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HOME » TERMS AND CONDITIONS

Terms and Conditions

These Terms and Conditions contain the legal agreement between you and MyFSBOPlus.com as it pertains to the access, use and/or purchase of services provided by MyFSBOPlus.com. By accessing, using and/or purchasing services provided by MyFSBOPlus.com you acknowledge that you have read and understand the Terms and Conditions outlined herein and agree to be bound by said Terms and Conditions without limitation, qualification or modification in any form. Further, you agree that your user access to the Services and your Customer Account and password may be terminated and that any content posted by you on or through the Services may be deleted, removed or discarded, with or without notice, if it is determined by MyFSBOPlus.com that you have these Terms.

MyFSBOPlus.com is an Internet website wherein Owners/Sellers of real estate can list their properties "for sale by owner". MyFSBOPlus.com is not a licensed real estate broker. MyFSBOPlus.com provides the following services to Owners/Sellers and Buyers of real estate: (a) list properties located nationwide for sale and for rent; (b) view for sale and for rent properties nationwide that are listed on the Website; (c) information to assist Sellers and Buyers in "for sale by owner" transactions - including, but not limited to, Sample Real Estate Purchase Contracts, Links to industry websites; (d) link to MLS listings for Denver Metro and Summit County areas in the State of Colorado.

If you have any questions concerning this Agreement, or MyFSBOPlus.com, please send us an email at contacts@myfsboplus.com. The principal address of MyFSBOPlus.com is 7500 East Arapahoe Road, Suite 240, Centennial, Colorado 80112

1. Definitions. As used in these Terms and Conditions, the words "the Website", "we", "us" and "our" refers to MyFSBOPlus.com. The words “User(s)” and "you" refers to persons accessing and registering onto the MyFSBOPlus.com website. The word "Customer" refers to users who purchase services provided by MyFSBOPlus.com.

2. Access and Registration. When you, as a User and/or Customer, register on MyFSBOPlus.com, you will create a user name (your e-mail address) and password. Also, when you list your property on MyFSBOPlus.com, you will be assigned a listing number for each property . You acknowledge that all activities that occur under your Account or password are your responsibility, including, but not limited to, maintaining the confidentiality of your user name, password an/or listing number and restricting access to the Website via your computer. Further, you acknowledge that only persons from your household are authorized to access the Website account which is registered to your household and you agree not to sell, transfer or assign your Account information and/or rights. If persons from households other than your household access the Website access the Website using your user name and password, MyFSBOPlus.com reserves the right to terminate your Account. If you believe someone has gained access to your user name and password, please contact MyFSBOPlus.com immediately at contacts@myfsboplus.com so that your user name and password can be changed. MYFSBOPLUS.COM IS NOT LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR FAILURE TO SAFEGUARD YOUR USER NAME, PASSWORD AND/OR LISTING NUMBER.

Upon registering on MyFSBOPlus.com and purchasing any of the services provided on the Website, you agree to pay all charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. Said charges will be automatically billed to your credit card at the time said charges are incurred and are nonrefundable. You are responsible for all fees and charges incurred through the Internet access provider or other third party service you use to access MyFSBOPlus.com. Further, if your account remains inactive for a period of one (1) year, you acknowledge that MyFSBOPlus.com may terminate your account with or without notice.

3. Customer Responsibilities. When registering on MyFSBOPlus.com, you acknowledge that you are at least 18 years old, and of legal age to enter into a binding contract. You also agree to provide true, accurate, current and complete information and to keep your information updated and maintained at all times. If at any time MyFSBOPlus.com determines that the information you have provided is NOT true, accurate, current and complete, we may suspend or terminate your access and use of the Website and may refuse future access by you to the Website. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services.

