Content Guidelines Introduction:
All Sellers and Buyers (subscribers) are responsible for their respective attorneys fees and all associates costs. MatchPropertyDirect™ LLC takes no responsibility and will not pay for any real estate closing costs, including appraisals of any kind, property title insurance, property title search, neither buyer or sellers (subscribers) attorney fees, litigation fees between sellers and buyers (subscribers) no Mortgage costs, no application fees of any kind, no surveys, no open permit fees and no administration fees/charges or subscriber associated costs. Subscribers negotiations are 100 percent between each other and their respective attorneys. MatchPropertyDirect™ LLC accepts no subscriber liability of any kind as well as makes no representations of truth or facts between subscribers and does not accept any related liability or expenses.
We reserve the right to remove any content contributed to a MatchPropertyDirect™ website by members, buyers or any other user of the website (each a “user”) which does not meet the following guidelines. Reviews, review responses, forum posts and any other content submitted by a user (collectively the “contributed content”) are the subjective opinions of the user who posted the content (the “user” or “publisher”). Such content is not the opinion of Match Property Direct and is not endorsed by us.
While we encourage all users to post only information that is truthful and accurate, MatchPropertyDirect™ is not a fact finder and cannot be put in a position to determine the legitimacy of contributed content. All users should know that their contributed content could subject them to misrepresentation or defamation claims, which MatchPropertyDirect™ will not moderate or arbitrate.
Contributed content must adhere to the (including, but not limited to property listings, reviews and responses) Terms and Conditions of the MatchPropertyDirect.com in which such contributed content is posted on as well as the following guidelines:
- Users who post content must have all legal rights to post the content.
- The content must be directly related to its purpose. Examples include:
- Property listing descriptions must relate to the property.
- Property listings should not direct buyers to third-party websites.
- All members have the ability to change or negotiate the price accepted for a property.
In the event of legal action pertaining to contributed content, we will remove the relevant contributed content only upon receipt of a final Court Order demanding removal. These Content Guidelines were last updated on January 2018.
The Site is operated by MatchPropertyDirect™ LLC, Which is part of the MatchPropertyDirect™ group.
Who processes your personal data, and where?
Your personal data (also referred to as personal information) – that is, data that identifies you, or from which you are identifiable – will be collected, processed, stored and used by us, and passed to and processed by companies in the MatchPropertyDirect™ group and other data processors acting under our instructions. MatchPropertyDirect™ is a global business. As a result, personal data contributed by or collected from users may be stored and processed in the United States or any other country in which we, members of the MatchPropertyDirect™ group or our agents maintain facilities. By using our Site, you acknowledge and agree that you may be transferring your personal data outside of the country in which you have contributed it (“your country”), and that you consent to any transfer of information outside of your country. These countries may not have similar data protection laws to those that apply in your country.
We do not knowingly collect or process data from anyone under the age of eighteen (18) years old.
The information we gather
At various times you may give your personal data to us. For example, in order to send a request or inquiry from you to a property owner or manager, we may need to know all or some of the following: your full name, address, telephone number, e-mail address, your current location, and, in the case of a member’s listing, a method of payment. You may also give personal data to us at other times, such as when registering on the Site or when submitting an advertisement for a property. We may also gather information from cookies or web beacons. You can find out more about they operate in the relevant section of this policy below. We also collect IP addresses, mobile device identifier details, your location, navigation and click-stream data, the time of accessing the website, homes you viewed, what you searched for, the duration of your visit, and other details of your activity on the Site. If you ask us to connect with other sites (for example if you ask us to connect with your Facebook account) we may get information that way too. In connection with electronic communications we facilitate through a Site, we use electronic or manual checks to monitor such communications for trust and security purposes. For further details on how we collect personal data, see Surveys and Newsletters below. We obtain data from you either by you inputting your personal details, by the automatic collection of information about you as you use the Site, when we speak to you, or from third parties. Third party information may include financial information which we use to prevent and detect fraud, information from your mobile provider if you are accessing the Site over a mobile device or information from a third party such as a social media or Subscriber opinions site where you have asked us to share your data with them.
