Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE GOOPTIONPAY.com SITE and APPLICATION.

By using this site or the application, you signify that you have read and assent to these Terms and Conditions of Use.

If you do not agree to all of these Terms and Conditions of Use, do not use the site or the application. GoOptionPay, LLC reserves the right to update and change these Terms and Conditions of Use at any time. It is your obligation and responsibility to review these Terms and Conditions of Use for any updates. Your continued use of the site or the application means that you accept those changes. You are urged to reference the Terms and Conditions of Use each time you access this site or the application.

GoOptionPay.com and the associated application offer users an opportunity to pay the option fee associated with real estate contracts within the State of Texas (“Option Fee”). This site and application do not provide real estate, payment, or any other advice. GoOptionPay, LLC does not investigate whether any payment provider accessible through the GoOptionPay.com site has all necessary safeguards in place with respect to payment processing.  While GoOptionPay.com provides access to payment processing services, GoOptionPay, LLC makes no representations or warranties regarding the payment processor’s ability to securely and competently process the payment of any Option Fee. 

The content of this site, including all text, graphics, images, information and other material (“Content”) contained on the site or application, are intended for informational purposes only. The Content is for general informational purposes only and is not to be taken as real estate or legal advice. You should review and consult the applicable contract to determine rights and remedies with respect to payment of any Option Fee. While GoOptionPay, LLC may update the Content from time to time, any individual reliance on the Content is at your own risk.

Always seek the advice of your broker, agent or attorney with any questions you may have regarding the contract terms or the Option Fee. Never disregard professional legal advice or delay seeking it because of something you have read on any website.

Use of Content

The Content is protected by copyright under United States and foreign laws. Title and ownership to the Content remains with GoOptionPay, LLC or its licensors. You may make a copy of the Content solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2018, GoOptionPay, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content on any such copy. You may not modify or distribute the Content nor otherwise use or copy the Content, without the express written permission of GoOptionPay, LLC.

Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may infringe on GoOptionPay, LLC’s or its licensors’ copyright, or trademark rights, or violate other laws. If you use any of the Content in a manner not expressly permitted, your permission to use the Content automatically terminates and you must then destroy any copies (whether in downloaded or tangible copy form) you have made of the Content.

Disclaimer of Liability of GoOptionPay, LLC and Its Licensors

The use of the site, application and its Content is at your own risk. GoOptionPay, LLC does not guarantee the accuracy of the Content. GoOptionPay, LLC disclaims all liability or responsibility for injury or impairment experienced by you if you utilize any of the information accessed through this site.

When using the site, information is transmitted over the Internet, a medium which is beyond the control of GoOptionPay, LLC. Accordingly, GoOptionPay, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site.

The site and the Content are provided on an “as is” basis. GoOptionPay, LLC and its licensors, to the fullest extent permitted by law, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose.

Specifically, GoOptionPay, LLC makes no representations or warranties about the following:

1. The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of a site.

2. The satisfaction of government regulations regarding payment processing services.

In no event will GoOptionPay, LLC be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any payment processing accessed through this site, whether based on warranty, contract, tort, or any other legal theory and whether or not GoOptionPay, LLC is advised of the possibility of such damages.

Intellectual Property

GoOptionPay, LLC’s intellectual property provided, demonstrated or used in connection with any services, including databases, software, web pages, programs, processes and procedures, reports, manuals, presentations, patents, trademarks, copyrights, trade secrets, service marks, know-how and any other similar rights or intangible assets recognized under applicable law (all of the foregoing, including source codes and similar information, “Intellectual Property”), was developed and maintained at great expense, is of great value to GoOptionPay, LLC, is confidential and proprietary, and shall remain the sole and exclusive property of GoOptionPay, LLC at all times.WithoutGoOptionPay, LLC’spriorwrittenconsent,youshallneitherdirectlynor indirectly attempt to or actually disclose, use, re-create, duplicate, decode, alter, change, disassemble, decompile, or reverse engineer any Intellectual Property. You acknowledge and agree that a violation of any of the foregoing shall cause irreparable harm toGoOptionPay, LLC.

Data Privacy 

You represent, warrant and covenant that you will comply with all applicableprivacyanddataprotection lawswithrespecttoinformationabout contacts or clients of yours or about other persons or entities (“Customer Data”) that you provide to GoOptionPay, LLC to enable GoOptionPay, LLC to perform services. In providing services, GoOptionPay, LLC may be required to shareCustomerDatawithgovernmental unitsandmayprocessCustomerDataand thus act as a “data processor” or similar term under applicable law with respect to such data and will process Customer Data in accordance with lawful instructions from you. GoOptionPay, LLC may use Customer Data as part of its registration, general administration process (e.g., in order to carry out compliance, or invoicing),andotherwiseinperformingservices. GoOptionPay, LLC may aggregate the Customer Data received on the GoOptionPay.com site and application and share such Customer Data with third parties provided such Customer Data is provided anonymously and without reference to you or any of your customers or clients.

User Submissions

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is non-confidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted a royalty free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed.

Registration and Purchases

Registration on GoOptionPay.com is free for real estate agents, brokers, and other real estate professionals (“Agents”). Registration constitutes the creation of a Profile by providing Registration Data to GoOptionPay, LLC. Use of the Option Fee processing and payment service is purchased as outlined below. There are no refunds.

I.Agents can purchase one Option Fee processing for $5.00.

II.Agents can purchase a Premium Subscription for $99.00 per year. The number of Option Fee processing that can be submitted pursuant to a Premium Subscription is unlimited.

III.Each Option Fee payment is subject to a Service Use fee to cover the cost of processing the Option Fee payment.

Renewal

To prevent service interruption, Premium Subscriptions are subject to automatic renewal at the end of the agreement period. To stop automatic renewal, Premium Subscription must be cancelled seven (7) days prior to the end of the agreement period of the current Premium Subscription. Upon cancellation, the Agent’s Registration will be removed from GoOptionPay.com. All access to Option Fee payments will be terminated. Automatic renewal constitutes an agreement to the current Terms and Conditions of Use in effect on that date. 

Indemnity

You agree to defend, indemnify, and hold harmless GoOptionPay, LLC, its officers, directors, employees, agents, licensers, and suppliers from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these Terms and Conditions of Use.

International

GoOptionPay, LLC makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with or in any way relating to your use of the GoOptionPay.com site, resides in the courts of Dallas County, Texas, and further agree and expressly consent to the exercise of personal jurisdiction in the courts of Dallas County, Texas, in connection with any dispute including any claim involving GoOptionPay, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions of Use are governed by the laws of the State of Texas, without regard to its conflicts of law principles. If any provisions of these Terms and Conditions of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement Except as Expressly Provided in a Particular “Legal Notice” on the Site

These Terms and Conditions of Use constitute the entire agreement between you and GoOptionPay, LLC with respect to the use of the GoOptionPay.com site and Content. Your use of the site is also subject to the disclaimers and policies posted herewith.

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