TERMS OF SERVICE
Welcome to ForSaleByOwner.com. This website is owned by ForSaleByOwner.com, LLC, and provides real estate advertising services to people (not businesses) (“Services”) who want to buy or sell their own home without using a real estate agent or broker. ForSaleByOwner.com, LLC, is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE AND SERVICES PROVIDED BY FORSALEBYOWNER.COM, LLC (“we”, “us” or “our”).
2. Our Site has three types of users – people who are browsing casually, people who are browsing more seriously and would like to use more of our Site’s features, and people who are selling their home by listing it on our Site (“Sellers”). These Terms are divided into 4 sections. Sections I and IV are for everyone. Section II is for people who register for an account, including Sellers. Section III is for Sellers only.
SECTION I: TERMS THAT APPLY TO EVERYONE WHO USES THIS SITE
3. Personal Use Only. You agree and acknowledge that your use of the Services is for personal, non-commercial purposes only. That is, you are using the Services to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on the Site, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own.
4. Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with the Site (with the exception of User Content as defined below), including, for example, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by ForSaleByOwner.com, LLC, and/or its licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a website and wish to link to the Site, you may do so provided you agree to stop such link upon request from us. No other use is permitted without our prior written permission. The permitted use described in this section is contingent on your compliance at all times with these Terms.
You may not republish any portion of the Content on any Internet, Intranet, extranet site or any other publication, or incorporate the Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms should be directed to support@ForSaleByOwner.com. In certain cases, you may be able share listings that appear on the Site through online functionality we have specifically designated (e.g., to e-mail a link to a friend).
5. User-Provided Information and Content.
A. Representations and Warranties. By providing information to, communicating with, and/or placing material on the Site, including for example communication during registration, posting any listing or other content (including without limitation written, graphical or video content), or submitting any other text or image, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms; (3) the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your own legal name is prohibited.
B. License. For all such information and material, you grant ForSaleByOwner.com, LLC, its affiliates and related entities (including Tribune Publishing Company affiliates, as well as all third-party affiliates and partners) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all Tribune Publishing Company affiliated websites, to include the information in a searchable format accessible by users of the Site, other ForSaleByOwner.com websites, as well as third-party websites, and to use your name and any other information in connection with its use of the material you provide. You also grant ForSaleByOwner.com, LLC, the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
C. Unsolicited Submissions. Please note ForSaleByOwner.com, LLC, does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ForSaleByOwner.com, LLC, and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
6. Use of E-mail System. By using our e-mail system to contact ForSaleByOwner.com Sellers, you are agreeing to these Terms. You agree to use the e-mail system only to contact Sellers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on the Site. In no event may you contact any user of ForSaleByOwner.com using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind.
7. The Terms at Section IV below also apply to all Site users.
SECTION II: TERMS THAT APPLY ONLY TO ACCOUNT HOLDERS
8. Access and Registration. You will have to open an account (“Account”) to list your home for sale on the Site (you are a “Seller”) or if you would like to browse homes for sale and use certain functionalities of the Site (“Buyer”). Everyone who opens an Account is a “Customer.” By opening an Account, you accept responsibility for all activities that occur under your Account. Your Account is not transferrable, and use is limited to one household per Account. You are responsible for maintaining the confidentiality of your user name and password. If you believe someone has accessed the Site using your user name and password without your authorization, e-mail us immediately at the address listed below. You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. As a Customer, you agree to provide us accurate and complete information, and to maintain it so that it is accurate and complete at all times. If any information you provide is inaccurate or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services.
9. Consent to Send You E-mail. From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by us, selected advertisers, affiliates, and related companies. By creating an account, you expressly consent and opt in to receiving commercial email from ForSaleByOwner.com, LLC, its affiliates, and third party advertisers.
10. Use and Storage Guidelines. You understand, acknowledge, and agree that we may establish general practices and/or limits concerning the use of the Services, including without limitation the maximum number of days that information provided by you or account history and related data may be retained as part of the Services or maximum numbers of times or the maximum duration for which you may access the Services in a given period of time.
