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All About Terms of Use
TERMS OF USE FOR FSBOzone™ FAMILY OF WEB SITES
BY VISITING OR USING ANY OF THE FSBOzone™ FAMILY OF WEB SITES
(Including, but not limited to FSBOzone.com™) OR ANY PAGE
OF THE FSBOzone FAMILY OF WEB SITES, EXCEPT THIS PAGE AND HOME PAGES
OF THE FSBOzone WEB SITES, YOU ARE AGREEING TO BE BOUND BY THESE
TERMS OF USE AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT
BETWEEN YOU AND FSBOzone.com, INC. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY OF THE FSBOzone
WEB SITES OR ANY PAGE OF THE FSBOzone FAMILY OF WEB SITES.
FURTHERMORE, BY USING ANY OF THE FSBOzone FAMILY OF WEB SITES,
YOU ACKNOWLEDGE THAT FSBOzone IS NOT A REAL ESTATE BROKER, MORTGAGE
BROKER OR MORTGAGE LENDER. IT DOES NOT AID OR ASSIST BORROWERS IN
OBTAINING, SOLICIT BORROWERS OR LENDERS FOR, NEGOTIATE OR MAKE LOANS
SECURED BY LIENS ON REAL PROPERTY.
INTRODUCTION
FSBOzone, Inc. and/or its partners (together referred to as "FSBOzone")
operate this family of web sites (Including, but not limited to
FSBOzone.com™) and associated web pages. For the purposes
of these Terms of Use, FSBOzone refers to this family as the "FSBOzone
Web Sites."
FSBOzone offers you access to the FSBOzone
Web Sites in exchange for your agreement to accept and comply with
the terms, conditions, and notices stated here and as may be modified
by FSBOzone from time-to-time. FSBOzone refers to these terms, conditions,
and notices, whether modified or unmodified, as the "Agreement"
or as the "Terms of Use". FSBOzone reserves the right
to modify in its sole discretion this Agreement and/or the FSBOzone
Web Sites without providing notification. You are responsible for
regularly reviewing this Agreement. You can review the most current
version of the Agreement at any time at: http://www.FSBOzone.com/whippoorwill/jsp/business/legal.jsp.
BY VISITING OR USING ANY PART OF THE FSBOzone WEB SITES, EXCEPT
FOR THE FSBOzone HOME PAGE AND THESE TERMS OF USE, YOU ARE AGREEING
TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING
CONTRACT BETWEEN FSBOzone AND YOU. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE
FSBOzone WEB SITES.
ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEB SITES OR WEB PAGES
WITHIN THE FSBOzone WEB SITES
Your use of certain web sites and/or web pages within the FSBOzone
Web Sites may be subject to additional terms that are specific to
such web sites and/or web pages (the "Specific Terms")
as either contained (i) on this page below this Agreement and/or
(ii) on such web sites and/or web pages (for example, terms that
typically govern particular features or offers such as sweepstakes
are typically found on the relevant web site or web pages).
To go directly to Specific Terms contained on this page, click
on the appropriate link below:
NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS - These are calculation
tools, not an offer to lend. Interest rates shown are for demonstration
purposes only. Actual market interest rates may vary.
OUTLINE OF TERMS OF USE
For your convenience, FSBOzone here provides a section-by-section
outline of the Terms of Use. To go directly to a specific section
contained in these Terms of Use, click on the appropriate link below.
Please note that this functionality is provided solely for your
convenience and in no way absolves you of your duty to comply with
each and every section of these Terms of Use.
GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE FSBOzone WEB
SITES
INFORMATION PROVIDED TO YOU THROUGH THE FSBOzone WEB SITES
From FSBOzone
From FSBOzone Affiliates
From the Public
Disclaimer
INFORMATION PROVIDED BY YOU THROUGH THE FSBOzone WEB SITES
To FSBOzone
To the Public
Indemnification
SERVICES PROVIDED THROUGH THE FSBOzone WEB SITESM
Non-Commercial Services
Third-Party Services
GENERAL TERMS
GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE FSBOzone WEB
SITES
Except where we specify otherwise, FSBOzone offers you access to
the FSBOzone Web Sites solely for your personal and non-commercial
uses. You promise that you will not use the FSBOzone Web Sites,
in whole or in part, for any purpose that is unlawful or prohibited
by these Terms of Use or for any purposes other than those that
are personal and non-commercial. You agree that you will not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, frame in another Web page,
use on any other web site, transfer or sell any information, software,
lists of users, databases or other lists, products or services provided
through or obtained from the FSBOzone Web Sites. This means, among
other activities, that agree not to engage in the practices of "screen
scraping," "database scraping," or any other activity
with the purpose of obtaining lists of users or other information.
