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ZeroBrokerFees.coms FSBO Access
Agreement
Please read this Agreement carefully before accessing
the ZeroBrokerFees.com FSBO website. From this point on the term
FSBO will be known as For Sale By owner
(a homeowner who sells a home on their own without the use of
a Real Estate Broker). As a condition to and in consideration
of receiving and accessing the ZeroBrokerFees.com FSBO website,
the User agrees to be bound by the terms of this Agreement. Use
of or access to the ZeroBrokerFees.com FSBO website shall constitute
acceptance of and agreement to be bound by this Agreement. IF
YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE
ZeroBrokerFees.com FSBO Website. If you have any questions about
this Agreement, please contact us via e-mail at info@zerobrokerfees.com
THIS AGREEMENT "Agreement" is entered into by and between
ZeroBrokerFees.com FSBO website and any individual, corporation,
association, agency, company, or other entity who accesses or uses
the ZeroBrokerFees Real Estate Listings (the "User" or
"you").
The site is not for use by Real Estate Agents
or Persons who Charge Commissions to the seller unless approved
through ZeroBrokerFees.com. Any Person violating this
policy will have their privileges to use this site Permanently Terminated!
The ZeroBrokerFees.com FSBO website, which is provided to you,
is a World Wide Web site on the Internet that is designed to allow
users to post listings and/or to view listings posted by other users
or interact with those users. The ZeroBrokerFees.com FSBO website
is owned and operated by SkyNet Corp, a C Corporation based in Beverly,
MA. .ZeroBrokerFees is a division of SkyNet Corp. The ZeroBrokerFees.com
Real Estate Listings contains or may contain information, communications,
opinions, text, graphics, links, electronic art, animations, audio,
video, software, photos, music, sounds and other material and data
(collectively, "Content") formatted, organized and collected
in a variety of forms that are generally accessible to Users, including
directories and databases, and areas of the ZeroBrokerFees.com FSBO
website that can be modified by Users, such as posting listings,
uploading multimedia files, registering user profiles, and creating
House Hunter profiles ("Interactive Areas").
ZeroBrokerFees.com and their employees are not Real Estate Brokers.
We are an Advertising and Information Services Company. We offer
a public forum to homeowners to market their home as a "For
Sale By Owner" also known as a "FSBO". The ZeroBrokerFees.com
FSBO website should not be confused with Licensed Real Estate Brokers
who earn a commission when a home listed with them is sold. ZeroBrokerFees.com
charges no commission, or percentage of the net sale price of a
home that sells of our website. This is a commission Free Service.
There are no fees that are due to ZeroBrokerFees.com if a home sells
from our site. Sellers and buyers retain their own legal counsel,
work and negotiate their own sale themselves.
ZeroBrokerFees.com does not offer advice, and or legal advice
pertaining to a home sale. The only advise we offer the seller is
in the field of advertising their home, and how to obtain maximum
exposure with the tools that we provide. ZeroBrokerFees.com suggests
that all FSBO (For Sale By Owner) sellers obtain their own Real
Estate Attorneys when entering into an agreement. ZeroBrokerFees.com
provides a list of legal councils on our website that can be used
as a tool for Seller and Buyer protection.
1. User Rights and Responsibilities
1.1 Access to the ZeroBrokerFees.com FSBO
website.
You are responsible for providing all hardware, software, telephone
or other communications equipment and/or service to connect to the
Internet and access the ZeroBrokerFees.com FSBO website and are
responsible for all Internet access charges, telephone charges or
other fees or charges incurred in connecting to the Internet and
accessing the ZeroBrokerFees.com FSBO website.
1.2 User Conduct.
You agree to access and use the ZeroBrokerFees.com FSBO website
only for lawful purposes. You are solely responsible for the knowledge
of and adherence to any and all laws, statutes, rules and regulations,
pertaining to (i) your use of the ZeroBrokerFees.com FSBO website,
including any Interactive Area, (ii) the use of any networks or
other services connected to the ZeroBrokerFees.com Real Estate Listings,
and (iii) the communications means by which you connect your modem,
computer, or other equipment to the ZeroBrokerFees.com FSBO website.
By accessing the ZeroBrokerFees.com FSBO website.
(1) Restrict or inhibit any other user from using and enjoying
the Interactive Features;
(2) Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local,
state, national, or international law;
(3) Post or transmit any information, software, or other material
which violates or infringes in the rights of others, including material
which is an invasion of privacy or publicity rights or which is
protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining permission
from the owner or right holder.
