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Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY REPRESENT A LEGAL AGREEMENT BETWEEN YOU AND FSBO-LA.COM THAT GOVERNS YOUR ACCESS TO, USE OF, AND PURCHASE OF SERVICES AND/OR GOODS MADE AVAILABLE ON FSBO-LA.COM. BY ACCESSING, USING, PURCHASING SERVICES OR GOODS MADE AVAILABLE ON, AND/OR OTHERWISE UTILIZING FSBO-LA.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS, USE, PURCHASE SERVICES AND/OR GOODS MADE AVAILABLE ON AND/OR OTHERWISE USE FSBO-LA.COM.
The Company
The website FSBO-LA.Com, including but not limited to all webpages appearing on the FSBO-LA.Com internet domain (collectively, the “Website”) is owned and operated by FSBO-LA (the “Company”). The Company is primarily an Internet advertising service for real estate offered "for sale by owner". The Company is not a licensed real estate broker. The Company is not a member of any multiple listing service (MLS), nor does it list real estate on any MLS. The Company and the Website make the following services available to buyers and sellers of residential real estate and related service providers: (a) listings of for-sale and rental properties; (b) access to sample contracts and flyer creation templates; (c) hyperlinks to industry websites; (d) general advice for buyers and sellers, industry news, and answers to frequently-asked questions; (e) ‘for sale by owner’ products, including but not limited to yard signs and promotional materials; (f) information pertaining to real estate related service providers (including but not limited to legal, mortgage, valuation, and moving services); and (g) any other services or products made available on the Website.
Website Access
You shall be solely responsible for all computer and telecommunications hardware used to access the Website. You agree that you will not use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Website or the content contained on any such web page for commercial use without the Company’s prior express written permission. You will not spam or send unsolicited e-mail or other messages to any other user of the Website for any reason, by means of the Website or otherwise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the Website, the Company’s computer system, or the Company’s infrastructure. You agree not to modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon, the Website or any software or programming related thereto. Any access or attempt to access any areas of the Company’s computer system, or information contained on the system, except for the Website and information contained thereof, for any purposes, is strictly prohibited.
Website Users
The Website is for the exclusive use of buyers and sellers of real estate and related service providers. Subject to the terms contained herein, the Company hereby grants to you a non-exclusive, non-transferable, non-sublicenseable, world-wide license to use the Website, which shall include the right to search, display and print the property listings appearing on the Website for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Company reserves any rights not expressly granted herein. The Company reserves the right to monitor your access and use of the Website and your compliance with the terms hereof without notice to you.
You are solely responsible for the contents of your submissions or messages intended for the Company or third parties, made to or sent from the Website or otherwise, and same shall be treated as non-confidential and non-proprietary unless expressly stated otherwise. You grant to the Company a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now know or currently known, to exercise all copyright and other intellectual property rights with respect to such submissions or messages. You agree that any such submissions or messages, including but not limited to property listings, or any derivative works thereof, may be disseminated, distributed, publicly displayed on third party websites, reproduced, used, sublicensed, posted, or published by the Company, and searched, displayed, printed or otherwise used or exploited by Company’s customers, in accordance with the Privacy Policy posted on the Website. You agree to provide true, accurate, current and complete information and to maintain and promptly update such information to keep it true, accurate, current and complete. You warrant that you own and are authorized to offer for sale and to sell any property you submit to the website for listing. You represent and warrant to the Company that any information, photographs, images, graphics, video records or the like, virtual tours, drawings, written descriptions, remarks, narratives, pricing information and other copyrightable elements relating to your property listing do not violate or infringe upon the rights, including any copyright rights, of any person or entity.
You will receive a password during the registration process which is for your use only. You are fully responsible for maintaining the confidentiality of your password and all actions taken on the Website after access is obtained by means of your password. You agree to immediately notify the Company by e-mail at info@fsbo-la.com of any unauthorized use of your password or account or any other breach of security relating to the Website.
