Terms & Conditions for Webstarz

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Webstarz LLC (“Webstarz,” “Company,” “we,” “our,” or “us”).

By subscribing to or using Webstarz services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Services

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Webstarz LLC (“Webstarz,” “Company,” “we,” “our,” or “us”). These Terms govern all website design, website configuration, website maintenance, website hosting coordination, content placement, subscription support, search engine optimization setup, accessibility efforts, and related digital services provided by Webstarz.

By subscribing to, purchasing, approving, accessing, paying for, or continuing to use any Webstarz service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use Webstarz services.

These Terms apply to all clients unless a separate written agreement signed by Webstarz expressly states otherwise. In the event of a conflict between these Terms and a separate signed agreement, the separate signed agreement controls only as to the conflicting provision.

2. Subscription & Billing

• No upfront setup fee for standard website setup unless otherwise agreed in writing
• Monthly subscription pricing varies by project, scope, platform, and services agreed in writing
• Month-to-month
• No long-term contract unless separately agreed in writing
• Cancel anytime prior to the next billing cycle

Webstarz provides subscription-based website design, website setup, website configuration, website maintenance, hosting coordination, administrative website support, content placement, basic search engine optimization setup, website updates, website edits, landing pages, and related digital services for real estate professionals, small businesses, service businesses, and other clients.

Webstarz may assist with design layouts, page creation, property listing placement, brokerage branding, image placement, copywriting, SEO titles and descriptions, IDX coordination, contact forms, navigation setup, accessibility statements, domain connection assistance, and general website support.

Unless expressly agreed in writing, services do not include custom software engineering, custom application development, legal compliance audits, brokerage compliance review, MLS compliance review, paid advertising management, guaranteed SEO ranking services, guaranteed lead generation, custom database development, enterprise security audits, or legal review.

3. No Professional Advice

Webstarz is not a law firm, accounting firm, financial advisor, tax advisor, real estate brokerage, MLS provider, IDX provider, ADA compliance law firm, cybersecurity auditor, or licensed compliance consultant. Any website content, policies, disclaimers, accessibility statements, or business language prepared by Webstarz is provided for general business and website purposes only.

Client is solely responsible for obtaining independent legal, financial, tax, regulatory, brokerage, advertising, accessibility, privacy, and compliance advice from qualified professionals where appropriate. Webstarz does not guarantee that any website, statement, policy, disclosure, or content will satisfy every legal, regulatory, brokerage, MLS, accessibility, privacy, consumer protection, advertising, or industry requirement.

4. Subscription and Billing

Unless otherwise agreed in writing, Webstarz services are provided on a month-to-month subscription basis. Standard website setup may be offered with no upfront setup fee, while monthly subscription pricing varies by project, scope, platform, service level, add-ons, and any terms confirmed in writing or agreed to by the parties.

Recurring billing begins only after Client review and approval of the website, after Client authorizes activation, after Client submits payment, or after Client otherwise requests that the website or services go live.

Client authorizes Webstarz or its payment processor to charge the applicable recurring subscription fees, taxes, add-ons, pass-through expenses, domain fees, third-party service charges, or other approved charges. Client is responsible for keeping payment information accurate and current.

Failure to pay any amount when due may result in immediate suspension, removal, restriction, or termination of services without liability to Webstarz.

5. No Setup Fee

Unless otherwise agreed in writing, Webstarz does not charge an upfront setup fee for standard website setup. The absence of a setup fee does not mean that Client owns Webstarz’s proprietary frameworks, backend systems, design templates, layouts, configurations, styling systems, code structures, processes, or website architecture.

The monthly subscription, as agreed on a project-by-project basis, provides Client with a limited license to use the delivered website during an active paid subscription, subject to these Terms.

6. Website Review, Approval, and Acceptance

Before recurring billing begins, Client is generally provided an opportunity to review the website. By authorizing activation, submitting payment, approving the website, requesting launch, continuing with services, or permitting the website to remain live, Client confirms that Client has reviewed and accepted the website’s design, layout, content, pages, structure, functionality, navigation, and delivered condition.

Payment of the subscription constitutes formal acceptance of the website and waiver of objections to design, layout, structure, content, images, copy, formatting, or functionality existing at the time of activation, except for issues Webstarz expressly agrees in writing to correct.

Client is responsible for carefully reviewing all names, titles, brokerage information, phone numbers, email addresses, licensing information, property information, testimonials, images, links, disclaimers, and other content before approving launch.