(4) Post or transmit any information, software or other material
which contains a virus or other harmful component;
(5) Alter, damage or delete any Content or other communications
that are not your own Content or to otherwise interfere with the
ability of others to access the ZeroBrokerFees.com Real Estate Listings;
(6) Disrupt the normal flow of communication in an Interactive
Area;
(7) Claim a relationship with or to speak for any business, association,
institution or other organization for which you are not authorized
to claim such a relationship;
(8) Violate any operating rule, policy or guideline of your Internet
access provider or online service.
2. Intellectual Property Rights
2.1 ZeroBrokerFees.com
FSBO website.
(a) You acknowledge that Content on the ZeroBrokerFees.com FSBO
website is generally provided by the ZeroBrokerfees.com FSBO website,
individual contributors of Content ("Contributors"), third
party licensees, and/or other Users. You acknowledge that the ZeroBrokerFees.com
FSBO website permits access to Content that is protected by copyrights,
trademarks, and other proprietary (including intellectual property)
rights ("Intellectual Property Rights"), and that these
Intellectual Property Rights are valid and protected in all media
existing now or later developed and except as is explicitly provided
below, your use of Content shall be governed by applicable copyright
and other intellectual property laws. You acknowledge that the ZeroBrokerFees.com
FSBO website owns a copyright in the "look and feel,"
i.e., the selection, coordination, arrangement and presentation
of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise transfer
or commercially exploit any of the Content, in whole or in part,
provided, however, that you may (i) make a reasonable number of
digital or other form of copies to permit your computer hardware
and software to access and view the Content, (ii) print one copy
of each piece of Content, (iii) make and distribute a reasonable
number of copies of Content, in whole or in part, in hard copy or
electronic form for internal use only. Any permitted copies of Content
must reproduce in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right notices, and an
original source attribution to "The ZeroBrokerFees.com FSBO
website and its URL address. You acknowledge that the ZeroBrokerFees.com
FSBO website, its Contributors, and/or Users remain the owners of
the Content and that you do not acquire any Intellectual Property
Rights by downloading or printing Content.
2.2 Content Provided
by User.
You may upload to any Interactive Area or otherwise transmit, post,
publish, reproduce or distribute, on or through the ZeroBrokerFees.com
FSBO website only Content that is not subject to any Intellectual
Property Rights, or Content in which any holder of Intellectual
Property Rights has given express authorization for distribution
over the Internet and on the ZeroBrokerFees.com FSBO website, without
restriction whatsoever. Any Content submitted with the consent of
a copyright owner other than you should contain a phrase such as
"Copyright owned by [name of owner]; Used by Permission."
By submitting Content to any Interactive Area, you automatically
grant and/or warrant that the owner of such Content, whether it
be You or a third party, has expressly granted to the ZeroBrokerFees.com
FSBO website the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, sublicense,
distribute, perform, and display such Content, in whole or in part,
worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed for the full term of
any Intellectual Property Rights that may exist in such Content.
You also permit the ZeroBrokerfees.com FSBO website to sublicense
to third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Content. You also permit any
User to access, view, store and reproduce the Content for personal
use.