11. The Terms at Section IV below also apply to all Site users, including Buyers and Sellers.
SECTION III: TERMS THAT APPLY ONLY TO SELLERS
12. Listing Your Home. You attest that you are over 18 years of age or otherwise are of legal age to form a binding contract. Sellers are assigned a listing number that operates as a user name. Other than providing links to virtual tours of your home, you may not include a link to any website in your listing.
13. Our Services to Sellers. All Services are subject to availability and prices may vary.
A. Standard Plan. In exchange for a monthly subscription fee, we will advertise your home on our Site using information provided by you. As a Standard Plan Seller, you are responsible for paying Standard subscription fees. We will bill your credit card automatically every 30 days from the date you placed the ad listing your home for sale (the “Renewal Date”) until you cancel your listing. You can cancel your listing (i) on our Site, (ii) by e-mail to support@ForSaleByOwner.com or (iii) by phone at 1-888-FOR-SALE (367-7253). To avoid the next charge to your credit card, you must cancel at least one (1) business day prior to your Renewal Date. Your listing will not have been canceled until you receive a confirmation from us, either via email or telephone. At any time, you can upgrade your Standard Plan to include the MLS Enhanced Listing Service described below at Paragraph C at any time, and/or the Realtor.com Listing Service described below at Paragraph F. To avoid the next charge to your credit card, you must cancel at least one (1) business day prior to your Renewal Date.
B. Deluxe Plan. In exchange for a one-time fee, you as a Deluxe Plan Seller will be entitled to maintain your listing on our Site until your home is sold. Your listing may include a virtual slide show, and may be included in our Featured Home rotation for 30 days and the Home Page Featured Home rotation for 14 days. The Featured Home service automatically activates when purchased but will not be shown on the homepage until a photo has been uploaded in your “Selling Center”. You can also upload a video (see Paragraph D below for details) and access our toll-free consulting line. The Deluxe Plan also allows you to have your listing on Realtor.com for six months (see Paragraph F for details), provided that you supply a minimum of one photo of the exterior of the property and correctly complete the required forms. We will send you one yard sign, directional sign, brochure box and two heavy-duty steel sign stands, as well as access to the Home Selling Workbook. We will submit your listing information to other, third-party websites for inclusion on those websites. See Paragraph G for details. The Local Featured Home and Home Page Featured Home will rotate your property through the top section of the local search results page and home page, respectively, of the Site at various times for 30 and 14 days, respectively. Because your property rotates with other homes, the picture of your property will not be viewable all of the time. You are responsible for periodically extending the listing if desired, notifying us of the sale of the property, and then removing the listing from the Site. You can upgrade your Deluxe Plan to include the MLS Enhanced Listing Service described below at Paragraph C at any time.
C. MLS Enhanced Listing Plan / MLS Listing Services. In exchange for a one-time fee and any fees required by your MLS listing broker/agent, you will receive the Deluxe Plan package plus a listing on an available local multiple listing service (“MLS”) for six (6) months. Your listing on the Site and your MLS listing are activated separately. MLS rules require that a broker/agent list your home on the MLS; you cannot do this yourself. We can connect you to a broker/agent for this purpose; a locally licensed real estate broker/agent will contact you in order to contract with you separately, and that broker/agent will activate your MLS listing for you. The terms of any agreement between you and any real estate broker/agent are not endorsed, recommended or otherwise known by ForSaleByOwner.com, LLC. ForSaleByOwner.com, LLC, is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. NOTE: THE LICENSED BROKER/AGENT FOR YOUR LOCAL AREA MAY REQUIRE CERTAIN FEES OUTLINED IN THE LISTING CONTRACT IN ORDER TO COMPLY WITH APPLICABLE LAW OR MLS RULES. All MLS listings require a buyer’s agency commission if a real estate broker assists you in finding a buyer. Neither the Service nor these Terms are a solicitation for a listing broker if your property is already listed with a broker. Georgia residents may be subject to a 0.37% MLS surcharge at close of escrow. IL, MS, NM, IN, FL, MO, WA, AR, AL, LA, CO, WI, and NY residents are subject to a 0.25% fee collected at time of closing for state minimum services. All Customers who purchase MLS Listing Services are responsible for correctly completing all paperwork necessary and applicable to their local MLS prior to their listing becoming viewable in their local MLS.