How we use your personal data
Our primary purpose in collecting your personal data is to provide you with the services you request and those which we believe will optimize your use of the Site. You agree that we may use your personal data for the following purposes:
- For the services or to support your request;
- To contact you from time to time with user or service updates;
- To send other messages that help us provide our services on the Site;
- To assist people you have done (or have agreed to do) business with. For example if you are an owner and a Subscriber who has booked or inquired with you needs your details we may pass them on; if you are a Subscriber and an owner you have booked with needs to contact you we may give them your details;
- To customize, measure, report on and improve our services, content and advertising;
- To promote services related to the Site or those of the MatchPropertyDirect™ group and/or our affiliates;
- To compare information for accuracy, and verify it with third parties;
- To prevent, investigate or prosecute activity we think may be potentially illegal, unlawful or harmful and
We collate statistics about site traffic, sales and other commercial information which we pass onto third parties to assist us in improving the services we provide to you. We also use demographic information to tailor the Site and we share that information with third parties so that they can build up a better picture of our customer base and general consumer trends.
If you are a member, we may also display your phone number on the listing itself so that buyers and guests may contact you and to restrict fraudulent behavior. We may also contact you about your account and your use of our services.
How We May Disclose Your Personal Data
We may disclose your personal data to enforce our policies, or where we are permitted to do so by applicable law, such as in response to a request by a law enforcement or governmental authority, or in connection with actual or proposed litigation, or to protect our property, people and other rights or interests.
We may also share your personal data with:
- One of our partners if you’ve requested their services or if you’ve requested to be provided with information by them;
- Another member if you have done business with them;
- A third party performing services on our behalf;
- Companies in the MatchPropertyDirect™ group and/or affiliates; or
- Other companies or business entities, for example if we are thinking of a merger with or sale to that company or business entity;
- Other companies we work with to feature all or part of our member’s property listings or otherwise provide promotional or other services related to our or MatchPropertyDirect™ group’s business. This might include featuring your listings and photographs on other websites;
- Any third party you have asked us to share your personal data with – such as Facebook if you have asked us to connect with your Facebook account; or
- Any legal or governmental entity pursuant to a subpoena or other legal request.
You may have accessed our website through a hyperlink from the website of one of our trading partners. If so, you consent to your personal details and purchase information, including behavioral patterns, being shared with that trading partner in accordance with our contractual relationship with them.
If you sign up as a member on the Site, you may receive our Owner newsletter, which is an integral part of the services we provide. Subscriber users of the Site will be given the option to receive our Subscriber newsletter when they register with us. We and the MatchPropertyDirect™ group may offer different newsletters from time to time intended to enhance the services we or they offer. Users may cancel their subscription to these newsletters at any time, although it may take a short while for the changes in your preferences to become effective.
We also use survey to collect completely yours. We use information gathered from surveys to improve our services.
From time to time we may provide games on the Site. These games may allow for connectivity with other users or third parties. If that is the case you consent to your personal data being transferred accordingly.
When you download or use apps relating to our websites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.
Inquiries and other Electronic Communications
Buyers may send inquiries to members via clickable links on the listings on a Site. Further, buyers and members may communicate with each other via tools on a Site. If you choose to send an inquiry through these links, your personal information, including your email address and any other information you supply (unless the Site specifies otherwise), will be visible to the member in question so that they might reply directly to you. Your details may also be sent to us and we have access to those communications even if you contact the member directly. If members and buyers further engage in communications through a Site, we also have access to those communications, which we monitor for trust and security purposes. Additionally those inquiries and messages may be hosted on, be processed by or transmit through our servers. If you engage in such communications and call the other party, you may be asked to leave a return telephone number. Do not share information in the e-mail or phone call that you are not prepared to allow such person and MatchPropertyDirect™ group to have, including, but not limited to, credit card and bank account information. In addition inquiries and messages can be sent to the individual member you selected and to our system. Our customer service team may share such communications with members. We may also from time to time, use third party e-mail servers to send and track receipt of such communications, and analyze the pattern of such communications for trust and security purposes as well as to gather data, such as inquiry and booking data (on an anonymous basis), to assist us in better understanding our business.
How Do We Protect Your Personal Information Once We Have It?
