1. Acceptance of Terms
By accessing or using philliphimes.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Phillip Himes, a licensed Texas REALTOR® operating under EXP Realty ("I," "me," or "my").
2. Description of Services
The Site provides general information about real estate services, property listings, market data, and tools related to buying, selling, and evaluating real estate in the greater Houston, Texas area. Services available through or referenced on the Site include:
- Real estate buyer and seller representation
- Property search and listing information via IDX (Internet Data Exchange)
- Home valuation estimates (TruMarket™)
- Life-stage planning tools (Primequity™ suite)
- New construction research (NewBuildIQ™)
- Market analysis and neighborhood information
- Communication via phone, email, and text message
3. Eligibility
You must be at least 18 years of age to use the Site and to enter into a real estate transaction. By using the Site, you represent and warrant that you are at least 18 years old.
4. SMS / Text Message Terms
4.1 Consent
By submitting a form on the Site and checking the SMS opt-in checkbox, you expressly consent to receive text messages (SMS/MMS) from Phillip Himes at the mobile number you provided. Consent to receive text messages is not a condition of purchasing any property, service, or engaging in any real estate transaction.
4.2 Message Types
Text messages may include:
- Responses to your submitted inquiries
- Property updates and listing alerts
- Appointment reminders and confirmations
- Market updates and real estate information
- Promotional communications (only with your express consent)
4.3 Message Frequency and Rates
Message frequency varies. You may receive up to 10 messages per month. Message and data rates may apply. Contact your wireless carrier for details.
4.4 Opting Out
You may opt out of text messages at any time by replying STOP to any message, or by contacting me at phil@philliphimes.com. After opting out, you will receive one final confirmation text. No additional messages will be sent unless you re-subscribe.
4.5 Help
Reply HELP for assistance, or contact phil@philliphimes.com or (832) 536-1016.
5. Property Listings and IDX Data
Property listing information on this Site may be provided through IDX (Internet Data Exchange) from the Houston Association of REALTORS® (HAR) MLS. This information is believed to be accurate but is not guaranteed. All data is subject to change. Listings may not reflect all properties available in the MLS.
Listing information is for personal, non-commercial use only. You may not reproduce, redistribute, or use listing data for any commercial purpose without express written consent.
6. Home Valuation Information
TruMarket™ home value estimates and any other home valuation information provided on the Site are estimates only and should not be construed as appraisals or formal valuations. Actual market value may vary. I strongly recommend obtaining a professional appraisal for any financial or legal purposes.
7. No Real Estate Agency Relationship
Use of the Site or submission of a contact form does not create an agency relationship between you and Phillip Himes or EXP Realty. An agency relationship is only established through a signed written representation agreement.
8. Not Financial or Legal Advice
Information provided on this Site is for informational purposes only and does not constitute financial, legal, or investment advice. Please consult qualified professionals (attorneys, financial advisors, lenders) for advice specific to your situation.
9. User Conduct
You agree not to:
- Use the Site for any unlawful purpose
- Attempt to gain unauthorized access to any part of the Site
- Transmit spam, viruses, or harmful code
- Reproduce or distribute Site content without permission
- Misrepresent yourself or provide false information
- Use automated tools to scrape or harvest data from the Site
10. Intellectual Property
All content on the Site — including text, graphics, logos, trademarks (including Primequity™, TruMarket™, Rebalance™, Amplify™, Renew™, and NewBuildIQ™), and software — is the property of Phillip Himes or its licensors and is protected by applicable intellectual property laws. You may not use any content without written permission.
11. Third-Party Links and Services
The Site may contain links to third-party websites or services. I do not control and am not responsible for the content, policies, or practices of any third-party sites. Links do not constitute endorsement.
12. Disclaimer of Warranties
THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. I DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHILLIP HIMES AND EXP REALTY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES. TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ME IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS LESS.
14. Indemnification
You agree to indemnify and hold harmless Phillip Himes and EXP Realty from any claims, damages, or expenses arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.
15. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law provisions. Any disputes shall be resolved in the courts of Galveston County, Texas, or the United States District Court for the Southern District of Texas.
16. Changes to These Terms
I may update these Terms at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. Continued use of the Site after changes constitutes acceptance.
17. Contact
For questions about these Terms, contact:
- Name: Phillip Himes
- Brokerage: EXP Realty
- Email: phil@philliphimes.com
- Phone: (832) 536-1016
- Website: philliphimes.com
- Location: League City, TX