You agree that you will not use the FSBOzone Web Sites in any manner
that could damage, disable, overburden, or impair the FSBOzone Web
Sites or interfere with any other party's use and enjoyment of the
FSBOzone Web Sites. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available or provided for through the FSBOzone Web Sites.
If and when requested by FSBOzone you agree to provide true, accurate
and complete user information and to refrain from impersonating
or falsely representing your affiliation with any person or entity.
Except with the written permission of FSBOzone, you agree that you
will not access or attempt to access password protected, secure
or non-public areas of the FSBOzone Web Sites. Unauthorized individuals
attempting to access prohibited areas of the FSBOzone Web Sites
may be subject to prosecution.
Except with the written permission of FSBOzone, you agree that
you will not create links from any web site or web page to any page
within the FSBOzone Web Sites with the exception of the FSBOzone
Web Sites homepages, including, but not limited to page currently
located at http://www.FSBOzone.com/. The origin of any such link
to the FSBOzone Web Sites homepage must be accompanied by a clear
and prominent attribution indicating that the link is connected
to the FSBOzone Web Sites homepage. For example, prominently positioning
the "FSBOzone" name and mark such that there is clear
association between the name and mark and the destination of the
link is acceptable. However, you agree that you will not juxtapose
the "FSBOzone" name and mark and the link with your name
or any other material(s) in a manner which might give rise to any
erroneous conclusion that there is any affiliation or association
between FSBOzone, on the one hand, and you or any other person or
entity, on the other hand. You agree that if FSBOzone, in its sole
and unfettered discretion, requests in writing that you remove any
link or links to the FSBOzone Web Sites, you will promptly do so.
You agree that if you create any link to the FSBOzone Web Sites
that you will not employ any technology that results in the placement
of content from the FSBOzone Web Sites in a frame and/or a reduced
pop-up window and/or any other display mechanism which changes the
FSBOzone Web Sites from how they would appear if a user typed in
their URL to a typical browser line.
You agree that FSBOzone may in its sole discretion and at any time
terminate your access to and use of the FSBOzone Web Sites, or any
part thereof, with or without notice.
From FSBOzone
The FSBOzone Web Sites contain content and information originated
by FSBOzone (the "FSBOzone Content"). FSBOzone presents
and makes available such content and information through the FSBOzone
Web Sites as a public service, for the sole purpose of aiding you,
the individual consumer. FSBOzone, therefore, cannot guarantee the
accuracy, sufficiency, correctness, veracity, completeness, or timeliness
of such information. You are responsible for confirming the sufficiency
and reliability of any such information.
From FSBOzone Affiliates
For your convenience, the FSBOzone Web Sites contain content and
information from FSBOzone's affiliates and/or links to affiliate
web sites ("Affiliate Content"). Such content is not under
the control of FSBOzone and FSBOzone is not responsible for such
content, including without limitation any link contained in such
content, or any changes or updates to such content. FSBOzone is
providing such content to you only as a convenience, and the inclusion
of such content does not imply endorsement by FSBOzone of such content
or the affiliate. You may be subject to additional and/or different
terms, conditions, and privacy policies when you use affiliate services,
content, software or sites.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING
BUT NOT LIMITED TO FSBOzone CONTENT, AFFILIATE CONTENT, AND PUBLIC
CONTENT, PROVIDED BY FSBOzone THROUGH THE FSBOzone WEB SITES IS
AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. FSBOzone MAKES NO EXPRESS OR
IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO
THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY,
VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. FSBOzone
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FSBOzone SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH
INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE,
INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY
BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE FSBOzone WEB SITES
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
INFORMATION PROVIDED BY YOU THROUGH THE FSBOzone WEB SITES
To FSBOzone
In order for you to participate in certain services that FSBOzone
provides through the FSBOzone Web Sites, FSBOzone will require that
you provide specific information about yourself (the "FSBOzone
Solicited Information"). If you choose to participate in such
services, you agree to provide true, accurate and complete information
and to refrain from impersonating or falsely representing your affiliation
with any person or entity. FSBOzone is committed to maintaining
the privacy and security of any and all such information that you
provide to FSBOzone through the FSBOzone Web Sites. To that end,
FSBOzone urges you to review the FSBOzone Privacy Policy which may
be accessed by clicking on the following link:
Privacy Policy
To the Public
The FSBOzone Web Sites include a number of venues such as bulletin
boards, chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication facilities
designed to enable you to share your thoughts and opinions with
other members of the public ("Your Publicly Posted Information").
