ForSaleByOwner.com provides this internet web site and
access to the sellers of homes listed on this internet web site (collectively,
the “Services”) under the following terms and conditions of service and use
(the “Terms”). Please read them carefully. You understand, agree and
acknowledge that your use of the Services provided to you are
exclusively governed by these Terms which cannot be modified by you. By
accessing and using the Services, you agree that you have read and understand
the Terms and that you agree to be bound by them, without limitation or
qualification and that no signatures are required to implement the Terms. As
used on this Web site, the terms “we”, “us”, or “our” refer to ForSaleByOwner.com.
“You” refers to all users of the web site. “Sellers” refers to users who list
their properties for sale on the web site.
1.
ADDITIONAL
TERMS; MODIFICATIONS TO THE TERMS
ForSaleByOwner.com may change the Terms from time to time without prior
notification to you. Each time you access the web site you will be governed by
the Terms then in effect. If you object to any such changes, your sole recourse
shall be to cease using the Services. Continued use of the Services following
any such changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes, without
limitation or qualification. In addition, when using particular portions of the
Services, you may be governed by additional terms which will appear when
accessing such Services. All such additional terms are herein incorporated by
reference. In the event of a conflict between such additional terms and these
Terms, such additional terms shall govern when you access such Services.
2.
MODIFICATIONS
TO THE SERVICES
We reserve the right to modify or discontinue
(temporarily or permanently) the Services (or any part thereof) with or without
notice to you. We shall not be liable to you or any third party if we exercise
our right to modify or discontinue the Services. If you object to any such
changes, your sole recourse shall be to cease using the Services. Continued use
of the Services following notice of any such changes shall indicate your
acknowledgement of such changes and satisfaction with the Services as so
modified.
3.
PRIVACY
As part of the registration process, you may be asked to provide certain
personal information to us. All uses of such personal information will be in
accordance with the provisions of our Privacy
Policy.
4.
YOUR
RESPONSIBILITIES
In providing us with information during the registration
process, you agree to provide true, accurate, current and complete information
as prompted and to maintain and update such information to keep it true,
accurate, current and complete at all times. If any information you provide is
untrue, inaccurate, not current or incomplete, or if we reasonably believe so,
we may suspend or terminate your access to and use of the Services, and refuse
to provide any current or future Services to you. You acknowledge
that you are over 18 years of age or otherwise are of legal age to form a
binding contract. You are responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use
of the Services and all charges related thereto. You agree not to use the Services
to do any of the following:
4.1.1.
violate
any local, state, national or international law;
4.1.2.
stalk,
harass or harm another individual or communicate with such individual after
being advised to cease any such communications;
4.1.3.
collect,
harvest or store personal data about other users including email addresses or
contact Sellers for any purpose other than responding to the content posted by
such Sellers;
4.1.4.
impersonate
any person or entity, or otherwise misrepresent your affiliation with a person
or entity;
4.1.5.
interfere
with or disrupt the Services or servers or networks connected to the ForSaleByOwner.com
Web site or the other Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the ForSaleByOwner.com
web site; and
4.1.6.
upload,
submit, post, store or transmit any (a) content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic,
or ethnically or otherwise objectionable; (b) content that you do not have a
right to transmit under any law or under contractual or fiduciary
relationships; (c) content that infringes the intellectual property rights of a
third party; or (d) material that contains software viruses or any other
computer code, files or programs, for example, worms, Trojan horses,
cancelbots, time bombs and the like, designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; (d) unsolicited advertising
material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the
like; (e) surveys that have not been approved or cleared by us;or (f) contests
or games of chance.
5.
THIRD
PARTY CONTENT AND MONITORING
We are a distributor (and not a publisher) of Content
supplied by third parties and users of the Services. Accordingly, we have no
editorial control over such Content. Any opinions, advice, statements,
services, offers, or other information or Content expressed or made available
by third parties, including information provided by other users of the
Services, are those of the respective author(s) or distributor(s) of that
information and not of ForSaleByOwner.com. We neither endorse nor are
responsible for the accuracy or reliability of any opinion, advice,
information, or statement made on the ForSaleByOwner.com Web site by
such parties. By posting, inputting or otherwise submitting information to our
web site, you are representing you are the rightful owner of such information
and are granting us the right, license and privilege to use such information or
data in any way we deem appropriate. We have the right, but not the obligation,
to monitor and review the Content on the ForSaleByOwner.com Web site and
provided through use of the Services and your account to determine compliance
with these Terms and any other operating rules established by us, to satisfy
any law, regulation or authorized government request, or for other purposes.
You understand and acknowledge that we do not pre-screen or monitor Content for
accuracy or reliability, but that we and our designees shall have the right
(but not the obligation) in our sole discretion to remove any Content from the
Services, without liability to you for any reason. Without limiting the
foregoing, we and our designees shall have the right to remove any Content that
violates the Terms, that we believe may create
liability for us, or that we deem otherwise objectionable.
6.
DEALINGS
WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with, participation in promotions of,
or purchase of goods and/or services from our partners, advertisers or sponsors
found on or through the Services, and any terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT ForSaleByOwner.com
SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED
AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH
PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH THE SERVICES.
7.
EXTERNAL
LINKS
Our provision of a link to any other Web site or location is for your
convenience and does not signify our endorsement of such other Web site or
location or its contents. Any concerns you may have regarding any external link
should be directed to that link’s Web site administrator or webmaster. ForSaleByOwner.com
SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER
WEB SITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH
INFORMATION.
8.
