First Agent

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Terms and Conditions

Welcome to First Agent!

First Agent is owned and operated by Houston Castles LLC.

These are the terms and conditions for:

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The following terms and conditions apply to the website and services offered by First Agent. This includes any version of First Agent accessible via desktop, mobile, tablet, social media or other devices.

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website” refer to the First Agent website, “we”, “us”, “our”, and “First Agent”, refers to Houston Castles LLC, and “customer”, and “user”, refers to you, the user or customer of First Agent.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.

ACCEPTANCE OF TERMS

This agreement sets forth the legally binding terms for your use of the website and services offered by First Agent. By accessing and using the website and its services, you agree to abide by the provisions of this agreement. If you do not agree to these terms, you must refrain from using the website and services. We reserve the right to modify this agreement at any time, and such modifications shall be effective upon posting on the website. By continuing to use the website and services following the posting of any modifications, you agree to be bound by the updated terms; therefore, it is important that you review this agreement periodically.

First Agent reserves the right, in its sole discretion, to refuse to provide services to any user or customer and to modify its eligibility criteria at any time. This provision shall be inapplicable in those jurisdictions where it is prohibited by law and, in such cases, the right to access the website and services will be revoked.

By using the website and services, you represent and warrant that you have full power, authority and capacity to enter into this agreement and to perform all obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

NOTIFICATIONS AND NEWSLETTER

By providing First Agent with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.

DESCRIPTION OF SERVICES

First Agent offers specialized services for filtering, sorting and organizing real estate data, as well as virtual assistant services. These services are designed to help customers manage and structure the real estate data to which they already have access. First Agent’s virtual assistant acts as an advanced tool to collect, organize and present this data according to the customer’s specific requirements. First Agent does not generate or verify the validity of the data, but simply processes, filters and organizes the information provided by the customer or to which they already have access. These services enable customers to optimize their work with large volumes of real estate information, presenting it in a more accessible and actionable way for their business operations.

VIRTUAL ASSISTANT SERVICES

First Agent’s virtual assistant is designed to automate the collection and sorting of data according to the customer’s pre-defined parameters. This service improves the efficiency of data filtering and organization processes, eliminating the need for manual intervention in repetitive tasks. The virtual assistant allows customers to customize results according to their specific needs, such as market segmentation, identification of key properties or generation of customized reports. First Agent guarantees that the virtual assistant will operate within the parameters set by the customer, but assumes no responsibility for the accuracy or completeness of the data processed if it contains source errors.

LIMITATIONS OF THE SERVICES

First Agent does not guarantee the quality, precision or accuracy of the original data provided by the customer or collected through the virtual assistant. Our service is limited to filtering, organizing and sorting the data according to the criteria provided by the customer, without altering its content or verifying its validity. The customer is responsible for ensuring the integrity of the data prior to processing, and First Agent cannot be held responsible for any inaccuracies that may arise from the quality of the original data or the results obtained from automated processing through the virtual assistant.

USE OF DATA PROVIDED

First Agent will process the data provided or accessed through the virtual assistant only for the purposes requested by the customer. The data will not be used for any other purpose without the express consent of the customer. The information collected by the virtual assistant will be treated with complete confidentiality and will only be available to authorized employees or subcontractors who need access to the data for the provision of the services.

PAYMENT FOR THE SERVICES

The Customer agrees to pay for the services provided by First Agent, which include both the filtering and sorting of data and the use of the virtual assistant, according to the agreed fees. Payments can be made by credit card, bank transfer or other pre-agreed electronic methods. Invoices issued must be paid within the stipulated period. First Agent reserves the right to suspend services if payments are not received on time. The customer is responsible for providing valid and up-to-date payment information.

REFUNDS

Since the services provided are highly customized, including the use of the virtual assistant for automated data processing, no refunds are issued once the services have been delivered or are in progress. If errors attributable to First Agent occur, we undertake to review the situation and, if necessary, correct the errors at no additional cost to the customer, provided that the request for review is made within a reasonable time.

