Terms of Use | 4SaleByOwner.com

Terms of Use

The following Terms of Use ("Terms") govern your use of the 4SBO website and related mobile applications (collectively the "Site"), content, products and services ("Services") of 4SBO Inc. d/b/a 4SaleByOwner.com ("4SBO") that are made available in the United States and its territories and possessions. It is understood that 4SBO is merely providing an advertising platform to consumers looking to buy or sell a home. 4SBO does not represent itself as providing real estate services on the Site.

READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING OUR SERVICES.

By accessing, downloading, installing, running or using any of these Services, you agree to be bound by these Terms, as updated from time to time. If you do not agree to our Terms, you should not access or otherwise use the Services. Any continued use of our Services after changes or updates have been made to these Terms constitutes your acceptance of such changes. The terms "you" shall refer to you the user, and the terms "we," "us," or "our" shall refer to 4SBO. The following conditions apply:

1. License.

For as long as you remain compliant with all Terms as set forth herein, 4SBO grants you a limited, non-exclusive, non-transferrable, revocable license to access and use our Site on any personal device that you own or control. This license also permits you to access and use any content, information, or related materials that are made available as a part of our Services. Any rights not expressly granted herein are reserved by 4SBO. This license does not permit you to rent, lease, lend, sell, redistribute or sublicense our Site and Services.

2. Users.

In order to use our Site and Services, you must have reached the age of majority and be a resident of the United States. Anyone under the age of 13 is prohibited from using our Services.

3. Site Content and Materials.

The information maintained on the Site is intended to provide users with information about 4SBO's products and services and is subject to change without notice. Not all of the Services described in the Site are available in all geographic areas. No solicitation is made to any person utilizing our Services to use any information, materials, products or services in any jurisdiction where the provision of such information, materials, products or services is prohibited by law.

4. No Agency Relationship.

These Terms do not create an agency relationship and do not impose a financial obligation on you or create any representation agreement between you and 4SBO or any provider of Services offered through the Site.

5. Data Use.

All data and information obtained from our Site is intended only for your personal, non-commercial and informational use, and shall be used for no other purpose.

6. Site Access and Registration.

To receive access to certain information or Services, operate through the Site, and/or select available Services, you must register and establish a user name and a password, the combination of which must be different from those of all other registrants on the Site ("Account"). Additionally, you must maintain the security of your user name and password at all times, notify 4SBO in the event your user name or password is lost or stolen at any time, and agree to accept responsibility for all activities that occur under your Account. If you open an Account you will be considered a "Customer". Your Account is not transferrable and use is limited to one household per Account.

7. Payment of Fees/Account Information.

You agree to pay all fees and any other charges incurred in connection with the applicable user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may 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 may be nonrefundable, subject to our refund terms set forth in Section 12 below. As a Customer, you agree to provide us accurate and complete information, and to maintain it so that it is accurate and complete at all times. If any information you provide is inaccurate or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services.

8. Listing Your Home.

If you opt to select any of the Services offered through the Site you attest that you are over 18 years of age or otherwise are of legal age to form a binding contract.

9. Our Services and Your Responsibilities.

All Services offered through the Site are subject to availability and prices may vary.

10. Real Estate Brokerage and MLS Listing Services.

Through a separate written agreement you may engage a real estate broker through the Services offered through the Site, including listing your property for sale and/or listing your property on a multiple listing service ("MLS"). Any arrangements to provide real estate brokerage or MLS listing services will be governed by such separate written agreement between you and the selected real estate broker. You understand and acknowledge that you are not engaging us as your real estate broker or agent. You are responsible for reviewing, understanding and correctly completing all paperwork and complying with any terms and conditions of all agreements necessary and applicable to your engagement of a real estate brokerage or in connection with your use of MLS listing services. The terms of any agreement between you and any real estate broker/agent are not endorsed, recommended or otherwise known by 4SBO and do not change, alter or modify any of the terms agreed to between you and 4SBO. The Services offered through the Site, including MLS listing services, may not be provided in all areas. For details as to the Services offered, including the related pricing, please refer to the product details found within the Site.