3. Interactive Areas
You acknowledge that the ZeroBrokerFees.com FSBO website may include
various interactive areas ("Interactive Areas"), including
but not limited to listings. These Interactive Areas allow feedback
to the ZeroBrokerFees.com Real Estate Listings and real-time interaction
between users. You further understand that the ZeroBrokerFees.com
FSBO website does not control the messages, information, or files
delivered to such Interactive Areas and that the ZeroBrokerfees.com
Real Estate Listings may offer you and other Users the capability
of creating and managing an Interactive Area. However, neither the
ZeroBrokerfees.com FSBO website, its subsidiary and parent companies,
SkyNet Corporation, or affiliates, nor their respective directors,
officers, employees and agents are responsible for Content within
any Interactive Area. Your use and/or management of an Interactive
Area will be governed by this Agreement and any additional rules
or operating procedures of any Interactive Area established by you
or another User, as applicable. You recognize that the ZeroBrokerfees.com
FSBO website cannot, and does not intend to, screen communications
in advance. Moreover, because the ZeroBrokerFees.com Real Estate
FSBO website encourages open and candid communication in the Interactive
Areas, the ZeroBrokerFees.com FSBO website cannot determine in advance
the accuracy or conformance to this Agreement of any Content transmitted
in an Interactive Area. The ZeroBrokerFees.com FSBO website is not
responsible for screening, policing, editing, reviewing or monitoring
any Content in an Interactive Area. Notwithstanding the above, you
agree that the ZeroBrokerFees.com FSBO website has the right to
monitor any Interactive Area, from time to time and to disclose
any information as necessary to satisfy any law, regulation or other
governmental request, to operate the Interactive Area, or to protect
itself or other Users. If notified of Content that is alleged not
to conform to this Agreement, the ZeroBrokerFees.com FSBO website
may investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content. The
ZeroBrokerFees.com FSBO website reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit,
refuse to post, or to remove any Content, in whole or in part, which
it deems in its sole discretion to (i) violate the then-standard
provisions of this Agreement or any other standard, written ZeroBrokerFees.com
FSBO website policy in effect at that time, (ii) be harmful to the
rights of any User, the ZeroBrokerFees.com FSBO website, or other
third parties, (iii) violate applicable law, or (iv) be otherwise
objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies,
guidelines, or practices of the ZeroBrokerFees.com FSBO website
in operating the ZeroBrokerFees.com FSBO website, or any change
in Content, is for you to discontinue accessing the ZeroBrokerFees.com
FSBO website. The ZeroBrokerFees.com FSBO website may terminate
or temporarily suspend your access to all or any part of the ZeroBrokerFees.com
FSBO website, without notice, for conduct that the ZeroBrokerFees.com
FSBO website believes is a violation of this Agreement or any policies
or guidelines posted by the ZeroBrokerFees.com FSBO website, or
for other conduct which the ZeroBrokerFees.com FSBO website believes,
in its sole discretion, is harmful to the ZeroBrokerFees.com FSBO
website or other Users. The ZeroBrokerFees.com FSBO website may
discontinue operating the ZeroBrokerFees.com FSBO website and terminate
this Agreement without notice at any time for any reason in its
sole discretion. In the event of termination, you are no longer
authorized to access the ZeroBrokerFees.com FSBO website, including
the Interactive Areas, and the restrictions imposed on you with
respect to Content downloaded from the ZeroBrokerFees.com FSBO website,
as well as the disclaimers and limitations of liabilities set forth
in this agreement, shall survive.
5. Links; Disclaimers
Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services
expressly available at the ZeroBrokerFees.com FSBO website, neither
the ZeroBrokerFees.com FSBO website, its subsidiary and parent companies,
or affiliates, or their respective directors, officers, employees,
and agents controls, provides, or is responsible for any Content,
goods or services available through sites on the Internet linked
to or from the ZeroBrokerFees.com FSBO website. All such Content,
goods and services are made accessible on the Internet by independent
third parties and are not part of the ZeroBrokerFees.com FSBO website
or controlled by the ZeroBrokerFees.com FSBO website. The ZeroBrokerFees.com
FSBO website neither endorses nor is responsible for the accuracy,
completeness, usefulness, quality or availability of any Content,
goods or services available on any site linked to or from the ZeroBrokerFees.com
FSBO website, which are the sole responsibility of such independent
third parties, and your use thereof is solely at your own risk.
Neither the ZeroBrokerFees.com FSBO website, its subsidiary and
parent companies, or affiliates, or their respective directors,
officers, employees, and agents shall be held responsible or liable,
directly or indirectly, for any loss or damage caused or alleged
to have been caused by your use of or reliance on any Content, goods
or services available on any site linked to or from the ZeroBrokerFees.com
FSBO website or your inability to access the Internet or any site
linked to or from the ZeroBrokerFees.com FSBO website.
