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ACCEPTANCE THROUGH USE
FSBOAustinTx.com is hereafter
referred to as Company, Our Company, The Company, We. By using
FSBOAustinTx.com to list your property you signify your agreement to all
terms, conditions, and notices contained or referenced herein (the "Service
Agreement").
Notice: that any information on fsboaustintx.com by our company is designed
to provide general information regarding the subject matter covered. You are
hereby advised to consult with your advisor regarding your individual
specific situation.
Notice: information submitted by our customers for listings has not been
verified, is not guaranteed and is subject to change.
Notice: the company specifically disclaims any liability resulting from the
use or application of the information contained on fsboaustintx.com. The
information is not intended to serve as legal advice related to individual
situations.
Hold Harmless Clause
In using this site and the services offered herein, you agree to hold
harmless any of the Company's officers, directors, employees or agents from any
liability for damages arising out of or in connection with the use of this
site or any third party site/content/service referenced herein. This is a
complete limitation of liability that applies to all damages of any and
every kind, including (without limitation) compensatory, direct, indirect or
consequential damages, loss of data, income or profit, loss of or damage to
property, personal injury, and claims of third parties. Users and
advertisers HEREBY RELEASE AND DISCHARGE FSBOAustinTx.com and its officers,
directors, employees and agents for any and all claims pertaining to their
use in any way of this site and any third party site/content/service
referenced herein, EXPRESSLY INCLUDING WITHOUT LIMITATION ANY CLAIM OF
NEGLIGENCE AGAINST FSBOAustinTx.com or any of its officers, directors,
employees or agents.
Privacy Statement
FSBOAustinTx.com will not knowingly share information provided by you with
anyone other than its subsidiaries and affiliates except as required or
permitted by applicable law. We do not sell our names or lists unless
otherwise disclosed to you by an individual subsidiary. However, viewers
should note that while it is our intent to hold private the information you
transmit via our Website or by way of an Internet electronic mail system or
service, FSBOAustinTx.com cannot promise or ensure that such information
will remain confidential or secure. Information on the Internet tends to
develop "a life of its own," and may find its way to recipients to whom it
is not intended or persons you may not want to have such information. This
is beyond the control of FSBOAustinTx.com, and you are advised that such
transmissions may not be secure.
Intellectual Property
FSBOAustinTx.com maintains this Website as a service to Internet users and
its use is a privilege to the viewer. All information is provided without
warranty of any kind, either express or implied or for non-infringement.
Access and use of the Website and all company links are subject to the terms
and conditions set forth herein and to all applicable laws regulating the
use of the Internet and those relating to the use of information.
FSBOAustinTx.com reserves the right to revise the terms and conditions for
access to its Website from time to time in its sole discretion.
Liability Disclaimer
The information, software, products, and services published on this website
may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. The Company and its affiliates may
make improvements or changes to this website at any time. In no event shall
the Company and its affiliates be liable for any direct, indirect,
punitive, incidental, special or consequential damages arising out of or in
any way connected with the use of this website, whether based on contract,
strict liability or otherwise, even if MC Enabling, LLC and affiliates have
been advised of the possibility of damages.
Equal Housing Opportunity
We are pledged to the letter and spirit of U.S. policy for the achievement
of equal housing opportunity throughout the Nation. We encourage and support
an affirmative advertising and marketing program in which there are no
barriers to obtaining housing because of race, color, religion, sex,
handicap, familial status or national origin.
Specific Terms and Conditions
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ACKNOWLEDGING WHO WE ARE AND WHAT WE DO
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Our company is a real estate
advertising company only,
all signage (if provided) is rented by our company to the customer.
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We do not provide
legal, appraisal, or any other professional real estate services.
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We recommend checking this service
agreement often, for all services and fees are subject to change
without notice.
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ELIGIBILITY FOR SERVICE
If you purchase any service offered on
FSBOAustinTx.com you assert that:
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You will abide by this service
agreement
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All information you supply to
FSBOAustinTx.com, to the best of your knowledge, is true and
accurate.
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You are eighteen years of age or
older
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You are the legal owner of the
property you are listing.
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You are both owner and seller,
therefore advertising your property on a “For Sale By Owner” basis,
with yourself named as seller. If you are a broker/owner, you will
disclose that fact in the description of your ad.
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If, during the term of your listing
on FSBOAustinTx.com, you request another party be named as seller,
then your ad will be discontinued and expired.
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The Company, expressly has the right
to remove any listing form FSBOAustinTx.com if you are not in
compliance with any of these policies.
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FEES AND REFUNDS
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Since most of our expenses are
incurred at the beginning of your listing, we do not offer refunds
for any reason whatsoever.