We take reasonable technical and organizational measures to guard against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no system is completely secure, we believe the measures implemented by the Site reduce our vulnerability to security problems to a level appropriate to the type of data involved. We have security measures in place to protect our user database and access to this database is restricted internally. However, it remains your responsibility:
- To protect against unauthorized access to your use of the Site;
- To ensure no-one else uses the Site while your machine is logged on to the Site (including by logging on to your machine through a mobile, Wi-Fi or shared access connection you are using);
- To log off or exit from the Site when not using it;
- Where relevant, to keep your password or other access information secret. Your password and log in details are personal to you and should not be given to anyone else or used to provide shared access for example over a network; and
- To maintain good internet security. For example if your email account or Facebook account is compromised this could allow access to your account with us if you have given us those details and/or permitted access through those accounts. If your email account is compromised it could be used to ask us to reset a password and gain access to your account with us. You should keep all of your account details secure. If you think that any of your accounts has been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us. You should also tell us as soon as you can, so that we can try to help you keep your account secure and if necessary warn anyone else who could be affected.
If you have asked us to share data with third party sites, however (such as Facebook) their servers may not be secure. Credit card information is generally stored by our credit card processing partners and we ask them to keep that data secure. We also use third parties to help us optimize our website flow, content and advertising (see below). Note that, despite the measures taken by us and the third parties we engage, the Internet is not secure. As a result others may nevertheless unlawfully intercept or access private transmissions or data.
What are Cookies, Web Beacons and Clear GIFs and Why Do We Use Them?
We gather and share information concerning the use of the Site by members and buyers with one or more third-party tracking companies for the purpose of reporting statistics. To do this, some of the pages you visit on our Site use electronic images placed in the web page code, called pixel tags (also called “clear GIFs” or “web beacons”) that can serve many of the same purposes as cookies.
Web beacons may be used to track the traffic patterns of users from one page to another in order to maximize web traffic flow. Our third-party advertising service providers may also use web beacons to recognize you when you visit the Site and to help determine how you found the Site. If you would like more information about this and to know your choices about not having this information used by these companies, click here: http://networkadvertising.org/consumer/opt_out.asp
Phishing or False emails
If you receive an unsolicited email that appears to be from us or one of our members that requests personal information (such as your credit card, login, or password), or that asks you to verify or confirm your account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a “phisher” or “spoofer.” We do not ask for this type of information in an email. Do not provide the information or click on the link. Please contact us at Customer Support if you get an email like this.
How do I correct or update my information?
You can see any personal information processed by us. The best way of seeing this if you are a property owner is to log on to your account by using the ‘Owner Login’ tab at the top of the screen. You can see your basic details and correct or update them there at any time to suit you. Clients can ask to see any information we have on file for the user you by contacting us by email at support@MatchPropertyDirect.com and we have 72 hours to respond.
How do I opt-out of receiving marketing communications from you?
We will contact you from time to time for marketing purposes. Unless you have opted out, this could include contacting you by phone or email.
You may opt-out of receiving marketing communications from us by the following means:
- Contact us at firstname.lastname@example.org
- Follow the instructions included in each communication or newsletter;
- Use the Unsubscribe function; or
- Mail the request to us at PO Box 2263 Palm Beach Florida 33480
Please remember that if you change your preferences it may take a short time for those preferences to become effective.
How long will we keep your personal data?
Match Property DirectTM does not charge reoccurring payments. If a seller is not happy with our services or no longer wants their property live on the site they have the option to delete the property. However, Match Property DirectTM does not offer refunds. This is clearly stated for all subscribers before they pay. We will be sorry to lose you as a subscriber and welcome you back to Match Property DirectTM anytime. In order to relist your property on the site Sellers must Restart the Upload Process as well as resubscribe and pay for the service again.
The Amazon gift card
Amazon gift card may take 4 to 6 weeks to be redeemed.
MatchPropertyDirect.com is solely a connecting site. We are not handling any Real Estate transactions or any other real estate representations. We are not responsible for or are a party to any seller or buyer representations or misrepresentations. We are not acting as a Real Estate Company or Real Estate Brokers or Real Estate Agents. We are not selling Real Estate. MPD is only connecting Potiential buyers and Potiential sellers.MPD is not liable for any harm or consequences that result from using this site. The user that signs on and also pays to post their property do so with full knowledge that they are acting sole on their own and hold MPD harmless. All users of the site are accepting all terms and conditions that are listed and posted on the site.
You the subscriber, user, buyer, owner, visitor accept these Terms and Conditions of Match Property Direct (t) by clicking on the site which by using the site as a subscriber, owner, user, buyer or visitor to the site must follow all legal, ethical and prudential codes of conduct. All must do no harm, be honest and fair in dealings. All displayed properties must be legally owned by the poster,user,owner, subscriber and are subject to be removed at Match Property Directs (t) sole discretion with out refund.
