FsboHomeListings.com, LLC., having a principal place of business at 576 Boyson Rd NE, Suite 106, Cedar Rapids, IA, 52402, provides the services offered on the FsboHomeListings.com Web site (the “Services”) to you, subject to and under the following Terms and Conditions (the “Terms” or the “Agreement”). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON FsboHomeListings.com, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. In these Terms, “Web site” refers to FsboHomeListings.com. “You” refers to users of FsboHomeListings.com. “Customers” refers to users who purchase any product or Service on FsboHomeListings.com, including without limitation listing their properties on the Web site. The words “we,” “us,” and “our” refer to FsboHomeListings.com, LLC., the owner and operator of this Web site. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.
1. Access and Registration. If you open an Account at FsboHomeListings.com, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access FsboHomeListings.com using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access FsboHomeListings.com using your name in whole or in part without our permission. If you believe someone has accessed FsboHomeListings.com using your user name and password without your authorization, e-mail us immediately at the address listed below. You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access FsboHomeListings.com through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive for a period of one (1) year.
2. Customer Listing, Password, and Security. Customers may create a user name (your e-mail) and password. Customers are responsible for maintaining the confidentiality of their user names, listing numbers, and passwords. You, as a Customer, are solely responsible for all activities that occur under your user name, listing number, and password. As a Customer, you agree to immediately notify us of any unauthorized use of your user name, listing number and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, LISTING NUMBER, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
3. Customer Responsibilities. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, noncommercial purposes only. That is, you agree and acknowledge that your use of the Web site and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on FsboHomeListings.com, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever. YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR LISTING. IF YOU VIOLATE OR FAIL TO COMPLY WITH THIS SECTION 3, YOU AGREE TO COMPENSATE FsboHomeListings.com, LLC. FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $10,000.
4. Customer Responsibilities Concerning Property Listings.
A. Listing Package. Any Customer who registers for a Listing Package will either be billed a one-time flat fee or in the case of the Pay When Sold Program, will be billed a non-refundable processing fee followed by an advertising fee at the time of sale, which entitles the Customer to maintain the property listing until sold. All Customers who purchase a Listing Package are responsible for correctly completing all paperwork necessary and applicable. The Customer will receive one yard sign with custom phone sticker, one brochure box with custom QR code and one “Home for Sale” directional sign. Upon sale of the property, the Customer is responsible for changing the status of the listing to “Sold” thus removing the property from the Web Site. If at anytime, FsboHomeListings.com determines that your listing has been sold, it will be marked as such.
B. Optional Virtual Open House Video Package. Any Customer who selects the Optional Virtual Open House Video Package will be billed a one-time flat fee, which entitles the Customer to receive a personal visit from an FsboHomeListings.com Representative who will travel to the listed property and capture high definition video that will be uploaded to the FsboHomeListings.com web site. A representative from FsboHomeListings.com will contact the Customer and schedule a day and time for the video shoot.
C. Photo/Video Shoot Property Condition. Customer is responsible for having their property in “Show” condition prior to any scheduled photo and/or video shoot. A $30 rescheduling fee plus applicable mileage surcharge will be assessed if a reschedule is needed due to a missed appointment or if the home is not ready for photos and/or video. This includes coming back to the property to capture parts of the interior or exterior. We understand that things can come up where a reschedule is necessary. In those cases, we request that you give us 24 hour notice so that the rescheduling fee can be avoided.
D. Prices and Availability May Vary. Prices are subject to change. Accordingly, check your order confirmation for the pricing of the services/products you purchased. In addition, prices may vary depending on specials, discounts, or rebates that may be in effect at any given time. Some or all services listed may not be available in all areas. Refer to the Sell a Home section for information on pricing and availability.
E. We Do Not Provide Real Estate Broker Services to You. FsboHomeListings.com, LLC or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or Customers; however, FsboHomeListings.com, LLC does not itself engage in real estate broker services on your behalf. All real estate brokerage services are performed by independent, local brokers/agents that have been referred to you by FsboHomeListings.com, LLC. The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by FsboHomeListings.com.
F. How to Cancel Your Listing. If you decide to Cancel your listing you should login to www.FsboHomeListings.com using your username and password. Once in your “Virtual Office” click on “Edit Listing Status” from the left side menu. By selecting “Cancel” your property listing will be removed instantly as shown by the on-screen confirmation.
G. How to Remove Your Listing. If your property sells, you should change the status of your listing to “SOLD” on the FsboHomeListings.com Web site. This will remove your property listing from FsboHomeListings.com property search. Login to www.FsboHomeListings.com using your username and password. Once in your “Virtual Office” click on “Edit Listing Status” from the left side menu. By selecting “Sold” your property listing will be removed instantly as shown by the on-screen confirmation.