Since FSBOzone firmly believes in the value of free and open exchanges,
it makes no effort and is under no obligation to monitor, pre-screen,
or otherwise censor your thoughts and opinions. Therefore, FSBOzone
cannot be responsible for the appropriateness, accuracy, sufficiency,
correctness, veracity, completeness, or timeliness of such thoughts
and opinions. Always use caution when posting any personally identifying
information about yourself or your children on any of the FSBOzone
Web Sites.
You promise that you will not use the FSBOzone Web Sites to:
(a) post, upload or otherwise transmit any content not related to
appropriate subject matters;
(b) post, upload or otherwise transmit any content which is misleading
to others, including consumers;
(c) post, upload or otherwise transmit any content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
(d) post, upload or otherwise transmit any content that you do not
have a right to post and transmit under any law or under contractual
relationships;
(e) post, upload or otherwise transmit any content, such that such
posting, uploading, or transmission constitutes the infringement
of any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
(f) post, upload or otherwise transmit any materials that contain
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; or
(g) intentionally or unintentionally violate any applicable local,
state, national or international law, or any regulations having
the force of law, including the Civil Rights Act of 1866, the Fair
Housing Act, the Americans with Disabilities Act, and the Equal
Credit Opportunity Act.
By posting content to the FSBOzone Web Sites, you grant FSBOzone
a non-exclusive license to (i) host, use, reproduce, modify, distribute,
transmit, combine with information provided by third parties, and
publicly display such content on and through web sites controlled
by FSBOzone, including but not limited to the FSBOzone Web Sites,
and co-branded or mirrored versions of such sites, and in FSBOzone's
promotional or advertising materials, and (ii) sublicense to third
parties such content to the extent necessary for the creation and
maintenance of, in part or in whole, such sites.
You acknowledge that while FSBOzone does not pre-screen content
posted by you to the FSBOzone Web Sites, FSBOzone and its designees
shall have the right (but not the obligation) in their sole discretion
to refuse or remove any content that is posted by you or any other
party to the FSBOzone Web Sites. Without limiting the foregoing,
FSBOzone and its designees shall have the right to remove any content
that violates this Agreement or is otherwise objectionable, and
to terminate your access to any or all of the FSBOzone Web Sites
at any time without notice for any reason whatsoever. You agree
that you must evaluate, and bear all risks associated with, the
use of any content you post to the FSBOzone Web Sites, including
any reliance on the accuracy, completeness, or usefulness of such
content.
FSBOzone reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process
or governmental request.
By posting, uploading, inputting, providing or submitting content
to the FSBOzone Web Sites, you warrant and represent that you own
or otherwise control all of the rights to such content including,
without limitation, all the rights necessary for you to provide,
post, upload, input or submit such content.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD FSBOzone AND ITS, SUPPLIERS, AFFILIATES,
SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY
ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED
BUT NOT LIMITED TO FSBOzone SOLICITED INFORMATION, AFFILIATE SOLICITED
INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION, SUBMITTED, POSTED,
OR OTHERWISE PROVIDED BY YOU TO THE FSBOzone WEB SITES AND/OR FSBOzone
AND/OR ITS AFFILIATES.
SERVICES PROVIDED THROUGH THE FSBOzone WEB SITES
Non-Commercial Services
FSBOzone provides through the FSBOzone Web Sites a number of venues
in which interactive services ("Interactive Services"),
such as on-line calculators, planning tools, and checklists, are
offered to you. Such services are offered by FSBOzone for the sole
purpose of disseminating information for the public's benefit. FSBOzone
cannot guarantee the accuracy, sufficiency, correctness, veracity,
completeness, or timeliness of such services. You are responsible
for confirming the sufficiency and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH FSBOzone'S INTERACTIVE
SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL
ADVICE. FSBOzone MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY
OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND
PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY,
CORRECTNESS, VERACTIY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS
OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED
THROUGH SUCH SERVICES. FSBOzone EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. FSBOzone
SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES
OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING
LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY
ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE
INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO
EVENT WILL FSBOzone BE LIABLE TO ANY USER OF SUCH SERVICES OR TO
ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER
OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION
CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP
USING THE SERVICE.