Match Property Direct (t) does not claim to perform any Real Estate activity. Match Property Direct (t) is strictly an advertising posting platform. Match Property Direct (t) is not aiding,assisting,procuring, employing or advising in any capacity to anyone/entity / corporation or persons to practice Real Estate. Unlicensed practice of Real Estate is a felony. No Real Estate practices are advised , suggested or agreed upon by using the site.
Match Property Direct (t) accepts no responsibility for any deception ,stealing, harming caused by anyone subscribing , using, visiting, emailing , chatting on Match Property Direct (t) or any connection from the site including direct or indirect contact or direct or indirect actions from anyone subscribing, using or visiting the site.
Match Property Direct (t) is 100 percent an advertising fee based site for subscribers / owners to post their property to reach out to prospects on a worldwide platform. Owners,users,Potiential buyers, visitors and anyone clicking on the site acknowledges that Match Property Direct (t) is not a Real Estate sales site. Match Property Direct (t) has no customer representation , does not guarantee the accuracy of any information provided by an owner, subscriber, user, Potiential buyer or visitor to the site.
Match Property Direct (t) is not acting in an agency relationship as defined by state laws or regulations. Match Property Direct (t) offers no tax, no legal, no Real Estate advice or assistance.
Match Property Direct (t) is a held harmless for any contact direct or indirect made through subscribing , using or visiting the web site. Any personal information that is given out from any party is strictly up to the discretion of the subscriber, owner, user, visitor and Match Property Direct (t) will be held harmless.
Match Property Direct (t) is a self service website and requires the subscriber, owner, user , visitor to provide and manage their own information, photos, communication and actions. Match Property Direct (t) provides no service other than the small fee for posting on the platform / website. Match Property Direct (t) takes no responsibility for photographs posted on the site by subscribers, owners, potiential buyers, users , visitors and has the right at Match Property Direct (t) sole discretion to remove any photos it deems inappropriate at anytime. Unauthorized photos used in any fashion posted or otherwise is against the law and strictly prohibited. Subscribers, owners, buyers, visitors or otherwise give Match Property Direct (t) permission to use the photos on the site.
Match Property Direct(t) is not a property management site or Real Estate sales site and accepts no liability of any kind of or for its subscribers, owners, potiential buyers, buyers ,users or visitors.
Anyone using Match Property Direct (t) does so at their own risk.
Match Property Direct (t) has the right to remove /delete any property on the site at anytime for any reason with no refund.
Match Property Direct (t) does not participate in any negotiations and makes no representations. Match Property Direct (t) is 100 percent held harmless for any reason by any owner,seller, subscriber, user ,buyer , potiential buyer ,or visitor to the site and makes no claims
MatchPropertyDirect, LLC asks that the site users only use the site for the purpose of connecting to buy or sell property. We ask that all of our users be completely honest in all representations and actions as well as abiding by all laws.
TERMS OF SERVICE
Fair Housing Act: ForSaleByOwner.com, LLC fully supports the Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended). As such, ForSaleByOwner.com, LLC does not engage in business practices that discriminate against persons because of race, color, religion, national origin, sex, familial status, or handicap.
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. ForSalebyOwner.com, LLC may also be referred to throughout these Terms of Service as FSBO.
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 or through FSBO’s suite of offerings. (“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 (all third-party affiliates, partners and licensees) a royalty-free, perpetual, irrevocable, sublicensable, 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 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.
D. Non-Discrimination. At ForSaleByOwner.com, we are committed to doing the Right Thing! Whether buying, selling, or simply browsing, our goals are to provide an incredible experience built on fairness and respect.
In using our services, we ask that you:
- Respect others and comply with all applicable federal, state, and local fair housing regulations;
- Remain updated on your own state and localities’ fair housing laws, as these may expand federal protections such as prohibiting discrimination based on sexual orientation, income source, or gender identity;
- Use good judgment, be truthful, and respect the privacy of your neighbors;
- Post information that is appropriate and in the context with real estate;
- Treat others the way you want to be treated.
In using our services, we ask that you refrain from:
- Posting a discriminatory preference in an advertisement for your listing, as this is illegal;
- Posting any kind of discriminatory, obscene, threatening, abusive, or libelous content;
- Treat a potential purchaser differently based on their race, national origin, gender, disability, color or familial status – as this is illegal;
- Engage in other illegal contact or communication;
- Disclose confidential or sensitive information.
