Terms
of Service
1. ACCEPTANCE OF TERMS
Welcome to Land-fsbo. Land-fsbo provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. You can review the most current version of the TOS
at any time at: http://www.Land-fsbo.com/terms.cfm. In addition, when using
particular Land-fsbo services, you and Land-fsbo shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into the
TOS. Land-fsbo also may offer other services from time to time.
2. DESCRIPTION OF SERVICE
Land-fsbo
currently provides users with access to a rich collection of resources,
including, various communications tools, e-mailings, shopping services,
personalized content and branded programming through its network of
properties (the "Service"). You also understand and agree that
the Service may
include advertisements and that these advertisements are necessary for
Land-fsbo
to provide the Service. We occasionally e-mail our users of Real Estate
related
advertisements. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new Land-fsbo
properties, shall be subject to the TOS. You understand and agree that
the
Service is provided "AS-IS" and that Land-fsbo assumes
no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications
or
personalization settings.
You are responsible
for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges).
You are responsible for those fees, including those fees associated with
the
display or delivery of advertisements. In addition, you must provide and
are
responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted
by the
Service's registration and Land sales form (such information being the
"Registration Data")
and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue,
inaccurate, not current or incomplete, or Land-fsbo has reasonable grounds
to
suspect that such information is untrue, inaccurate, not current or incomplete,
Land-fsbo has the right to suspend or terminate your account and refuse
any and all
current or future use of the Service (or any portion thereof).
4. Land-fsbo PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at
"http://www.Land-fsbo.com/privacy.cfm".
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Land-fsbo of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. Land-fsbo cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not Land-fsbo, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. Land-fsbo does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will Land-fsbo be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any Content
that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially,
ethnically or otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited to, a Land-fsbo
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to disguise
the
origin of any Content transmitted through the Service;
e.
upload, post, email, transmit or otherwise make available any Content
that
you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of
employment relationships or under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise make available any Content
that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam,"
"chain letters," "pyramid schemes," or any other form
of solicitation, see
privacy statement for
fines of spamming: http://www.Land-fsbo.com/privacy.cfm ;
h.
upload, post, email, transmit or otherwise make available any material
that
contains 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;
i.
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than
other users of the Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
j.
interfere with or disrupt the Service or servers or networks connected
to
the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
k.
intentionally or unintentionally violate any applicable local, state,
national or
international law, including, but not limited to, county regulations,
any rules
of any national, and any regulations having the force of law;
l.
"stalk" or otherwise harass another; or
m.
collect or store personal data about other users.
You acknowledge that Land-fsbo does not pre-screen Content, but that Land-fsbo
and its designees shall have the right (but not the obligation) in their
sole
discretion to refuse, delete or move any Content that is available via
the Service.
Without limiting the foregoing, Land-fsbo and its designees shall have
the right to
remove any Content that violates the TOS or is otherwise objectionable.
You
agree that you must evaluate, and bear all risks associated with, the
use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of
such Content. In this regard, you acknowledge that you may not rely on
any
Content created by Land-fsbo or submitted to Land-fsbo, including without
limitation
information in Land-fsbo Message Boards, Land-fsbo Land By Owner ads,
and in all
other parts of the Service.
You acknowledge
and agree that Land-fsbo may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such
preservation or disclosure is reasonably necessary to: (a) comply with
legal
process; (b) enforce the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety
of Land-fsbo, its users and the public.
You understand
that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
Land-fsbo
does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit
or make
available for inclusion on publicly accessible areas of the Service, you
grant
Land-fsbo the following world-wide, royalty free and non-exclusive license(s),
as
applicable:
With respect
to Content you submit or make available for inclusion on
publicly accessible areas of Land-fsbo and Land-fsbo land ads, the
license to use, distribute, reproduce, modify, adapt, publicly perform
and
publicly display such Content on the Service solely for the purposes of
providing and promoting the specific Land-fsbo or Land-fsbo Land Ads to
which such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Land-fsbo removes
such Content from the Service.
With respect
to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service other
than Land-fsbo or Land-fsbo Land Ads, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only for as long
as
Land-fsbo elects to continue to include such Content on the Service and
will
terminate at the time Land-fsbo removes such Content from the Service.
With respect
to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of
the
Service other than Land-fsbo Land Adss or Land-fsbo Groups, the perpetual,
irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly
accessible" areas of the Service are those areas of the Land-fsbo
network
of properties that are intended by Land-fsbo to be available to the general
public.