Third-Party Services
A number of commercial services, such as financial and contractor
services, are offered by third parties through the FSBOzone Web
Sites. You acknowledge that by permitting such services to be offered
through the FSBOzone Web Sites, FSBOzone is acting as a passive
conduit for the transmission to such third parties of any information
related to such services that you submit to FSBOzone. In order for
FSBOzone to distribute your information and facilitate contacts
between you and such third parties, you hereby grant FSBOzone permission
to disclose any and all of the information that you provide to FSBOzone
to any such third party that FSBOzone, in its sole discretion, deems
relevant and appropriate.
Any information that you provide to FSBOzone must be true, complete,
and accurate, must not represent you as someone else or falsely
identify you, and must not violate any law, statute, ordinance or
regulation. You are solely responsible for such information and
for all of the terms and conditions of transactions between you
and such third parties, including, without limitation, terms regarding
warranties, insurance, fees, taxes, titles and licenses. You must
not submit a request for a third party service through the FSBOzone
Web Sites unless you intend, in good faith, to contract with such
third party for the use of such service.
FSBOzone is not and will not be responsible for (i) the terms and
conditions of any transaction between you and any third party, (ii)
any insufficiency of or problems with any such third party's background,
insurance, credit or licensing, or (iii) the quality of services
performed by any such third party or any other legal liability arising
out of or related to the performance of such services. In the event
that you have a dispute with any such third party, you release FSBOzone
(and its affiliates, agents and employees) from any and all claims,
demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such
disputes.
GENERAL TERMS
This Agreement is governed by the laws of the State of Alabama,
U.S.A. You hereby consent to the exclusive jurisdiction and venue
of courts sitting in Alabama, County of Jefferson in all disputes
arising out of or relating to the use of the FSBOzone Web Sites.
Use of the FSBOzone Web Sites is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and FSBOzone as a result of this
Agreement or use of the FSBOzone Web Sites. FSBOzone's performance
of this Agreement is subject to existing laws and legal process,
and nothing contained in this Agreement is in derogation of FSBOzone's
right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the FSBOzone Web Sites or
information provided to or gathered by FSBOzone with respect to
such use. If any part of this Agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Agreement
shall continue in effect. Unless otherwise specified herein, this
Agreement constitutes the entire agreement between you and FSBOzone
with respect to the FSBOzone Web Sites and it supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral or written, between you and FSBOzone with respect to the FSBOzone
Web Sites. A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON
THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FSBOzone, ITS
AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL FSBOzone AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE FSBOzone WEB SITES, WITH THE
DELAY OR INABILITY TO USE THE FSBOzone WEB SITES OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE FSBOzone WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE
FSBOzone WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF FSBOzone OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FSBOzone WEB SITES,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE FSBOzone WEB SITES.
You agree to indemnify, defend and hold harmless FSBOzone, its
partners, affiliates, subsidiaries and suppliers from any liability,
loss, claim and expense (including attorneys' reasonable fees) related
to your violation of this Agreement.
All materials on the FSBOzone Web Sites (as well as the organization
and layout of the FSBOzone Web Sites) are owned and copyrighted
or licensed by FSBOzone, its affiliates or its suppliers. (c) 1999,
2004 FSBOzone Services Co., Inc. All rights reserved. No reproduction,
distribution, or transmission of the copyrighted materials at the
FSBOzone Web Sites is permitted without the written permission of
FSBOzone. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement
should be sent to Service Provider's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
Legal Department
FSBOzone, Inc.
1858 Highway 101
Leeds, AL 35094
Fax (208) 567-1116
Disclaimer:
Information presented here is is being provided to you on an "as-is"
basis. FSBOzone.com, Inc. and its affiliates do not make any representations,
warranties or guarantees, express or implied, regarding the accuracy,
correctness, or completeness of such information, including, without
limitation, pricing, descriptions, designs, data and other features.
It is your sole responsibility to independently evaluate the accuracy,
correctness and completeness of the information presented here.
All information, including pricing, is subject to change without
notice.
