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TERMS OF USE: This site ("Site") is owned and opes for you to be fully bound by them. If you do not agree to them, you should not use, purchase, enjoy or download Materials. The headings contained in this Agreement are for convenierated by Barometer Media, LLC and/or other parties. The materials ("Materials") contained in the Site are provided by Barometer Media, LLC for informational purposes only. By downloading any of the Materials contained in this Site, you agree to the terms and provisions set forth in this legal notice. You must agree to these terms as a condition of using, purchasing or enjoying anything on FindMyFSBO.com or any other Barometer Media LLC website. You agree and acknowledge that you have read and understand these terms and agree to be bound by them without limitation or qualification. You further understand, agree and acknowledge that the services and your use, purchase and/or enjoyment of the services are exclusively governed by these terms, and these terms cannot be modified by you. You also agree and acknowledge that no signatures are required in connection with the termnce of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. In these Terms, “Site” refers to any Barometer Media LLC Website (including FindMyFSBO.com) “You” refers to users of any Barometer Media LLC website (including FindMyFSBO.com). “Customers” refers to users who purchase any product or Service on any Barometer Media LLC website (including FindMyFSBO.com), including without limitation listing their properties on the Web site. The words “we,” “us,” and “our” refer to Barometer Media LLC, the owner and operator of this Web site. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms. Ownership of Materials The contents of this Site, including the text and images are copyrighted and should not be distributed, modified, reproduced or used, in whole or in part, without the prior written consent of Barometer Media, LLC, except that you may download Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Access and Registration. If you open an Account at FindMyFSBO.com, you accept responsibility for all activities that occur under your Account, and agree not to sell, transfer or assign your Account or any Account rights. You agree to pay all fees and any other charges incurred in connection with your account (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 are nonrefundable. You are responsible for all fees and charges incurred to access ForSaleByOwner.com through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive for a period of one (1) year. Trademark Information Find My FSBO is a registered trademark of Barometer Media, LLC, registered in the U.S. and other countries. The absence of a product or service name or logo belonging to Barometer Media, LLC, or its affiliates anywhere in the text of this Site does not constitute a waiver of trademark or other intellectual property rights concerning that name or logo. This Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, or other proprietary rights of the Barometer Media, LLC, and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights, or Barometer Media, LLC and/or other parties is granted to or conferred upon you. Third Party Companies and Products Mention of third party products, companies, and web sites on this Site are for informational purposes only and constitute neither an endorsement nor a recommendation. Barometer Media, LLC provides this information only as a convenience to users and Barometer Media, LLC makes no representation whatsoever regarding the content of any other web sites. When you access a non-Barometer Media, LLC site, please understand that it is independent from Barometer Media, LLC, and that Barometer Media, LLC has no control over the contents on that web site. A link out to a non- Barometer Media, LLC web site does not mean that Barometer Media, LLC endorses or accepts any responsibility for the content or use of such web site. Barometer Media, LLC makes no representations regarding the quality, safety or suitability of any products by third party companies. All third party products must be ordered directly from the vendor and all licenses and warranties, if any, are made between you and the vendor. We Do Not Provide Real Estate Services to You. Barometer Media LLC or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or Customers; however, Barometer Media does not itself engage in real estate broker services on your behalf. All real estate brokerage services are performed by independent, local brokers/agents that have been referred to you by Barometer Media LLC. The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by Barometer Media LLC. Barometer Media LLC does engage in affiliate arrangements with many of the thrid party companies mentioned on our Site. Barometer Media LLC does receive compensation for any sales or referrals which come through any Barometer Media LLC website (including FindMyFSBO.com). Your registration with Barometer Media LLC and FindMyFSBO.com, use of the Services, and agreement to the Terms constitutes your acknowledgment of, and agreement to, any such compensation arrangement. Technical Problems or Computer/Browser Requirements. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE WEB SITE (INCLUDING WITHOUT LIMITATION NOT BEING ABLE TO LOG IN TO YOUR ACCOUNT OR NOT BEING ABLE TO UPLOAD PHOTOS) THAT REMOVE YOUR PROPERTY LISTING, CHANGE YOUR PROPERTY LISTING, OR CAUSE YOUR PROPERTY LISTING NOT TO BE DISPLAYED. YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A FAILURE TO VIEW YOUR PROPERTY LISTING THAT IS DUE TO YOUR COMPUTER’S OR YOUR BROWSER’S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS OF ANY BAROMETER MEDIA LLC SITE. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE. No Refunds Based on Modifications to the Services. THERE ARE NO REFUNDS BASED ON MODIFICATIONS TO THE SERVICES, AS BAROMETER MEDIA LLC. RETAINS THE RIGHT TO MODIFY THE SERVICES WITH OR WITHOUT NOTICE TO YOU. Consent to E-mail Communications from Barometer Media LLC. From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by Barometer Media LLC. