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This site is strictly for "For Sale By
Owner" property transactions -- Agent ads
NOT allowed!
FSBOATL.com provides
this internet website and the Services offered
on it under the following Terms and Conditions
of service and use. Please read them carefully.
You understand, agree and acknowledge that your
use and the Services provided to You are Exclusively
Governed by these terms which cannot be modified
by you. By accessing and using the services,
you agree that you have read and understand
the terms and that you agree to be Bounded by
them all, without limitation or qualification
and that no signatures are required to implement
the terms. As used on this Web site, the terms
"we", "us", or "our"
refer to FSBOATL.com "You" refers
to all users of the Web site. "Sellers"
refers to users who list their properties for
sale on the site.
All real estate advertised
on this site is subject to US Federal Fair Housing
Act of 1968 which makes it illegal to advertise
any preference, limitation or discrimination
based on race, color, religion, sex or national
origin or intention to such preferences, limitations
or discrimination." FSBOATL.com will not
knowingly accept any ads for real estate which
is in violation of the law. All persons are
informed that real estate ads here is available
on an equal opportunity basis.
1. ADDITIONAL
TERMS; MODIFICATIONS TO THE TERMS
FSBOATL.com may change the terms from
time to time without prior notification to you.
Each time you access the web site you will be
governed by the new terms then in effect. All
of such changes will be posted on the FSBOATL.com
website. If you object to any such changes,
your sole recourse shall be to cease using the
service. Continued use of the services following
any such change shall indicate your acknowledgement
of changes and agreement to be bounded by the
terms and conditions of such changes without
limitation or qualification. additionionally
when using particular portions of the Services,
you will be governed by additional terms which
will appear when accessing such Services. All
such additional terms are herein incorporated
by reference. In the event that their is a conflict
between such additional terms and these Terms
such additional terms shall govern when you
access such Services.
2. MODIFICATIONS
TO THE SERVICES
We reserve the right to modify or discontinue
(temporarily or permanently) the Services that
we offer with or without notice. We shall not
be liable to you or any third party if we exercise
our right to modify or discontinue the Services.
If you object to any such changes, your sole
recourse shall be to cease using the Services.
Continued use of the Services following notice
of any such changes shall indicate your acknowledgement
of such changes and satisfaction with the Services
as so modified.
3. PRIVACY
As part of the registration process, Sellers
are asked to provide certain personal information
to us. You acknowledge, consent, and agree that
FSBOATL.com may access, preserve, and disclose
your account information and Content if required
to do so by law or in a good faith belief that
such access preservation or disclosure is reasonably
necessary to:(a) comply with legal process;(b)
enforce the Terms;(c) respond to claims that
any Content violate the rights of third-parties;(d)
respond to requests for customer service; (e)
protect the rights, property, or personal safety
of FSBOATL.com, its users and the public. All
uses of such personal data will be in accordance
with the provisions of our Privacy Policy.
4. YOUR
LISTING, PASSWORD AND SECURITY
Sellers will be assigned individual listing
numbers and passwords. You are responsible for
maintaining the confidentiality of your own
listing number and password and you are solely
responsible for all activity that occur under
your listing number and password. You agree
to immediately notify us of any unauthorized
use of your listing number and 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 LISTING NUMBER AND/OR PASSWORD,
OR TO OTHERWISE COMPLY WITH THIS SECTION.
5. YOUR
RESPONSIBILITIES
In providing us with information during the
registration process, you agree to provide true,
accurate, current and complete information as
prompted and to maintain and update such information
to keep it true, accurate, current and complete
at all times. If any information provided is
untrue, inaccurate, not current or incomplete,
or if we reasonably believe so, we may suspend
or terminate your access to 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 of legal age to form
a binding contract. You are responsible for
obtaining and maintaining all telephone, computer
hardwares, and other equipment needed for access
to and use of the Services and all charges related
thereto. You are solely responsible for all
acts or omissions that occur under your listing
number or password, including the accuracy and
completeness content that you or anyone using
the account submit, post or transmit through
teh Services.
