IMPORTANT - READ CAREFULLY: This end-user license agreement ("EULA") is a legally binding agreement between you and the Texas Association of REALTORS® ("TAR", "us" or "our") for use of Texas Association of REALTORS® blank PDF real estate contracts, addenda, and/or forms accessible on www.texasrealestate.com ("Blank Forms").

BY CLICKING THE "ACCEPT" BUTTON BELOW, OR BY ACCESSING, DOWNLOADING, SAVING, PRINTING, TRANSMITTING, OR OTHERWISE USING ANY OF THE BLANK FORMS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK THE "ACCEPT" BUTTON BELOW, OR ACCESS, DOWNLOAD, SAVE, PRINT, TRANSMIT, OR OTHERWISE USE ANY OF THE BLANK FORMS.

  1. LICENSE TERMS
    1. Grant of license. TAR hereby grants you, pursuant to the terms of this EULA, a nonexclusive, nontransferable license to use the Blank Forms.
    2. Authorized Use. Only members of TAR who maintain active licenses with the Texas Real Estate Commission, or other individuals given express written permission, are authorized to use the Blank Forms, subject to the terms of this EULA. Subject to Section 1.c., you are authorized to use the Blank Forms in real estate transactions in which you represent a party and/or in your personal real estate business. You are further authorized to make Blank Forms available to your clients, or parties to a real estate transaction in which you represent a party, on your or your real estate company's website, extranet, or similar site that is behind a firewall or similar filtering software, provided however, you ensure any of the Blank Forms are not accessible by members of the public who are not your clients, or who are not a party to a real estate transaction in which you represent a party, through use of a public uniform resource locator ("URL") without additional security features, such as a password.
    3. Restrictions on Use. Except as expressly provided in Section 1.b., you may not reproduce or display Blank Forms on the Internet. Except by strikeout, the preexisting text of any Blank Forms may not be altered, manipulated, or changed in any way, including but not limited to, "unlocking" or otherwise opening or attempting to open or bypass the security/password protection, converting the form from PDF format to a different file format, removing copyright dates and/or symbols, removing any reference, including headings, to TAR included in Blank Forms, and/or removing member-specific information embedded in the form.
    4. Reservation of Rights. TAR hereby reserves any and all rights not expressly and explicitly granted in this EULA.
  2. INTELLECTUAL PROPERTY RIGHTS
    1. Ownership. TAR retains exclusive ownership of all intellectual property rights embodied in the Blank Forms.
    2. Transfers. You agree that the Blank Forms may not be sold, packaged, transferred, assigned, rented, leased, sublicensed, reproduced, distributed, or otherwise provided, free or at a cost, to any other person without the TAR's express written permission or as this EULA may otherwise provide. All rights and obligations of TAR under this EULA are freely assignable by TAR in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  3. DISCLAIMER OF WARRANTIES
  4. THE BLANK FORMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TAR DOES NOT WARRANT OR REPRESENT THAT THE BLANK FORMS WILL BE ERROR FREE.

    The Texas Association of REALTORS® does not hold itself out as legal counsel. You agree the Blank Forms should not be used as a substitute or an alternative for the advice of an attorney, nor can the Blank Forms be relied upon as the equivalent of legal advice. You further agree, because the law changes rapidly, the Texas Association of REALTORS® cannot guarantee that the forms provided are current or correct. The Blank Forms provided by the Texas Association of REALTORS® will not fit every circumstance. Should you need legal advice for a specific problem, you should consult a licensed attorney.

  5. LIMITATION OF LIABILITY; INDEMNIFICATION
    1. Limitation of Liability. NEITHER TAR, NOR ITS PARENTS, AFFILIATES, SUPPLIERS, SUCCESSORS AND ASSIGNS, OR ANY OF TAR'S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE BLANK FORMS, EVEN IF TAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE FOREGOING, TAR'S TOTAL LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT, OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE TAR MEMBERSHIP DUES ACTUALLY PAID BY YOU FOR A SINGLE TAR MEMBERSHIP.
    2. Indemnification. You will promptly indemnify, defend, and hold harmless the Texas Association of REALTORS®, its parents, affiliates, supplies, successors, and assigns, and all of their officers, directors, and employees and agents from and against any fine, penalty, loss, cost, damage, injury, expense or liability (including reasonable attorneys', accountants', and expert fees and disbursements) arising out of any claim made by you or a third-party relating to use or misuse of the Blank Forms.
  6. TERMINATION
    1. If you fail to comply with this EULA, you will be in default.
    2. Without foregoing any other rights, TAR may terminate this EULA, in the event you are in default. Upon termination, you must immediately cease reproducing, displaying, distributing, or otherwise using any of the Blank Forms.
  7. GENERAL
    1. Entire Agreement. This EULA makes up the entire agreement between the parties regarding the Blank Forms.
    2. Incorporated by Reference. The TAR Terms of Use is an integral part of this EULA and is hereby incorporated by reference. The Terms of Use may be reviewed at https://www.texasrealestate.com/terms-of-use. In the event any of the terms or conditions of this EULA conflict with the terms and conditions of the TAR Terms of Use, this EULA controls.
    3. Modifications. TAR expressly reserves the right to modify this EULA at any time without notice. You may view the updated EULA at https://apps.texasrealestate.com/modules/legal/blankForms/index.cfm.
    4. Governing Law. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this EULA or the Blank Forms in a state or federal court located in Travis County, Texas. The laws of the State of Texas will govern this EULA, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Travis County, Texas for the purpose of litigating all such claims.
    5. Waiver & Severability. If any portion of this EULA is found to be unenforceable, the remaining portion will remain in full force and effect. If TAR fails to enforce any of the terms or conditions of this EULA, it will not be considered a waiver. Any amendment to or waiver of this EULA must be made in writing and signed by TAR.
    6. Attorney's Fees. If any action or proceeding is filed to enforce or interpret this EULA, or any action or proceeding is filed arising out of this EULA, the prevailing party is entitled to recover attorney's fees and costs.
    7. No Third-Party Beneficiaries. Nothing in this EULA, expressed or implied, is intended or shall be construed to give to any person, firm, corporation or legal entity, other than the parties to this EULA, any rights, remedies or other benefits under or by reason of this EULA.
    8. Headings. Any heading, caption or section title contained in these Terms of Use is included for reference purposes only and will not affect in any way the meaning or interpretation of these Terms of Use.
    9. Survival: Each provision, which by its nature is intended to survive this EULA, shall so survive.