FSBOAdvertising Terms and Conditions of Use
1. The prices and complete descriptions of all our advertising packages, services, and products are posted on our List My Property page.
2. FSBOAdvertising is not providing or attempting to provide any real estate, appraisal, legal, or other professional services. FSBOAdvertising is engaged in providing real estate Advertising services only. If legal, appraisal, or real estate advice, or other professional services or assistance is required to assist any FSBOAdvertising user or advertiser in any way, you are hereby recommended to seek advice from a licensed professional with experience dealing with the nature of the matter you need assistance with .
3. FSBOAdvertising is publishing this site and it's advertising content without warranty of any kind whatsoever, and makes no representations whatsoever regarding the accuracy, completeness, or otherwise as to the content of the site and the advertisements. FSBOAdvertising publishes ads without editing or review as to content accuracy or completeness and does not undertake to verify the accuracy nor completeness of ads. FSBOAdvertising publishes the Newsletters By Real Estate Professionals without editing as to content and does not undertake to verify the accuracy or completeness of their content. The content of this site and it's advertisements are published for use "as is". FSBOAdvertising hereby expressly disclaims any representation and all warranties of every kind and nature, INCLUDING without limitation ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE, and every other kind now or hereafter imposed by any governmental authority. FSBOAdvertising hereby expressly warns all potential buyers to verify all property information and transaction details for yourself, FSBOAdvertising does not perform any verification of advertising content as to accuracy nor completeness. Likewise, FSBOAdvertising has not and does not undertake to verify the completeness nor accuracy of the content of any third party web site which is referenced on this site nor any third party content provided in this site nor any third party service advertised on this site. All such references to third parties, their sites, their services, and this sites content provided by any third parties is for the users convenience and it is the users responsibility to evaluate the accuracy and completeness of such third party content/site/services for themselves.
4. Neither FSBO Advertising Service, Inc. (herein FSBOAdvertising) nor any of its officers, directors, employees or agents will be liable 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 FSBO Advertising Service, Inc. 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 FSBO Advertising Service, Inc. or any of its officers, directors, employees or agents. This agreement shall be governed by the laws of the State of Texas (without reference to its choice of law provisions) and Venue shall be in Harris County Texas in all circumstances. In the event that any provision herein shall be declared void or unenforceable than to the fullest extent possible the remaining terms shall continue to apply. THE PARTIES SPECIFICALLY AGREE THAT IN ANY AND ALL CIRCUMSTANCES THE MAXIMUM DAMAGES (inclusive of all amounts for attorney fees) which FSBO Advertising Service, Inc. or any of its officers, directors, employees or agents will be liable for SHALL BE THE TOTAL SUM ACTUALLY PAID TO FSBO Advertising Service, Inc. AND THIS LIQUIDATED DAMAGE CLAUSE IS INTENDED TO BE IN FULL FORCE AND EFFECT IN ALL CIRCUMSTANCES, THE CONSIDERATION FOR SUCH AGREEMENT BEING THE DISCOUNTING OF THE PRICE OF THE SERVICES TO START WITH.
5. FSBOAdvertising reserves the right, at its sole discretion, to modify the contents of this site at any time without notice. Price and availability of any or all of our services or products, including the publishing of this site in it's entirety are subject to change without notice. Prepaid advertising will be refunded pro-rata only in the event the entire publication of this web site ceases. FSBOAdvertising's distribution of it's ads to third-party sites is a FREE service which is provided on an as desired by FSBOAdvertising basis and at FSBOAdvertising's sole discretion and is also subject to the terms of it's arrangements with such third parties and subject to the terms of service of said third parties. These distribution arrangements with third-parties may be changed or discontinued by FSBOAdvertising at any time and without notice to the advertisers.
6. FSBOAdvertising reserves the right to refuse to publish or to discontinue publishing any advertisement or mls listing in FSBOAdvertising's sole discretion. Any prepaid ad or listing which is refused publication or cancelled BY FSBOAdvertising PURSUANT HERETO after publication will be refunded pro-rata.
