Terms and Conditions

Introduction and Definitions

Effective Date:

April 28, 2025

Welcome to the Sold by Sunset, LLC. These Terms and Conditions ("Terms") are a legal agreement between you (referred to as "you" or "User") and Sold by Sunset, LLC (referred to as "Sold by Sunset," "Company," "we," "us," or "our"). By accessing or using our website or any services provided by Sold by Sunset (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Service.

For purposes of these Terms:

"Service" includes our website (including all content, features, and services provided on the website) and any communications or services we provide to you. "User" ("you") means any individual who accesses or uses the Service. "Sold by Sunset, LLC" ("Company," "we," "us," or "our") refers to Sold by Sunset, LLC, a limited liability company organized under the laws of the State of Texas. "Site" refers to our website located at soldbysunset.com or www.soldbysunset.com/info and any related subdomains or mobile applications that link to these Terms.

Our Service is intended for individuals located in the United States. By using the Service, you represent that you are accessing the Service from within the U.S. and that you are at least 18 years of age (or the age of majority in your jurisdiction). If you access the Service from outside the U.S., you do so on your own initiative and are responsible for compliance with any applicable local laws.

User Accounts

When you create an account or otherwise provide information on our Service, you agree to:

Provide accurate, current, and complete information about yourself. Maintain and promptly update your information to keep it accurate and current. Keep your login credentials (such as username and password) confidential and do not share them with others. Accept responsibility for all activities that occur under your account.

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an account or use the Service. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity. If we suspect that any information you provided is untrue, inaccurate, not current, or incomplete, or if you violate these Terms, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service.

SMS and Email Communications Consent

By providing your email address or phone number to Sold by Sunset (for example, by filling out a form, creating an account, or contacting us), you consent to receive communications from us via email and via SMS/text messages. This section explains the terms under which we may send you such communications and your rights regarding them.

Email Communications:

We may send you emails for account verification, notifications, newsletters, updates, promotional materials, or other purposes related to our Service. You can opt out of receiving promotional emails at any time by clicking the "unsubscribe" link provided in those emails or by contacting us. Even if you opt out of marketing emails, we may still send you transactional or administrative messages (for example, emails about your account or transactions you initiate).

SMS/Text Message Communications:

If you provide a phone number and consent to receive SMS communications, you agree that Sold by Sunset (or its service providers acting on its behalf) may send you text messages (SMS or MMS) at the number you provide. These messages may include service updates, inquiry responses, appointment reminders, or marketing/promotional content related to our real estate services. Message frequency may vary.

Message and data rates may apply

according to your cellular plan.

By consenting to receive SMS messages, you acknowledge and agree that:

Consent: Your consent to receive text messages is voluntary and not a condition of purchasing any property, good, or service from us.Opt-Out: You can opt out of SMS messages at any time. To stop receiving text messages, reply STOP to any message you receive from us. After texting STOP, you may receive one additional message confirming your opt-out. Alternatively, you can request to opt out by contacting us at our contact information provided below.

Help: If you need assistance or more information regarding our text messages, reply HELP to any of our messages or contact us via email or phone.

Updating Number: If you change or deactivate the phone number you provided to us, you agree to promptly update your account information or notify us to prevent messages from being sent to the wrong person.

Service Provider Charges: We are not responsible for any charges from your telephone or mobile service providers related to our communications. All charges are your sole responsibility.Carrier Limitations: Delivery of SMS messages may be subject to effective transmission by your network operator and is outside of our control. Your mobile carrier and our messaging providers are not liable for delayed or undelivered messages.

We will handle the information you provide (such as your contact information) in accordance with our Privacy Policy (see below). Your consent to receive communications as described above will remain in effect until you withdraw it.

Use of the Service

You agree to use our Service only for lawful purposes and in accordance with these Terms. The Service is provided to you for your personal, non-commercial use (except in connection with your personal real estate transactions with us). You agree

not to:

Violate any applicable federal, state, or local laws or regulations while using the Service.

Use the Service for any fraudulent or unlawful purpose, or to solicit others to engage in any fraudulent or unlawful activities. Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Sold by Sunset or other users of the Service or expose them to liability.

You are solely responsible for any information or content that you submit to the Service (such as information submitted through contact forms or account registration). You represent that any such information is truthful, accurate, and does not violate any laws or any third party's rights. We reserve the right (but have no obligation) to review, monitor, remove, or edit any content you submit at our sole discretion.

Prohibited Activities

In using our Service, you agree that you will NOT do any of the following:

Illegal Activities: Use the Service for any purpose that is illegal or prohibited by these Terms.

Violation of Rights: Post or transmit any material that infringes upon the rights of others, including intellectual property rights, privacy rights, or publicity rights.

Disruption: Introduce any malware, virus, Trojan horse, worm, logic bomb, or other harmful material into the Service, or use the Service in any manner that could damage, disable, overburden, or impair our servers or networks.

Unauthorized Access: Attempt to gain unauthorized access to any portion or feature of the Service, other user accounts, or any systems or networks connected to the Service, by hacking, password "mining," or any other illegitimate means.

Data Mining: Use any robot, spider, scraper, crawler, or other automated means or interface not provided by us to access the Service or to extract data.

Impersonation and Misrepresentation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including by using another person's login information.

Harassment or Abuse: Harass, threaten, abuse, embarrass, or harm another person or entity, or post any obscene, offensive, pornographic, defamatory, or otherwise objectionable content.Spam: Send, or procure the sending of, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," "pyramid schemes," or any other form of solicitation.

Circumvention: Circumvent, disable, or otherwise interfere with any security or authentication measures of the Service, or any features that enforce limitations on use of the Service.