By way of example, publicly accessible areas of the Service would include
Land-fsbo Message Boards and portions of Land-fsbo Usenet and Land-fsbo
Land Ads
that are open to both members and visitors.
9. INDEMNITY
You agree to indemnify and hold Land-fsbo, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that Land-fsbo may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number
of days that land ad postings or other uploaded Content will be retained
by the
Service, the maximum number of email messages that may be sent from or
received
by an account on the Service, the maximum size of any email message that
may be
sent from or received by an account on the Service, the maximum disk space
that
will be allotted on Land-fsbo's servers on your behalf, and the maximum
number
of times (and the maximum duration for which) you may access the Service
in a given period of
time. You agree that Land-fsbo has no responsibility or liability for
the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that Land-fsbo
reserves the right to log off or delete accounts that possess unreliable
or inactive
e-mail address. You acknowledge that Land-fsbo reserves the right to log
off accounts
that
are inactive for an extended period of time. You further acknowledge that
Land-fsbo
reserves the right to change these general practices and limits at any
time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Land-fsbo reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Land-fsbo shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that Land-fsbo, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for lack
of use or if Land-fsbo believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. Land-fsbo may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and acknowledge
and agree that Land-fsbo 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 Service. Further, you agree that Land-fsbo shall not be liable to
you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Land-fsbo shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Land-fsbo has no control over such sites
and resources, you acknowledge and agree that Land-fsbo is not responsible for
the availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Land-fsbo shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on or through
any such site or resource.
16. Land-fsbo'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary
and confidential
information that is protected by applicable intellectual property and
other laws.
You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents
or
other proprietary rights and laws. Except as expressly authorized by Land-fsbo
or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create
derivative works based on the Service or the Software, in whole or in
part.
Land-fsbo
grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create
a
derivative work of, reverse engineer, reverse assemble or otherwise attempt
to
discover any source code, sell, assign, sublicense, grant a security interest
in or
otherwise transfer any right in the Software. You agree not to modify
the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized
access to
the Service. You agree not to access the Service by any means other than
through the interface that is provided by Land-fsbo for use in accessing
the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Land-fsbo 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.
b.
Land-fsbo MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT 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.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM Land-fsbo OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Land-fsbo
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Land-fsbo HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO
FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning investments,
the phrase "Let the investor beware" is apt. The Service is provided
for informational purposes only, and no Content included in the Service is
intended for trading or investing purposes. Land-fsbo and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions made based on
such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Land-fsbo,
the Land-fsbo logo, Land-fsbo.com, stylized, Land-fsbo menu,
Land-fsbo marks, and other Land-fsbo logos and product and service names
are trademarks
of Land-fsbo.com. (the "Land-fsbo Marks"). Without Land-fsbo's
prior permission,
you agree not to display or use in any manner, the Land-fsbo Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Land-fsbo
respects the intellectual property of others, and we ask our users to
do
the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights
have been
otherwise violated, please provide Land-fsbo's Copyright Agent the following
information:
1.an electronic
or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
2.a description of the copyrighted work or other intellectual property
that
you claim has been infringed;
3.a description of where the material that you claim is infringing is
located
on the site;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the disputed
use
is not authorized by the copyright owner, its agent, or the law;
6.a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Land-fsbo's
Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail:
Copyright Agent c/o Land-fsbo
P.O.Box 915, Montrose, California 91021-0915
By email:
24. GENERAL INFORMATION
The
TOS constitute the entire agreement between you and Land-fsbo and govern
your use of the Service, superceding any prior agreements between you
and
Land-fsbo. You also may be subject to additional terms and conditions
that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and Land-fsbo shall
be
governed by the laws of the State of California without regard to its
conflict of
law provisions. You and Land-fsbo agree to submit to the personal and
exclusive
jurisdiction of the courts located within the county of Los Angeles, California.
The failure of Land-fsbo to exercise or enforce any right or provision
of the TOS
shall not constitute a waiver of such right or provision. If any provision
of the
TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties'
intentions as reflected in the provision, and the other provisions of
the TOS
remain in full force and effect. You agree that regardless of any statute
or law to
the contrary, any claim or cause of action arising out of or related to
use of the
Service or the TOS must be filed within one (1) year after such claim
or cause
of action arose or be forever barred.
The section
titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please
report any violations of the TOS to our Customer Service Department.
Copyright
© 1996-2008 Land-fsbo. All rights reserved. Privacy Policy
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