Terms and Conditions
TERMS AND CONDITIONS(Updated 1/15/2010)
FOR SALE MEDIA , LLC a Connecticut limited liability company (For Sale Media) having a principal place of business at 8 Knight Street, Suite 303, Norwalk, Connecticut, 06851, provides the services offered on the ForSaleMedia.com Web site (the "Services") to you, subject to and under the following Terms and Conditions (the "Terms" or the "Agreement"). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON FORSALEMEDIA.COM, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. In these Terms, "Web site" refers to ForSaleMedia.com. "You" refers to users of ForSaleMedia.com, or those who purchase any product or Service on ForSaleMedia.com, including without limitation listing their properties on the Web site. The words "we," "us," and "our" refer to For Sale Media, the owner and operator of this Web site. You agree that we may terminate your user access to the Services and your User 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.
1. Access and Registration. If you open an Account at ForSaleMedia.com, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access ForSaleMedia.com using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access ForSaleMedia.com using your name in whole or in part without our permission. If you believe someone has accessed ForSaleMedia.com using your user name and password without your authorization, e-mail us immediately at the address listed below.
For Sale Media provides most services free of charge, however some products or services may be provided for a fee. If you purchase a for fee product or service, you agree to pay all fees and any other charges incurred in connection with the product or service (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 of purchase (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access ForSaleMedia.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.
2. User Listing, Password, and Security. Users may create a user name (your e-mail) and password. Users are responsible for maintaining the confidentiality of their user names, and passwords. You, as a User, are solely responsible for all activities that occur under your user name, and password. As a User, you agree to immediately notify us of any unauthorized use of your user name, and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as User, agree that we may terminate your Account if it remains inactive for a period of one (1) year.
3. User Responsibilities. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. 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. You agree and acknowledge that your access to and/or use of the Services are for personal, noncommercial purposes only. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever.
4. User Responsibilities Concerning Property Listings.
* Standard Six Month Listing Plan (with Yard Sign). Any User who registers for the Standard Six Month Listing Plan (with Yard Sign) will be billed a one-time flat fee, which entitles the User to maintain the property listing until sold or expiration of the six month listing period. Notwithstanding the foregoing, the User is responsible for periodically extending the listing if desired, notifying ForSaleMedia.com of the sale of the property by changing the status of the listing on the Web site to "SOLD", thus indicating to ForSaleMedia.com to remove the listing and yard sign.
* We Do Not Provide Real Estate Services to You. For Sale Media or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or Users; however, For Sale 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 For Sale Media. The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by For Sale Media. You are not required to enter into any business relationship with the independent real estate broker/agent who we might refer to you.
As part of For Sale Media's Free Referral Program described herein, For Sale Media or an affiliate may receive payment including, but not limited, to a referral fee that may be a percentage of the commission received by a real estate agent/broker involved in any real estate transaction. Any such payment to For Sale Media or an affiliate is due to an agreement between For Sale Media or an affiliate and the real estate broker/agent involved. You are not directly liable for making such payment to For Sale Media, which receives such payments from the real estate broker/agent. Your registration with ForSaleMedia.com, use of the Services, and agreement to the Terms constitutes your acknowledgment of, and agreement to, any such compensation arrangement.
* How to Remove Your Listing/Cancel Your Ad Online. If your property sells, you should change the status of your listing on the Web site to "SOLD". For Sale Media will remove your listing coordinating removal with removal of your Yard Sign. If you decide to remove your property from the market, you should change the status of your listing on the Web site to "CANCELLED". For Sale Media will remove your listing coordinating removal with removal of your Yard Sign.
* Purchases through an Affiliate Publisher or Third Party. Users who gain access to the Services through a publisher that is affiliated with For Sale Media ("Affiliate Publisher") or third party must contact the Affiliate Publisher or this party for assistance with the Web site or for billing inquiries. FOR SALE MEDIA HAS NO OBLIGATION TO PROVIDE YOU SERVICE OR ASSISTANCE IF YOUR ACCESS TO THE SERVICES IS THROUGH AN AFFILIATE PUBLISHER OR THIRD PARTY. YOUR ONLY RECOURSE FOR SERVICE OR BILLING ISSUES IS TO CONTACT THE AFFILIATE PUBLISHER OR THIRD PARTY.
* Prices and Availability May Vary. The prices quoted in these Terms are for Internet purchases only, and prices may vary by sales channel (e.g., telephone orders). In addition, prices may vary by plan depending on specials, discounts, or rebates that may be in effect at any given time. Some or all plans listed may not be available in all areas. Please contact us for details on pricing and availability in you area.