You can make up to two (2) changes to your MLS listing that involve the quantity of words or description of the property or documentation associated with the property free of charge during the life of the MLS listing. There is a $25 charge for each change to a MLS listing beyond the first two changes. You may make pricing or status changes (e.g., sold, under contract) to a MLS listing free of charge. All change orders for a MLS listing must be in writing. Certain fees may apply in order to remove a MLS listing prior to six (6) months.
You may extend a MLS Listing for additional six (6) month periods by paying an additional fee per six-month period. There may be additional fees that apply depending on the geographic location of your property and your local MLS’s rules and regulations. Moreover, the MLS Service may be subject to additional fees and/or restrictions, such as the offering of a 2-3% buyer’s agent commission, and among other things, changes in laws, regulations, or the third parties with which ForSaleByOwner.com, LLC, contracts. In addition, depending on your MLS listing agreement, there may be restrictions on your use of signs, including signs provided as part of the above Plans. For additional information about the MLS rules and regulations in your area, please contact us at email@example.com. The MLS Service is subject to modification without notice to you. If you object to any modifications to the MLS Service, your sole and exclusive recourse shall be to stop using the MLS Service. The MLS Service is considered a separate purchase, even when purchased in a package, and is treated as a separate service for refunds. See Section 15 regarding refunds. There will be a cancellation charge for early cancellation of the MLS Service.
D. Video Details. Your video will stay up for 6 months. Videos cannot exceed 300 megabytes of data. We are not responsible for the quality of the video or posting of the video to the Site.
E. Featured Home as an Upgrade to Standard Plan, or Additional 30-Day Periods to Deluxe and MLS Enhanced Listings Plans. This add-on service is available for a monthly fee and rotates your property listing through the “Featured Home” sections of the Site which include the homepage and at the top of the search results in your area for 30 days. The Featured Home service automatically activates when purchased but will not be shown on the homepage until a photo has been uploaded in your Selling Center. You will be AUTOMATICALLY BILLED EVERY 30 DAYS UNTIL YOU CANCEL THIS SERVICE. See Paragraph K below on how to cancel. Because your property listing rotates into the Featured Home service it will not be viewable all of the time and may not be present during certain times when you see the “Featured Home” in your area. There is no refund for this Service more than after 24 hours after purchase.
F. Realtor.com Listing Details. A Realtor.com listing includes up to six (6) photos on Realtor.com (more can be purchased through ForSaleByOwner.com’s Selling Center); automatic e-mail forwarding of leads; and automatic forwarding of all phone leads. The Realtor.com listing expires after six (6) months. You may extend a Realtor.com listing for additional six (6) months periods by paying an additional fee per six-month period. You can also add a Realtor.com listing to your Standard Plan package for a price that varies depending on the Service package. The Realtor.com listing may be subject to additional fees and/or restrictions. The Realtor.com listing is considered a separate purchase, even when purchased in a package, and is treated as a separate service for refunds. There will be a cancellation charge for early cancellation of the Realtor.com listing. If you register for a Realtor.com listing through Realtor.com, you acknowledge that the Site listing and Realtor.com listing are activated separately. Realtor.com listing applications must be submitted promptly after you receive them. All Realtor.com listings are handled by a real estate broker/agent who will contact you in order to contract with you separately, and that broker/agent will activate your Realtor.com listing for you. The terms of any agreement between you and any real estate broker/agent are not endorsed, recommended or otherwise known to or by ForSaleByOwner.com, LLC. All Realtor.com listings require a buyer’s agency commission if a real estate broker assists you in finding a buyer. Neither the Services, including access to a Realtor.com listing, nor the Terms are a solicitation for a listing broker if your property is already listed with a broker. For additional information about the Realtor.com listing, please contact us at firstname.lastname@example.org. The Realtor.com listing service is subject to modification without notice. If you object to any modifications to the Realtor.com listing service, your sole and exclusive recourse shall be to stop using such service. Continued use of the Realtor.com listing service following notice of (and/or posting as part of these terms of) any such modifications shall indicate your acknowledgment of such modifications and satisfaction with the Realtor.com listing service as so modified.