11. Buyer-Broker Services.

From time to time real estate purchase related services and incentives may be offered through the Site. Should you select the offered real estate purchase related services and incentives, you will be required to enter into a separate written agreement with the real estate broker and your engagement of the real estate broker and the provisioning of any available incentives will be governed by such separate written agreement between you and the selected real estate broker. You understand and acknowledge that you are not engaging us as your real estate broker or agent. You are responsible for reviewing, understanding and correctly completing all paperwork and complying with any terms and conditions of all agreements necessary and applicable to your engagement of a real estate brokerage or related to the available real estate incentives offered in connection with the purchase of a home. The terms of any agreement between you and any real estate broker/agent are not endorsed, recommended or otherwise known by 4SBO and do not change, alter or modify any of the terms agreed to between you and 4SBO. Any real estate purchase related services and incentives offered through the Site may not be provided in all areas. For details as to any real estate purchase related services and incentives offered, please refer to the product details and disclosures found within the Site.

12. Payments, Cancellations and Refunds.

Any payments required for the purchase of Services offered through the Site must be paid for with a credit card. If you notify us of a cancellation within 24 hours of a purchase of the Services, which is solely your responsibility, we will void, reverse, or credit the charges. You can cancel your purchase (i) by e-mail to info@4salebyowner.com or (ii) by phone at (844) 335-0589. Your purchase will not have been canceled until you receive a confirmation from us, either via email or telephone. Cancellation of your purchase is independent of changes to property information, cancellation or removal of your home from the subject MLS listing and any payments or penalties due pursuant any buyer-broker agreement or listing agreement entered into with your real estate broker/agent, which is contracted separately between you and an independent real estate broker/agent. Refunds are NOT available more than 24 hours after purchase.

Notwithstanding the foregoing, we will not provide refunds on the grounds of a temporary service failure. You will not receive any refund for temporary technical problems with the MLS listing, the Site (including without limitation not being able to log in to your account or not being able to upload photos), or national search portal that causes your property listing to be removed, changed or unavailable for display. You are not entitled to any refund based on a failure to view your property listing that is due to your or a buyer's computer's or browser's failure to meet minimum browser and operating system requirements of any website where such MLS listing may be available.

If you purchase a product through our store and it does not match the description on our Site, notify us and return it unused. We will either replace it or provide you a refund.

13. Valid E-mail Address.

If you opt to register as a user on the Site, you must provide a valid email address as part of your registration. You may be permitted to access certain portions of the Site only after we have verified that the email address you provided is valid and your agreement to these Terms is confirmed.

14. Access Management.

We must at all times maintain a record of the name, telephone number and email address supplied by you, as well as your user name and current password. Such records will be kept and maintained for not less than 180 days after the expiration of the validity of your password or otherwise.

15. Data Validation.

Information on the Site is deemed to be valid and reliable, but is not guaranteed. It is your sole responsibility to independently confirm and verify all information upon which you may rely or use from the Site. We do not review or approve real estate content displayed on the Site.

16. Financial Obligation/Agency Relationship.

Any agreement entered into at any time between you and a real estate broker/agent that imposes a financial obligation on you or creates an agency representation of you by the real estate broker/agent must be established and agreed upon separately from these Terms. If applicable, and the foregoing notwithstanding, you may enter into an agreement with the real estate broker/agent using specific technology and software specially designed to comply with the Electronic Signatures in Global and National Commerce Act which permits you to create legally binding agreements through the use of electronic documents and signatures.

17. Public Comments.

To the extent that you post public comments through our Services, you shall act appropriately and will not submit posts which are obscene, false, misleading, not in good taste, violations of Fair Housing or other laws, or which may constitute harassment of any kind. We reserve the sole right to remove any comments deemed to be inappropriate and reserve the right to immediately terminate your access to our Services.

18. Inaccurate Data.

In the event you find any property listing data or information from, through or as a part of our Services to be inaccurate or incomplete, you shall notify 4SBO as identified on or within our Services.

19. Technological Issues.

The Site may, from time to time, not operate as intended, at normal speed, with full functionality, or at all. In our sole discretion, the Site and our Services may cease to operate for any amount of time, and limitations upon the functionality or use of such Site and Services by the end user may result. Any decision to cease the activity of any one or all of our Services is solely at our discretion.

20. No Unlawful or Prohibited Use

As a condition of your use of our Services, you represent and warrant to us that you will not use our Services for any purpose that is unlawful or that is prohibited by the applicable terms, conditions, and notices. You may not use our Services in any manner that could damage, disable, overburden, compromise or impair our Services or interfere with any other party's use and enjoyment of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Services.

