2. REFUND POLICY
For Customers who order the Realtor.com, or the Flat Fee MLS package which includes the FSBO+ package, refunds will be given in the amount of difference between the Realtor.com and/or Flat Fee MLS package minus the cost of the FSBO+ package prior to Listing your property on the MLS or Realtor.com minus paypal fees incurred for the transaction. Due to the extremely low price of our services, unused months of service are not refundable. The services offered on this website do not warrant or guarantee to find a buyer or result in a successful closing. FSBO+ Services are not refundable once a Listing has been created in the account. Refunds will not be given for Orders that are thirty days old and have not been acted upon by the Customer. Customer is responsible for reviewing the accuracy of the listing information. At times, Package Price discounts or incentives will be offered to customers, only one Package Price discount or incentive can be used for each new customer per order. Existing customers are not entitled to new incentives, new customers only. No offers may be combined. Satisfaction is not guaranteed. The services sold on this website are tools that facilitate a home seller selling their own home. There is no promise or guarantee that you will sell your home.
The website FSBOOwners.com is owned and operated by FSBO MLS Listed, LLC (“Company”) which provides this internet web site and access to the sellers of homes listed on this internet web site. FSBOOwners.com and FSBO MLS Listed, LLC in no way represents the property sellers listing properties for sale on this site. All information presented on this web site is provided on an "as-is" basis. No warranty, express or implied, regarding the accuracy, completeness or correctness of any of the information available on this site is made. Any and all information regarding properties for sale presented on this site is the sole responsibility of the property seller. Verification of the information for any property in which you may be interested is your responsibility alone. The purpose of this website is to facilitate the exchange of information. We cannot and do not verify the information provided to us, the information presented here is being provided to you on an “as-is” basis. FSBOOwners.com and its affiliates do not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of such information, including, without limitation, pricing, descriptions, designs, data and other features. It is your sole responsibility to independently evaluate the accuracy, correctness and completeness of the information presented here. Listing syndication is not guaranteed and it is the customer’s responsibility to verify prior to Listing their property. The customer is responsible for confirming all information on this website with the Limited Listing Broker prior to creating a Flat Fee MLS, or Realtor.com Listing. All information and services, including pricing, is subject to change without notice. FSBOOwners.com and FSBO MLS Listed, LLC provide this internet web site and the services offered on it (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 and 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”, “company”, or “our” refer to FSBOOwners.com. “You” refers to all users of the web site. The customer is responsible for learning and complying with all restrictions relating to their property and the sale thereof (including, but not limited to governmental, property, or association restrictions). Customers are instructed not to assume that services provided by other agents are provided by this limited service listing broker. Additional services are provided at the discretion of the brokers and may require additional payment. Neither FSBOOwners.com nor FSBO MLS Listed, LLC are a party to the listing agreement unless specifically signed by an authorized representative of the company. Local brokers are not agents or authorized representatives of this website or any of the other companies/brokers for any purpose whatsoever. Testimonials are provided for reference only and are not guaranteed. Information presented on this website is subject to change without notice. Customers should confer and confirm terms with the local affiliate before signing the listing contract. MLS Names are trademarked names used for description purposes only. There is no ownership, endorsement, or affiliation with these companies or trademarks. Neither FSBOOwners.com nor FSBO MLS Listed, LLC own or operate the Licensed Real Estate Agency which will provide this service. An Independent licensed real estate broker serving your area will be providing the advertised MLS Listing Services. Additionally, the MLS service may or may not be the main MLS system for the customer’s property being listed and it is up to the customer to be sure to their satisfaction that the MLS service being offered to list the property for sale. Customers are responsible for complying with any subdivision, city, county, and state requirements in regards to laws, ordinances or restrictions. Should you be guilty of violating any laws, restrictions or ordinances, any resulting citations, fines or levees will be your responsibility. At times, promotional emails offering free or discounted services will be sent to the email address used to create your account. NEITHER FSBOOwners.com nor FSBO MLS Listed, LLC SHALL NOT BE LIABLE FOR DELIVERY, USE, OR MATTERS RELATED TO THE SHOE COVERS INCLUDED WITH THE PAID PACKAGES.
4. ADDITIONAL TERMS; MODIFICATIONS TO THE TERMS
FSBOOwners.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 changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any changes indicates your acknowledgement of the changes and your 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 any additional terms which will appear when accessing such Services. All additional terms are herein incorporated by reference. In the event of a conflict between the additional terms and these Terms, the additional terms shall govern when you access such Services.