G. Third-Party Websites. As part of all three of our Service Plans, we will submit your property listing information to other, third-party websites for inclusion on those sites. Please be aware that you are not purchasing a listing with these other sites as part of the fee that you pay us, and that any of those sites may reject your listing for any reason or change their own services. We have no control over any third party sites.
H. Valuation and Property Reports from HomeJunction. Valuation and Property Reports are provided by a third party, HomeJunction. The Valuation and Property Reports that are available are based on public record information accessed from the county tax assessor and the county recorder, and are provided on an as is, as available basis, with no warranty or guarantee as to accuracy, commercial value, merchantability or fitness for use in a real estate transaction.
I. Pro-Photo Package. Upon purchase, we will have a freelance photographer contact you directly to set up a convenient time for the photographer to visit your home for your photo shoot. After the photo shoot, within 24-72 hours, 2 separate emails will be sent to you with links to a webpage where you can review the photos, virtual tour , and a YouTube video. You can then post the photos, virtual tour, and the YouTube video link to the Site to enhance your listing. Note: there are some locations where we do not have relationships with local freelance photographers, therefore, we cannot offer this service to you if your home is in one of those locations.
i. Rescheduling: Seller may reschedule but must do so more than 24 hours prior to the originally scheduled time or a cancellation fee of $25 will be assessed to the Seller. Seller must contact the photographer directly to reschedule.
ii. Cancellations: Cancellations will be allowed as long as the photographer has not already come to your home and taken photos. No cancellations will be allowed due to inclement weather except in extreme circumstances such as flood, fire, earthquake, tornado, etc. The cancellation fee is $25.
iii. Copyrights: Subject to these Terms, ForSaleByOwner.com, LLC, grants you a limited license to upload the photos, virtual tour, and YouTube video to the Site. You will have no other rights in the photos, virtual tour, or video.
iv. Disclaimers: All photographers have passed background checks; however, we do not require them to be insured and bonded. ForSaleByOwner.com, LLC, is not liable for any acts or omissions of the photographers.
J. Pro Pricing Package. Upon purchase, we will have a licensed real estate professional contact you directly to set up a convenient time to visit your home. Then he or she will create a report on the probable sales price of your home by comparing it to three similar homes recently listed and three similar homes sold in your area. We will send you a link to download the report.
i. Rescheduling. Seller may reschedule but must do so more than 24 hours prior to the originally scheduled time or a cancellation fee of $25 will be assessed to the Seller. Seller must contact the licensed professional directly to reschedule.
ii. Cancellation by Seller. You can cancel and receive a full refund as long as the licensed professional has not already come to your home. If you cancel after the visit but before the report is generated, you will receive a 50% refund. There is no refund available after the report is generated.
iii. Cancellation by Us. We may cancel or delay your order if your home is remote, inaccessible or dangerous to travel to; if you provide incomplete information about your home; or if we lack comparable data. Cancellation by us will result in a full refund.
iv. No Copyright License: Subject to these Terms, ForSaleByOwner.com, LLC, grants you a limited license to use the Pro Pricing report solely for the purpose of pricing your home. You will have no rights to copy or publicly display the Pro Pricing report.
K. Purchases through an Affiliate Publisher or Third Party. If you purchased a Service Plan through a publisher that is affiliated with ForSaleByOwner.com (“Affiliate Publisher”) or a third party, you must contact the Affiliate Publisher or the third party’s customer service for assistance with the Site or for billing inquiries. Any terms of your purchase from an Affiliate Purchaser or third party are incorporated into these Terms.