If any content you post is deemed by the ForSaleByOwner.com team as inappropriate, illegal, spam or otherwise objectionable, we reserve the right to remove it and further, restrict your access to our site.
If you come across anything on our site posted by other users that you find inappropriate, illegal, spam or otherwise objectionable, you can help us Do the Right Thing by reporting it to: email@example.com
6. Fraud & Scam Awareness
Unfortunately, there are people that will use internet sites like ForSaleByOwner.com to run all manner of scams on users. We do all that we can to prevent the willful misuse of our platform, however; every day, the scams get more and more sophisticated. We ask that our users be cognizant of the risk and review the following basic ways to recognize and avoid being scammed.
Recognizing and Avoiding Scams:
- Use secure, traceable transactions when making payments – Do not pay a deposit by wire transfer, prepaid money card, gift card, or other non-traditional payment method. Also, refuse to make “overpayments” and never enter into “handshake” deals without a contract.
- Don’t accept suspect cashier/certified checks or money orders – Banks will process and cash the fakes, then hold you responsible.
- Never give out financial or personally identifiable information – This includes banking and credit card information, your birthdate, Social Security/Social Insurance Numbers, PayPal account etc.
- Suspicious communications – Watch for parties communicating using poor grammar, spelling or those who send nonsensical messages. Be wary of parties that are only willing to text/email and those that will never speak on the phone or that refuse to meet in person. Generally these people will claim to be “travelling” and unavailable to talk or located in a foreign country and unable to speak other than via text or email.
- Deals Too Good to be True – If the list price is obviously too low, or the terms are too generous as compared to the market, it’s likely a scam.
- Don’t be pressured to act immediately – Scammers typically try to make you think a listing is in high demand in order to push you into immediate action without consulting family, friends, or financial advisors. Say no to high pressure sales tactics.
Who Should I notify about fraud or scam attempts?
- Internet Fraud Complaint Center
- FTC complaint form and hotline: 877-FTC-HELP (877-382-4357)
- Consumer Sentinel/Military (for armed service members and families)
- If you are defrauded by someone you met in person, contact your local police department.
- If you suspect that a listing posted here may be connected to a scam, please send us the details at firstname.lastname@example.org or call us at 888–FOR–SALE.
7. 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.
8. The Terms at Section IV below also apply to all Site users.
SECTION II: TERMS THAT APPLY ONLY TO ACCOUNT HOLDERS
9. Access and Registration. You will have to open an account (“Account”): (a) 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.
A. 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). 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.
B. ForSaleByOwner.com requires all customers to provide a valid credit or debit card upon account creation. ForSaleByOwner.com will pre-authorize your card for $.01. A ‘pre-authorization’ is not a charge, but a means to confirm the card is active. If you have any questions or problems regarding the pre-authorization, please contact your issuing bank/credit card company
10. 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.
11. 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.
12. The Terms at Section IV below also apply to all Site users, including Buyers and Sellers.
SECTION III: TERMS THAT APPLY ONLY TO SELLERS
13. 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.
14. The Services and Your Responsibilities. All Services are subject to availability and prices may vary.
A. Payments and Cancellation for FSBO Offerings. All FSBO offerings that are not free must be paid for with a credit card. 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). Your listing will not have been canceled until you receive a confirmation from us, either via email or telephone. Cancellation or removal of your ForSaleByOwner.com offering is independent of changes to property information. Refer to Section 15 for information on refunds.
B. The Independent. The Independent Plan allows you to place a full-page listing with photos on our Site, and gives you access to our email message center and open house scheduler, subject to your compliance with these Terms. You are responsible for supplying all listing information and photos.
C. The Partner. Cost: One-time upfront fee paid to ForSaleByOwner.com. Term: until Sold or Cancelled. The Partner provides you with your own Home Listing Coordinator from our partner, Rocket Homes Real Estate LLC. Your listing will be displayed on this site. Professional photos provided by third-party service provider. 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. We may also cancel or delay your order if your home is remote, inaccessible or dangerous to travel to. If these apply, we will refund the photography portion back to your credit card used to complete the purchase not to exceed current photography value of $149.00.
Legal forms included. You are responsible for reviewing, understanding, and correctly completing all paperwork and complying with any terms and conditions of all agreements necessary and applicable to your listing. Legal review of home title is conducted by our affiliate, Amrock, Inc. See Section 15 regarding refunds.