As a registered User and/or Customer of MyFSBOPlus.com, you acknowledge that you are solely responsible for any and all acts or omissions that occur under your user name, password and/or listing number including, but not limited to, the accuracy and completeness of all content submitted, posted or transmitted by you or any person in your household who accesses the Website through your account. Further, you agree and acknowledge that your use and access of services provided on the Website are for personal purposes only, to include the advertisement for sale of a property owned by you and/or the search of properties listed on the Website for the purchase of a home by you. You agree and acknowledge that your use and/or access to the Website will not be for commercial purposes for you or a third party to promote or enhance your own commercial project. You agree not to duplicate, copy, reproduce, or sell any portion of the services provided by the Website or to use and/or access. You may not include a link from your listing on MyFSBOPlus.com to any other website, with the exception of a link to a virtual tour of said listing. You agree to compensate MyFSBOPlus.com in the amount of $15,000.00 for liquidated damages in the event you violate this Section 3 of the Terms and Conditions.

4. Information and Listing Content Provided by User/Customer. With respect to any and all communication and/or information provided by User/Customer to MyFSBOPlus.com, User/Customer hereby represents and warrants that (a) all information is accurate, true and correct including, but not limited to, the name and contact information of User/Customer; (b) if Customer lists a property for sale on MyFSBOPlus.com, Customer is the legal owner of said property and/or has the legal right, title and interest in said property to list and sell said property; and (c) any information that can be copyrighted, including, but not limited to, photographs, graphics, videos, virtual tours and written descriptions, do not violate or infringe upon the copyright rights of any person or entity.

5. Removing Your Listing/Canceling Your Ad. As soon as their property listed on the Website sells, Customer is required to change the listing status of their property and cancel the automatic billing if Customer has registered for the Basic Plan. To change the listing status, simply login to your account on MyFSBOPlus.com, click on View/Renew Existing Listings, click on Modify under your listing, change Listing Status from Active to Deleted, scroll down page and click on Modify This Listing at the bottom. To cancel the automatic billing on the Basic Plan, email contacts@myfsboplus.com to let us know you are canceling your. If Customer fails to change their listing status and cancel their ad upon the sale of the property, MyFSBOPlus.com may charge Customer a fee not to exceed $50.00 for having to do so.

6. Real Estate Services. If User/Customer requires the services of a real estate broker or agent, MyFSBOPlus.com or its affiliates may refer User/Customer to a local independent real estate broker or agent. MyFSBOPlus.com does not engage in real estate broker or agent services on the behalf of User/Customer. The terms and conditions of any agreement made between User/Customer and the real estate broker or agent is confidential to the parties of said agreement. MyFSBOPlus.com will not be informed of nor have any knowledge of the terms or conditions of said agreement.

7. Listing Expirations and Renewals. As a reminder to Customers to remove sold properties from the Website, all Plans need to be renewed to remain active on the Website.

A. Monthly Plan. The Basic Plan will expire 30 days from purchase. Seven (7) days prior to the expiration of the listing, Customer will receive an email notification advising them the listing is about to expire and to please log in and renew it. If Customer chooses to renew their listing, Customer is required to log into the Website, enter their credit card data and are charged the Basic Plan rate. If Customer does not wish to renew their listing, no action is required. Upon expiration date, the listing will not be viewable to the public.

B. Until Sold Plans. The initial listing will expire 90-days from date of purchase, at which time the Customer may renew the listing at no cost. Renewals are set at 90-day increments. Customer will receive an email notification seven (7) days prior to the expiration of the initial listing and any renewal period. If Customer chooses to renew the listing, Customer is required to log into the Website and click on “Renew”. If a renewal is not requested by the expiration date of the listing or any prior renewals, the listing will not be viewable to the public. If Customer chooses to renew the listing, but is unable to do so prior to the expiration date, Customer can access the listing by logging into the Website, clicking on the “Utilities Menu” and then clicking on “Renew”. The listing will then be viewable to the public with no additional charge.

It is the responsibility of Customer to maintain the correct email address in their Website account information, as this is the sole means of contact MyFSBOPlus utilizes.

8. Refund Policy. Under certain limited circumstances, MyFSBOPlus.com may refund the full or partial purchase price for services purchased from MyFSBOPlus.com, as detailed below:

A. Customer Responsibility. Although it is the policy of MyFSBOPlus.com to make every reasonable effort to accommodate their Customers if it is the Customer's intent to cancel the service purchased by Customer, it is the responsibility of Customer to inform MyFSBOPlus.com of their intent to cancel said service in accordance with the terms of this Refund Policy.

