Terms of Use

1. Accepting these Terms

By creating an account, accepting an invitation from an agent, or using the Services, you accept these Terms. If you do not accept them, do not use the Services.

You must be at least 18 years old and able to enter a binding contract.

Electronic records. You agree that we may provide these Terms, the Privacy Policy, the Buyer Activity and Tracking Disclosure, and any notice required by law or by these Terms in electronic form — by posting them in the Services or emailing the address on your account — and that your acceptance in the Services has the same effect as a signature. To access electronic records you need a device with a current web browser and an email account. You may withdraw this agreement by closing your account, and you may request a paper copy by writing to the address in Section 17.

2. What the Services do

The Services let you search property listings, ask questions about community governing documents such as homeowners' association covenants and rules, save searches and favourites, and communicate with a licensed real estate professional if you are working with one.

3. What The Boundary Stone is not

WE ARE NOT A REAL ESTATE BROKERAGE. WE ARE NOT YOUR AGENT. WE DO NOT PROVIDE REAL ESTATE BROKERAGE SERVICES.

We are a technology company. We license software to real estate professionals and provide search tools to consumers. Specifically:

• Using the Services does not create an agency relationship between you and us, and does not create one between you and any agent you encounter through the Services. Agency relationships are created by written agreement with a brokerage, not by using a website.
• We do not represent you in any transaction, negotiate on your behalf, or owe you the duties a licensed broker or agent owes a client.
• We do not provide legal, tax, financial, appraisal, inspection, engineering, or insurance advice. Nothing in the Services substitutes for professional advice.
• Any agent you work with is employed or sponsored by their own brokerage, not by us. Required disclosures about agency relationships, including the Texas Information About Brokerage Services notice, come from that brokerage. We are not responsible for the acts, omissions, advice, or conduct of any agent or brokerage.

4. Your account

You are responsible for the accuracy of your account information and for keeping your credentials secure. Tell us promptly at helpdesk@theboundarystone.com if you believe your account has been used without your authorisation.

If you invite a household member to share access to your record, you are responsible for that invitation, and that person will be able to see the information in your record.

5. Your activity is visible to your agent

If an agent is associated with your account, your searches, saved properties, favourites, and activity within the Services are visible to that agent and to their brokerage. This is a core function of the Services, not an incidental one.

Our Privacy Policy and Buyer Activity and Tracking Disclosure describe precisely what is recorded and who can see it. By using the Services you acknowledge you have read them.

6. Property information — what we can and cannot promise

Listing information comes from a multiple listing service and is provided to us under licence. We do not create it, and we cannot warrant it.

• Listing data is supplied by North Texas Real Estate Information Systems (NTREIS) and is provided AS IS, WITHOUT WARRANTY OF ACCURACY, COMPLETENESS, OR CURRENCY. Listings may be out of date, contain errors made by the submitting brokerage, or be withdrawn without notice to us.
• Always verify anything that matters to your decision — square footage, lot boundaries, acreage, condition, zoning, flood status, school attendance, taxes, and availability — with the listing brokerage, the seller, the county, and your own inspectors and advisors.
• Texas is a non-disclosure state. Sale prices of closed transactions are not public and are not displayed to consumers through the Services. Any estimate or comparison you see is not a confirmed sale price and is not an appraisal.
• Listing photographs are provided by the listing brokerage through the MLS and remain subject to the rights of their owners.
• Listing data is licensed to us. You may not copy, scrape, redistribute, resell, or create a derivative database from it. See Section 8.

7. Community rules — read this before relying on it

A distinctive feature of the Services is that we read recorded community governing documents and answer questions about them. Please understand its limits.

• What we tell you is informational. IT IS NOT LEGAL ADVICE. It is a reading of documents, not an opinion about your rights.
• We only report what we can support from a document we hold. Where we have no document, or it does not address your question, the Services say so rather than guessing. Silence from us is not permission.
• Documents change. Associations amend covenants and adopt rules. What we hold may not be current.
• Under Texas law, a dedicatory instrument has no effect until it is filed in the county real property records. An association may nonetheless assert a rule that is unrecorded or unenforceable. Conversely, a recorded restriction may bind you even if the Services do not show it.
• Before you rely on any community rule — particularly for short-term rental plans, building or improvements, livestock or animals, boats, parking, or business use — confirm it directly with the association and, where the answer matters financially, with your own attorney.

YOU AGREE THAT YOU WILL NOT RELY SOLELY ON THE SERVICES FOR ANY DECISION TO BUY, SELL, OR IMPROVE PROPERTY, AND THAT YOU WILL INDEPENDENTLY VERIFY ANY COMMUNITY RESTRICTION THAT MATTERS TO YOUR DECISION.