7. Delivery Time Estimates

Any delivery timelines, including references such as “done in under 24 hours,” “same day,” “fast launch,” or similar wording, are estimates only and are not guarantees of completion by a fixed deadline.

Delivery timelines may vary based on client responsiveness, availability of complete materials, requested revisions, domain access, DNS propagation, brokerage approvals, IDX approvals, MLS approvals, third-party integrations, platform limitations, hosting issues, technical delays, payment issues, or other factors outside Webstarz’s reasonable control.

Webstarz is not liable for delays caused by incomplete information, unavailable assets, client revisions, third-party vendors, domain registrars, hosting companies, MLS or IDX providers, payment processors, internet outages, or circumstances beyond Webstarz’s reasonable control.

8. Client Responsibilities

Client is responsible for providing accurate, complete, current, and lawful information necessary for Webstarz to perform services. Client must provide requested materials, approvals, access credentials, domain information, brokerage information, listing content, photos, logos, testimonials, business descriptions, and other required assets in a timely manner.

Client is responsible for reviewing all website content and promptly notifying Webstarz of any errors, omissions, compliance concerns, outdated information, broken links, inaccurate claims, unauthorized materials, accessibility concerns, or needed corrections.

Client agrees not to use Webstarz services for unlawful, misleading, discriminatory, infringing, defamatory, deceptive, abusive, or harmful purposes.

9. Client Content and Materials

Client is solely responsible for the accuracy, legality, ownership, authorization, and compliance of all materials provided to Webstarz, including but not limited to biographies, photos, logos, brokerage marks, service marks, trademarks, listing descriptions, property data, testimonials, reviews, videos, disclosures, license information, contact information, claims, pricing, service descriptions, awards, statistics, and marketing materials.

Client represents and warrants that Client owns or has obtained all necessary rights, licenses, consents, approvals, and permissions to provide, use, publish, display, and distribute all content supplied to Webstarz.

Webstarz is not responsible for verifying the copyright status, licensing status, MLS authorization, brokerage approval, testimonial compliance, advertising compliance, privacy compliance, or legal accuracy of Client-provided content.

10. Intellectual Property Ownership

All website frameworks, backend architecture, design systems, templates, layouts, page structures, custom configurations, styling systems, code structures, scripts, workflows, processes, methods, and proprietary systems created, used, modified, or supplied by Webstarz remain the exclusive intellectual property of Webstarz unless expressly assigned in a separate written agreement signed by Webstarz.

Client does not acquire ownership of Webstarz’s intellectual property by paying a subscription fee, approving a website, using a website, or requesting modifications.

Client may not copy, export, reverse engineer, duplicate, resell, transfer, sublicense, recreate, scrape, reproduce, or use Webstarz’s proprietary website structures, designs, code, configurations, or systems outside an active paid subscription without written permission from Webstarz.

11. Limited Website License

During an active paid subscription, Webstarz grants Client a limited, non-exclusive, revocable, non-transferable license to use the website as delivered and hosted or configured by Webstarz.

This license exists only while Client’s account remains active, paid, and in good standing. Upon cancellation, non-payment, chargeback, suspension, or termination, the license terminates immediately unless otherwise agreed in writing.

No ownership of Webstarz frameworks, code, designs, templates, systems, processes, or website architecture transfers to Client upon cancellation.

12. Domain Ownership and Administration

Client retains ownership of Client’s independently owned domain name. If Webstarz registers, purchases, connects, configures, or manages a domain on Client’s behalf, such action is performed for Client’s benefit and does not create Webstarz ownership of the domain unless otherwise agreed in writing.

Domain registration fees, renewal fees, transfer fees, premium domain fees, DNS services, email hosting, privacy protection, and registrar costs are separate from the monthly subscription unless expressly included in writing.

Upon cancellation and subject to payment of all outstanding balances, Webstarz may provide reasonable assistance with domain transfer or administrative access requests. Webstarz is not liable for domain expiration, registrar delays, DNS propagation delays, client failure to renew, incorrect DNS changes, third-party registrar problems, or domain disputes.

13. Hosting, Platform, and Technical Infrastructure

Webstarz may use third-party platforms, website builders, hosting providers, content management systems, DNS providers, CRM systems, form tools, analytics tools, IDX providers, plugins, APIs, or related technology providers to deliver services.

