Terms and Conditions
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. CANCELLATIONS & REFUNDS
4. USER REPRESENTATIONS
5. USER REGISTRATION
6. PROHIBITED ACTIVITIES
7. USER-GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. SOCIAL MEDIA
10. SUBMISSIONS
11. ADVERTISERS
12. SITE MANAGEMENT
13. PRIVACY POLICY
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. MISCELLANEOUS
25. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use establish a binding agreement between you, whether as an individual or on behalf of an entity ("you," "the user") and MJS Industry Solutions LLC ("MJS Industry Solutions," "MJS Industry," "MJS," "we," "us," or "our"), governing your access to and utilization of the website ("https://mjsindustrysolutions.com") and any other media forms, channels, websites, mobile websites, or applications associated, linked, or otherwise connected with it (collectively, the "Site"). We are based in Spring, TX 77388, Texas, United States. By accessing the website, you affirm that you have read, comprehended, and consented to abide by all the provisions laid out in these Terms of Use. If you disagree with any part of these Terms, you are explicitly prohibited from using the Site and must cease its use immediately.
Additional terms and documents posted on the Site from time to time are incorporated herein by reference. We retain the discretion to amend or modify these Terms of Use at any time and for any reason. Notification of any changes will be provided by updating the "Last Updated" date of these Terms of Use, and by continuing to use the Site thereafter, you implicitly agree to any such revisions. It is your responsibility to review the applicable Terms regularly to stay informed of any modifications. Your continued usage of the Site constitutes acceptance of the updated Terms of Use.
The information presented on the Site is not intended for distribution to, or use by, any individual or entity in jurisdictions or countries where such dissemination or use would contravene local laws or regulations or subject us to registration requirements in those jurisdictions or countries. Consequently, individuals accessing the Site from other locations do so at their own initiative and are solely responsible for compliance with applicable local laws.
The Site is not designed to adhere to industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions with the Site are subject to such regulations, you are prohibited from using it. Furthermore, usage of the Site in a manner that violates the Gramm-Leach-Bliley Act (GLBA) is strictly prohibited.
The Site is intended for users who are at least 18 years old. Individuals under the age of 18 are not authorized to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless explicitly stated otherwise, the Site represents our proprietary ownership, encompassing all source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics (referred to collectively as the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). These elements are either owned or under our control or licensed to us, and are safeguarded by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws in the United States, international copyright laws, and international conventions. The Content and the Marks are made available on the Site "AS IS" solely for your personal information and use. Except as expressly permitted in these Terms of Use, no portion of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our explicit prior written consent.
Upon confirmation of your eligibility to use the Site, you are granted a limited license to access and utilize the Site, as well as to download or print a portion of the Content to which you have rightfully obtained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you pertaining to the Site, the Content, and the Marks.
All products resulting from the services we offer, such as photographs, illustrations, videos, scans, and digital media, are the exclusive property and copyright of MJS Industry Solutions LLC. These products are owned by us and are safeguarded under National and International Copyright Laws. Reproduction, modification, distribution, or any other use of these products or their components is strictly prohibited without our prior written consent.
When you utilize our services, you are granted an exclusive, non-transferable license to use the photographs for the purpose of selling the property. This includes the ability to display the photographs on MLS systems, social media platforms, websites, and other relevant marketing channels. This licensure is strictly limited to the duration in which the property is actively listed for sale or marked as "coming soon."
Once the property is no longer actively for sale, whether due to a successful sale, withdrawal from the market, or any other reason, the license to use the photographs immediately terminates. Continued use of the photographs beyond this period without obtaining additional written permission from MJS Industry Solutions LLC is prohibited and constitutes a violation of our copyright.
We take our intellectual property rights seriously and will enforce them to the fullest extent permitted by law to protect the integrity and value of our products. If you have any questions or require further permissions beyond the scope of this license, please contact us directly for assistance.
3. CANCELLATIONS & REFUNDS
Any cancellation or rescheduling occurring within less than a 24-hour notice period will result in a cancellation fee. The fee will amount to 50% of the reserved services or $100, whichever is lower.
In the event that you exceed a 15-minute delay for your scheduled service, we may be unable to accommodate you. Under such circumstances, the same cancellation fee will be applicable. We will strive to arrange an alternative appointment time that suits your convenience.
Advance payment is required to secure your appointment. In the event of a cancellation or rescheduling, a reimbursement of "on-account credits" will be issued to you, equivalent to the total appointment cost minus the specified cancellation fee.
Should you need to cancel your appointment, please reach out to us via email at support@mjsindustrysolutions.com between the hours of 10:00 AM and 6:00 PM.
4. USER REPRESENTATIONS
By utilizing the Site, you affirm and assure that: (1) all details you provide during registration will be truthful, precise, up-to-date, and complete; (2) you will uphold the accuracy of this information and promptly update it as necessary; (3) you possess the legal capacity to adhere to these Terms of Use; (4) you are not considered a minor in your jurisdiction of residence; (5) you will not employ automated or non-human methods to access the Site, including bots or scripts; (6) you will refrain from utilizing the Site for any illegal or unauthorized activities; and (7) your utilization of the Site will not contravene any applicable laws or regulations.