You agree
not to use the Services to do any of the following:
5.1.1. violate any local, state,
national or international law;
5.1.2. stalk, harass or harm
another individual or communicate with such
individual after being advised to cease any
such communications;
5.1.3. collect, harvest or
store personal data about other users including
email addresses or contact Sellers for any purpose
other than responding to the content posted
by such Sellers;
5.1.4. impersonate any person
or entity, or otherwise misrepresent your affiliation
with them;
5.1.5. interfere with or disrupt
the services, servers or network connected to
the FSBOATL.com Web site or other Services,
or disobey any requirements, procedures, policies,
or regulations of networks connected to the
FSBOATL.com web site; and
5.1.6. upload, submit, post
or transmit any (a) content that is unlawful,
harmful, threatening, abusive, harassing, defamatory,
obscene, invasive of anothers privacy, hateful,
racist, sexist, homophobic or ethnically or
otherwise objectionable; (b) content that you
do not have a right to transmit under any law
or under contractual or fiduciary relation;
(c) content that infringes the intellectual
property rights of a third party; or (d) material
that contains software viruses or any other
computer code, files or programs, Examples:
worms, Trojan horses, cancelbots, time bombs
and the like, designed to interrupt, destroy
or limit the functionality of computer software
or hardware or telecommunications equipment;
(d) unsolicited advertising material, notices
or “spam”, "junk mail",
pyramid schemes, chain letters or the like;
(e) surveys that have not been approved or cleared
by us;or (f) contests or games of chance.
6. DEALINGS
WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with,
participation in promotions of, or purchase
of goods and/or services from our partners,
advertisers or sponsors found on or through
the Services, and any terms, conditions, warranties
or representations associated with such dealings,
are solely between you and such partner(s),
advertiser(s) or sponsor(s). YOU AGREE THAT
FSBOATL.COM SHALL NOT BE RESPONSIBLE OR LIABLE
FOR ANY "Loss" OR "Damage"
OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH
DEALINGS AND/OR AS THE RESULT OF THE PRESENCE
OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON
OR THROUGH THE SERVICES.
7. EXTERNAL
LINKS
Our provision of a link to any other Web site
or location is for your convenience and does
not signify our endorsement of such other Web
site or location or its contents. Any concerns
you may have regarding any external link should
be directed to that link’s Web site administrator
or webmaster. FSBOATL.com SHALL NOT BE LIABLE
FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND
AT ANY OTHER WEB SITE, INTERNET LOCATION, OR
SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH
INFORMATION.
8. NO
SPAM
We do not condone or allow spam. We prohibit
you from using the Services to promote your
own website or any business, product or service
through the sending of unsolicited email. We
reserve the right to investigate and terminate
your rights under this Agreement.
9. USE
AND STORAGE
You acknowledge and agree that we may establish
general Practices and Limits concern Use of
the Services, including, without limitation,
the maximum number of days that information,
data, account history or other uploaded Content
will be retained by the Services and the maximum
number of times (and the maximum duration for
which) you may access the Services in a given
period of time.
10. NO
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes,
any portion of the Services, use of the Services
or access to the Services. The Services are
provided for your personal, noncommercial use
only.
11. TERMINATION
You agree that we, in our sole discretion, may
terminate your password, account (or any part
thereof) or access to and use of the Services,
and remove and discard any information posted
by you on or through the Services, for any reason
or no reason, with or without notice and effective
immediately, including, without limitation,
if we believe that you have violated or acted
inconsistently with the letter or spirit of
the Terms. You acknowledge and agree that we
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 Services. You agree that we may
terminate your account if it remains inactive
for an extended period of time.
You may discontinue your participation in and
access to the Services at any time!
12. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES
IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED
ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
STATED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT
TO THE SERVICES. WE MAKE NO WARRANTY THAT (A)
THE SERVICES WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; (B) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY,
RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS,
SERVICES OR OTHER MATERIAL OBTAINED THROUGH
THE SERVICES WILL MEET YOUR EXPECTATIONS; (D)
DEFECTS IN THE SERVICES WILL BE CORRECTED; OR
(E) THE FSBOATL.COM SITE OR THE SERVER THAT
MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR
FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR INFORMATION. WE DO NOT
CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS
OR SERVICES OFFERED BY THIRD PARTIES, AND WE
MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES OR
ANY TRANSACTIONS ENTERED INTO THROUGH OR AS
THE RESULT OF THE SERVICES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
FSBOATL.COM OR THROUGH OR FROM THE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
13. LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW, IN NO EVENT WILL FSBOATL.COM OR ITS OFFICERS,
EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS,
SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF REVENUES, PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES
WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT OF OR IN ANY WAY RELATED TO:
13.2 the use or the inability
to use the Services;
13.3 the cost of procurement
of substitute goods and services resulting from
any goods, data, information or services purchased
or obtained or transactions entered into through
or from the Services;
13.4 unauthorized access to
or alteration of your transmissions or data;
13.5 statements or conduct
of any third party on or through the Services,
including threatening, defamatory, obscene,
offensive or illegal conduct or any infringement
of another’s rights, including intellectual
property rights;
13.6 your failure to adequately
safeguard your password or access to the Services;
13.7 any content you access
through the services, including but not limited
to, for any errors or omissions in any Content,
or your use of or reliance on any Content posted,
emailed or otherwise transmitted through the
Services;
13.8 termination of your access
to or use of the Services as provided herein;
13.9 the deletion or failure
to store any information or data, communications
or Content maintained or transmitted by or through
the Services;
13.10 any modification, suspension
or discontinuance of the Services ( or any part
there of ) or these terms;
13.11 use of or reliance on
any Content, goods or services available on
any other Web sites that you access through
the Services; and
13.12 any other matter relating
to the Services or these Terms.
14. 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
and disclaimers may not apply to you. To the
extent that we may not, as a matter of applicable
law, disclaim any implied warranty or limit
its liabilities, the scope and duration of such
warranty and the extent of our liability shall
be the minimum permitted under such applicable
law.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless
FSBOATL.com, its parents, subsidiaries,
affiliates, officers, directors, co-branders
or other partners, employees, consultants and
/or agents from and against any and all third-party
claims, liabilities, damages, losses, costs,
expenses, fees (including reasonable attorneys
fees) that such parties may incur as a result
of or arising from (1) any information or Content
(as defined below) that you (or anyone using
your account) submits, posts or transmits through
the Services, (2) your (or anyone using your
account’s) use of the Services, (3) your
(or anyone using your account’s) violation
of these Terms, (4) your (or anyone using your
account’s) violation of any rights of
any other person or entity or (5) any viruses,
trojan horses, worms, time bombs, cancel bots
or other similar harmful or deleterious programming
routines input by you into the FSBOATL.com site
or other Services.
16. TRADEMARKS
Certain of the names, logos, and other materials
displayed on the FSBOATL.com Web site and in
and through the Services constitute trademarks,
trade names, service marks or logos ("Marks")
of FSBOATL.com or other entities. You are not
authorized to use any such Marks. Ownership
of all such Marks and the goodwill associated
therewith remains with us or those other entities.
17.
MISCELLANEOUS
The Terms constitute the entire and exclusive
and final statement of the agreement between
you and www.FSBOATL.com with respect to the
subject matter hereof, and govern your use of
the Services superseding any prior agreements
or negotiations between you and fsboatl.com
with respect to the subject matter hereof. The
Terms and the relationship between you and fsboatl.com
shall be governed by the laws of the State of
Georgia as applied to agreements made, entered
into and performed entirely in Georgia by Georgia
residents, notwithstanding your actual place
of residence. All lawsuits arising out of the
Terms or out of your use of the services shall
be brought in Federal or state courts having
jurisdiction over Georgia Counties,
18. VIOLATIONS
Please report any violations of the Terms to
us at admin@fsboatl.com
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