Last modified: July 15, 2026
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN AGREEMENT TO ARBITRATE DISPUTES AND A WAIVER OF CLASS ACTIONS (SECTION: “DISPUTE RESOLUTION; ARBITRATION AGREEMENT”). YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN THAT SECTION.
These Terms of Service (“Terms”) apply to your access to and use of the website located at hiday.net, together with any related mobile sites and online offerings that link to these Terms (collectively, the “Website”). The Website is owned and operated by Hiday LLC (“Hiday,” “we,” “us,” or “our”).
By accessing or using the Website, you agree to these Terms and to any terms incorporated by reference. If you do not agree to these Terms, do not use the Website.
We may change these Terms from time to time. If we make changes, we will update the date above. Unless we state otherwise, amended Terms are effective immediately, and your continued use of the Website after we post them confirms your acceptance. If you do not agree to the amended Terms, you must stop using the Website.
Questions about these Terms may be directed to:
Hiday LLC
8222 Douglas Avenue, Suite 900
Dallas, Texas 75235
Who We Are; Important Notice About Real Estate Services
Hiday LLC is not a real estate brokerage and does not provide real estate brokerage services. Hiday LLC is a Texas limited liability company that owns and operates this Website. Hiday LLC is registered with the Texas Real Estate Commission (“TREC”) solely as a business entity authorized to receive compensation on behalf of a license holder. That registration does not authorize Hiday LLC to engage in brokerage activity of any kind.
All real estate brokerage services described or advertised on this Website are provided by:
James Hairston, Texas Sales Agent, License No. 812920
sponsored by
HEI Brokerage, LLC, Texas Broker, License No. 9014177
Any property listings, property advertising, and real estate services referenced on this Website are offered by James Hairston through HEI Brokerage, LLC. Communications regarding real estate services, property listings, or brokerage matters should be directed to James Hairston at HEI Brokerage, LLC.
Privacy
For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy, available on the Website.
Ownership; Limited License
The Website, including its text, graphics, images, photographs, videos, illustrations, page layouts, and other content, is owned by Hiday LLC or our licensors and is protected under United States and foreign law. Except as expressly stated in these Terms, all rights in and to the Website are reserved.
Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Website for your own personal, noncommercial use. Any use of the Website other than as specifically authorized here, without our prior written permission, is strictly prohibited, will terminate this license, and may violate our intellectual property rights.
Real Estate Listings
The Website may display property listings, pricing, square footage, photographs, and other property-related information (collectively, “Listing Information”) obtained from multiple listing services, public records, sellers, landlords, or other third-party sources. Listing Information is believed to be reliable but is not guaranteed, and may contain errors or omissions or be subject to change, prior sale, lease, withdrawal, or correction without notice.
You should independently verify all Listing Information — including price, availability, square footage, and property condition — before relying on it.
Fair Housing
James Hairston and HEI Brokerage, LLC are committed to compliance with the federal Fair Housing Act and applicable Texas fair housing laws. We do not discriminate, and will not assist others in discriminating, on the basis of race, color, religion, sex, national origin, familial status, or disability, or any other characteristic protected under federal, state, or local law, in the sale, rental, financing, or advertising of housing.
TREC Notices; No Brokerage Relationship
As required by TREC, the Information About Brokerage Services (“IABS”) notice and the TREC Consumer Protection Notice are available through links on this Website. These notices reflect the brokerage relationships available under Texas law and identify HEI Brokerage, LLC as the sponsoring broker.
Nothing on this Website creates a brokerage relationship. No brokerage, agency, or fiduciary relationship is created with James Hairston or HEI Brokerage, LLC unless and until a written agreement is executed in accordance with Texas law.
Brokerage fees and commissions referenced on or through this Website are not set by law and are fully negotiable.
This Website is advertising. It does not constitute legal, financial, or tax advice.
Trademarks
“Hiday,” our logos, our product or service names, our slogans, and the look and feel of the Website are marks of Hiday LLC and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners, including HEI Brokerage, LLC and its affiliates. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
Prohibited Conduct
You agree not to:
Submissions and Inquiries
The Website provides contact and inquiry forms. When you submit an inquiry, you agree that the information you provide is accurate and that you have the right to provide it. Inquiries submitted through the Website will be handled in accordance with our Privacy Policy.
Do not submit confidential, sensitive, or proprietary information through the Website’s forms. Information submitted through a web form is not confidential and does not create a brokerage, agency, or fiduciary relationship.
Feedback
You may voluntarily submit questions, comments, suggestions, ideas, or other information about us or the Website (collectively, “Feedback”). We may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. We may treat Feedback as nonconfidential.
Copyright Complaints; Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the access of users who repeatedly infringe the intellectual property rights of others.