5. Reserved.
6. Refunds in General. Under certain limited circumstances, FsboHomeListings.com, LLC. may refund the purchase price or a portion of the purchase price for Services purchased from FsboHomeListings.com.
A. Customer Obligations concerning Cancellation. In certain cases in its sole discretion, FsboHomeListings.com, LLC. will attempt to make reasonable efforts to accommodate its users and Customers that purchase products or the Services from FsboHomeListings.com and subsequently attempt to cancel such purchase. However, it is ultimately your responsibility to promptly inform FsboHomeListings.com, LLC. that you are cancelling a purchase in accordance with express terms of this Section 6, and FsboHomeListings.com, LLC. is under no obligation to make accommodation for users of Customers that attempt to cancel or to issue refunds unless the express provisions of this Section 6 apply. FsboHomeListings.com, LLC. IS NOT RESPONSIBLE FOR AND NEED NOT HONOR CANCELLATION REQUESTS THAT IT DOES NOT RECEIVE OR DOES NOT RECEIVE IN A TIMELY FASHION.
B. Technical Problems or Computer/Browser Requirements. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE WEB 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 TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A FAILURE TO VIEW YOUR PROPERTY LISTING THAT IS DUE TO YOUR COMPUTER’S OR YOUR BROWSER’S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS OF FsboHomeListings.com. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE.
C. Yard Signs and Related Products. THERE ARE NO REFUNDS FOR YARD SIGNS OR OTHER PRODUCTS THAT ARE SENT TO YOU IN CONNECTION WITH OUR SERVICE PLAN. If a sign or other product is damaged upon receipt, you will be sent a replacement once the damaged product is returned to our office at 576 Boyson Rd NE, Suite 106, Cedar Rapids, IA, 52402.
D. No Refunds Based on Modifications to the Services. THERE ARE NO REFUNDS BASED ON MODIFICATIONS TO THE SERVICES, AS FsboHomeListings.com, LLC. RETAINS THE RIGHT TO MODIFY THE SERVICES WITH OR WITHOUT NOTICE TO YOU. See Section 16.
7. Pay When Sold Program. By participating in the Pay When Sold Program, you agree to pay the upfront non-refundable processing fee (plus applicable taxes). At the time of your home’s sale, you also agree to pay the FsboHomeListings.com advertising fee as specified on the payment page. If you choose the Virtual Open House Video package or any additional signs, these fees will be collected upfront and are also non-refundable. The advertising fee (as specified on the payment page) is due upon the sale of your home unless either of the following occur:
1) Customer returns their FsboHomeListings.com Sign Package to our corporate office at 576 Boyson Road, Suite #106, Cedar Rapids, IA 52402 and cancels their listing at FsboHomeListings.com and their home does not sell by owner within 60 days after canceling the FsboHomeListings.com listing. If the home sells by owner within the 60 day period following cancellation of the listing, the advertising fee will be charged. If you fail to cancel your listing and it is determined to have been sold, the advertising fee will be charged.
2) Customer presents a signed purchase agreement by a licensed real estate agent verifying the property was listed and sold by a full-service agent. If you chose to accept an offer wher a buyer’s agent is involved, you will still be obligated to pay the above mentioned advertising fee.
8. Third-Party Services. Any dealings or communications you have through FsboHomeListings.com with any party other than FsboHomeListings.com are solely between you and that third party. YOU UNDERSTAND, ACKNOWLEGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL FSBOHOME.COM, LLC. HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOU HAVE PURCHASED A SERVICE THROUGH A THIRD PARTY.
9. Product Purchases from FsboHomeListings.com On-Line Store. All items purchased from the on-line store at FsboHomeListings.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. FsboHomeListings.com, in its sole discretion, may reship an item to you even if you bear the risk of loss for such item. However, under no circumstances will a refund be issued for an item not delivered to you. FsboHomeListings.com, LLC. and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions in the on-line store at FsboHomeListings.com are accurate, complete, reliable, current, or error-free. IF A PRODUCT OFFERED BY FsboHomeListings.com ITSELF IS NOT AS DESCRIBED, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN IT IN UNUSED CONDITION. NO PRODUCT THAT HAS BEEN USED MAY BE RETURNED BY A CUSTIOMER. MOREOVER, PRODUCTS PURCHASED FROM THE FsboHomeListings.com ON-LINE STORE ARE, IN MOST CASES, SHIPPED THE SAME DAY THAT THEY ARE ORDERED; ACCORDINGLY, SUCH PURCHASES CANNOT BE CANCELLED AFTER THEY ARE MADE. ANY RETURN OR REFUND FROM THE FsboHomeListings.com ON-LINE STORE MUST BE APPROVED BY FsboHomeListings.com, LLC. IN ADVANCE.
