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This page sets forth the "Terms and Conditions" under which you may
use FSBOVolusia.com (the “Web Site”). Please read this page carefully.
If you do not accept these Terms and Conditions, you are not authorized to use
the Web Site. By using the Web Site, you are indicating your agreement to be bound
by these Terms and Conditions, without modification. Sddall, llc (the "Company")
may revise these Terms and Conditions at any time by revising this page. You are
responsible for regularly reviewing these Terms and Conditions. If you use the
Web Site after any revision the Company makes to these Terms and Conditions, you
agree to be bound by the Terms and Conditions as so revised.
Equal Housing Opportunity:
We are pledged to the letter and spirit of U.S. policy for the achievement of
equal housing opportunity throughout the Nation. We encourage and support an
affirmative advertising and marketing program in which there are no barriers
to obtaining housing because of race, color, religion, sex, handicap, familial
status or national origin.
ACKNOWLEDGING WHO WE ARE AND WHAT WE DO
- Our company is a real estate advertising company only, all signage
provided is rented by our company to the customer.
- We do not provide brokerage, legal, appraisal, or any other professional
real estate services.
- The company does not employ any real estate professional such as Realtors
or Brokers.
ELIGIBILITY FOR SERVICE
If you purchase any service offered on FSBOVolusia.com you assert that:
- You will abide by the service agreement
- All information you supply to FSBOVolusia.com, to the best of your
knowledge is true and accurate.
- You are the legal owner of the property you are listing.
- You are both owner and seller, therefore advertising your property
on a “For Sale By Owner” basis, with yourself named as seller. If
you are a broker/owner, you will disclose that fact in the description of your
ad.
- The content of your ad will not reference any other website.
- If, during the term of your listing on FSBOVolusia.com, you request
another party be named as seller, then your ad will be discontinued and expired.
- The property seller is responsible for the accuracy of the listing.
Those knowingly misrepresenting their property will be asked to correct the
inaccuracy. Refusal to do so may result in the termination of your listing.
- The Company expressly has the right to remove any listing form FSBOVolusia.com
if you are not in compliance with any of these policies.
FEES AND REFUNDS
- Since most of our expenses are incurred at the beginning of your listing,
we cannot offer a refund after we have visited the listed property for photo
shoot and/or sign delivery – usually within 2-3 business days.
- If you cancel your listing within or before 24 hours from submission,
we offer a 100% refund. After 24 hours we will have commenced sign production.
- We do not prorate the cost of our services for any reason.
- The company is an advertising company and does not guarantee the sale
of your property.
DURATION OF LISTING
- Your listing remains active on FSBOVolusia.com until your property
is:
- Sold
- Taken off the market
- Listed with a Realtor
- Eight months have passed from subscription date, unless you renew.
- The signs will remain in your possession as long as your listing remains
active, as defined above.
CHANGES TO LISTING:
You agree to maintain the information of your listing by promptly altering it
to reflect the most current conditions (e.g., Sale Pending, or Price Reduction).
Customers may login to their account to change information as needed.
USER REGISTRATION AND PASSWORD. You are responsible for maintaining the confidentiality
of any password you may receive. You are responsible for all uses of your password,
whether or not authorized by you. You agree to notify the Company immediately
of any unauthorized use of your password.
User Submissions. You are solely responsible for the form and accuracy of any
content or other communications you upload, post or sent to or through the Web
Site.
We do not represent the buyer or seller in any respect. Further, FSBOVolusia.com
makes no guarantees or warranties and assumes no responsibility with respect
to any of the content information or accuracy thereof. Buyers are to independently
verify the accuracy and completeness of all information contained within each
property advertised.
ADVERTISING IN OTHER MEDIA
- Your property may be advertised or marketed in other forms of media,
such as newspapers, magazines, radio, and television. If you expressly notify
FSBOVolusia.com that you do not want any additional advertising done we will
only advertise your property on our site.
- At no time during the period your property is listed on FSBOVolusia.com
may the property also be listed with a real estate agent/Broker. In the event
you decide to list with a real estate agent/Broker, it is your responsibility
to notify us immediately. We will then pick up all rented signage. If you suspect
a listing on our site is also listed with an agent/broker or on the MLS please
notify us immediately.
PHOTOS
- Upload photos while logged into your account.
- Mail printed photos to us. It is your responsibility to provide a self
addressed stamped envelope with the photos if you choose to have them returned.