CONFIDENTIALITY

First Agent guarantees that all information provided by the customer will be treated with the utmost confidentiality and will only be used for the purposes agreed within the framework of the service contracted. We implement technical and organizational security measures to protect data against unauthorized access, loss or alteration. Only authorized personnel will have access to the data and they will be held to a high standard of confidentiality protection. In the event that First Agent must share data with third parties in order to fulfil the service, the customer will be duly informed and his explicit consent will be sought. However, First Agent may be obliged to disclose the information in case of legal or regulatory requirements.

MODIFICATIONS TO THE SERVICES

First Agent reserves the right to modify or update the terms of the services at any time, including pricing, virtual assistant functionality and delivery times. Any changes will be notified to the customer in advance. If the customer does not agree with the proposed changes, he/she may choose to cancel the service before the new terms come into effect. Continued use of the services shall be deemed acceptance of the changes.

LIMITATION OF LIABILITY

First Agent limits its liability exclusively to the provision of the services of filtering, sorting and organizing real estate data as well as the virtual assistant services offered. First Agent assumes no responsibility for the accuracy, completeness, truthfulness or suitability of the data provided by the customers or collected through the virtual assistant. The customer acknowledges and agrees that First Agent does not verify or audit the original data and therefore any errors, inaccuracies or incompleteness in the data processed is the sole responsibility of the customer. The customer is responsible for ensuring that the data provided for processing is accurate and complete prior to delivery.

First Agent shall not be liable for any damages, direct or indirect, incidental, special, consequential or punitive, arising out of the use of the services provided, including but not limited to, loss of revenue, business interruption, loss of data or any other financial loss resulting from the use or inability to use the processed data. This includes any malfunctions of the virtual assistant, failures in data sorting or errors in the results delivered, as well as technical problems or service interruptions that may occur during the provision of the service.

The Customer assumes all risk arising from the use of First Agent’s services, including any business decisions made based on the data processed. First Agent does not guarantee that the results provided by the virtual assistant or data filtering services will meet the customer’s expectations or be useful for the customer’s specific purposes. The processed data is provided on an ‘as is’ basis, and First Agent makes no warranties, express or implied, as to accuracy, reliability, fitness for a particular purpose, or non-infringement.

In the event First Agent incurs any error in the performance of the services, its maximum liability shall be limited to correcting such error at no additional cost to the customer, provided that the customer notifies First Agent in a timely manner. First Agent shall not be liable for any additional damages or financial compensation beyond the correction of the error, and no refunds will be made under any circumstances, as the services provided are customized and non-reversible.

The customer agrees that First Agent shall not be liable in the event of any delay in the delivery of processed data due to factors beyond its control, including but not limited to technical failures, network problems, or delay in receipt of data by the customer. First Agent will make every effort to minimize any interruption in service, but cannot guarantee accurate delivery times in unforeseen circumstances.

Furthermore, First Agent shall not be liable for any misuse or misrepresentation of the data processed by the customer or any third party. Once the data is delivered to the customer, the customer assumes full responsibility for its handling, interpretation and use, and exempts First Agent from any claims related to decisions or actions based on the processed data.

COPYRIGHT

All content on First Agent website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by First Agent or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on First Agent are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without First Agent prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize First Agent or any part of the material for any purpose other than its intended purposes is strictly prohibited.

COPYRIGHT INFRINGEMENT

First Agent will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). First Agent respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:    

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that First Agent can find it on the website.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

PERSONAL DATA

Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.

PROHIBITED ACTIVITIES

The following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by First Agent in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.

DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, First Agent provides and maintains the website on an “as is”, “as available” basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website or our services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse First Agent for any loss or damage caused as a result.

First Agent shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, First Agent excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to First Agent and First Agent shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websiteor service purchased through the 
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from First Agent.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

ELECTRONIC COMMUNICATIONS

First Agent will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.

INDEMNIFICATION

You agree to defend and indemnify First Agent from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the website and services.

CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and customers. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by First Agent, shall constitute the entire agreement between you and First Agent concerning and governs your use of the website and the services.

FORCE MAJEURE

First Agent shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.

ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and First Agent. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.

In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.

APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of  Texas. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Texas. This applies unless binding arbitration is agreed to in the applicable section.

FINAL PROVISIONS

Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us using the contact information below:

Houston Castles LLC – First Agent.