21. Site Administration/Submissions.

By providing to us (including feedback and suggestions) or posting, uploading, inputting, or submitting to the Site (collectively "Submissions"), you hereby grant us (including, without limitation, our affiliates and necessary sublicensees) an irrevocable, perpetual, royalty-free, worldwide license to use all information you provide via posting, uploading, inputting, providing, or submitting your Submissions, in connection with the operation of our businesses, including, without limitation, the rights to: (a) use, reproduce, copy, distribute, transmit, publicly display, publicly perform, offer to sell, sell, edit, translate, and reformat your Submissions; and (b) exploit all copyrights, inventions, and other intellectual property rights in your information in all media. You will not be compensated for any information you provide to us. We are also granted a worldwide, perpetual, irrevocable, royalty-free license to use any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating in any way to the Services.

22. Linked Sites & Third Party Tools/Products.

Links to websites, other than to our Site, and/or the offering of third party products or tools are provided solely as suggested guidance toward information on topics that may be useful to users of our Site and Services, and we have no control over, and expressly disclaim the endorsement of, the content on such websites or such tools or products. If you choose to link to a website or utilize a tool or product not controlled by us, we make no warranties, either express or implied, concerning the content of such site, tools or products, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such tools, products, website(s) or content are free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents through any third party websites. Links to other websites do not imply, and we expressly disclaim, any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites, or any representation regarding the content at such websites.

23. Intellectual Property.

  1. 4SBO, its affiliates, successors and assigns, as the developer and host of our Site, owns or licenses all other intellectual property rights related to our Site, including the look and feel of our Site and all underlying software, as updated and modified from time to time. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms. Except for the limited license granted herein, 4SBO does not grant any license or other authorization to the respective trademarks, service marks, copyrightable material, trade secrets or other intellectual property by placing or displaying them on or through our Site.
  2. You shall (i) never remove or destroy any copyright or other proprietary marking placed upon, contained with, or used in connection with our Services; (ii) never create or authorize new versions, modifications, enhancements or derivative works to, nor translate, reverse engineer, de-compile, disassemble or attempt to derive the source code of, the Site and/or any of our Services or any portion thereof.
  3. You shall not copy, screen scrape, redistribute or retransmit any of the data or information provided, except you may use the property listing information displayed on the Site.

24. Privacy.

Please review the Privacy Notice. The Privacy Notice governs your use of our Services and explains our practices.

25. Applicable Law

By using our Services, you agree that applicable federal law and the laws of the State of Texas, without regard to its principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. You agree that venue for any disputes shall be located exclusively in Denton County, Texas and expressly waive any right to claim that such forum is inconvenient.

26. Non-Waiver.

Our failure to exercise or enforce any provision or right set forth in these Terms does not constitute a waiver of that right or provision.

27. Assignment.

4SBO may assign these Terms, in whole or in part, at any time with or without notice to you.

28. Disclaimer of Warranties.

THE INFORMATION CONTAINED WITHIN OUR SERVICES, INCLUDING WITHOUT LIMITATION ALL TEXT, GRAPHICS, LINKS, TOOLS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. WE DISCLAIM ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE WITH RESPECT TO THE OPERATION, QUALITY, ACCURACY, SECURITY, COMPLETENESS, TIMELINESS, FUNCTIONALITY OR TITLE TO CONTENT PROVIDED OR DISPLAYED. ACCESS TO OUR SERVICES AT ANY TIME MAY BE INTERRUPTED, RESTRICTED OR DELAYED FOR REASONS BEYOND OUR CONTROL. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES, AND THEIR ATTENDANT INFORMATION AND MATERIALS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY CLAIMS, DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, FINANCIAL LOSS, DAMAGES FOR BUSINESS LOSS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR FROM ANY ACTION TAKEN AS A RESULT OF USING OUR SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY 4SBO, ITS EMPLOYEES, AFFILIATES, LICENSORS, SERVICES VENDORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

29. Limitation of Liability.

IN NO EVENT WILL 4SBO, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) TO THE USER AND/OR ANY THIRD PARTY, ARISING IN CONNECTION WITH OUR SERVICES OR USE HEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL WE, OUR EMPLOYEES, LICENSORS, SERVICES VENDORS OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE OUR SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST US, OUR EMPLOYEES, LICENSORS, SERVICES VENDORS OR AGENTS WITH RESPECT TO THESE TERMS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY DISCONTINUE USING OUR SERVICES.