Professional photos provided by third-party service provider. 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. We may also cancel or delay your order if your home is remote, inaccessible or dangerous to travel to. If these apply, we will refund the photography portion back to your credit card used to complete the purchase not to exceed current photography value of $149.00. See Section 15 regarding refunds
D. The Professional. Cost: Up front listing and upon closing fees paid to ForSaleByOwner.com plus any MLS buyer broker/agent fees and commissions paid at closing. Term: 6 months. It provides you with 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. Professional photos provided by third-party service provider. 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. We may also cancel or delay your order if your home is remote, inaccessible or dangerous to travel to. If these apply, we will refund the photography portion back to your credit card used to complete the purchase not to exceed current photography value of $149.00.
MLS rules require that a broker/agent list your home on the MLS; you cannot do this yourself. A real estate broker/agent from our partner, Rocket Homes Real Estate LLC, will contact you to contract with you separately, and that broker/agent will arrange to have your house appear on the MLS. The listing brokerage engaged by ForSaleByOwner.com to fulfill these listings is a trusted and thoroughly vetted partner of ForSaleByOwner.com, Rocket Homes Real Estate LLC. You are responsible for reviewing, understanding and correctly completing all paperwork and complying with any terms and conditions of all agreements necessary and applicable to your local MLS prior to your listing becoming viewable in your local MLS. You must comply with all requests from your listing broker/agent. For homes listed in the MLS, sellers must offer compensation to buyer’s agents who participate in that MLS. This offer of compensation is 3% of the sales price as commission to a buyer’s agent. The commission is only paid if an agent represents the buyer purchasing your home. The buyer’s agent compensation and the $499 fee to Rocket Homes is only payable upon the successful sale of your home. Please refer to the listing agreement with your Broker for exact percentage to be paid a Buyer’s agent at closing. The percentages vary from state to state. Georgia residents may be subject to an additional 0.12% MLS surcharge at close of escrow. Refer to Section 15 for information on refunds.
The terms of any agreement between you and any real estate broker/agent are not endorsed, recommended or otherwise known by ForSaleByOwner.com. and do not change, alter or modify any of the terms agreed to between you and ForSaleByOwner.com. You should carefully review and approve all MLS property listing details and information prior to publication.
MLS services may be subject to additional fees and/or restrictions based on, among other things, changes in law, regulations, MLS rules or the third parties with which ForSaleByOwner.com may contract. The MLS Service expires after six months. You will receive an email notification prior to the expiration date.
ForSaleByOwner.com, 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 AGREEMENT IN ORDER TO COMPLY WITH APPLICABLE LAW OR MLS RULES.
All MLS listings require a buyer’s agency commission if a seller’s real estate broker assists you in finding a buyer and/or if your buyer is represented by a broker/agent. Neither the Service nor these Terms are a solicitation for a listing broker if your property is already listed with a broker.
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.
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.
F. Featured Home as an Upgrade to The Independent, The Partner, or the Professional Listing Plans. Cost: monthly fee. This add-on service 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 A above on how to cancel. Because your property listing rotates into the Featured Home service it will not be viewable all 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.
G. Video Details. Your video will stay up for 6 months. Videos cannot exceed 300 megabytes of data. You are responsible for the quality of the video and posting it to the Site. Videos are only available for The Partner and Professional Plans.
H. Other Third-Party Websites. MLS and third-party syndication services may be subject to additional fees and/or restrictions based on, but not limited to, changes in law, regulations, MLS rules or third party sites which ForSaleByOwner.com LLC contracts with. MLS and leading home site syndication is based on availability subject to each MLS’ rules and regulations. Rocket Homes Real Estate LLC & ForSalebyOwner.com LLC have no say in these rules and regulations. Please be aware that you are not purchasing a listing with third-party sites as part of ForSaleByOwner.com LLC’s services, and that any of those sites may reject your listing for any reason or change in their own services. ForSaleByOwner.com has no control over any third-party sites.
I. Valuation and Property Reports from from Home Junction Inc.. Valuation and Property Reports are provided by a third party, Home Junction. 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.