B. Refund within 48 hours of Purchase. Provided Customer contacts MyFSBOPlus.com in writing, within 48 hours of purchase, of their intent to cancel the service purchased by Customer, MyFSBOPlus.com will refund to Customer the full purchase price of said service, less a $20.00 Cancellation Fee. MYFSBOPLUS.COM WILL NOT PROCESS A REFUND FOR ANY SERVICE IF THE WRITTEN INTENT TO CANCEL IS RECEIVED FROM CUSTOMER AFTER 48 HOURS OF PURCHASE OF SERVICE.

C. Service Provided through Third Party. Customer will not receive a refund from MyFSBOPlus.com if Customer has gained access to services provided by MyFSBOPlus.com through a third party.

D. Modifications to Services. Customer will not receive any refunds due to modifications of services provided by MyFSBOPlus.com. MyFSBOPlus.com retains the right to modify services provided with or without notification to User/Customer.

E. Computer / Technical Problems. Customer is not entitled to a refund from MyFSBOPlyus.com due to problems stemming from, in whole or in part, Customer’s computer, peripheral device, and/or internet browser. Customer will not receive a refund from MyFSBOPlus.com for temporary technical and /or service failure problems with the Website which include, but are not limited to, inability to log in to Customer’s account, inability to upload photos, property listing not being displayed on and/or temporarily deleted from Website.

F. Yard Signs, Brochures and Other Products Provided by MyFSBOPlus.com. Customer is not entitled to a refund for the return to MyFSBOPlus.com of yard signs, brochures or other related products that are provided to Customer as part of the service(s) purchased by Customer.

9. Modifications to Services. MyFSBOPlus.com reserves the right to modify or discontinue (either temporarily or permanently) the operation of the Website with or without notification to User/Customer. Modification can include, but is not limited to, any content posted on the Website, appearance, usage, listing format, functionality, inclusion of information and/or links and administrative tools of the Website. User/Customer acknowledges and agrees that MyFSBOPlus.com will not be liable to User/Customer or any third party in the event MyFSBOPlus.com modifies or discontinues (either temporarily or permanently) operation of the Website.

10. Free Trial Offers. MyFSBOPlus.com may offer Users/Customers Free Trials for services provided on the Website. User/Customer understands and acknowledges that these Terms and Conditions apply to the trial period without limitation, qualification or modification in any form. User/Customer is not eligible for any refunds of services and/or products associated with any free trial offer(s).

11. Upgrades. MyFSBOPlus.com may, from time to time, offer upgrades to services offered. Said upgrades may be offered for a limited time, are subject to change with or without notice and are subject to these Terms and Conditions.

12. Termination of Account. If User/Customer violates or acts in a way that is not consistent with the actual verbiage and general spirit of these Terms and Condition, User/Customer acknowledges and agrees that MyFSBOPlus.com, at its sole discretion, may terminate User’s/Customer’s access to the Website and/or use of Services, deactivate and delete their account and/or password, and may delete any and/or all information posted on Website by User/Customer with or without notice, without limitation and effective immediately. User/Customer may discontinue their access to and usage of the Website pursuant to the provisions of these Terms and Conditions. User/Customer acknowledges and agrees that MyFSBOPlus.com shall not be liable to User/Customer or any third party for the termination of User’s/Customer’s account, password, access to or use of Services of the Website pursuant to this section.

13. Liability Limitations and Disclaimers. While it is a requirement pursuant to these Terms and Conditions for all User/Customer of the Website to update and keep accurate any and all information listed on the Website by User/Customer, and while MyFSBOPlus.com makes every reasonable effort to verify that said User/Customer information is updated and accurate, MyFSBOPlus.com does not make any warranties or representations as to the accuracy and/or completeness of said User/Customer provided information and assumes no liability or responsibility for any errors or omissions in said User/Customer provided information. MyFSBOPlus.com does not accept nor assume the responsibility for actions by User/Customer or any third party or for any information provided by or posted by User/Customer or any third party.