30. Copyright Infringement.

We respect the intellectual property rights of others, and expect you as a registrant to do the same. To the extent anyone believes that his/her work has been reproduced in the property listing data within or as a part of any of our Services in a way that constitutes copyright infringement he/she may notify our agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit 4SBO to contact the Complaining Party, such as an address, telephone number, and an electronic mail address at which the Complaining Party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of copyright infringement should be sent as follows:

If you give notice of copyright infringement by text or e-mail alone, the copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. Based on our findings, as the result of any claim or allegation of copyright infringement, we reserve the sole right and discretion to remove content from our Services, and immediately terminate any use of our Services with regard to anyone who repeatedly engages in copyright infringement.

31. Special Programs or Incentives.

From time to time we may offer special programs or incentives to you in connection with the purchase and sale of real estate and related Services. Such offers may be subject to additional state and/or federal law requirements, as well as additional terms and conditions, which will be disclosed in connection with the program or incentive offered. In the event of a conflict between these Terms and the additional terms and conditions, the additional terms and conditions shall prevail solely as it pertains to the conflicting provision. Both our preselected providers and we may unilaterally modify or terminate such programs and incentives at any time.

32. Indemnification.

You agree to defend, indemnify and hold harmless 4SBO, including the respective affiliates, officers, directors, employees and agents of both 4SBO, against any and all claims, losses, damages, liability, costs and expenses (including but not limited to reasonable attorneys' fees) arising from (a) your use of our Services, including the property listing data; (b) violation of these Terms; or (c) violation of any law or third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with us and/or registration for our Services.

33. Headings.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

34. Complete Agreement.

These Terms constitute the final, complete, and exclusive statement of the terms between the parties that pertain to the subject matter found herein, and these Terms supersede all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into these Terms, nor is any party relying on any representation or warranty independent of those expressly set forth in these Terms. No direct benefit is intended to be conferred by these Terms on any person not a party hereto and any benefit which may be actually conferred is purely incidental.

35. Modification of Terms.

We reserve the right to modify these Terms and its policies at any time without advance notice to you. Any modification of these Terms or any related policy is effective once displayed or published on or within our Services. You are responsible for regularly reviewing these documents. Continued use of our Site after any such changes shall constitute your consent to such changes. We do not and will not assume any obligation to notify you of any changes to these Terms.

36. Registration.

For purposes of receiving additional or enhanced Services, including complete real estate listings, you are required by both us and the respective MLS rules to agree to these Terms and any other additional terms incorporated by reference herein. You are only authorized to use our Services as a registrant and authorized to view the restricted property listing data if you have agreed to abide and be bound by all applicable laws and to these Terms.

36. Electronic Communications.

By submitting your contact information on the Site and accepting these Terms, you are providing your electronic signature and your consent to receiving telemarketing calls, SMS messages or other forms of communication from us, including our agents, affiliates and successors. By submitting your contact information and accepting these Terms, you further agree that (i) we (4SBO), our agents, affiliates and successors may call, email and text messages to you at the number(s) and address(es) you have provided for purposes of describing goods and services that may be of interest to you, offered by us or others on our behalf; (ii) these calls, SMS messages, and email messages may be made using an automatic telephone dialing system or email system and/or involve pre-recorded and/or artificial voice messages, and may be placed to a cellular phone number or other service for which you could be charged for such calls or text messages, if that is the number you have provided. Your consent, if provided, is effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list.

This consent shall remain in effect until you revoke it. You may revoke your consent to these calls, SMS messages, or other forms of communications from us by contacting 4SBOs concierge at (844) 335-0589, emailing us at info@4salebyowner.com or by any other method that ensures we receive the revocation request. You may also reach us in writing at the following address:

Attn: 4SBO Inc., 6565 N. MacArthur Blvd, Suite #225-55, Dallas, Texas 75039.

Your consent to calls, SMS messages, or other forms of communication is not a condition of obtaining any services from us.

37. Effective Date

These Terms are effective 9/25/2017.