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You agree to the terms and conditions set forth in this Terms of Use Agreement with respect to the Site. This Agreement constitutes the entire and only agreement between Us and You and supersedes all prior agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by Us from time to time without specific notice to You. The latest Agreement will be posted on the Site, and You should view this Agreement prior to using the Site. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Site is strictly prohibited. You may print copies of Your own property advertised on the Site. Any and all copies must include any copyright statements contained within the content of the printed material. You do not acquire ownership rights to any content, document or other material viewed through the Site. The advertising of information or materials on the Site does not constitute a waiver of any right to such information and materials. Some of the content of the Site is the copyrighted work of third parties. We claim no responsibility for the content or actions of third parties or for information submitted by others. FSBOtotalaccess is an online advertising website where You can advertise properties, photos, share information and network with other For Sale By Owners and viewers to the Site. We are not a real estate agent or a broker and do not represent any property or property owner advertised on the Site. We do not provide real estate services or engage in real estate broker services on behalf of any property or property owner on the Site. We do not collect a commission from You or any potential buyer to the Site. The only monies received by Us from You are in accordance with the annual or monthly payment terms per property to advertise Your property on the Site and charged to a valid credit card until the property is removed from the Site. The only monies paid to Us by advertisers are to promote their products or services on the Site. All monies received by Us from You are non-refundable and non-transferable. All accounts are non-transferable. You agree not to list a property with a real estate agent or broker, in an MLS, or advertise with another For Sale By Owner web site while the property is advertised on the Site. FSBOtotalaccess is not to be used by real estate agents or brokers unless the real estate agent or broker is acting on behalf of an interested party to the Site. Viewers to the Site may not sell goods or services to You. Real estate agents or brokers visiting the Site must respect the wishes of For Sale By Owners whose properties are advertised on the Site and may not solicit or contact them while their properties are advertised on the Site, unless such real estate agent or broker represents a party interested in a property advertised on the Site. By opening an account with FSBOtotalaccess, You agree to abide by the terms and conditions set forth in this Terms of Use Agreement. You accept responsibility for all activities that occur under Your account or password. You agree to safeguard Your user name and password. We will not be liable for any loss or damage as the result of failure on Your part to protect Your account information. Your account is not transferable and We reserve the right to terminate Your account if Your account is used for any other purpose other than to advertise Your property, to network with other For Sale By Owners (FSBOs), builders, developers, buyers or viewers to this Site, or if You do not abide by the terms and conditions set forth in this Terms of Use Agreement. You agree to notify Us immediately of any unauthorized use of Your user name or password. You agree to pay all fees and charges in connection with a property advertised on the Site. You agree to pay by a valid credit card. We may automatically charge Your credit card account at the time You advertise a property in accordance with the terms of this Agreement. Our on-going price protection feature locks in Your current rate by automatically charging a valid credit card per property on the anniversary date of the property. You agree that the information You provide is accurate and current and that You will keep the information updated at all times. If You knowingly misrepresent information and do not correct the information upon request, Your property will be removed from the Site. If We determine that the information is not accurate or current, We have the right to suspend or terminate Your account and remove Your property, without refund, and refuse any future services to You. You must be 18 years of age to open and maintain an account with Us. You or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You are responsible for the content of any and all material submitted to the Site as well as any omissions that occur under Your account. You agree not to use Your account or the Site for any personal, pornographic, illegal or unlawful purposes. If We believe that You have violated any terms of this Agreement, We may immediately terminate Your account and remove any property without notice and without refund, and prevent You from opening an account with Us in the future. There is no charge to open Your account. You will only be billed when You add a property to the Site. You are billed per property advertised on the Site. To advertise a property, click on the link Add Property link. Your account will remain active until it is closed by You or by Us in accordance with the Terms of Use Agreement. Your property will be advertised on the Site until removed by You or by Us in accordance with our Terms of Use Agreement. Your space on the Site expires when Your property is sold or removed from the Site. Under the Terms of Use Agreement, You agree to remove Your property if it is sold or You no longer wish to advertise Your property. If You choose the monthly payment option, Your credit card will be charged for the month in which You remove Your property from the Site after which Your credit card will no longer be billed. Removing a property from the Site will not close Your account. To remove Your property, click on the link, Delete, next to the property to be removed. To close Your account, email Us at info@fsbototalaccess.com We make every effort to keep the Site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Us liable for any of the consequences of such interruptions. We expressly disclaim all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on as “As Is”,“As Available” and “Best Efforts” basis. We make no warranty that the services will meet Your requirements or that the services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant, nor make any representations regarding the use, or results, of any of the services provided, in terms of their correctness, accuracy, reliability, or otherwise. You agree to use the Site at Your own risk. You agree to indemnity and hold harmless FSBOtotalaccess.com, its parent company or any affiliated companies, officers, directors, shareholders, employees, representatives, agents from any and all loss, liability, damages, expenses, or claims, including reasonable attorney’s fees, arising from or relating to the use of its Site or any information or material advertised under Your account. In no event shall FSBOtotalaccess or its parent company or affiliated companies be liable to You or any other person for indirect, incidental, consequential, special, exemplary or punitive damages, including loss or profit or goodwill, for any matter whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies, Your inability to use the Site, Your loss of data or files or otherwise, even if We have been advised of the possibility of such damages. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Our liability is limited to the full extent permitted by law. You agree that in no event shall Our maximum aggregate liability exceed the total amount paid by You for the service in dispute purchased from Our Site. Under this Agreement, any dispute will be resolved by binding arbitration and not by a judge or jury. You agree not to participate or bring about a class action suit and that Your only remedy will be to cancel Your account. Under the terms of this Agreement, the governing law will be the State of New Jersey. All properties advertised on the Site are subject to the Federal Fair Housing Act of 1968 as amended. We will not allow any property in violation of this law to be advertised on the Site. FSBOtotalaccess.com does not discriminate based on race, color, religion, sex or national origin.
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