Should you furnish any information that is found to be false, inaccurate, outdated, or incomplete, we retain the right to suspend or terminate your account and deny access to the Site, in whole or in part, both presently and in the future.
5. USER REGISTRATION
Registration with the Site may be mandatory. By doing so, you consent to maintaining the confidentiality of your password and assume responsibility for all activities conducted using your account and password. We retain the authority to modify, reclaim, or adjust a user's account, which may involve actions such as adding, removing, or altering account credits, as well as modifying a user's profile details, including their image, contact details, and any other pertinent information associated with the user's account.
6. PROHIBITED ACTIVITIES
You may only utilize the Site for the purposes for which it is intended. Commercial activities on the Site must be explicitly endorsed or sanctioned by us.
As a user, you agree to refrain from:
Systematically extracting data or content from the Site to establish collections, compilations, databases, or directories without our written consent.
Attempting to deceive, defraud, or mislead us or other users, particularly in efforts to acquire sensitive account details like passwords.
Disabling or circumventing security features of the Site.
Disparaging or otherwise causing harm to us or the Site.
Using information from the Site to harass, abuse, or harm others.
Misusing our support services or making false reports of abuse.
Violating any applicable laws or regulations.
Unauthorized framing or linking to the Site.
Uploading viruses, Trojan horses, or other disruptive material.
Engaging in automated actions on the system.
Removing copyright or proprietary rights notices.
Impersonating another user or individual.
Transmitting materials for data collection or transmission.
Interfering with the functioning of the Site.
Harassing our employees or agents.
Attempting to bypass Site security measures.
Copying or modifying the Site's software.
Reverse engineering the Site's software.
Using automated systems without authorization.
Utilizing buying agents.
Unauthorized collection of user data.
Using the Site for competitive purposes.
Advertising goods and services on the Site.
7. USER-GENERATED CONTRIBUTIONS
Users are not permitted to submit or post content on the Site. However, we may offer you the opportunity to create, submit, or display content and materials on the Site, known as "Contributions." These Contributions could include text, videos, audio, photographs, graphics, comments, suggestions, or personal information. Your Contributions may be visible to other users of the Site and on third-party platforms, and they will be treated in accordance with the Site's Privacy Policy.
When you make Contributions, you represent and warrant that:
- Your Contributions do not violate the proprietary rights of any third party, including copyrights, patents, trademarks, trade secrets, or moral rights.
- You have the necessary licenses, rights, consents, releases, and permissions to authorize us and other users of the Site to use your Contributions.
- You have obtained written consent from identifiable individuals appearing in your Contributions to use their name or likeness.
- Your Contributions are truthful and not misleading.
- Your Contributions are not unauthorized advertising, promotional materials, pyramid schemes, spam, or other forms of solicitation.
- Your Contributions are not obscene, violent, harassing, libelous, slanderous, or otherwise objectionable.
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not promote violence against individuals or groups.
- Your Contributions comply with all applicable laws and regulations, including those regarding child pornography and the protection of minors.
- Your Contributions do not contain offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not violate these Terms of Use or any applicable law or regulation.
Any violation of these guidelines may result in the termination or suspension of your account and your access to the Site.
8. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms of our Privacy Policy and your preferences (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensating you.
We do not claim any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and expressly agree to release us from any and all liability and to refrain from any legal action against us regarding your Contributions.
9. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site, or (2) allowing us to access your Third-Party Account as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breaching any of the terms and conditions governing your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including, without limitation, any friend lists, and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including, but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Accounts, except the username and profile picture that become associated with your account.
10. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide regarding the Site ("Submissions") are non-confidential and will become our sole property. We will own all exclusive rights, including intellectual property rights, and have the unrestricted ability to use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without giving you any acknowledgment or compensation. You waive all moral rights to any such Submissions and confirm that the Submissions are your original work or that you have the right to submit them. You agree that you will not have any recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
11. ADVERTISERS
We permit advertisers to display their advertisements and related information in specific areas of the Site, such as sidebars or banners. As an advertiser, you bear full responsibility for any advertisements you place on the Site, as well as for any services provided or products sold through those advertisements. Moreover, you guarantee that you have all the necessary rights and authority to place advertisements on the Site, including intellectual property rights, publicity rights, and contractual rights. Our role is solely to provide the space for these advertisements, and we do not have any other affiliation with advertisers.
12. SITE MANAGEMENT
We retain the right, though not the obligation, to: (1) monitor the Site for any violations of these Terms of Use; (2) take appropriate legal action against anyone who, at our sole discretion, violates the law or these Terms of Use, including reporting such individuals to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable any files and content that are excessively large or burdensome to our systems; and (5) manage the Site in a way that protects our rights and property and ensures the Site functions properly.
13. PRIVACY POLICY
We prioritize data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site is hosted in the United States. If you access the Site from a region with laws or requirements regarding personal data collection, use, or disclosure that differ from those in the United States, your continued use of the Site indicates your consent to transfer and process your data in the United States.