User/Customer understands, agrees and acknowledges that their use of and/or purchase of services provided by MyFSBOPlus.com is at their own risk and on an “As Is” and “As Available” basis. MyFSBOPlus and their employees and affiliated companies, if any, make no warranty concerning the content contained on the Website, the services provided by MyFSBOPlus.com and/or the possible results obtained by use of the Website by User/Customer or any third party. MyFSBOPlus, its employees and/or affiliated companies are not responsible nor liable for contented posted on the Website by User/Customer or any third party. MyFSBOPlus.com, its employees and/or affiliated companies are not liable for any damage to or virus that may infect User/Customer computer equipment, hardware, software or property. As there are some jurisdictions wherein certain implied warranties cannot be excluded, some of the exclusions as noted in these Terms and Conditions may not apply to all Users/Customers. Due to the extent that MyFSBOPlus.com may not disclaim implied warranties as applicable by law, the scope and duration of any such warranties shall be the minimum required under such applicable law.

In that MyFSBOPlus.com may contain facts, opinions, statements, views and/or recommendations of and/or by third parties, MyFSBOPlus.com does not endorse nor represent the facts, opinions, statements, views and/or recommendations of said third parties. User/Customer understands, agrees and acknowledges that their reliance on such facts, opinions, statements, views and/or recommendations is at their own risk.

Neither MyFSBOPlus.com nor its employees or affiliated companies shall be liable for any damages, including but not limited to, punitive, indirect and/or consequential, relating to the loss of data, profits or good will due to the unauthorized access to or alteration of User/Customer data or services provided by MyFSBOPlus.com MyFSBOPlus.com, its employees and/or affiliated companies shall not be liable for any direct damages in an amount to exceed $100.00. MyFSBOPlus.com, its employees and/or affiliated companies shall not be liable for any direct damages after a period of one year after User/Customer account becomes inactive.

14. Indemnification. User/Customer agrees to indemnify, defend and hold harmless MyFSBOPlus.com, its affiliated companies and their respective directors, officers, employees, contractors, suppliers and agents from any and all damages, including, but not limited to attorney fees and court costs, relating to or arising from any and all claims, including, but not limited to, intellectual property infringement, trade disparagement, privacy infringement and defamation, concerning (a) User/Customer use of the Website, (b) MyFSBOPlus.com use of information provided by User/Customer, (c) information posted on Website through User/Customer account’ and/or (d) any violation of these Terms and Conditions by User/Customer.

15. Period of Limitations. User/Customer acknowledges and agrees that any dispute, claim or controversy with MyFSBOPlus.com, its employees and/or affiliated companies, if any, must be brought with six (6) months of when said dispute, claim or controversy first occurred, or said dispute, claim or controversy shall be forever barred.

16. Dispute Resolution. User/Customer agrees and acknowledges that any dispute, claim or controversy that may arise from or relate to these Terms and Conditions, Services provided by MyFSBOPlus.com, or for any acts or omissions User/Customer may deem MyFSBOPlus.com to be liable for with regard to these Terms and Conditions shall be settled through arbitration in the County of Arapahoe, State of Colorado. Said Arbitration shall be held before one (1) arbitrator, who shall be selected pursuant to the rules of the American Arbitration Association (“AAA”). Said Arbitration shall be conducted within the Commercial Arbitration rules of the American Arbitration Association in force at that time. In the event there are no rules within the AAA concerning the selection of an arbitrator, User/Customer shall select an arbitrator from a list of AAA arbitrators doing business in the County of Arapahoe, State of Colorado, said list being accepted and chosen by MyFSBOPlus.com. Arbitration must begin within six (6) months of when the dispute, claim or controversy first occurred with written demand being made and served by one party to the other. The filing fee for arbitration shall be paid by the party requesting arbitration. Any additional fees shall be paid by the non-prevailing party. A judgment may be entered in any court of competent jurisdiction in the State of Colorado, County of Arapahoe, based upon the reward determined by the arbitrator. The arbitrator does not have the power to award damages in connection with any dispute, claim or controversy in excess of actual compensatory damages, Arbitrator does not have the power to multiply actual damages or award consequential, punitive or exemplary damages and all parties to any dispute, claim or controversy irrevocably waives any claim thereto. Arbitrator is required to abide by these Terms and Conditions and shall not have the power or ability to modify or alter these Terms and Conditions. This agreement to arbitrate with User/Customer of MyFSBOPlus.com shall not be interpreted as an agreement to join or consolidate with the arbitration of any dispute, claim or controversy of any non-party (non User or Customer of MyFSBOPlus.com) regardless of the type of issue or dispute involved. These Terms and Conditions provide that any and all disputes, claims or controversies between User/Customer and MyFSBOPlus.com be resolved by binding arbitration. Therefore, User/Customer hereby relinquishes and waives their rights to have any dispute, claim or controversy heard by judge and/or jury in a court of law. User/Customer further agrees and acknowledges that they hereby relinquish and waive their right to participate in or bring against MyFSBOPlus.com, any class action suit.

