holder or the license holder’s spouse, parent or the child is a beneficiary, to notify the other party in writing before entering into a contract of sale. Disclose if applicable: Niccolo Fazio is a licensed real estate agent in the state of Texas. All Parties engaging in a transaction with Fazio Real Estate Solutions, LLC acknowledge that Niccolo Fazio is a real estate agent, however, Niccolo Fazio is not representing any party involved in any transaction. Fazio Real Estate Solutiions, LLC nor Niccolo Fazio does not represent you as your real estate agent in any capacity of a transaction unless agreed upon by all parties in writing.
CONSUMER ALERT ** PLEASE READ THE FOLLOWING **
Due to the recent rise in cybercrime sweeping the real estate industry, we want you to be aware of the following important information: There have been many instances of real estate agents', brokers', attorneys', and/or consumers' e-mail addresses being hacked/phished. The cyber-criminals forward bogus wire instructions, redirecting deposits and/or cash to close to a fraudulent bank account. Once received, the money is quickly sent offshore, where it is difficult if not impossible to retrieve.
If someone representing Fazio Real Estate Solutions, LLC or any other party involved in a transaction you have with this company sends you wire instructions, CALL OUR OFFICE IMMEDIATELY BEFORE SENDING ANY FUNDS. DO NOT SEND AN E-MAIL. We will never ask you to send wires to any other person or entity.
Fazio Real Estate Solutions, LLC or any other party involved in a transaction does not claim to be the owner of the properties of the contracts that we market for sale. If we are not the owner(s) then we simply have an equitable interest in the property. Fazio Real Estate Solutions, LLC or any other party involved in a transaction is a real estate investment firm and does not claim to be licensed real estate agents or brokers therefore we are not providing representation of the seller(s).
Fazio Real Estate Solutions, LLC or any other party involved in a transaction will assign to the buyer equitable interest. The assignment will be initiated upon reaching a purchase agreement and deposit received. The deposit will be refunded if only the seller doesn’t perform and/or the title does not clear within a reasonable amount of time. The contracted closing is only extended if the title is not deemed clear and all involved parties agree to the extension.
All above-stated information, including any projected after repair values and estimated repairs, are a matter of personal opinion and therefore should be verified independently by the buyer. Always perform your own due diligence to verify and validate any numbers presented before signing a contract or assignment to purchase any property.
REGARDING ASSIGNMENT CONTRACTS: EQUITABLE INTEREST DISCLOSURE PURSUANT TO TEXAS PROPERTY CODE SEC. 5.086: THIS INSTRUMENT REPRESENTS ONLY AN OPTION OR ASSIGNMENT OF AN INTEREST IN REAL PROPERTY. IT IS NOT A TRANSFER OF TITLE. THE ASSIGNOR DOES NOT HAVE LEGAL TITLE TO THE PROPERTY. CONSULT AN ATTORNEY PRIOR TO EXECUTION IF YOU DO NOT UNDERSTAND THIS DISCLOSURE.
CONSULT AN ATTORNEY PRIOR TO EXECUTION IF YOU DO NOT UNDERSTAND ANY DISCLOSURES OR CONTRACTS.