J. 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, a separate email will be sent to you with links to a webpage where you can review the photos. You can then post the photos 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 a photo shoot but must do so at least 24 hours prior to the originally scheduled time or a fee of $50 will be assessed to the Seller. Seller must contact the photographer directly to reschedule.
ii. Cancellations: Upon purchase of the Pro-Photo Package, our vendors begin to decline other appointments for the time and date of your reservation. If you wish to cancel the Pro-Photo Package you must do so within 48 hours of purchase or 50% of the fee will become nonrefundable. Upon completion of the photography session and digital delivery of the photographs to you, the entire fee for the session becomes nonrefundable. If you are unsatisfied with the photographs, we will work with our vendors to address your concerns. Any refund request due to dissatisfaction will be discretionary by ForSaleByOwner.com LLC depending on the circumstances. Refunds of this nature are not guaranteed. Cancellations due to inclement weather will only be allowed for extreme weather events such as; hurricane, flood, fire, earthquake, tornado, etc, and will be reviewed on a case-by-case basis.
iii. Copyrights: Subject to these Terms, ForSaleByOwner.com, LLC, grants you a limited license to upload the photos. You will have no other rights in the photos.
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. If you are unsatisfied with the photographs, we will work with you and our vendors to address your concerns.
K. 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 pricing your home. You will have no rights to copy or publicly display the Pro Pricing report.
L. How to Remove Your Listing Online After Closing. If your property sells, you must remove your listing from the Site. Removing your property listing from the Site is simple. Login at https://www.forsalebyowner.com/login using your listing number and password. Click on your listing number then click “Cancel.” Cancellation of a listing on the Site has no effect on an affiliate publication or MLS listing. Should you need additional assistance with cancelling your listing, you can contact us in the following ways (i) on our Site, (ii) by e-mail to support@ForSaleByOwner.com or (iii) by phone at 1-888-FOR-SALE (367-7253).
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 16.
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 The Partner and The Professional Plans that Include MLS Services. Because the MLS’ 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 that includes MLS services, particularly after a property listing has been posted to the MLS. We will refund the MLS portion of a Service plan, less a cancellation fee for each, if you cancel before your listing is posted to the MLS, up to 30 days after purchase date. After 30 days, or once your property listing is posted or appears (whichever comes first), no refund is available. Further, ForSaleByOwner.com utilizes a third-party service provider for home photography. If Seller chooses to cancel after photography has been completed, we will refund the purchase price less the price of photography.
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. Modifications to the Services. We reserve to modify the Services with or without notice to you. See Section 20.
3. 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.
SECTION IV: TERMS THAT APPLY TO EVERYONE WHO USES THIS SITE
17. 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, timeliness, 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.
18. 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.
19. 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.
20. 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.
21. 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.
23. 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.
24. 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:
Detroit, Mi 48226
25. 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, 701 Griswold Detroit MI 48226 Attention: Legal Dept.,- Support@ForSaleByOwner.com
26. 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 28 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.
27. 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.
28. Location: You understand and acknowledge that FORSALEBYOWNER.COM, LLC controls and operates this Web site from within the United States of America. This Web site provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Web site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Web site.
29. User IDs and Passwords: Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Web site. You agree to notify FORSALEBYOWNER.COM, LLC immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Web site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
30. The Internet as an Open Network: While certain designated parts of this Web site employ technologies to secure your data and the transmissions between you and FORSALEBYOWNER.COM, LLC, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
31. Recording & Monitoring of Communications: Your communications with us via the Web site, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
32. Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. The company disclaims any representation or warranty that company e-mails are virus free and/or error free. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
33. Prohibited E-mail Content: All of our Team Members are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our Team Member’s employment. The Company does not accept any liability in respect of such communication, and the Team Member responsible will be personally liable for any damages or other liability arising. Please report any such violations to FORSALEBYOWNER.COM, LLC at (888) 367-7253 or firstname.lastname@example.org. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our Team Members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company’s e-mail facilities for purposes of to soliciting our Team Members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.
34. Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.
35. Confidential Information: E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the e-mail should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.
36. Permission to Be Contacted: By submitting information to FORSALEBYOWNER.COM, LLC through the Web site or otherwise, you are making an inquiry as to FORSALEBYOWNER.COM, LLC’S programs and services and give FORSALEBYOWNER.COM, LLC and its affiliates including but not limited to Rocket Homes, Quicken Loans, Amrock Title and the Family of Companies permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
37. Opt Out: e-mails sent by ForSaleByOwner.com may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service not already purchased. If you do not wish to receive advertising and promotional messages from ForSaleByOwner.com, you may opt-out by sending an e-mail to support@ForSaleByOwner.com