17. Modification of Terms and Conditions. MyFSBOPlus.com has the right to change the Terms and Condition without prior notification to User/Customer. Whenever User/Customer access the Website, User/Customer shall be governed by the Terms and Conditions in effect at that time. There may be sections within the Services provided by MyFSBOPlus.com that may include additional terms and conditions specific to that section. In this event, said additional terms and conditions will apply when User/Customer accesses said sections. Said additional terms and conditions are incorporated hereby by this reference. If said additional terms and conditions conflict with these Terms and Conditions, said additional terms and conditions shall apply when User/Customer accesses said Services. If User/Customer objects to modifications to the Terms and Conditions and to any said additional terms and conditions, the sole recourse of User/Customer shall be to cease the use of the Services. If User/Customer continues using the Services after any modifications of the Terms and Conditions or any additional terms and conditions, then such continued use shall indicate User’s/Customer’s acknowledgement of any modifications and User/Customer shall be bound by any modifications of these Terms and Conditions or any additional terms and conditions.

18. Terms of Service and Privacy Policy. User/Customer acknowledges that the Terms of Service and Privacy Policy of MyFSBOPlus.com are hereby incorporated by reference into these Terms and Conditions and that User’s/Customer/s agreement to these Terms and Conditions also means that they agree to be bound by the Terms of Service and Privacy Policy of MyFSBOPlus.com. Furthermore, User/Customer acknowledge and agree that, in the event of a conflict between these Terms and Conditions and the Terms of Service and Privacy Policy, these Terms and Conditions shall take precedence.

19. Governing Law. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions.

20. Unsolicited Materials. It is the policy of MyFSBOPlus.com to not accept unsolicited materials or ideas for use or publication. Further, MyFSBOPlus.com shall not be held responsible for the similarity of any content of materials or ideas submitted to MyFSBOPlus.com. In the event a third party submits unsolicited materials or ideas to MyFSBOPlus.com, said third party does so with the understanding they will receive no consideration from MyFSBOPlus.com. Said third party further understands they waive any claim regarding the possible use of any materials and ideas that are in any way similar to any unsolicited materials or ideas sent to MyFSBOPlus.com by said third party.

21. Entire Agreement. These Terms and Conditions constitute the entire and exclusive legal agreement between you and MyFSBOPlus.com as it pertains to the access, use and/or purchase of services provided by MyFSBOPlus.com. Any provision in these Terms and Conditions that shall be found unenforceable, for any reason, shall be enforced to the maximum intent allowed so that the affect and intent of all parties shall be as reflected in said provision. The remainder of the Terms and Conditions shall continue in full force and effect. If MyFSBOPlus.com fails to enforce or exercise any provision in these Terms and Conditions, said failure shall not constitute a waiver of said provision. User/Customer agrees that, in the event of termination of these Terms and Conditions for any reason whatsoever, certain provisions will survive said termination, included, but not limited to limitations on use of services, indemnification and/or disclaimers or limitation of liability, and wherein survival of provision is equitable or appropriate.