PRIVACY POLICY
At FSBOzone.com user privacy is of utmost
concern. We are committed to your privacy and security, and to providing
you the best possible user experience. We may update this policy
from time to time, so please check here frequently.
What do we mean by privacy? We will never disclose your information
to any third party without your consent, except in limited circumstances
to our business partners with whom we have established agreements
that protect your privacy.
Here's how we collect and use information from you in our efforts
to provide the highest quality user experience:
IP Address - Your IP or "Internet Protocol" address and
other site usage data is used to gather broad demographic information.
This data helps us serve you by allowing us to understand how visitors
use our web sites.
Cookies - Our sites use a technology called "cookies,"
small files stored by your browser to help keep track of your user
profile. Our cookies do not collect personally identifiable information,
nor do we share them with anyone. We use cookies to remember your
personal profile for your convenience, to deliver content specific
to your needs and interests, and to ensure you don't see the same
ad repeatedly. We also use cookies to track user trends and improve
areas of our sites that our users find valuable.
Ads - We sometimes use outside companies to display advertising
on our web sites. These ads may place cookies on your computer,
which are referenced by our ad companies. We do not have access
to this information. We use customer contact information from registration
forms to send you information related to our products and services
if you consent to receiving such mailings. Your contact information
may also be used to contact you when necessary for administrative
purposes related to your account. We use your email as a unique
identifier in our record system, to verify communications from you,
and to send you newsletters and promotion offerings that you ask
to receive or to tell you about changes to the FSBOzone.com website.
Demographic information and site usage data is also collected on
our sites. We use this data to tailor your experience, allowing
us to provide content related to your preferences and information
on products or services we think you may be interested in.
Email Services - If you take advantage of any email notification
features on our sites, you will receive email updates as described
in the service. The FSBOzone.com website provides users the opportunity
to opt-out of receiving communications from our partners and us.
Users can remove their personal information from the database of
a particular site by sending a request by email to
and typing "unsubscribe"
in the subject line along with any perinent information in the body.
Personal Tools - Certain products on our sites, like the FSBOzone.com
Personal Planner, allow you to store your personal information for
future use. We do not share this information with third parties.
Order Forms - Our sites use forms for you to request information,
products and services. We collect financial information to bill
you for the products and services you indicate. (See "Your
Security" below for more on how we safeguard your financial
information and social security information.) We collect social
security information to provide credit check, loan application and
similar services. We collect contact information, unique identifiers
and demographic information for the purposes described in "Registration"
above. See "Disclosure" for more information on when we
provide your information to third party business partners.
Contests and Surveys - Online, we may also survey visitors for contact
information, unique identifiers and demographic information. You
are never required to answer these questions. The information you
submit may be used for analyzing overall site demographics, user
preferences and tastes, and similar "getting to know our customers"
purposes. We may disclose this data to third parties in an aggregated
form (such as summary reports for our advertisers) but never with
user data or identification assigned to the information provided.
When you enter a contest, we will require that you submit a limited
amount of personally identifiable data such as contact information.
We may also ask you questions related to your preferences and age
or background. We will designate which questions are required to
be answered in order to enter the contest. The information you submit
may be used to analyze site demographics and user preferences, and
for similar "getting to know our customer" purposes. We
may share this data with third parties in aggregate form only (as
in summary reports to advertisers), and never in the form of personally
identifiable information.
Your Security - FSBOzone.com, Inc., and its affiliates have taken
the following important measures to protect against loss, misuse
or alteration of your personal information. First, we store no financial
information or social security information on our sites. Although
you may have to enter your credit card number or social security
number twice, we think the benefits of security are worth it. When
we do transmit your data, we use only Secure Servers using current
encryption technology to encode your data safely.
The personal data we do store on our system is protected by firewall
and password. Our network firewall is a combination of hardware
and software designed to keep unauthorized users from accessing
our network. The password you select, along with your unique email
address, prevents others from accessing your information. We suggest
that you do not disclose your password to anyone.
Third parties that have their own privacy policies that may be different
than ours provide Third Party Service Providers - some of the services
available through our website. You should review the privacy policy
of third parties before providing your personal information to them.
Outside Links - While on FSBOzone.com, you may be led to other web
sites. Be aware that other sites may collect data and personal information
and operate according to their own privacy practices. Please remember
that, once outside of our website, any information you submit is
outside of our control.