If no self addressed stamped envelope is provided they become property of the
company. The company is not responsible and does not guarantee the return of
the photos once in the United States Postal Service.
END OF SERVICE
- Your listing will expire as soon as your property is sold, taken off
the market, listed with a real estate agent or eight months have passed from
subscription date.
- You agree to notify the company immediately following the real estate
closing so that we may pick up our signage and change the status of your property
on our site to “Sold”. If for any reason you decide to cancel your
listing for any reason, simply notify us at CANCEL@FSBOVolusia.com. We will
then come out to the listed property within three to five business days to collect
all signage.
Sign Policies
Our company provides you with the rental of attractive, professional signage.
- Yard Sign Underground Utility/Sprinkler Policy:
It is your responsibility to call your local utilities prior to sign placement
for utility locating. It is your responsibility to place a flagged-marker in
the location that the Yard Sign is to be safely located. In the event that a
flagged-marker has not been placed by the customer to locate the placement of
the Yard Sign, the company is granted the permission to do so. The company,
in any instance, is not responsible for damage to any underground utilities
or sprinkler systems from the placement of Yard Signs. The company is not responsible
for any bodily or property damage from any individual who attempts to install,
remove, or relocate any sign, that has been provided by the company. Purchasing
any of our services indicates your agreement and compliance with this policy.
- Delivery & Placement of Signage:
All signage will be delivered in approximately 4-5 business days form the time
of listing with this website, weather permitting. During Hurricanes it is the
responsibility of the seller to secure signage.
The Yard Sign is the only sign to be installed by our company. All other signage,
such as directional and open-house signs are to be placed by the customer. These
signs will be laid at your front or side entrance (or other place, if you specify)
for you to install. The company is not responsible for any fine or penalty resulting
from unlawful placement. The customer is responsible for any consequences that
may result from the placement of these signs.
- If your property is within a HOA (Home Owners Association) which has
special signage requirements please let us know and we will coordinate with
your HOA. If you live in a condominium or HOA that does not allow signage none
will be delivered.
- Writing on Signage:
All signage (with the exception of the open-house sign and the directional sign)
must not be tampered with, written upon or destroyed in any way. The open-house
and directional sign will have an area to write the address of your home, directing
drive-by traffic to your property. Even though this sign has been written on
it will still be collected at the appropriate time. The signs production cost
will be charged for any sign that is written on (with the exception of the open-house
and directional signs)
- Returning all signage:
You are required to make all signage and brochure boxes available for pick up
at the expiration or cancellation of your listing. You are required to gather
the directional sign, and open-house sign for pick-up. You are responsible for
their safekeeping.
The yard sign is only to be removed by our company. The customer is held responsible
for any damaged or missing yard sign and/or parts. Fees are: $100 per yard sign
not returned.
USES OF THE WEB SITE GENERALLY: The Web Site may be used only for lawful and
proper purposes. Provided that you otherwise fully comply with the provisions
of these Terms and Conditions, the Company authorizes you to view, download
and print out a single copy of any material on the Web Site, solely for your
personal, noncommercial use.
The content of the Web Site, including but not limited to text, graphics, images,
sounds, music, logos, button icons, software, individual screen displays, operational
characteristics and functionalities, machine-readable code (Object Code), human-readable
code (Source Code), and HTML code (collectively, the "Materials"),
are protected under United States and international copyright, trademark and
other laws. All Materials are the property of the Company or its content suppliers
or clients. The compilation (meaning the collection, arrangement and assembly)
of all content on the Web Site is the exclusive property of the Company and
protected under United States and international copyright laws. Unauthorized
use of the Web Site and/or the Materials may violate copyright, trademark, and
other laws, and is a breach of these Terms and Conditions. You may not remove
or obscure any copyright, trademark, service-mark or other proprietary notice
contained in any Materials on any copy you make of such Materials. Unless otherwise
specified herein, you may not modify, print out, distribute, transmit, publicly
display, publicly perform, communicate to the public, reproduce, publish, license,
create derivative works from, transfer or sell any of the Materials. The use
of any of the Materials on any other web site or in a networked computer environment
for any purpose is prohibited.
PROHIBITED USES OF THE WEB SITE: You agree to use the Web Site only to upload,
post, send and receive content that is legal and proper and related to the purpose
of the Web Site. By way of example, and not as a limitation, you agree that
when using the Web Site, you will not:
- Upload, post, send or receive any content, or otherwise use the Website,
in violation of any applicable law or regulation.