Collect Personal Data: Collect or harvest any information about other users of the Service (such as names or email addresses) without their consent.

Engaging in any of the above prohibited activities is a material breach of these Terms and may result in immediate termination or suspension of your rights to use our Service, as well as any other remedies available to us under law or equity.

Intellectual Property Rights

All content and materials available on the Service, including but not limited to text, graphics, logos, images, audio clips, video, software, and other content (collectively,

"Content"

), are the property of Sold by Sunset or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Sold by Sunset, LLC owns and retains all rights, title, and interest in and to its trademarks, brand names, logos, and trade dress (including the "Sold by Sunset" name and logo). These Terms do not grant you any right or license to use any trademarks or logos of Sold by Sunset for any purpose, unless expressly authorized in writing.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its Content for your personal, non-commercial use, solely as necessary to use the Service as provided by Sold by Sunset. No other use of the Content or Service is permitted without our prior written permission. You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as automatically and temporarily necessary for viewing the Service in the normal course of use (such as caching in a web browser).

If you submit any suggestions, ideas, feedback, or other information to us regarding our Service ("Feedback"), you grant us a perpetual, worldwide, irrevocable, sublicensable, transferable, royalty-free license to use, reproduce, modify, adapt, publish, or otherwise exploit that Feedback for any purpose, without any compensation to you.

Unauthorized use of the Content or Service may violate intellectual property laws and is a breach of these Terms. We reserve all rights not expressly granted to you in these Terms.

Third-Party Links

Our Service may contain links to third-party websites or services that are not owned or controlled by Sold by Sunset, LLC. These links are provided for your convenience only. Sold by Sunset has no control over, and assumes no responsibility for, the content, privacy policies, terms, or practices of any third-party websites or services.

If you access a third-party website via a link on our Site, you do so at your own risk. A link to a third-party site does not imply endorsement by Sold by Sunset of the content or the operators of that site. We encourage you to review the terms and privacy policies of any third-party sites that you visit.

Termination

We reserve the right to terminate or suspend your access to the Service, with or without notice, for any reason, including if we believe that you have violated these Terms or any applicable law or regulation, or if we discontinue the Service. Upon termination, your right to use the Service will immediately cease.

You may also discontinue use of the Service at any time. If you have an account, you may terminate your account by following any instructions available on the Service or by contacting us directly.

Termination of your account or access to the Service will not limit any of our rights or remedies at law or in equity. The following provisions will survive any termination of these Terms or your account: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Governing Law, and any other provisions that by their nature should survive termination.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Sold by Sunset, LLC or its owners, officers, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits or revenues, loss of data, loss of goodwill, or other intangible losses, arising out of or related to your use of, or inability to use, the Service, regardless of legal theory, even if we have been advised of the possibility of such damages.

In no event shall the total liability of Sold by Sunset, LLC for all claims arising out of or relating to these Terms or the Service exceed the greater of: (a) the total amount (if any) you paid to us for the specific service or product at issue in the twelve (12) months preceding the event or circumstance giving rise to the claim; or (b) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some of the above exclusions or limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Sold by Sunset, LLC and its past, present, and future owners, officers, directors, affiliates, employees, agents, and representatives (collectively, "Indemnitees") from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use or misuse of the Service, (b) any content you submit, post, or transmit through the Service, (c) your violation of these Terms or any applicable law or regulation, or (d) your infringement of any rights of another.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such matter. You shall not settle any such matter without our prior written consent.

Disclaimer of Warranties

Your use of the Service is at your own risk. The Service and all Content therein are provided on an

"AS IS"

and

"AS AVAILABLE"

basis, without any warranty or condition of any kind, either express or implied.

Sold by Sunset, LLC disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose.

We do not warrant that:

The Service will meet your requirements or expectations. The Service will be uninterrupted, timely, secure, or error-free. The information or results that may be obtained from the use of the Service will be accurate, reliable, or current. Any defects or errors in the Service will be corrected.

Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk. You will be solely responsible for any damage to your device or loss of data that results from the download or use of any material through the Service.

No advice or information, whether oral or written, obtained by you from Sold by Sunset or through the Service shall create any warranty not expressly stated in these Terms.

Dispute Resolution and Governing Law

These Terms and any dispute arising out of or related to the Service or these Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Arbitration Agreement:

You and Sold by Sunset agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service that cannot be resolved through informal negotiation within 30 days shall be resolved by binding arbitration on an individual basis, except that you and we are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of intellectual property. The arbitration shall be conducted in the English language, in accordance with the rules of the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and judgment on the arbitration award may be entered in any court having jurisdiction.

No Class Actions:

All disputes will be resolved on an individual basis and you agree not to participate in a class, consolidated, or representative action. By agreeing to arbitration, you understand that you are waiving your right to a jury trial in a court proceeding.

Opt-Out:

You have the right to opt out of the arbitration agreement by sending written notice of your decision to opt out to our contact address below within 30 days of first accepting these Terms. If you do so, neither you nor Sold by Sunset can require the other to participate in an arbitration proceeding.

If a dispute arises that is not subject to arbitration as provided above, you agree that any legal suit, action, or proceeding shall be instituted exclusively in the state or federal courts located in Harris County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Changes to Terms

We may modify or update these Terms from time to time in our sole discretion. When we make material changes to these Terms, we will update the "Effective Date" at the top of this page. It is your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service.

Contact Information

If you have any questions, concerns, or comments about these Terms or our Service, you can contact us at:

Sold by Sunset, LLC
307 Highpoint Xing
Huffman, Texas 77336, USA

Email:

[email protected]
Phone: (832) 281-9040