Disclosure - To provide you the best products and services, we team
with business partners. When you indicate that you want to receive
a product or service, or contact a person or organization, we share
the data needed for you to receive what you have indicated. Occasionally,
we hire consultants that may need access to our member database
to perform their services for us. We take great care to require
that these business partners agree by contract not to use any member
information that they may receive access to.
FSBOzone.com may contract with outside companies to administer our
mailing lists or provide retail services. Your personal information
may be shared with an outside company for the sole purpose of administering
the products, services and programs you have selected.
Choice/Opt-out - The FSBOzone.com website provides you the opportunity
to opt out of receiving communications from our partners and us.
To remove your personal information from one of our web sites, email
a request to the site at the address listed in "Contacting
Us." To remove your name from an email service, simply reply
to the email and type "Unsubscribe" in the subject line.
Correct or Update - You can change or update your personal information
for a particular ad, such as the FSBOzone.com by going to the "Modify
your ad" or " cancel your ad" section of the site
and following instructions to update your information.
Contacting Us - If at any time you feel that the FSBOzone.com website
has not adhered to this policy, email us
and we'll do our best to determine
any problem and quickly respond. If you have questions or concerns
about our privacy policy, please contact us
. And check this page periodically
for changes in our privacy policy.
This FSBOzone.com, Inc., privacy policy does not extend to any information
that is inherent in the operation of the Internet, and therefore
beyond the control on FSBOzone.com, Inc., and is not to be applied
in any manner contrary to applicable law or governmental regulation.
We reserve the right at our discretion to make changes to this policy
at any time.
FSBOzone.com, Inc., and its affiliates may disclose your personally
identifiable information if required to do so by law or in the good-faith
belief that such action is necessary to (1) conform to the requirements
of the law or comply with governmental orders, court orders, or
legal process served on FSBOzone.com, Inc., or its affiliates; (2)
protect and defend the property or rights of FSBOzone.com, Inc.,
and its affiliates or the users of FSBOzone.com.
Money-Back Guarantee
Policy (Valid for internet listings only posted after 1/07/2004)
We offer a Money-Back Guarantee that our services will result in
the successful sale of your property. The guarantee is:
We will, upon request as set forth below, refund the listing fee
paid by you for your listing on FSBOzone.com in the event you have
continuously listed your property for 12 consecutive months and
such property has not been sold or received a binding offer of sale
in the 12 months from the date upon which your listing was activated
on FSBOzone.com's web site ("service failure") and you
retain the services of an agent affiliated with FSBOzone.com.
This Money-Back Guarantee is your exclusive remedy in the event
of a service failure for the recovery of all or any portion of the
FSBOzone.com charges for a listing. Only the listing fee will be
refunded. This Money-Back Guarantee may be terminated by us at any
time (which will be posted on the web site) in which event, there
will be no remedy or recovery of charges for a service failure.
To qualify for a refund due to a service failure, you must notify
us of the service failure and request a refund of your listing fee
in compliance with the conditions listed below. If you do not comply
with these conditions, you are not entitled to receive a refund.
Requests for refund of the listing fee due to a service failure
must be mailed to the following address:
FSBOzone.com
1858 Highway 101
Leeds, AL 35094
Your notification of a service failure must include your FSBOzone.com
listing number.
All requests for refund must be received via one of the approved
channels within 15 calendar days after the twelve month anniversary
from the date from which the listing was activated on FSBOzone.com's
web site.
FSBOzone.com will not be obligated to refund your listing fee under
the Service Failure Money-Back Guarantee if:
The service failure resulted, in whole or in part, from any failure
by you in complying with the "Terms and Conditions" of
our web site.
The service failure resulted, in whole or in part, from any failure
by you in complying with the terms and conditions of a real estate
binder or contract of sale. We reserve the right to request a title
report (at the owner's expense) prior to issuing a refund.
The listing was created without correct contact information (phone
number and email address) or such contact information was not properly
maintained.
The ForSaleByOwner.com Money-Back Guarantee does not apply to any
listing containing fraudulent or incorrect information.
The following limitations also apply to the Service Failure Money-Back
Guarantee:
Refunds will be made or applied to the payor's account only. Only
one refund is permitted per listing even if such listing appeared
more than once.
THIS LIMITED WARRANTY IS EXCLUSIVE AND INSTEAD OF ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT LIABLE FOR CONSEQUENTIAL,
INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES
ARE BASED UPON TORT, CONTRACT, BREACH OF WARRANTY OR OTHER CLAIMS.
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