- Upload, post, send or receive any content, or otherwise use the Website
in a manner that will infringe the copyright, trademark, trade secret or other
intellectual property rights of others, or violate the privacy, publicity or
other personal rights of others.
- Upload, post, send, or receive any content or information that is defamatory,
obscene, indecent, sexually explicit, threatening, abusive, hateful, harassing
or embarrassing to another user or to any other person or entity.
- Upload, post or send any incomplete, false, inaccurate or misleading
information.
- Impersonate another person, firm or corporation.
- Upload, post or send any franchise, pyramid scheme, "club membership,"
distributorship or sales representative agency arrangement or other business
opportunity that requires an up-front or periodic payment, pays commissions
only (no significant salary), requires recruitment of other members, sub-distributors
or sub-agents.
- Send unsolicited e-mail, including promotions and/or advertising of
products or services.
- Delete or revise any material uploaded or posted by any other person
or entity.
- Attempt to interfere with service to any user, host or network, including,
without limitation, by means of uploading, posting or sending any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines
or engines that are intended to damage, interfere with, surreptitiously intercept
or expropriate any system, data or information, including by overloading, "flooding,"
"spamming," "mailbombing" or "crashing” it.
- Use any device, software or routine to interfere or attempt to interfere
with the proper working of the Web Site or any activity being conducted on the
Web Site.
- Take any action that imposes an unreasonable or disproportionately
large load on the Web Site's infrastructure.
- If you have a password that allows access to any non-public area of
the Web Site, disclose to or share your password with any third party or use
your password for any unauthorized purpose.
- “Data mine.”
- Attempt to decipher, decompile, disassemble or reverse engineer any
of the software comprising, or in any way making up, any part of the Web Site.
- Access any content not intended for your use or log into a server or
account that you are not authorized to access.
- Attempt to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization.
- Forge any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
Actions that contravene these prohibitions or that otherwise compromise the
security of the Web Site or the Company’s system or network may result
in civil or criminal liability. The Company will investigate suspected compromises
of its security, may take any action it deems necessary or appropriate in response
to any contravention of these prohibitions or in response to security compromises,
and may cooperate with law enforcement authorities in prosecuting users who
are involved in such compromises and/or violations.
LINKS TO OTHER SITES: The Web Site contains links to third-party web sites.
These links are provided as a convenience to you. The Company does not control
and is not responsible for the content of third-party web sites to which the
Web Site may be linked, and does not make any representations regarding the
accuracy, copyright compliance, legality or decency of any of the content or
other materials on such third-party web sites.
Hold Harmless Clause: In using this site and the services offered herein, you
agree to hold harmless any of its officers, directors, employees or agents from
any liability for damages arising out of or in connection with the use of this
site or any third party site/content/service referenced herein. This is a complete
limitation of liability that applies to all damages of any and every kind, including
(without limitation) compensatory, direct, indirect or consequential damages,
loss of data, income or profit, loss of or damage to property, personal injury,
and claims of third parties. Users and advertisers HEREBY RELEASE AND DISCHARGE
FSBOVolusia.com and SDDALL, LLC and its officers, directors, employees and agents
for any and all claims pertaining to their use in any way of this site and any
third party site/content/service referenced herein, EXPRESSLY INCLUDING WITHOUT
LIMITATION ANY CLAIM OF NEGLIGENCE AGAINST FSBOVolusia.com and SDDALL, LLC or
any of its officers, directors, employees or agents.
Privacy Statement: FSBOVolusia.com will not knowingly share information provided
by you with anyone except as required or permitted by applicable law. We do
not sell or share names or lists, email address, or any user information.
Liability Disclaimer: The information, software, products, and services published
on this website may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. In no event shall the company
and its affiliates be liable for any direct, indirect, punitive, incidental,
special or consequential damages arising out of or in any way connected with
the use of this website, whether based on contract, strict liability or otherwise,
even if the company and affiliates have been advised of the possibility of damages.
"Sold" Listings
When an advertiser notifies us that their property has been sold we leave the
listing on the site with the legend "Sold" superimposed for a period
of time. This is as a courtesy so that buyers who had an interest in that property
can see that the property is no longer on the market. It is not a claim that
FSBOVolusia.com sold the property - we are selling internet advertising not
real estate or real estate services.
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