NO
SPAM
We do not condone or allow spam. We prohibit you from
using the Services to promote your own Web site or any business, product or
service through the sending of unsolicited email. We reserve the right to
investigate and terminate your rights under this Agreement. You agree that the
sole purpose of your accessing the email address of a Seller,
is to determine whether or not to submit a bid to purchase such Seller’s home.
9.
NO
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the Services, use
of the Services or access to the Services. The Services are provided for your
personal, noncommercial use only.
10. TERMINATION
You agree that we, in our sole discretion, may terminate your password, account
(or any part thereof) or access to and use of the Services, and remove and
discard any information posted by you on or through the Services, for any
reason or no reason, with or without notice and effective immediately,
including, without limitation, if we believe that you have violated or acted
inconsistently with the letter or spirit of the Terms. You acknowledge and
agree that we may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such
files or the Services. You agree that we may terminate your account if it
remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE SHALL
NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO
THE SERVICES. You may discontinue your participation in and access to the
Services at any time.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES.
WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION,
PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET
YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE ForSaleByOwner.com
WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR INFORMATION.
WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED
BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO
THROUGH OR AS THE RESULT OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ForSaleByOwner.com
OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW, IN NO EVENT WILL ForSaleByOwner.com OR ITS OFFICERS, EMPLOYEES, DIRECTORS,
SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE
ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT OF OR IN ANY WAY RELATED TO:
12.1.the use or the inability to use the
Services;
12.2.the cost of procurement of
substitute goods and services resulting from any goods, data, information or
services purchased or obtained or transactions entered into through or from the
Services;
12.3.unauthorized access to or alteration
of your transmissions or data;
12.4.statements or conduct of any third
party on or through the Services, including threatening, defamatory, obscene,
offensive or illegal conduct or any infringement of another’s rights, including
intellectual property rights;
12.5.your failure to adequately safeguard
your password or access to the Services;
12.6.any Content you access through the
services, including, but not limited to, for any errors or omissions in any
Content, or your use of or reliance on any Content posted, emailed or otherwise
transmitted through the Services;
12.7.termination of your access to or use
of the Services as provided herein;
12.8.the deletion or failure to store any
information or data, communications or Content maintained or transmitted by or
through the Services;
12.9.any modification, suspension or
discontinuance of the Services (or any part thereof) or these terms;
12.10.
use
of or reliance on any Content, goods or services available on any other Web
sites that you access through the Services; and
12.11.
any other matter relating to the Services or these Terms.
13. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations and disclaimers may not apply to
you. To the extent that we may not, as a matter of applicable law, disclaim any
implied warranty or limit its liabilities, the scope and duration of such
warranty and the extent of our liability shall be the minimum permitted under
such applicable law.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless ForSaleByOwner.com, its
parents, subsidiaries, affiliates, officers, directors, co-branders or other
partners, employees, consultants and agents from and against any and all
third-party claims, liabilities, damages, losses, costs, expenses, fees
(including reasonable attorneys’ fees) that such parties may incur as a result
of or arising from (1) any information or Content (as defined below) that you
(or anyone using your account) submits, posts or transmits through the
Services, (2) your (or anyone using your account’s) use of the Services, (3)
your (or anyone using your account’s) violation of these Terms, (4) your (or
anyone using your account’s) violation of any rights of any other person or
entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or
other similar harmful or deleterious programming routines input by you into the
ForSaleByOwner.com Web site or other Services.
15. TRADEMARKS
Certain of the names, logos, and other materials displayed on the ForSaleByOwner.com
Web site and in and through the Services constitute trademarks, trade names,
service marks or logos (“Marks”) of ForSaleByOwner.com or other entities.
You are not authorized to use any such Marks. Ownership of all such Marks and
the goodwill associated therewith remains with us or those other entities.
16. COPYRIGHTS;
RESTRICTIONS ON USE
The content of the Services, including without limitation, text, software,
music, sound, photos, graphics, video, page layout and design and other
material contained in the Services or information presented through the
Services by ForSaleByOwner.com or its licensors (the “Content”), is
copyrighted by ForSaleByOwner.com and/or its licensors under United
States and international copyright laws, is subject to other intellectual
property and proprietary rights and laws, including trademark and patent laws,
and is owned by ForSaleByOwner.com or its licensors. The Content may not
be copied, modified, reproduced, republished, uploaded, posted, transmitted,
sold, offered for sale, or redistributed in any way without the prior written
permission of ForSaleByOwner.com and our applicable licensors. You must
abide by all copyright notices, information, or restrictions contained in or
attached to any Content. You acknowledge and agree that the Service and any
necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by ForSaleByOwner.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part. ForSaleByOwner.com grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by ForSaleByOwner.com for use in accessing the Service.
17. LICENSE
You hereby grant to ForSaleByOwner.com and its successors and assigns, a
worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any
media now known or currently known, to exercise all copyright and other
intellectual property rights with respect the Content you provide to us to be
published on the ForSaleByOwner.com Web site or on or through the
Services or otherwise through the Services, to use, distribute, display, reproduce,
modify and create derivative works from such material, in any and all media, in
any manner, in whole or in part, without any duty to account to you. The
foregoing does not apply to Content contained on hyper linked pages or any
other Content you do not submit to us.
18. MISCELLANEOUS
The Terms constitute the entire and exclusive and final statement of the
agreement between you and ForSaleByOwner.com with respect to the subject
matter hereof, and govern your use of the Services, superseding any prior
agreements or negotiations between you and ForSaleByOwner.com with
respect to the subject matter hereof. The Terms and the relationship between
you and ForSaleByOwner.com shall be governed by the laws of the State of
19. VIOLATIONS
Please report any violations of the Terms to us at support@forsalebyowner.com.