7. FSBOAdvertising is a Trademark of FSBO Advertising Service, Inc. All site design, text, graphics, the selection and arrangement thereof, and all software are Copyright, FSBO Advertising Service, Inc., ALL RIGHTS RESERVED. All references herein to "FSBOAdvertising" shall refer to FSBO Advertising Service, Inc. Permission is granted to use this site and it's contents for the sole purpose of pursuing the user's desire to purchase or sell real estate. Those users may copy only those portions of this site's advertisement content which is of assistance to said users for the sole purpose of pursuing their real estate transactions. Any other use of the information and material on this site, including without limitation, reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of FSBOAdvertising is strictly prohibited unless specifically requested by FSBOAdvertising. Use of this site for the purpose of gathering information either for use of any kind or for republication (unless specifically requested by FSBOAdvertising) or SOLICITING the advertisers for commercial or other purposes is EXPRESSLY PROHIBITED. FSBOAdvertising reserves the right, and all users expressly consent to these procedures, to employ such procedures as it deems necessary to detect any unauthorized solicitation of advertisers or information gathering. In addition to and without limiting any other legal remedy available to FSBOAdvertising either at law or in equity, in relation to it's enforcing this non-solicitation/information gathering provision, it is expressly stipulated that all gross revenues along with all other commercial benefits accruing to any solicitor/information gatherer violating this restriction shall be the property of FSBOAdvertising Service and it shall be entitled to its Attorney fees and cost associated with any legal proceeding brought to collect said revenues or benefits in the event they are not remitted to FSBOAdvertising immediately upon receipt of same by any such violating solicitor/information gatherer.
8. FSBOAdvertising's "Internet Plus" advertisers authorize FSBOAdvertising to distribute hard copies of their advertisement directly to potential buyers who request hard copies by either fax or direct mail. FSBOAdvertising reserves the right to limit hard copy deliveries of any specific advertisement by U.S. Mail to a maximum of 40 per month. All Advertisers hereby grant FSBO Advertising Service, Inc. an Irrevocable but Non-Exclusive Copyright License covering the entire content of the Advertiser's advertisement, including but not limited to the electronic photo images. FSBO Advertising, in it's sole discretion and as it desires, may publish or cause to be published any such content in whole or in part, in any other Real Estate Advertising Web Site or Real Estate Advertising Print Publication. All Advertisers hereby undertake the sole obligation to timely modify their ad to indicate if the property has been sold or is no longer offered for sale. All Advertisers hereby warrant that the entire contents of their ad are true and correct to the best of their knowledge and belief and undertake to timely modify their ad to correct any errors or incorrect information that comes to the attention of the Advertiser. Each Advertiser hereby agrees to Indemnify and hold FSBO Advertising Service, Inc. totally harmless from any and all cost, risk, expense, or liability of any and every kind which may result from any incorrect or misleading information being included in the Advertisers ad or the publication of the ad itself.
9. Except as expressly set forth herein, no refunds shall be made. There is no refund for internet advertising (FSBO Ads) after the ad is published online. There is no refund for mls listing fees or realtor.com listings after the listing is input by the real estate agent. If termination of any mls listing service or realtor.com listing is requested in writing before the listing is actually input by the real estate agent (no service was actually provided by the real estate agent) and an exception to this no-refund policy is requested, a realtor service cancellation fee of $99 shall be non-refundable in such case and a partial-refund of the amount of the mls input fee paid (the Hybrid FSBO-MLS package price less the $99.50 attributable to the FSBO ad included in those package prices which is also non-refundable) less said $99 non-refundable realtor service cancellation fee will be made. There is no refund for signs or products after they are shipped and there is a $49.50 shipping/handling/restocking fee for any sign/product shipment which is returned undelivered. There is no refund for virtual tours after the photographer is assigned.
10. FSBOAdvertising expressly reserves the right, at it's sole discretion, to electronically block either the access to our sites or the use of any of the sites features by any specific user.
11. Your use of the FSBOAdvertising site or advertising therein shall constitute your acceptance of these terms and conditions. FSBOAdvertising may amend these terms and conditions by posting any change on this page. Additionally, if any term herein is ruled non enforceable or illegal or not given the full effect ands consequence that it was intended for any reason in any jurisdiction, then as and to the full extent possible all the other terms herein shall remain fully applicable and enforceable.
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