Webstarz does not guarantee uninterrupted hosting, platform availability, error-free operation, perfect performance, permanent uptime, or compatibility with every browser, device, operating system, plugin, integration, or future technology update.

Webstarz is not liable for downtime, outages, speed issues, data loss, plugin failures, platform bugs, hosting interruptions, cyber incidents, DNS issues, email delivery problems, third-party updates, or failures caused by external providers.

14. Third-Party Services and Integrations

Client acknowledges that many website functions may depend on third-party services, including but not limited to Squarespace, GoHighLevel, IDX vendors, MLS systems, domain registrars, Google services, Meta platforms, analytics tools, CRM systems, payment processors, email providers, hosting platforms, map providers, review widgets, social media embeds, and plugin providers.

Webstarz does not control third-party services and is not responsible for their availability, pricing, policies, approvals, data accuracy, security, downtime, discontinuation, compatibility, or errors.

Third-party services may be subject to their own terms, privacy policies, fees, approvals, compliance requirements, and limitations. Client is responsible for reviewing and complying with those third-party terms.

15. Property Listings and MLS Content

Webstarz may upload, display, format, or assist with property listings, including active listings, pending listings, sold properties, addresses, prices, property descriptions, property photographs, open house information, links, and other listing data.

Client represents and warrants that Client has full legal authority, MLS authority, brokerage approval, copyright permission, and all necessary rights to use and display all listing content and images supplied to Webstarz.

Client agrees that all property information is deemed reliable but not guaranteed and may be subject to errors, omissions, status changes, price changes, MLS restrictions, brokerage policies, and third-party data limitations.

Webstarz does not own listing data, does not verify listing accuracy, does not monitor MLS compliance, and does not guarantee the completeness, accuracy, timeliness, or legality of listing content.

16. IDX Integration

IDX integration is optional and provided by independent third-party vendors, MLS systems, brokerages, and data providers. Webstarz does not operate any MLS, control IDX data, approve IDX feeds, guarantee MLS approval, guarantee IDX continuity, or guarantee that IDX listings will display correctly at all times.

IDX services may require separate agreements, approvals, fees, brokerage authorization, MLS authorization, and compliance with IDX provider rules. Client is solely responsible for satisfying all IDX, MLS, and brokerage requirements.

Webstarz is not liable for IDX interruptions, rejected IDX approvals, MLS rule changes, delayed feeds, incomplete data, inaccurate listings, broken IDX widgets, disabled feeds, map errors, duplicate listings, missing listings, or third-party IDX failures.

17. Brokerage Marks, Logos, and Third-Party Branding

All brokerage names, logos, service marks, trademarks, MLS marks, association marks, and third-party branding remain the property of their respective owners.

Client represents and warrants that Client has proper authorization to display all brokerage logos, brokerage names, team names, MLS logos, association logos, Equal Housing logos, Realtor marks, Compass marks, Sotheby’s marks, Keller Williams marks, Coldwell Banker marks, Douglas Elliman marks, or any other third-party brand materials provided to Webstarz.

Webstarz disclaims liability for unauthorized use of third-party intellectual property supplied, requested, approved, or directed by Client.

18. Fair Housing Compliance

Client agrees to comply with all applicable federal, state, and local housing laws, including the Fair Housing Act, Equal Opportunity Act, state housing laws, local advertising laws, and brokerage advertising rules.

Client is solely responsible for ensuring that all website content, property descriptions, photos, neighborhood descriptions, testimonials, demographic references, targeting, advertising, and marketing materials comply with Fair Housing laws.

Webstarz does not provide Fair Housing legal review and assumes no responsibility for Client’s Fair Housing compliance. Client agrees to indemnify Webstarz against claims arising from Fair Housing violations or alleged violations related to Client content, listings, advertising, or website materials.

19. Accessibility Commitment

Webstarz is committed to making reasonable, good-faith efforts to provide websites that are accessible to the widest possible audience and to support commonly recognized accessibility practices, including the Web Content Accessibility Guidelines where reasonably applicable.

As part of its website development process, Webstarz may use automated accessibility scanners, accessibility checking tools, manual reviews, and reasonable testing procedures to evaluate items such as color contrast, heading structure, text readability, alternative text, keyboard navigation, link clarity, form labeling, page structure, and general usability.

Webstarz may also provide or include an Accessibility Statement on client websites where applicable. Users experiencing accessibility barriers are encouraged to contact the website owner through the contact information provided on the website so that reasonable efforts can be made to address reported issues.