If you believe that content on the Website infringes a copyright you own or control, you may notify our designated agent:
Hiday LLC
Attn: DMCA Agent
8222 Douglas Avenue, Suite 900
Dallas, Texas 75235
Note regarding listing content: Photographs and listing content displayed through the IDX feed originate with NTREIS participants and third parties. Notices concerning IDX listing content may be forwarded to HEI Brokerage, LLC or to NTREIS for handling.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent that material on the Website is infringing, you may be liable for certain costs and damages.
Third-Party Content, Products, and Websites
The Website may reference or link to third-party organizations, events, products, services, or content (collectively, “Third-Party Content”). Your dealings with third parties and your use of Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of it is at your own risk.
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Hiday LLC and its members, managers, officers, employees, contractors, service providers, and consultants (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your Feedback or inquiries submitted through the Website; (b) your violation of these Terms; (c) your violation, misappropriation, or infringement of the rights of another, including intellectual property or privacy rights; or (d) your misconduct in connection with the Website.
You agree to promptly notify the Indemnified Parties of any third-party Claims, to cooperate in defending such Claims, and to pay all fees, costs, and expenses associated with defending them, including reasonable attorneys’ fees. The Indemnified Parties will have control of the defense or settlement, at their sole option, of any third-party Claims.
Disclaimers
Your use of the Website is at your sole risk. Except as otherwise provided in writing by us, the Website and its content are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not represent or warrant that the Website is accurate, complete, reliable, current, or error-free. While we attempt to make your use of the Website safe, we cannot and do not represent or warrant that the Website or its servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Website.
Limitation of Liability
This section applies only to claims arising out of your access to or use of the Website. It does not apply to, and does not limit, any duty or liability arising from a real estate brokerage or agency relationship, which is governed by separate written agreement and by Texas law.
To the fullest extent permitted by applicable law, Hiday LLC and its members, managers, officers, employees, contractors, service providers, and consultants (collectively, the “Hiday Parties”) will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits, arising out of or relating to your access to or use of the Website, even if advised of the possibility of such damages.
The total liability of the Hiday Parties for any claim arising out of or relating to these Terms or your access to or use of the Website, regardless of the form of action, is limited to one hundred dollars ($100.00) as liquidated damages and not as a penalty.
This section survives termination of these Terms.
Dispute Resolution; Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Scope
This section applies to any dispute, claim, or controversy between you and Hiday LLC arising out of or relating to these Terms or your access to or use of the Website (“Dispute”).
This section does not apply to any dispute arising out of a real estate brokerage or agency relationship, a listing agreement, a buyer representation agreement, a purchase or lease contract, or any TREC-promulgated form. Those disputes are governed by the dispute resolution provisions of the applicable agreement and by Texas law.
Informal Resolution
Before initiating arbitration, you agree to first contact us at james@hiday.net and attempt in good faith to resolve the Dispute informally for a period of at least thirty (30) days.
Agreement to Arbitrate
If the Dispute is not resolved informally, you and Hiday LLC agree that the Dispute will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court. The arbitrator’s decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
The Federal Arbitration Act governs the interpretation and enforcement of this section.
Small Claims Exception
Either party may bring an individual claim in small claims court in Dallas County, Texas, if the claim qualifies for that court’s jurisdiction. This exception applies instead of arbitration for qualifying claims.
Class Action Waiver
YOU AND HIDAY LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.
If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief will proceed in court and be severed from arbitration, and the remainder of this section will remain in effect.
30-Day Right to Opt Out
You may opt out of this arbitration agreement. To do so, send written notice within thirty (30) days of the date you first accept these Terms to:
Hiday LLC
Attn: Arbitration Opt-Out
8222 Douglas Avenue, Suite 900
Dallas, Texas 75235
or by email to james@hiday.net with the subject line “Arbitration Opt-Out.”
Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither the agreement to arbitrate nor the class action waiver will apply to you, and Disputes will be resolved in the courts identified below. Opting out has no other effect on your relationship with us.
Jury Trial Waiver
Except for claims brought in small claims court, and unless you opt out as described above, you and Hiday LLC waive any right to a jury trial with respect to any Dispute.
Governing Law and Venue
These Terms and any Dispute arising from them or from your use of the Website are governed by and construed in accordance with the laws of the State of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles.
Subject to the arbitration provisions above, any Dispute that proceeds in court will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction and venue of those courts and waive any objection that they are an inconvenient forum.
Modifying and Terminating the Website
We reserve the right to modify the Website or to suspend or stop providing all or portions of it at any time. You may stop using the Website at any time. We are not responsible for any loss or harm related to your inability to access or use the Website.
Children
The Website is intended for use by adults and is not directed to children under 13. We do not knowingly collect personal information from children under 13. See our Privacy Policy.
Severability
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of the remaining provisions.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver. Section titles are for convenience only and have no legal or contractual effect. These Terms are intended for the benefit of the parties and the Indemnified Parties identified above, and are not intended to confer third-party beneficiary rights on any other person or entity. You agree that communications and transactions between us may be conducted electronically.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Hiday LLC regarding your use of the Website.