L. How to Cancel Your Listing Online. If your property sells, you must remove your listing from the Site. Removing your property listing from the Site is simple. Login at www.forsalebyowner.com/login using your listing number and password. Click on your listing number then click “Cancel.” Fill out the cancellation survey completely and click “Cancel Ad.” Clicking the “Cancel Ad” button will cancel your property listing instantly and provide on-screen confirmation. Cancellation of a listing on the Site has no effect on an affiliate publication listing, Realtor.com listing, or MLS listing.
14. Home Selling Guarantee-Referral Program.
A. Referral. Sellers who wish to change their selling status from “by owner” to a full service listing may elect to participate in the Home Selling Guarantee-Referral Program. Once you qualify for the Program, we will connect you with a real estate broker/agent in your location. We may receive payment including, but not limited, to a referral fee that may be a percentage of the commission received by a real estate agent/broker involved in any real estate transaction. Any such payment to us is due to an agreement between us and the real estate broker/agent involved.
To qualify for the Home Selling Guarantee-Referral Program, and obtain a referral, you must register for the Program; instructions here.
B. Refund. If your home sells using a broker/agent we refer, then you will be entitled to a refund of the purchase price of your Standard, Deluxe or MLS-Enhanced Plan, once your home sale closes and you submit your HUD Closing Statement (which should be given to you when you close the sale of your home by the title/escrow company handling the closing). For Sellers who purchased the Standard Plan, we reserve the right to limit the refund amount to equal three months of the fees you paid.
C. Limitations. You will not be entitled to a refund under the Home Selling Guarantee-Referral Program if:
i. no agent/broker referred by us agreed to take the listing for your property;
ii. you did not sign a binding broker/agent agreement with a broker/agent who was referred via the Home Selling Guarantee-Referral Program;
iii. you contacted the broker/agent referred via the ForSaleByOwner.com network before to signing up for the Home Selling Guarantee-Referral Program; or
iv. your listing or any of the information you provided contained fraudulent, deceptive, or inaccurate information.
Only one refund pursuant to the Home Selling Guarantee-Referral Program is permitted per ForSaleByOwner.com listing, even if such listing appeared more than once on the Site.
15. Refunds in General. Under certain limited circumstances, we may refund the purchase price or a portion of the purchase price for Services you purchased.
A. Seller Obligations Concerning Cancellation. It is your responsibility to promptly inform us that you are canceling a purchase in accordance with express terms of this Section 15.
B. Voiding Charges within 24 Hours of Purchase. If you notify us of a cancellation within 24 hours of a purchase of a product or Services, we will void, reverse, or credit the charges.
C. Refunds, Downgrades, or Changes within 24 Hours of Purchase for Non-MLS-Related Services/Plans. You can obtain a refund, downgrade your plan with a refund of the difference in price, or change your plan that does not include MLS services by notifying ForSaleByOwner.com, LLC within 24 hours of your purchase. Refunds are not available more than 24 hours after purchase.
D. Refunds and Changes to Services/Plans that Include MLS or Realtor.com Services. Because the MLS and Realtor.com Services are third-party services, ForSaleByOwner.com, LLC, is subject to additional fees and restrictions concerning changes requested by a Seller after they have purchased a plan with MLS or Realtor.com services, particularly after a property listing has been posted to the MLS or Realtor.com. We will refund the MLS portion or Realtor.com portion of a Service plan, less a cancellation fee for each, if you cancel before your listing is posted to the MLS or Realtor.com, respectively, up to 30 days after purchase date. After 30 days, or once your property listing is posted (whichever comes first), no refund is available.
E. Other Limitations. We will not provide refunds for:
1. Technical Problems. You are not entitled to a refund on the grounds of a temporary service failure. You will not receive any refund for temporary technical problems with the site (including without limitation not being able to log in to your account or not being able to upload photos) that remove your property listing, change your property listing, or cause your property listing not to be displayed. You are not entitled to any refund based on a failure to view your property listing that is due to your or a Buyer’s computer’s or browser’s failure to meet minimum browser and operating system requirements of the Site.