Client acknowledges that accessibility standards, laws, interpretations, assistive technologies, browsers, operating systems, devices, plugins, IDX feeds, MLS data, third-party integrations, and client-added content may change over time. Webstarz cannot guarantee that any website will be fully accessible at all times or free from every accessibility issue.

Client further acknowledges that accessibility compliance is an ongoing and shared responsibility. Client is responsible for ensuring that any content, images, videos, documents, PDFs, plugins, third-party tools, IDX content, MLS content, or website changes added after launch remain accessible and compliant.

To the fullest extent permitted by law, Webstarz disclaims liability for accessibility issues arising from third-party content, client modifications, IDX or MLS integrations, external software, plugins, browser changes, assistive technology changes, or circumstances outside Webstarz’s reasonable control.

20. Search Engine Optimization Disclaimer

Webstarz may provide basic search engine optimization setup, including page titles, meta descriptions, headings, local keywords, service-area content, image alt text, URL suggestions, schema suggestions, internal linking recommendations, and general SEO-friendly website structure.

Client understands that search engine rankings, website traffic, impressions, clicks, leads, conversions, calls, form submissions, revenue, sales, commissions, and business results cannot be guaranteed.

Search engine results depend on many factors outside Webstarz’s control, including competition, search engine algorithms, domain history, content quality, backlinks, website age, market conditions, client activity, reviews, location, user behavior, technical factors, and third-party platform changes.

Webstarz makes no guarantee that Client’s website will rank on the first page of Google, appear for specific keywords, generate leads, increase traffic, produce sales, or outperform competitors.

21. Marketing and Business Results Disclaimer

Any examples, case studies, marketing statements, screenshots, revenue references, lead references, ranking references, or performance discussions are illustrative only and do not guarantee that Client will achieve similar results.

Client understands that business outcomes depend on many factors outside Webstarz’s control, including market conditions, client pricing, reputation, reviews, sales process, follow-up speed, advertising spend, competition, seasonality, economic conditions, brand strength, service quality, and customer demand.

Webstarz is not liable for lost leads, lost calls, lost customers, lost clients, lost transactions, lost commissions, lost opportunities, lost revenue, lost profits, or unsuccessful marketing outcomes.

22. AI-Assisted Content

Webstarz may use artificial intelligence tools, automation tools, templates, writing assistants, design assistants, or similar technologies to assist with website copy, layout ideas, SEO content, metadata, alt text, descriptions, code structure, or administrative production.

AI-assisted content may contain errors, omissions, outdated information, inaccuracies, duplicative language, or language requiring human review. Client is responsible for reviewing, approving, and verifying all final content before and after publication.

Webstarz does not guarantee that AI-assisted content will be legally compliant, factually perfect, original in every respect, suitable for every jurisdiction, or free from all errors.

23. Testimonials, Reviews, and Endorsements

Client is solely responsible for ensuring that all testimonials, reviews, endorsements, ratings, client quotes, star ratings, awards, sales statistics, production claims, and performance claims used on the website are truthful, accurate, authorized, current, not misleading, and compliant with applicable laws, platform rules, brokerage rules, and advertising regulations.

Webstarz may format or display testimonials supplied by Client but does not verify their authenticity, consent status, compliance, or accuracy.

24. Privacy, Data, and Forms

Websites may contain contact forms, lead forms, newsletter forms, booking forms, CRM forms, analytics scripts, tracking pixels, cookies, or other data collection tools. Client is responsible for ensuring that Client’s use of such tools complies with applicable privacy, data protection, advertising, consent, and communication laws.

Webstarz does not guarantee compliance with the California Consumer Privacy Act, California Privacy Rights Act, CAN-SPAM Act, Telephone Consumer Protection Act, GDPR, state privacy laws, cookie consent rules, or other privacy regulations unless expressly agreed in writing.

Client is responsible for maintaining appropriate privacy policies, disclosures, consent language, and data handling practices for Client’s business.

25. Data Security Disclaimer

Webstarz makes reasonable efforts to use reputable tools and platforms, but no website, platform, email system, CRM, hosting provider, form system, plugin, or internet-connected service can be guaranteed to be completely secure.

Client acknowledges that websites may be subject to hacking, malware, spam submissions, outages, unauthorized access, third-party breaches, phishing, data loss, or security vulnerabilities.