5. CONTACTING US
6. 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 your satisfaction with the Services as so modified.
7. YOUR SECURITY
8. YOUR RESPONSIBILITIES
In providing us with information during the process, you agree to provide true, accurate, current and complete information as prompted. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You agree not to use the Services to do any of the following: 9.1 To violate any local, state, national or international law; 9.2To stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications; 9.3To 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; 9.4To impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; 9.5To interfere with or disrupt the Services, servers or networks connected to the FSBOOwners.com web site or the other Services, or disobey any requirements, procedures, policies or regulations of the networks connected to the FSBOOwners.com web site; and 9.6 To upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, ethnically, religiously 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, cancel bots, time bombs and the like, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) unsolicited advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the like; (f) surveys that have not been approved or cleared by us; or (g) contests or games of chance.9.7 To refer competitor websites.9.8 To post contact information or similar.
9. 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, claims, 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 FSBOOwners.com. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the FSBOOwners.com Web site by such parties. You should verify any information yourself. By posting, inputting or otherwise submitting information to our web site, you are representing that the information is accurate, that you are the rightful owner of the information and you are granting us the right, license and privilege to use such information or data in any way we deem appropriate. You agree, understand, and acknowledge that we do not review, screen, or monitor Content for accuracy, or objectionable content as defined by the Terms. We have the right, but not the obligation, to investigate and/or remove any Content from the Services, without liability to you for any reason. Removal of content by the user and/or company is done without a refund.
10. 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 FSBOOwners.com and FSBO MLS Listed, LLC 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.
11. 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 the 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. NEITHER FSBOOwners.com nor FSBO MLS Listed, LLC 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.
12. NO SPAM
We do not condone or allow spam. We prohibit you from using the Services to promote your own Web site, business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement in the event of any violation of these Terms of Service and, in the event of such violation, without refunding your fee.
13. 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.
You agree that we, in our sole discretion, may terminate your access to and use of 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. Rude or Harassing behavior will also not be tolerated and cause for termination of our services. 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.
15. 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 FSBOOwners.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 FSBOOwners.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FSBOOwners.com and/or FSBO MLS Listed, LLC 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: 16.1the use or the inability to use the Services; 16.2the 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; 16.3unauthorized access to or alteration of your transmissions or data; 16.4statements 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; 16.5your failure to adequately safeguard your password or access to the Services; 16.6any 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; 16.7termination of your access to or use of the Services as provided herein; 16.8the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services; 16.9any modification, suspension or discontinuance of the Services (or any part thereof) or these terms; 16.10use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services; and 16.11any other matter relating to the Services or these Terms.
17. 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 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.
You agree to indemnify, defend and hold harmless FSBOOwners.com and FSBO MLS Listed, LLC, 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) your use of the Services, (2) your violation of these Terms, (3) your violation of any rights of any other person or entity or (4) any viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the FSBOOwners.com Web site or other Services
Certain of the names, logos, and other materials displayed on the FSBOOwners.com Web site and in and through the Services constitute trademarks, trade names, service marks or logos (“Marks”) of FSBOOwners.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.
20. 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 FSBOOwners.com or its licensors (the “Content”), is copyrighted by FSBOOwners.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 FSBOOwners.com or its licensors. Our 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 FSBOOwners.com and our applicable licensors. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any Content. You acknowledge and agree that the Service contains 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. You agree not to access the Service by any means other than through the interface that is provided by FSBOOwners.com for use in accessing the Service.
You hereby grant to FSBOOwners.com and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, and 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 for publication on the FSBOOwners.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. We may submit your property listing information to other websites to be listed there. If this occurs, it is part of the Services. However, if another website rejects the property listing information for any reason, we have no duty to do anything about it and you have no recourse against us. The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us.
These Terms constitute the entire and exclusive agreement between you and FSBOOwners.com with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and FSBOOwners.com with respect to the subject matter hereof. The Terms and the relationship between you and FSBOOwners.com shall be governed by the laws of the State of New York as applied to agreements made, entered into and performed entirely in Oneida County, New York by Oneida County residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts having jurisdiction over Oneida County, New York and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Service of Process in any such action may be effected either by certified mail, return receipt requested or by a recognized national private carrier where you or your authorized agent accept delivery of such service of process. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the extent possible and to the remainder of the Terms, and that, therefore, the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms to us at CustomerService@ FSBOOwners.com