5.2 Disclaimer of Warranties. Please use your best judgment in
evaluating all information contained or opinions expressed on the
ZeroBrokerfees.com Real Estate Listings. It is the policy of the
ZeroBrokerFees.com FSBO website not to endorse or oppose any opinion
expressed by a User or Content provided by a User, Contributor,
or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF
THE ZeroBrokerFees.com FSBO website IS AT YOUR SOLE RISK. NEITHER
THE ZeroBrokerFees.com FSBO website NOR ANY OF ITS SUBSIDIARY AND
PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS
OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES
WARRANTS THAT THE ZeroBrokerFees.com FSBO website OR ANY INTERNET
SITE LINKED TO OR FROM THE ZeroBrokerFees.com FSBO website WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE ZeroBrokerFees.com FSBO website
OR ANY INTERNET SITE LINKED TO OR FROM THE ZeroBrokerFees.com FSBO
website OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY,
COMPLETENESS, USEFULNESS, NON INFRINGEMENT, RELIABILITY, AVAILABILITY,
OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION
PROVIDED THROUGH THE ZeroBrokerFees.com FSBO website OR ANY SITE
LINKED TO OR FROM THE ZeroBrokerFees.com FSBO website THE ZeroBrokerFees.com
FSBO website IS PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE ZeroBrokerFees.com
FSBO website, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE ZeroBrokerFees.com
Real Estate Listings, OR ANY INTERNET SITE LINKED TO OR FROM THE
ZeroBrokerFees.com FSBO website, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR
ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS
LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE
OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE ZeroBrokerFees.com FSBO website,
ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS,
BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE
OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN
THE ZeroBrokerFees.com FSBO website OR THE CONTENT CONTAINED WITHIN
ANY INTERNET SITE LINKED TO OR FROM THE ZeroBrokerFees.com FSBO
website. THE CONTENT WITHIN THE ZeroBrokerFees.com FSBO website
Real Estate Listings AND THE CONTENT WITHIN INTERNET SITES LINKED
TO OR FROM THE ZeroBrokerFees.com FSBO website MAY INCLUDE TECHNICAL
OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED
IN NEW VERSIONS OF THE ZeroBrokerFees.com FSBO website AND SPECIFICALLY
ARE INCLUDED IN THIS SECTION AGREEMENT. THE ZeroBrokerFees.com FSBO
website AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE ZeroBrokerFees.com
FSBO website IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT,
OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED
WITH ANY ZeroBrokerFees.com FSBO website SITE CONTENT, OR WITH THE
ACCESS AGREEMENT OF THE ZeroBrokerFees.com FSBO website, IN WHOLE
OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE ZeroBrokerFees.com FSBO website.
6. Indemnity
You agree to indemnify and hold the ZeroBrokerFees.com FSBO website,
its parent or subsidiary companies and their affiliates, and their
respective directors, officers, employees, and agents from any and
all liabilities, claims and expenses, including reasonable attorneys
fees, arising from breach of this Agreement, any other policy, your
use or access of the Real Estate Listings or any Internet site linked
to or from the ZeroBrokerFees.com FSBO website, or in connection
with the transmission of any Content on the ZeroBrokerFees.com FSBO
website.
7. Miscellaneous
This Agreement comprises the entire agreement between the ZeroBrokerFees.com
FSBO website and you, and supersedes any prior agreements with respect
to the subject matter herein. The ZeroBrokerFees.com FSBO website
Listings may revise this Agreement or any other policy at any time
and from time to time, and such revision shall be effective two
(2) days upon posting notice of such revision prominently on the
ZeroBrokerFees.com FSBO website. You agree to review this Agreement
periodically to be aware of such revisions. If any such revision
is unacceptable to you, you must discontinue accessing the ZeroBrokerFees.com
FSBO website. Your continued accessing and use of the ZeroBrokerFees.com
Real Estate Listings following notice of any such revision shall
conclusively be deemed acceptance of all such revisions. The provisions
of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive
the termination or expiration of this Agreement. If any provision
of this Agreement or any other policy be held invalid or unenforceable,
that portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intention of the parties
and the remaining portions will continue in full force and effect.
The failure of the ZeroBrokerFees.com FSBO website to insist upon
or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. This
Agreement shall be governed by the laws of the state or province
of domicile of the ZeroBrokerFees.com FSBO website, excluding its
conflict of laws rules, and you and the ZeroBrokerFees.com FSBO
website each submit to the exclusive jurisdiction of the courts
of that state or province. This Agreement is personal to you and
you may not assign your rights or obligations thereunder to anyone.
All logos, brand names, products, trademarks and service marks appearing
herein may be the trademarks or service marks of their respective
owners. References to any trademark, service mark and links to or
from the ZeroBrokerFees.com FSBO website have been done strictly
for clarification and identification and does not constitute endorsement
by the ZeroBrokerFees.com FSBO website of the products, services
or information offered by the owner of such trademark, service mark
or link or endorsement of the ZeroBrokerFees.com FSBO website by
such trademark, service mark or link owner.
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