By completing the registration and accepting the terms of this agreement (this "Agreement"), you become an account-holder of fsboprime.com (the "Service"). You also agree that you have read and understand the terms and conditions contained herein and agree to comply with them.
fsboprime.com and the services offered on it are owned or licensed by and operated by FSBO Prime, LLC. Before you begin using the Service, you must affirmatively agree to be bound by these Terms and Conditions pertaining to your use of the Service. FSBO Prime, LLC may revise these Terms and Conditions at any time without prior notification. Please check the Terms and Conditions section of our web-site periodically. Your use of the Service will constitute your agreement to these Terms and Conditions as well as your acceptance of any revisions made to these Terms and Conditions. If you do not agree to any such revisions, then you must immediately discontinue use of the Service and notify FSBO Prime, LLC that you are terminating the Agreement(s).
You agree that your right to use fsboprime.com service is personal to you. You agree not to resell or make any commercial use of fsboprime.com, except as provided in this Agreement, without the express written consent of FSBO Prime, LLC and you agree to be fully liable for the use of your account, including any unauthorized use of your account by a third party. Copyrighted material or software may not be posted or uploaded to the service without the permission of the copyright holder(s).
You may not resell or transfer your account or any of its benefits to any other person or entity. Persons in the same household or business may share a single user ID.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND YOUR ACCOUNT IS AT YOUR SOLE RISK. FSBO Prime, LLC AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION AND LOSS OF DATA) THAT YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL FSBO Prime, LLC’s LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED OUR SERVICE CHARGES DURING, OR FOR, THE AFFECTED PERIOD: (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON; AND (2) FOR ALL OTHER CLAIMS, ACTIONS OR DAMAGES PERMITTED HEREIN. FSBO Prime, LLC AND ALL THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR (FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE, THE SOFTWARE, OR ANY THIRD-PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, FSBO Prime, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
You agree to indemnify, defend and hold harmless FSBO Prime, LLC, its affiliates, officers, directors, employees, consultants and agents from any, and all third-party claims, liabilities, damages and/or costs (including, but not limited to, attorney's fees) arising from your use of fsboprime.com, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
You will not send or post any material that is abusive, obscene, threatening or illegal. You agree not to defame individuals or organizations. Although FSBO Prime, LLC has no policy of censorship and does not preview postings by account-holders, we reserve the right (but not the obligation) to delete any material that comes to our attention that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the content, including any reliance on the accuracy, completeness, or usefulness of such content.
Although FSBO Prime, LLC regards all e-mail as private, no special facilities are provided to guarantee this. You should consider that any message could be intercepted and read. While the operators of this system have the capability of reading any message, we do not screen or censor email. Any account-holder who receives a harassing, threatening, obscene or illegal message should notify FSBO Prime, LLC immediately. It is best not to respond to any objectionable message.
Advertising, solicitation or marketing on fsboprime.com is prohibited, except in special areas designated by the system operator, and with express permission of FSBO Prime, LLC.
Information about your registration is confidential. We do not "sell" information about account-holders. However, we may use registration information to customize news, and/or product and/or information services and/or offerings to them. FSBO Prime, LLC will use ordinary skill and prudence in protecting your personally identifiable information. However, FSBO Prime, LLC shall not be liable for protecting such data from loss, misuse, or unauthorized access or disclosure, alteration or destruction.
Multiple ads for the same property are not allowed. Each listing is for a single property only.
Each home or parcel/lot for sale is an individual ad and must have its own address or parcel number. Special arrangements can be made with FSBO Prime, LLC management to purchase one ad package to sell more than one parcel/lot or properties.
All information given by you must be accurate. Any account found to contain false information will be terminated immediately without refund. Accounts or ads no longer able to be verified by telephone number or e-mail contact will be considered abandoned and removed from the system.
The Service may provide, or third parties may provide, links to other websites or resources. Because FSBO Prime, LLC has no control over such sites and resources, you acknowledge and agree that FSBO Prime, LLC is not responsible or liable for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. You further acknowledge and agree that FSBO Prime, LLC shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
FSBO Prime, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FSBO Prime, LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Furthermore, FSBO Prime, LLC makes no representation or warranties regarding availability of fsboprime.com, response time of the server, or connection bandwidth to the Internet.
FSBO Prime, LLC’s website fsboprime.com, acts as the venue for buyers and sellers. FSBO Prime, LLC is not involved in any actual transaction between buyer and seller. FSBO Prime, LLC cannot guarantee the quality, safety or legality of the homes advertised, the truth or accuracy of the ads, the ability of sellers to sell the homes, or the ability of buyers to buy the homes. FSBO Prime, LLC cannot and does not control whether ornot sellers will complete the sale or buyers will complete the purchase. Account-holders are warned that there is a risk of dealing with persons acting under false pretenses. FSBO Prime, LLC cannot confirm that any account-holder or buyer is the person he or she claims to be.
In the event that you have a dispute with one or more users or account-holders of fsboprime.com, you release FSBO Prime, LLC agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
FSBO Prime, LLC cannot advise buyers and sellers about financing, buying ability, home inspections, mortgage rates and other related information relating to a transaction or potential transaction; buyers and sellers are encouraged to consult qualified professionals in these matters.
FSBO Prime, LLC is the sole owner of fsboprime.com and all copyright and other intellectual property rights in fsboprime.com. Under this Agreement you receive only a limited right to use fsboprime.com.
All or portions of the names, logos and other materials displayed by fsboprime.com may constitute the trademarks and/or other intellectual property of FSBO Prime, LLC or other entities. You are not authorized to use any such trademarks or other intellectual property. Ownership of all such trademarks and other intellectual property remains with FSBO Prime, LLC or those entities.
You agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Rock Island County, Illinois, and the laws of the State of Illinois shall govern the terms of this Agreement.
This Agreement will inure to the benefit of FSBO Prime, LLC's successors, assigns and licensees.
If any provision of this Agreement is found void or unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages shall remain in full force and effect.
Should you have any questions concerning this Agreement or the Service, or if you desire to contact FSBO Prime, LLC for any reason, please write fsboprime.com atOUR ADDRESS:
FSBO Prime, LLC
1117 Blackhawk Road
Rock Island, IL 61201