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We do not prorate the cost of our
services for any reason.
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The company is an advertising company
and does not guarantee the sale of your property.
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DURATION OF LISTING
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Your listing remains active on
FSBOAustinTx.com for 90 days or until your property is sold, taken
off the market, or listed with a real estate brokerage, whichever
comes first.
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Signs (if
provided) will remain in your
possession as long as your listing remains active, as defined above.
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CHANGES TO LISTING
You agree to
accurately maintain the information in your listing by promptly
altering it to reflect the most current conditions (e.g., Sale Pending,
or Price Reduction). Customers should login to their account to change
information when an offer is being entertained, or the property is
sold, or as needed. The Company and its representatives are not
responsible for making changes to listings or for maintaining accurate
data. This is solely a customer repsonsibility.
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PASSWORD AND USER ACCOUNT
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If you are a paid, registered
customer of FSBOAustinTx.com, you are solely responsible for
maintaining the confidentiality of your password and user account
information. If you suspect any unauthorized use of the account it
is your responsibility to promptly notify the Company.
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We will not and cannot be
held responsible for
any loss or damage arising from your failure to adequately safeguard
your user name and /or password, or to otherwise comply with this
provision.
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You are entirely responsible for any
and all activities which occur under your user account.
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ADVERTISING IN OTHER MEDIA
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Your property may be advertised or
marketed by the Company with other forms of media, such as, but not
limited to, newspaper advertisements.
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· At no time during the
active period your
property is listed on FSBOAustinTx.com may the property also be
listed with a real estate agent or broker. In the event you decide to
list with a real estate agent/broker, it is your responsibility to
notify us immediately. We will then pick up all rented signage (if
provided). If
you suspect a listing on our site is also listed with an
agent/broker or on the MLS please notify us immediately.
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PHOTOS
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Upload photos while logged into your
account.
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Customer may opt to
contract for photographic services from the Company or an
independent contractor not affiliated with FSBOAustinTx.Com.
If requested, the Company may post photos at the customer's request
for a fee.
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END OF SERVICE
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Your listing will expire
in 60 calendar days or as soon as
your property is sold, taken off the market, or listed with a real
estate agent, whichever comes first.
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You agree to notify the company
immediately following the real estate closing so that we may pick up
our signage and change the status of your property on our site to
“Sold”. If for any reason you decide to cancel your listing, simply
notify us at
fsboaustintx@gmail.com immediately. We will then come out to the
listed property to collect all signage (if provided). In order to keep our costs
low it is important we recover and redeploy signs.
X. Sign Policies
If our company provides you with the rental of attractive, professional
signage.
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Yard Sign Underground Utility/Sprinkler
Policy:
It is your, the home seller’s, responsibility to call
One Call Board of Texas (1-800-432-4770)
to be sure area is free of underground lines
prior to sign placement for utility locating. It is your responsibility
to place a flagged-marker in the location that the Yard Sign is to be
safely located. In the event that a flagged-marker has not been placed
by the customer to locate the placement of the Yard Sign, the company is
granted the permission to do so. The company, in any instance, is not
responsible for damage to any underground utilities or sprinkler systems
from the placement of Yard Signs. The company is not responsible for any
bodily or property damage from any individual who attempts to install,
remove, or relocate any sign, that has been provided by the company.
Purchasing any of our services indicates your agreement and compliance
with this policy.
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Delivery & Placement of Signage:
All signage will be delivered in approximately 2-4 business days form
the time of listing with this website.
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The Yard Sign is the only sign to be
installed by our company. All other signage, such as directional signs
are to be placed by the customer. These signs will be laid at your
front/side entrance (or other place, if you specify) for you to install.
The company is not responsible for any fine or penalty resulting from
unlawful placement of signs. The customer is responsible for any consequences
that may result from the improper placement of these signs.
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Writing on Signage:
All signage must not be tampered with, written upon or destroyed in any
way. The signs production cost will be charged to any sign that is
written on. If you have ideas of how to tailor the signs to more
effectively market your property, we welcome you suggestions and
recommend calling us to discuss.
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Returning all signage:
You are required to make all signage, including the yard sign and
brochure box available for pick up at the expiration or cancellation of
your listing. You are required to gather any directional signs and make
them available. You are responsible for their safekeeping.
The yard sign is only to be removed by our company. The customer is held
responsible for any damaged or missing yard sign and/or parts. Damage
fees to be charged to the customer if damage occurs:
Yard sign: $50, Brochure Box $15, Lower Rider only $10, if not made
available after seven days after the property has sold, listed with an
agent or broker, or otherwise terminated.
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