1. ACCEPTANCE OF TERMS

1.1 Your access to and use of TheHuffakerGroup.com ("the Website") and all Services referred to in Section 2, is subject exclusively to these Terms and Conditions. You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Services.

1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2. THE SERVICES

"Services" consist of the Website and any functions provided by, through, or in conjunction with the Website, including but not limited to real estate partnering services, agent communication services, email, telephone messages, and text messages. Unless stated otherwise, the Services are for your personal and non-commercial use only.

The Services are not for use by users under the age of 13. By registering for the Services, you warrant to us that you are over the age of 13, and that you shall not allow persons under the age of 13 to use or access the Services.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY. DO NOT USE THE WEBSITE OR REGISTER FOR THE SERVICES IF YOU DO NOT WISH TO COMPLY. By either filling out our contact form or registering a user account in order to use the Services, you give us express written consent to contact you by phone, e-mail, or text messages. Message frequency will vary. Message and data rates may apply. YOU EXPRESSLY AGREE THAT WE MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE "DO NOT CALL" REGISTRY.

You have the right to withdraw your consent and may opt-out of receiving phone calls by contacting us in any of the methods listed in the "Contact" section of the Website. In addition, you may opt-out of e-mails by clicking the "unsubscribe" link in any e-mail we send to you, and opt-out of text messages by replying to text messages you receive from us with a request to STOP.

If you opt-out and then re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable.

3. PRIVACY POLICY

Our Privacy Policy is incorporated herein by reference.

4. USER ACCOUNT, PASSWORD AND SECURITY

In order to use the full functionality of the Services, you may be required to create a user account. If so, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your user account.

You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s user account at any time without the express permission of the account holder.

5. ACCEPTABLE USE

5.1 For purposes of these Terms of Use, "Content" means information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials made available, displayed or transmitted over, by, or in connection with the Services (including information made available by means of an Internet “hyperlink”, a third-party web posting or similar means), including all trademarks, trade names, service marks and domain names contained therein.

With regard to the use of the Services, including any and all Content that you upload, send, post, e-mail, or otherwise transmit while using the Services, you represent that (i) you are the true owner of or have and will have at all times sufficient rights, without limitation, to upload the Content, (ii) the Content does not and will not violate (a) the copyrights, patents, trade secrets, trademarks, service marks or other intellectual property rights, (b) other property rights, (c) privacy rights or (d) any other proprietary rights of any other person, business, or entity, and (iii) transmission of the content does not and will not violate any laws or breach any licenses or other agreements to which you are a party.

Except as specifically permitted by law, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials.

You acknowledge that all Content, whether posted publicly or transmitted privately over, by, or in connection with the Services are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is inaccurate, offensive or indecent.

We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of or reliance on any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

5.3 In using the Services you agree not to:

• post, publish, distribute or disseminate material or information that is tortious, libelous, defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
• threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• make available or upload files that contain a virus, worm, trojan, corrupt data, or other code that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the operation of the Services or with any computer or property of another;
• advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
• post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).

We shall be entitled, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

You may not use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party's) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing. Examples of prohibited actions include unauthorized monitoring, scanning or probing of networks, hacking, phishing, or using scripts/tools to compromise systems or data security.

6. TERMINATION

We reserve the right to immediately and without notice suspend or terminate your account or any of the Service if we reasonably believe that you have violated these Terms and Conditions. We have no obligation to provide you with notice of an alleged violation. We may at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Services.

7. LINKS TO THIRD PARTY WEBSITES

The Services may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Neither these Terms and Conditions nor our Privacy Policy governs the use of your information by third-party websites.

8. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

You acknowledge that (i) the export, import, and use of certain software, and technical data that may be provided as part of the Services are subject to U.S. export laws and regulations; (ii) the transmission of Content via the Services may be subject to domestic and foreign privacy and data protection laws (such as electronic communications and privacy statutes); and (iii) you agree to strictly comply with all such laws applicable to your use of the Services or your transmission of Content.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 The Services, the Website and all content therein (including design, text, graphics, software, source code) are protected by copyright, trademarks, patents and other intellectual property laws. By accessing the Services you agree to use the content solely for personal, non-commercial use.

None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without prior written consent of the copyright holder. We grant a limited, personal, non-exclusive license to copy or print pages viewed through the Website for personal, non-commercial use only.

9.2 We do not claim ownership of any Content you post/upload to publicly accessible areas of the Services. However, by doing so you grant us a worldwide, royalty-free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as it remains on the Services. The license ends when you delete the Content from the Services.

10. INDEMNITY

You agree to indemnify, defend and hold us harmless from and against any Claims and Damages arising from (i) your breach of these Terms and Conditions; (ii) any Claim brought against us by a third party arising from your use of the Services or Content you submit; or (iii) any violation of applicable laws or third-party rights.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 For purposes of Sections 10 and 11: "Claim" means any legal or regulatory action, litigation, arbitration, or proceeding; "Damages" include any liability, loss, cost, expense, or damage of any kind, including reasonable attorneys’ fees and court costs.

11.2 WARRANTY DISCLAIMER: USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" and we make no warranty (express or implied), including warranties of title, merchantability, or fitness for any particular purpose.

11.3 We are not liable for any damages arising directly or indirectly from lost or altered messages, unauthorized access, data loss or destruction of content, except if caused by our gross negligence or willful misconduct.

11.4 To the extent permitted by law, we disclaim liability for any special, incidental, indirect, punitive, or consequential damages, including lost profits or business losses, arising from use of the Services, service interruption, errors, or data loss.

11.5 You acknowledge that the Services are not guaranteed to be secure or free from tampering, viruses, or other security issues. Transmission or use of content is at your own risk.

11.6 Nothing in these Terms shall exclude or limit liability for death or personal injury resulting from our negligence.

12. SEVERABILITY

If any provision of these Terms is held invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be deemed separate and ineffective to the extent of such holding, and the remaining Terms shall remain in full force and effect.

13. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which we maintain our headquarters. Captions and headings are for reference purposes only and are not substantive provisions. Pronouns used herein include singular and plural, and are to be deemed masculine, feminine, or neuter as the context requires.