To the fullest extent permitted by law, Webstarz is not liable for security incidents, data breaches, unauthorized access, data loss, malware, spam, phishing, or cyber events caused by third-party platforms, client actions, weak passwords, reused credentials, compromised accounts, plugins, integrations, hosting providers, or circumstances outside Webstarz’s reasonable control.

26. Website Edits and Maintenance

During an active subscription, Webstarz may provide reasonable website edits and maintenance support within the scope of the subscription. Reasonable edits may include text changes, image replacements, link updates, listing updates, minor page updates, and similar administrative website changes.

Extensive redesigns, custom development, new large-scale sections, major structural changes, rush work, large content migrations, custom integrations, complex technical changes, or work outside the standard subscription scope may require additional fees or may be declined at Webstarz’s discretion.

Webstarz reserves the right to determine whether a requested change is within the scope of the subscription.

27. Revisions

Client may request reasonable revisions prior to launch or during an active subscription. Webstarz will make good-faith efforts to accommodate reasonable revision requests.

Webstarz is not obligated to perform unlimited revisions, redesign an entire website repeatedly, recreate work due to changing preferences, or complete requests that are unreasonable, unlawful, outside scope, technically impractical, or dependent on third-party limitations.

Client’s delay in providing revision feedback may delay delivery, launch, or updates.

28. Suspension and Termination

Webstarz may suspend or terminate services immediately if Client fails to pay, initiates an improper chargeback, violates these Terms, provides unlawful content, misuses services, abuses staff, infringes intellectual property, creates legal risk, requests unlawful work, or engages in conduct that Webstarz reasonably believes may harm Webstarz, third parties, or platform providers.

Upon suspension or termination, website access may be restricted, services may be paused, and Client’s limited license to use Webstarz-created website materials may end.

Termination does not relieve Client of any payment obligations incurred before termination.

29. Non-Payment

If payment fails, is reversed, is disputed, or remains unpaid, Webstarz may suspend website services, remove website access, pause edits, disable forms, disconnect integrations, restrict support, or terminate the subscription.

Webstarz is not liable for business interruption, lost leads, lost sales, ranking changes, website downtime, or other consequences resulting from non-payment suspension.

30. Taxes and Fees

Client is responsible for all applicable taxes, sales taxes, use taxes, transaction fees, payment processing fees, domain fees, platform fees, third-party service fees, and governmental charges associated with services unless otherwise stated in writing.

Webstarz may collect or pass through applicable taxes where required.

31. Prohibited Uses

Client may not use Webstarz services to publish unlawful, discriminatory, deceptive, infringing, defamatory, harassing, abusive, obscene, fraudulent, harmful, malicious, or misleading content.

Client may not use Webstarz services to impersonate others, violate Fair Housing laws, infringe copyrights or trademarks, misrepresent listings, mislead consumers, transmit malware, scrape data unlawfully, send spam, violate privacy laws, or engage in fraudulent activity.

Webstarz may refuse, remove, or disable any content or service request that it reasonably believes violates these Terms or creates legal, regulatory, security, reputational, or operational risk.

32. Disclaimers of Warranties

Services are provided “AS IS” and “AS AVAILABLE” to the fullest extent permitted by law.

Webstarz disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted service, error-free operation, accessibility perfection, SEO performance, lead generation, uptime, compatibility, security, or business results.

Webstarz does not warrant that websites will be free of errors, omissions, downtime, broken links, accessibility barriers, security vulnerabilities, ranking drops, browser issues, platform limitations, or third-party failures.

33. Limitation of Liability

To the fullest extent permitted by law, Webstarz shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including but not limited to lost profits, lost commissions, lost leads, lost clients, lost transactions, lost sales, lost business opportunities, loss of goodwill, loss of data, business interruption, website downtime, search ranking changes, or reputational harm.

To the fullest extent permitted by law, Webstarz’s total aggregate liability for any claim shall not exceed the total subscription fees paid by Client to Webstarz during the three months immediately preceding the event giving rise to the claim.

This limitation applies regardless of the legal theory, including contract, tort, negligence, strict liability, warranty, statute, or otherwise.

34. Indemnification

Client agrees to indemnify, defend, and hold harmless Webstarz LLC and its owners, members, managers, employees, contractors, agents, vendors, successors, and assigns from and against any claims, demands, damages, liabilities, losses, judgments, penalties, fines, costs, and expenses, including reasonable attorney fees, arising out of or related to Client content, listings, MLS violations, IDX violations, brokerage disputes, copyright claims, trademark claims, Fair Housing claims, accessibility claims caused by client or third-party content, privacy claims, advertising claims, regulatory violations, unauthorized materials, inaccurate information, client modifications, misuse of services, non-payment, chargebacks, or breach of these Terms.