8. Acceptable use

You may use the Services for your own personal, non-commercial purpose of finding or evaluating property, or in the course of working with your agent. You may not:

• copy, scrape, crawl, harvest, index, or systematically download listing data or other content, manually or by automated means;
• resell, sublicense, redistribute, or publish listing data;
• build or contribute to a database or product derived from data obtained through the Services;
• reverse engineer, decompile, or attempt to derive source code;
• circumvent rate limits, authentication, bot protection, or access controls;
• probe, scan, or test the vulnerability of the Services, or interfere with their operation;
• use the Services to send unsolicited commercial messages;
• misrepresent your identity, impersonate another person, or use the Services on behalf of someone without their authorisation;
• use the Services for any unlawful purpose, or in a way that would cause us to breach our obligations to a multiple listing service or data provider.

Why this section is strict: our licence to supply listing data prohibits redistribution and provides for substantial damages per unauthorised disclosure. A breach may cause us serious loss, and we may suspend or terminate access immediately if we reasonably believe one has occurred.

9. Fair housing and equal opportunity

We support equal housing opportunity. Federal and Texas law prohibit discrimination in the sale or rental of housing on the basis of race, colour, religion, sex, disability, familial status, or national origin.

The Services do not select, rank, or filter properties using protected characteristics, and will decline a request to do so rather than complying. You may not use the Services to seek, or assist anyone in seeking, housing outcomes on a discriminatory basis.

10. Your content

You keep ownership of the content you submit — search terms, notes, messages, feedback, and similar. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and process it as needed to operate and improve the Services and to make it available to your agent as described in Section 5. This licence ends when we delete the content, subject to backups and to records we are required to keep.

You are responsible for what you submit, and you confirm you have the right to submit it.

11. Our content

The Services — including the software, interface, text, structure, and our compilations and analyses of community governing documents — are owned by us or our licensors and protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Services in accordance with these Terms. All rights not expressly granted are reserved.

12. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BOUNDARY STONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT INFORMATION OBTAINED THROUGH THEM WILL BE ACCURATE OR COMPLETE; OR THAT DEFECTS WILL BE CORRECTED.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY AGENT, BROKER, BROKERAGE, SELLER, BUYER, ASSOCIATION, OR OTHER THIRD PARTY YOU ENCOUNTER THROUGH THE SERVICES.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) THE BOUNDARY STONE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITIES, OR LOST DATA, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

(b) THE BOUNDARY STONE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100).

(c) THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS AND THEORIES OF LIABILITY, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF THE BOUNDARY STONE.

(d) NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

(e) NOTHING IN THESE TERMS WAIVES, LIMITS, OR RESTRICTS ANY RIGHT YOU HAVE UNDER THE TEXAS DECEPTIVE TRADE PRACTICES–CONSUMER PROTECTION ACT. THAT ACT MAY NOT BE WAIVED BY A CONSUMER EXCEPT IN CIRCUMSTANCES THAT DO NOT APPLY HERE, AND WE DO NOT ASK YOU TO WAIVE IT.

Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.

14. Indemnity

You will indemnify and hold harmless The Boundary Stone LLC, its members, officers, and employees from any claim, demand, loss, liability, or expense, including reasonable attorneys' fees, arising out of your breach of these Terms, your misuse of the Services, your violation of any law, or your infringement of a third party's rights.

This indemnity does not extend to any claim arising from our own negligence or misconduct.

15. Suspension and termination

You may stop using the Services and close your account at any time by contacting helpdesk@theboundarystone.com.

We may suspend or terminate your access, with or without notice, if you breach these Terms, if we are required to by a data provider or by law, if your conduct creates risk or legal exposure, or if we discontinue the Services.

Sections 6, 7, 8, 10, 11, 12, 13, 14, 16 and 17 survive termination.

16. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles.

Informal resolution first. Before filing anything, contact us at helpdesk@theboundarystone.com and give us 30 days to resolve the matter. Most disputes are resolved this way, and it costs neither of us anything.

Venue. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Young County, Texas, and you consent to personal jurisdiction there.

No class actions in small claims. Nothing here prevents either of us from bringing an individual claim in small claims court.

17. General

Entire agreement. These Terms, the Privacy Policy, and the Buyer Activity and Tracking Disclosure are the entire agreement between us about the Services.

Changes. We may update these Terms. If a change is material we will notify you and, where appropriate, ask you to accept the updated Terms before you continue. Continued use after a non-material change is acceptance. We keep prior versions and will provide one on request.

Severability. If any provision is held unenforceable, it is severed and the rest remains in force.

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, including outages of third-party services on which the Services depend.

Contact. The Boundary Stone LLC, 15535 CR 166, Graham, TX 76450 · helpdesk@theboundarystone.com