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON ANY BAROMETER MEDIA LLC SITE, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM BAROMETER MEDIA LLC. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, FindMyFSBO.com, including, for example, communication during registration, communication on any Barometer Media LLC bulletin board, message or chat area, posting any listing or other content (including without limitation written, graphical or video content), placing any classified advertisement, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your own legal name is prohibited (except in those specific areas of Barometer Media LLC Sites or FindMyFSBO.com that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms). For all such information and material, you grant Barometer Media LLC, its affiliates and related entities (including The Cape Coral Barometer and FindMyRental.net) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all Barometer Media LLC affiliated Web sites, to include the information in a searchable format accessible by users of all Barometer Media LLC Web sites, as well as third-party web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant Barometer Media LLC the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. Please note Barometer Media LLC does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to any Barometer Media LLC website. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Barometer Media LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. Feedback and Information Any feedback, comments or suggestions you provide at this Site shall be deemed to be non-confidential. Barometer Media, LLC and its affiliates shall be free to use such information for any purpose on an unrestricted basis, including but not limited to the development, production, and marketing of products and services that incorporate such information. Disclaimer Barometer Media, LLC intends for the information and data contained in the Site to be accurate and reliable; however, some of the information and data have been compiled by the Barometer Media, LLC from a variety of sources and may not be accurate. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BAROMETER MEDIA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BAROMETER MEDIA LLC CANNOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAROMETER MEDIA LLC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. This Barometer Media, LLC Site contains information on our products and services, not all of which are always available. A reference to a Barometer Media, LLC product or service on a Barometer Media, LLC Site does not imply that such product or service is or will be available in your location or circumstances. FindMyFSBO.com is designed for homeowners (or buyers)to personally advertise their homes for sale (or search for homes to buy) online and/or as part of a larger home selling or buying campaign. Every effort has been made to accurately represent our products and their potential. There is no guarantee that you will sell your house using the products, techniques and ideas on this site. All home purchase or sale advice on FindMyFSBO.com including our Home Seller and Home Buyer guides are for entertainment and/or preparation purposes only. FindMyFSBO.com recommends all of our users to seek legal counsel when drafting any forms, negotiating with any sellers or buyers and for the entire duration of their home selling or buying activities. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FINDMYFSBO.COM, ALL BAROMETER MEDIA LLC COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF FIND MY FSBO.COM; (2) FIND MY FSBO.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU. Limitation of Liability Barometer Media, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if the Barometer Media, LLC or a Barometer Media, LLC authorized representative has advised you of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, in which case the above limitation or exclusion will not apply to you. In no event shall the Barometer Media, LLC total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence or otherwise) exceed the amount paid by you, if any, for accessing this Site. These Terms and any disputes that arise as a result of the information provided within this Site shall be governed by the laws of the state of Florida, without regard to its conflicts of law provisions. USE OF FINDMYFSBO.COM IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". IN NO EVENT SHALL FINDMYFSBO.COM AND/OR BAROMETER MEDIA LLC., OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FINDMYFSBO.COM AND/OR BAROMETER MEDIA LLC OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL FINDMYFSBO.COM AND/OR BAROMETER MEDIA LLC OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR. Limitations Period. YOU AGREE THAT ANY CLAIM, CONTROVERSY, OR DISPUTE WITH BAROMETER MEDIA LLC. OR ITS AFFILIATES OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED. Services Provided by Third Parties. We are not responsible or liable for any products or services obtained by or through any other party. The materials displayed on this site relating to services provided by any other party are advertisements and do not constitute an offer or promise to make a loan or provide any other service by us. There is no endorsement by us of any other party or the products and services made available by or through any other web site. Use of E-mail System. By using our e-mail system to contact FindMyFSBO.com Customers, you are agreeing to these Terms, including, without limitation, this email policy. You agree to use the e-mail system only to contact Customers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on ForSaleByOwner.com. In no event may you contact a customer of FindMyFSBO.com using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Customer. IF YOU VIOLATE THIS EMAIL POLICY, YOU AGREE TO COMPENSATE FINDMYFSBO.COM AND BAROMETER MEDIA LLC. FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $1,000 PER OCCURRENCE. Update of Terms and Conditions Herein Barometer Media, LLC may from time to time revise these Terms and Conditions by updating this posting. You should therefore periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound.
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