Webstarz reserves the right to assume control of the defense of any matter subject to indemnification, and Client agrees to cooperate with Webstarz’s defense.

35. Informal Dispute Resolution

Before initiating arbitration, litigation, chargeback, or any formal dispute process, Client agrees to provide written notice describing the dispute in reasonable detail and allow Webstarz at least thirty days to attempt to resolve the matter informally.

Notices must be sent to Webstarz using the contact information listed in these Terms. This informal resolution requirement does not prevent Webstarz from seeking immediate relief for non-payment, intellectual property misuse, unlawful content, or threats to its business or systems.

36. Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms, services, billing, websites, or the relationship between Client and Webstarz shall be resolved exclusively by binding arbitration in the State of California, unless prohibited by applicable law.

Client waives the right to a jury trial and the right to participate in a class action, class arbitration, representative action, private attorney general action, or consolidated proceeding to the fullest extent permitted by law.

Arbitration shall be conducted under the rules of the American Arbitration Association unless the parties agree otherwise. Each party shall bear its own attorney fees and costs unless otherwise awarded by the arbitrator or permitted by law.

37. Governing Law and Venue

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

To the extent any claim is not subject to arbitration, the parties agree that such claim shall be brought in the state or federal courts located in California, and the parties consent to personal jurisdiction and venue in such courts.

38. Attorney Fees and Collection Costs

If Webstarz is required to enforce these Terms, collect unpaid amounts, respond to improper chargebacks, defend against claims arising from Client content, or pursue remedies for breach, Webstarz may recover reasonable attorney fees, collection costs, administrative fees, court costs, arbitration fees, and related expenses to the fullest extent permitted by law.

39. Force Majeure

Webstarz shall not be liable for any delay, failure, interruption, or inability to perform caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, internet outages, hosting failures, platform outages, cyberattacks, malware, third-party service failures, labor disputes, government actions, war, terrorism, civil unrest, power outages, payment processor failures, domain registrar failures, MLS or IDX outages, or other circumstances outside Webstarz’s reasonable control.

40. Changes to Services and Terms

Webstarz may modify, update, discontinue, or change services, features, processes, pricing, support scope, third-party tools, or these Terms from time to time.

Updated Terms may be posted on Webstarz’s website or otherwise provided to Client. Continued use of services after updated Terms are posted or provided constitutes acceptance of the updated Terms.

41. Assignment

Client may not assign or transfer any rights or obligations under these Terms without Webstarz’s prior written consent.

Webstarz may assign or transfer these Terms in connection with a merger, acquisition, sale of assets, restructuring, change of control, or business transfer.

42. Independent Contractor Relationship

Webstarz is an independent contractor and not an employee, agent, broker, partner, joint venturer, fiduciary, legal representative, or real estate representative of Client.

Nothing in these Terms creates a partnership, joint venture, employment relationship, brokerage relationship, agency relationship, or fiduciary relationship between the parties.

43. Severability

If any provision of these Terms is found invalid, unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent as closely as possible.

44. No Waiver

No failure or delay by Webstarz in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver of that right. A waiver must be in writing and signed by Webstarz to be effective.

45. Survival

Sections relating to payment obligations, website ownership, intellectual property, license termination, client content, MLS and IDX responsibility, Fair Housing, accessibility, privacy, disclaimers, limitation of liability, indemnification, arbitration, class action waiver, governing law, attorney fees, collection costs, and any other provisions that by their nature should survive shall survive cancellation, suspension, termination, or expiration of services.

46. Entire Agreement

These Terms, together with any invoice, subscription authorization, written proposal, or separately signed agreement, constitute the entire agreement between Client and Webstarz regarding the services and supersede all prior or contemporaneous communications, discussions, representations, understandings, proposals, or agreements, whether oral or written.

Client acknowledges that Client has not relied on any representation, guarantee, promise, statement, or assurance not expressly stated in these Terms or a separate written agreement signed by Webstarz.

47. Contact Information

Questions about these Terms may be directed to Webstarz LLC using the contact information below.

Webstarz LLC
Email: brandon@webstarz.co
Phone: (949) 629-5580