TERMS AND CONDITIONS
For Sale Rent By Owner.com, a Pennsylvania Company having a principal place of business at Box 261, Lewistown, PA 17044, provides the services offered on the For Sale Rent By Owner.com Web site to you, subject to and under the following Terms and Conditions: YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM.
In these Terms, Web site; refers to For Sale Rent By Owner.com. ;You; refers to users of For Sale Rent By Owner.com. ;Clients; refers to users who purchase any Product or Service on For Sale Rent By Owner.com, including without limitation listing their properties on the Web site. The words we; us; and ;our refer to For Sale Rent By Owner.com, For Sale Rent By Owner, the owner and operator of this Web site. You agree that we may terminate your user access to the Services and your Client Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.
1. Access and Registration: If you open an Account at For Sale Rent By Owner.com, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access For Sale Rent By Owner.com using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access For Sale Rent By Owner.com using your name in whole or in part without our permission. If you believe someone has accessed For Sale Rent By Owner.com using your user name and password without your authorization, e-mail us immediately at the address listed below.
2. Fees: You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may elect to bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access For Sale Rent By Owner.com through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive for a period of one (1) year.
3. Client Listing, Password, and Security: Clients may create a user name (your e-mail) and password. In addition, Clients that list their properties on For Sale Rent By Owner.com as sellers are assigned a listing number that operates as a user name. Clients are responsible for maintaining the confidentiality of their user names, listing numbers, and passwords. You, as a Client, are solely responsible for all activities that occur under your user name, listing number, and password. As a Client, you agree to immediately notify us of any unauthorized use of your user name, listing number and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, LISTING NUMBER, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as Client, agree that we may terminate your Account if it remains inactive for a period of one (1) year.
4. Client Responsibilities: In providing us with information during the registration process, you agree to provide true, correct, accurate, current and complete information as prompted and to maintain and update such information to keep it true, correct, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, NONCOMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the Web site and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on For Sale Rent By Owner.com, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever. Other than providing links to virtual tours of your property, YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR LISTING. IF YOU VIOLATE OR FAIL TO COMPLY WITH THIS SECTION 3, YOU AGREE TO COMPENSATE For Sale Rent By Owner.com, FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $10,000.
5. Client Responsibilities Concerning Property Listings.
BASIC Listing Option – 6 Months
1 featured listing, 5 photos, and yard sign
Detailed property description, features and amenities US $149.95
Basic Listing: Any Client who registers for the Basic Listing is responsible for paying the current listing fees. Payment for a basic listing may be made by automatic credit card debit. Clients can cancel listings online, can send a cancellation request via e-mail at least one (1) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to support@ForSaleRentByOwner.com or call 1-570-504-1654. You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled. If you have not received a confirmation, cancel your listing online. See Sub-section below for more information regarding how to cancel your listing.
STANDARD Listing Option – 6 Months
5 featured listings, 7 photos, and yard sign
Detailed property description, features and amenities US $199.95
Standard Listing: Any Client who registers for the Standard Listing is responsible for paying the current listing fees. Payment for a Standard listing may be made by automatic credit card debit. Clients can cancel listings online, can send a cancellation request via e-mail at least one (1) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to support@ForSaleRentByOwner.com or call 1-570-504-1654. You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled. If you have not received a confirmation, cancel your listing online. See Sub-section below for more information regarding how to cancel your listing.
PREMIER Listing Option – Until Sold
10 featured listings, 10 photos, and yard sign, video
Detailed property description, features and amenities US $249.95
Premier Listing: Any Client who registers for the Premier Listing is responsible for paying the current listing fees. Payment for a Premier listing may be made by automatic credit card debit. Clients can cancel listings online, can send a cancellation request via e-mail at least one (1) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to support@ForSaleRentByOwner.com or call 1-570-504-1654. You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled. If you have not received a confirmation, cancel your listing online. See Sub-section below for more information regarding how to cancel your listing.
NOTE: (Until Sold Listings) Listing Options stating that a Client is entitled to maintain a property listing “until sold” require a user to request periodic extensions in order to continue maintaining a listing on the Web site. All listings have a 6-month expiration date from purchase unless extended by the user. Upon receiving a request to extend your listing, we will then extend your listing by 3 additional months after which you must contact us again for any further extensions. A Client is not required to pay any additional fees to request extensions. You will receive an e-mail message 1-5 days before your property listing expires, reminding you that your property listing will expire. This is the only means by which we will contact you concerning the expiration of your property listing. If you do not receive this e-mail or do not have an e-mail address listed, then it is your responsibility to contact us to extend your listing.
6. Video Service (Upgrade): Clients can display a video of their home on For Sale Rent By Owner.com, which can be posted for up to 6 months, for $99. The same terms and conditions contained herein apply to this Video Service.
7. Privacy Policy: The Privacy Policy for For Sale Rent By Owner.com are hereby incorporated by reference into these Terms, and your agreement to these Terms means that you also expressly agree to be bound by the Terms of Service and Privacy Policy for For Sale Rent By Owner.com. For Clients, in the event of a conflict between these Terms, on the one hand, and the Terms of Service and Privacy Policy, on the other, these Terms shall take precedence.
8. Governing Law: These Terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflicts of law provisions.
9. Miscellaneous: The Terms constitute the entire, exclusive, and final statement of the agreement between you and For Sale Rent By Owner.com, with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of For Sale Rent By Owner.com, to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to For Sale Rent By Owner.com, LLC., any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
10. Service Providers: Local service providers may purchase advertisements in the For Sale Rent By Owner.com Service Provider Directory. The maximum cost for creating an advertisement is $35 per month per category. Providers will be automatically re-billed to their credit card every thirty days from the date of sign up. Payments for this service shall be made by automatic credit card debit. Providers can cancel their listing online or can send a cancellation request via e-mail at least 1 business day prior to renewal date. Direct all cancellation requests to: support@For Sale Rent By Owner.com.
Each advertisement showcases the following information about an individual provider:
* Provider name
* Provider address
* Map to provider's address
* Provider phone number
* Provider email address
* A brief description of the provider's business
Service Providers are solely responsible for the content of their advertisement(s). For Sale Rent By Owner.com reserves the right to edit said advertisement(s) at any time for any reason. For Sale Rent By Owner.com makes no representations as to the accuracy of the information contained on individual Service Provider advertisements. For Sale Rent By Owner.com makes no representations as to the quality of the services that are advertised in its Service Directory.
For Sale Rent By Owner.com reserves the right to cancel and delete any advertisement for any reason without notice at the completion of the term for which the provider has paid.
11. Services Provided by Third Parties: We are not responsible or liable for any products or services obtained by or through any other party. The materials displayed on this site relating to services provided by any other party are advertisements and do not constitute an offer or promise to make a loan or provide any other service by us. There is no endorsement by us of any other party or the products and services made available by or through any other web site.
12. Use of E-mail System: By using our e-mail system to contact For Sale Rent By Owner.com Clients, you are agreeing to these Terms, including, without limitation, this Section 24. You agree to use the e-mail system only to contact Clients for purposes of asking questions related to the purchase or potential purchase by you of the home listed on For Sale Rent By Owner.com. In no event may you contact a Client of For Sale Rent By Owner.com using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Client. IF YOU VIOLATE THIS SECTION 24, YOU AGREE TO COMPENSATE For Sale Rent By Owner.com, FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $1,000 PER OCCURRENCE.
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