Prohibited Behavior
You agree not to search, display, print, distribute, copy, reproduce, publish, download, or transmit any material on the Website for commercial use without prior written approval of the Company. You agree not to “mirror” or “frame” any material contained on this Website on any other server or website, regardless of means, without prior written permission from the Company. You agree not to post, transmit, e-mail, re-transmit or store material on, through or from the Website which, in the sole judgment of the Company: (1) is in violation of any local, state, federal or non-United States law or regulation, (2) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (3) violates the rights of any individual, group or entity, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other materials that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the Website. You may only use the Website in a manner that, in the Company's sole judgment, is consistent with the purposes of the Website. If you are unsure of whether any contemplated use or action is permitted, please contact the Company immediately at info@fsbo-la.com for clarification. By way of example, and not limitation, the following uses described below of the Website are expressly prohibited:
o using any software or computer code to alter the design, layout, or any other visual elements of the Website;
o collecting information (such as name, address, and contact information) about sellers or their properties by any manual or automatic means for any purpose other than to consider making an offer to buy the relevant property;
o violating any local, state, national or international law;
o stalking, harassing or harming another individual;
o collecting or storing personal data about other users;
o impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;
o interfering with or disrupting the Website or servers or networks connected to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected System; and
o submitting, posting, storing or transmitting any information, data, text, software, music, sound, photograph, graphic, video, message or other material (a) 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) that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) that infringes upon the intellectual property rights of a third party; or (d) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Fees
All fees for use of the Website or for the services of the Company shall be at the then-advertised price for the service or services selected, and must be paid by direct charge to a credit card. You hereby authorize the Company to charge your credit card to pay for any charges that you may incur in the future as they accrue. You must notify the Company of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information relating to the Company’s ability to charge your account. Once your property listing is posted on the Website, you agree that all sales are final, and there are no credits or refunds whatsoever. You may alter or remove your property listing by clicking on the ‘Manage Listing’ link from the homepage. Failure to make any payment as set forth herein shall be deemed to be a material breach of these Terms and Conditions and shall be sufficient cause for the immediate termination of your account by the Company. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessments, other than taxes based on the Company's net income
Brokerage Services
You understand and agree that except as expressly provided for otherwise on the Website, the Company does not offer or provide any advice or assistance in connection with the sale, purchase or leasing of real estate, including but not limited to real estate brokerage services. You understand and agree that all real estate brokerage commissions are negotiable and that the Company does not set commission rates or provide any advice relating to commissions.
Placement of Listings
The Company will attempt to display the most recently submitted property listings (along with a single photograph of each property if one is provided by the seller), on the Website home page. These listings will automatically be rotated off of the home page in real time (and may not reappear on the homepage) as new property listings are submitted to the Website. Placement of your property listing on the home page, or placement for any period of time or in any particular manner, is neither guaranteed nor available for purchase.
Intellectual Property
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided AS IS for informational use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights not expressly granted in and to the Website and the Content. All users of the Website agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
The "look and feel" of the Website, meaning, the structure, sequence and layout of the audiovisual components of the Website including, but not limited to, the color combinations, button shapes, logos, and all other graphical and navigational elements, are also proprietary to the Company and fully protected under U.S. and international intellectual property laws.
Third Party Content, Websites, and Links
The Company does not create, make, author, write, print or otherwise produce any of the for-sale or rental property listings that appear on the Website, including but not limited to the text, photographs, images and links to third party websites contained therein. All such property listings are produced and submitted to the Company by others.
The Website may contain links to third party websites that are not owned or controlled by the Company. The Company is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by the Company. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
Dispute Resolution
If there is any dispute about or involving the Website and/or the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Los Angeles County, California and waive all defenses of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Website and/or the Company must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Notices
Notices given by the Company to you will be sent to the e-mail address or conventional mailing address you provide to the Company during the registration process, or to updated addresses which you provide to the Company via notice consistent with this section. Notices given by you to the Company must be given by e-mail to info@fsbo-la.com. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your e-mail and mailing address for notices hereunder, and notice sent to the e-mail or conventional mailing address last provided by you to the Company shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.
Disclaimers
The Company is not responsible for any incorrect or inaccurate content posted on the Website, whether caused by users of the Website, or by any of the equipment or programming associated with or utilized in the operation or creation of the Website. The Company is not responsible for the conduct, whether online or offline, of any user of the Website. The Website may be temporarily unavailable from time to time for maintenance or other reasons. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website, any content posted on the Website or transmitted to users, or any interactions between users of the Website, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Governing Law and Venue
If there is any dispute about or involving the Website and/or the Company, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Los Angeles County, California and waive all defenses of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Website and/or the Company must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of these Terms and Conditions or your violation of any law or the rights of a third party.
Miscellaneous
These Terms and Conditions constitute the entire agreement between you and the Company regarding the use of the Website, superseding any prior agreements between you and the Company relating to your use of the Website. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue in full force and effect.
The Company may alter or amend this Agreement at any time without notice by revising this page. By accessing, using or purchasing services or goods made available at the Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. The Company may alter or amend the content of the Website, including the services and goods made available, at any time and without notice. For example, the Company may, in its sole discretion and at any time, discontinue the Website, or any component thereof.
Questions
If you have any questions relating to the Company, the Website, or these Terms and Conditions, please send us an email at info@fsbo-la.com.
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