14. TERM AND TERMINATION
These Terms of Use will remain in effect as long as you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE, OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED, AT ANY TIME WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your own name, a false or borrowed name, or the name of any third party, even if acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, including but not limited to civil, criminal, and injunctive remedies.
15. MODIFICATIONS AND INTERRUPTIONS
We retain the right to alter, modify, or remove the content on the Site at our sole discretion, without prior notice, and for any reason. However, we are under no obligation to update any information presented on our Site. Additionally, we reserve the right to amend or discontinue the Site, or any part thereof, without prior notice. We shall not be held liable to you or any third party for any alterations, pricing adjustments, suspensions, or terminations of the Site.
While we strive to ensure the continuous availability of the Site, there may be instances where it becomes temporarily unavailable due to hardware, software, or maintenance-related issues, resulting in interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, discontinue, or otherwise alter the Site at any time and for any reason, without notifying you. You acknowledge and agree that we bear no responsibility for any loss, damage, or inconvenience arising from your inability to access or utilize the Site during any period of downtime or discontinuation. These Terms of Use do not impose any obligation on us to maintain or support the Site or provide any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Terms of Use, as well as your utilization of the Site, are subject to and interpreted in accordance with the laws of the State of Texas. This applies to agreements formed and actions to be carried out entirely within the State of Texas, irrespective of any conflict of law principles.
17. DISPUTE RESOLUTION
Any legal action, regardless of its nature, initiated by either you or us (collectively referred to as the "Parties," and individually as a "Party"), shall be filed or pursued in the state and federal courts situated in Harris County, Texas. The Parties hereby agree to this jurisdiction and waive any defenses related to lack of personal jurisdiction and forum non-conveniens concerning venue and jurisdiction in such state and federal courts. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are not applicable to these Terms of Use. Furthermore, neither Party may commence any claim, action, or proceeding related to the Site more than one (1) year after the cause of action arises.
18. CORRECTIONS
Information provided on the Site may contain typographical errors, inaccuracies, or omissions, which can include descriptions, pricing, availability, and other details. We retain the right to rectify any such errors, inaccuracies, or omissions and to modify or update the information on the Site at our discretion and without prior notice.
19. DISCLAIMER
The Site is provided on an "as-is" and "as-available" basis. By using the Site and our services, you acknowledge that you do so at your own risk. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, regarding the Site and your usage thereof, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not make any warranties or representations regarding the accuracy or completeness of the Site's content or the content of any linked websites. We shall not be liable for (1) errors, inaccuracies, or omissions in content and materials, (2) any personal injury or property damage resulting from your access to and use of the Site, (3) unauthorized access to or use of our secure servers and/or any personal or financial information stored therein, (4) interruptions or cessation of transmission to or from the Site, (5) bugs, viruses, or similar harmful elements transmitted through the Site by third parties, or (6) any loss or damage incurred as a result of using any content posted, transmitted, or made available via the Site.
We do not endorse, warrant, or assume responsibility for any product or service advertised or offered by third parties through the Site. We are not involved in monitoring transactions between you and third-party providers of products or services. As with any purchase, exercise caution and use your best judgment when engaging in transactions through the Site or any other medium.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, brought by any third party due to or arising from: (1) your use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties as outlined in these Terms of Use; (4) your infringement upon the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful actions directed at any other user of the Site with whom you interacted via the Site.
However, we reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are obligated to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
22. USER DATA
We will retain specific data that you send to the Site to oversee its performance, along with data concerning your Site usage. Despite conducting regular backups of data, you bear full responsibility for all data you transmit or that pertains to any actions you've taken on the Site. You acknowledge that we hold no responsibility to you for any loss or damage to such data, and you hereby relinquish any claims against us arising from such loss or damage.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By accessing the Site, sending us correspondence via email, filling out an online form, or registering an account, you expressly agree to receive electronic communications. Furthermore, you acknowledge that all agreements, notifications, disclosures, and other communications we furnish to you electronically, whether via email or on the Site itself, fulfill any legal prerequisites necessitating written communication. YOU ALSO CONSENT TO THE UTILIZATION OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER DOCUMENTS, ALONG WITH ELECTRONIC DISPATCH OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH US OR THE SITE. By doing so, you hereby waive any rights or obligations under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature or the delivery or retention of non-electronic records, or that require payments or the provision of credits through means other than electronic methods.
24. MISCELLANEOUS
These Terms and Conditions, along with any policies or operational guidelines posted by us on the Site or related to the Site, constitute the complete agreement and understanding between you and us. Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions are enforceable to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act resulting from any cause beyond our reasonable control. If any provision or portion of a provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, such provision or portion thereof shall be deemed separable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by virtue of these Terms and Conditions or your use of the Site. You agree that these Terms and Conditions will not be construed against us merely because we drafted them. By accepting these Terms and Conditions, you waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the absence of signatures by the parties hereto.
25. CONTACT US
In order to resolve a complaint regarding the Site or services, or to receive further information regarding the use of the Site, please contact us at:
MJS Industry Solutions LLC
Spring, TX, 77380, United States
Email: support@mjsindustrysolutions.com
Effective as of Sunday, May 26, 2024.