2. Yard signs and other products sent to you in connection with a Service Plan.
3. Modifications to the Services. We reserve to modify the Services with or without notice to you. See Section 23.
4. Services Provided through an Affiliate Publisher or Third Party.
16. Third-Party Advertisements and Links. The Site may include advertisements and links to third party sites. You should review any applicable terms or privacy policies of a third party site before using it or sharing information, because you may give the third party permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products, services or other materials on or available from third parties or their sites.
17. Product Purchases from Our Store. If you receive a product that does not match the description on our Site, notify us and return it unused. We will either replace it or provide you a refund.
SECTION IV: TERMS THAT APPLY TO EVERYONE WHO USES THIS SITE
18. Disclaimers and Limitation of Liability. While ForSaleByOwner.com, LLC, uses reasonable efforts to include accurate and up-to-date data and information on the Site, we make no warranties or representations as to its accuracy and timeliness and assume no liability or responsibility for any error or omission. ForSaleByOwner.com, LLC, has no responsibility for actions of third parties or for information provided or posted by others. ForSaleByOwner.com, LLC, does not represent or warrant that use of the Services will not infringe rights of third parties.
Use of www. ForSaleByOwner.com is at your own risk. All Services are provided “as is” and “as available.” All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties that the Services and Site will meet your requirements or be uninterrupted, timely, secure or error free, are specifically disclaimed. ForSaleByOwner.com, LLC and its affiliates and related companies are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property. Some jurisdictions do not allow the exclusion of certain implied warranties, so certain of the above exclusions may not apply to you. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warranty shall be the minimum required under applicable law.
The Site contains facts, views, opinions, statements and recommendations of third party individuals and organizations. ForSaleByOwner.com, LLC, does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site or services. Any reliance upon any such opinion, advice, statement or information is at your sole risk.
In no event shall ForSaleByOwner.com, LLC, or its affiliates, employees, agents, content providers, service providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to loss of data, loss of good will, profits, or commercial opportunities; unauthorized access to or alteration of your transmissions or data; the services or any errors or omissions in the services or related content, even if advised of the possibility of such damages. In no event shall ForSaleByOwner.com, LLC, its affiliates, related companies, employees, agents, content providers, service providers or licensors be liable for any amount for direct damages in excess of $100. In no event shall ForSaleByOwner.com, LLC, its subsidiaries, affiliates, employees, agents, content providers, service providers or licensors be liable for any direct damages after your account remains inactive for a period of one (1) year.
19. Indemnity. You agree to indemnify, defend and hold harmless, ForSaleByOwner.com, LLC, its parent, subsidiaries, and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of ForSaleByOwner.com, LLC’s Services or Site; (2) ForSaleByOwner.com, LLC’s use of any content or information you provide, as long as such use is not inconsistent with these Terms; (3) information or material posted or transmitted through your Account, even if not posted by you; and (4) any violation of these Terms, including a breach of your representations and warranties.
20. Dispute Resolution. Any claim or controversy arising out of or relating to the Site, these Terms, the goods or Services provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with these Terms, including but not limited to any claim or controversy made by a Customer (“Dispute”), shall be finally, and exclusively, settled by arbitration in Chicago, Illinois. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by ForSaleByOwner.com, LLC, from AAA’s pool of arbitrators. In any arbitration, ForSaleByOwner.com, LLC will pay the filing fee, plus the costs associated with the arbitrator for the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Chicago, Illinois. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. Moreover, the arbitrator must abide by all these Terms and shall not have the power to reform or alter these Terms. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under these Terms with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. By way of emphasis, these Terms provide that all disputes between you and ForSaleByOwner.com, LLC, will be resolved by binding arbitration. Accordingly, you waive your right to go to court to assert or defend your rights or have your dispute heard by a jury. You also give up your right to participate in or bring class actions against ForSaleByOwner.com, LLC.