10. Consent to E-mail Communications from FsboHomeListings.com. From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by FsboHomeListings.com. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON FsboHomeListings.com, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM FsboHomeListings.com.
11. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, FsboHomeListings.com, including for example communication during registration, communication on any FsboHomeListings.com bulletin board, message or chat area, posting any listing or other content (including without limitation written or graphical content), placing any classified advertisement, entering any sweepstakes, etc., 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 of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (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. For all such information and material, you grant FsboHomeListings.com, LLC., its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all FsboHomeListings.com affiliated Web sites, to include the information in a searchable format accessible by users of FsboHomeListings.com, other FsboHomeListings.com Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant FsboHomeListings.com 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. Please note FsboHomeListings.com 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 FsboHomeListings.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against FsboHomeListings.com 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.
12. Termination. You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
13. Disclaimers and Limitation of Liability. While FsboHomeListings.com, LLC. uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Web site and assume no liability or responsibility for any error or omission in the such data or information. FsboHomeListings.com, LLC. DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. FsboHomeListings.com, LLC. has no responsibility for actions of third parties or for information provided or posted by others. USE OF FsboHomeListings.com IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER FsboHomeListings.com, LLC. NOR ANY OF ITS SUBSIDIARIES, AFFILIATED OR RELATED COMPANIES, NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS MAKE ANY WARRANTY OF ANY KIND REGARDING FsboHomeListings.com AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; THIRD-PARTY PRE-PAID LEGAL SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH FsboHomeListings.com; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING FsboHomeListings.com OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES FsboHomeListings.com WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. FsboHomeListings.com, LLC. AND ITS SUBSIDIARIES, 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 warrant shall be the minimum required under such application law. FsboHomeListings.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. FsboHomeListings.com DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE FsboHomeListings.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NO EVENT SHALL FsboHomeListings.com, LLC. OR ITS SUBSIDIARIES, 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 FsboHomeListings.com, LLC. OR ITS SUBSIDIARIES, 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 FsboHomeListings.com, LLC. OR 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.
14. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FsboHomeListings.com, LLC., ITS 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 FsboHomeListings.com; (2) FsboHomeListings.com’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.
15. 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 Web site, you will be governed by the Terms then present on the Web site and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION.
16. Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the “look and feel” of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE 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.
17. Terms of Service and Privacy Policy. The Terms of Service and Privacy Policy for FsboHomeListings.com are hereby incorporated by reference into these Terms, and your agreement to these Terms means that you also expressly agree to be bound by the Terms of Service and Privacy Policy for FsboHomeListings.com. For Customers, in the event of a conflict between these Terms, on the one hand, and the Terms of Service and Privacy Policy, on the other, these Terms shall take precedence.
18. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflicts of law provisions.
19. Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and FsboHomeListings.com, LLC. with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement 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 Agreement shall continue in full force and effect. Any failure of FsboHomeListings.com, LLC. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement 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 FsboHomeListings.com, LLC., any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
20. Local Services. Local Services may purchase advertisement(s) in the FsboHomeListings.com Local Services Section. Certain advertising opportunities may be granted at no cost to the Local Service Provider. FsboHomeListings.com reserves the right to upgrade, cancel and/or modify the advertising fees at anytime. Providers are solely responsible for the content of their advertisement(s). FsboHomeListings.com reserves the right to edit said advertisement(s) at any time for any reason. FsboHomeListings.com makes no representations as to the accuracy of the information contained on individual Provider’s advertisements. FsboHomeListings.com makes no representations as to the quality of the services that are advertised at FsboHomeListings.com. FsboHomeListings.com reserves the right to cancel and delete any advertisement(s) for any reason without notice at the completion of the term for which the Provider has paid.
21. Services Provided by Third Parties. We are not responsible or liable for any products or services obtained by or through any other party. The materials displayed on this site relating to services provided by any other party are advertisements and do not constitute an offer or promise to make a loan or provide any other service by us. There is no endorsement by us of any other party or the products and services made available by or through any other web site.
22. Use of E-mail System. By using our e-mail system to contact FsboHomeListings.com Customers, you are agreeing to these Terms, including, without limitation, this Section 22. You agree to use the e-mail system only to contact Customers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on FsboHomeListings.com. In no event may you contact a customer of FsboHomeListings.com using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Customer. IF YOU VIOLATE THIS SECTION 22, YOU AGREE TO COMPENSATE FsboHomeListings.com, LLC. FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $1,000 PER OCCURRENCE.