21. Limitations Period. You agree that any claim, controversy, or dispute with ForSaleByOwner.com, LLC, or its subsidiaries, affiliates, or related companies must be brought within one (1) year of when the claim, controversy, or dispute arose or first accrued, or such claim, controversy or dispute will be barred.
22. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the Site, your access and use will be governed by the Terms then present on the Site and in effect. If you object to any such changes, your sole recourse shall be to stop 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 will 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.
23. Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services or any part of the Services. Modification of the Services can include, but is not limited to, any change to the Site or content contained therein, changes to the administrative tools or functionality of the Site, modification of the “look and feel” of the Site, changes to the format of a property listing or any other part of the Site, and the inclusion of advertising links in association with a property listing or other content available on the Site. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services. If you object to any modifications to the services, your sole and exclusive recourse shall be to stop using the Services. Continued use of the Services following notice of and/or posting as part of these Terms of any such modifications shall indicate your acknowledgement of such modifications and satisfaction with the Services as so modified.
24. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions.
25. Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and ForSaleByOwner.com, LLC with respect to your access to the Site and your use of the Services and supersede all prior agreements or negotiations. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Terms shall continue in full force and effect. Any failure of ForSaleByOwner.com, LLC, to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision. The Section and paragraph headings used in these Terms are purely for convenience and effect are for illustrative purposes only. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to ForSaleByOwner.com, LLC, any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
26. Contact Us. For questions regarding the Site or the Services, e-mail email@example.com, call toll-free 888-FOR-SALE, or send a letter by mail to:
435 North Michigan Ave. Floor 4
Chicago, IL 60611
27. Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of ForSaleByOwner.com, LLC, in appropriate circumstances, to terminate the account of a user who is deemed to infringe third party intellectual property rights or to remove content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on ForSaleByOwner.com, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material you claim is infringing is located on the site (providing us with a listing number or website URL is the quickest way to help us locate content quickly);
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our copyright agent can be reached as follows:
Copyright Agent, 435 N. Michigan Ave., 19th Floor, Chicago, IL 60611, 312-222-4643 (voice), 312-222-4567 (fax), firstname.lastname@example.org.
28. Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to ForSaleByOwner.com, LLC’s designated Copyright Agent (see above for contact information), that includes substantially the following information (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. an electronic or physical signature of the Customer;
2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled(providing us with a listing number or website URL is the quickest way to help us locate content quickly);
3. your address, telephone number, and e-mail address;
4. a statement by you, under penalty of perjury, that you (the Customer) have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
5. a statement by you that you (the Customer) consent to the jurisdiction of the Federal District Court for the judicial district in which the Customer’s address is located, or if the Customer’s address is outside of the United States, for any judicial district in which ForSaleByOwner.com, Corp may be found, and that the Customer will accept service of process from the person who provided notification under Section 27 above or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Customers who are repeat infringers.
29. National or State “Do Not Call” Registries. If you are acting in any capacity as a real estate agent, real estate broker, or other real estate professional, or a commercial or non-private purchaser/seller of real estate affiliated with a company that is engaged in the real estate brokerage business or business of advertising real estate for others By accessing the Site, you agree not to telephone any Seller who has listed a property on the Site when such Seller’s phone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than 30 days and (a) you do not have a pre-existing, established business relationship with such Customer prior to making a call to such Customer and (b) you do not have prior, written authorization from such Customer to make telephone calls to the Customer. ForSaleByOwner.com Sellers: Please note that it is a violation of federal law (and many state laws) for a real estate broker/agent or other real estate professional to call you if your telephone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than 30 days and the caller does not have a pre-existing, established business relationship with you before making the call and does not have prior, written authorization from you to make the call. If you receive a call that violates these provisions, you may file a complaint online at www.donotcall.gov/Complain/ComplainCheck.aspx by providing the date you received the call and either the name or telephone number of the company or agent/broker that called you.