* Use and Storage Guidelines. You understand, acknowledge, and agree that we may establish general practices and/or limits concerning the use of the Services, including without limitation the maximum number of days that information provided by you or account history and related data may be retained as part of the Services or maximum numbers of times or the maximum duration for which you may access the Services in a given period of time. IF YOU OBJECT TO ANY GENERAL PRACTICES OR LIMITS CONCERNING THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH GENERAL PRACTICES OR LIMITS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF THE SAME AND SATISFACTION WITH THE SERVICES SUBJECT TO SUCH GENERAL PRACTICES AND/OR LIMITS.
* Additional Services. ANY ADDITIONAL SERVICES PROVIDED THAT ARE NOT LISTED IN THE PLAN DESCRIPTIONS ABOVE ARE PROVIDED FREE OF CHARGE AND ARE SUBJECT TO CHANGE OR DISCONTINUATION AT ANY TIME. See Section 17 for additional details on Modifications to the Services.
* How the Free Referral Program Works. Real estate referral is a time-honored process through which licensed real estate professionals send or "refer" business to one another. One example of a referral involves a homeowner/User or home buyer calling a real estate professional in one first location, telling them that they need a referral to a real estate professional in another second location, then waiting to hear back from the first contacted real estate professional and being told to whom they have been referred in the second location. The Free Referral Program offered at For Sale Media.com works the same way. Pursuant to the Free Referral Program, Users interested in or needing to move from "for sale by owner" status to "full-service listing" status, or to purchase property with broker/agent assistance can secure a real estate broker/agent in their own location through ForSaleMedia.com by using our real estate referral service. You understand and agree that For Sale Media shall not be liable for any act or omission by the real estate broker/agent referred to you by For Sale Media.
5. Refunds in General. Under certain limited circumstances, For Sale Media may refund the purchase price or a portion of the purchase price for Services purchased from For Sale Media.
* User Obligations concerning Cancellation. In certain cases in its sole discretion, For Sale Media will attempt to make commercially reasonable efforts to accommodate its users that purchase products or the Services from ForSaleMedia.com and subsequently attempt to cancel such purchase. However, it is ultimately your responsibility to promptly inform For Sale Media that you are canceling a purchase in accordance with express terms of this Section 5, and For Sale Media is under no obligation to make accommodation for users that attempt to cancel or two issue refunds unless the express provisions of this Section 5 apply. FOR SALE MEDIA IS NOT RESPONSIBLE FOR AND NEED NOT HONOR CANCELLATION REQUESTS THAT IT DOES NOT RECEIVE OR DOES NOT RECEIVE IN A TIMELY FASHION.
* Voiding Charges within 24 Hours of Purchase. If you or Users or purchasers of a product through the ForSaleMedia.com on- line shop or the Services notify For Sale Media in writing of a cancellation within 24 hours of a purchase of a product or the Services, then For Sale Media will void, reverse, or credit the charges on such purchase.
* Request for Cancellation or Refund of an Upgrade Purchase. Cancellation and refund procedures for an upgrade purchase are the same as for purchases described above.
* 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. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE.
* Yard Signs and Related Products. THERE ARE NO REFUNDS FOR YARD SIGNS OR OTHER PRODUCTS THAT ARE SENT TO YOU OR INSTALLED IN CONNECTION WITH A SERVICE PLAN. YOU ARE SOLELY RESPONSIBLE TO INVESTIGATE AND ASCERTAIN THAT THE PREPARATION, INSTALLATION, AND MAINTENANCE OF A SIGN WILL NOT VIOLATE STATE OR LOCAL ZONING LAWS, RULES, OR REGULATIONS, OR THOSE OF ANY HOME OWNER'S ASSOCIATION OR SIMILAR ORGANIZATIONS, AND YOU SHALL BE LIABLE FOR PAYING ANY FEES, ASSESSMENTS, OR TAXES RELATING THERETO. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE PERSONS OR COMPANIES THAT INSTALL YOUR SIGN ARE INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES, PRINCIPALS, MEMBERS, OFFICERS, AGENTS OR JOINT VENTURERS OF OR WITH FOR SALE MEDIA, AND THAT FOR SALE MEDIA IS NOT LIABLE FOR ANY ACTS OR OMISSIONS BY SUCH PERSONS OR COMPANIES.
A YARD SIGN IS INSTALLED ON A POST THAT REQUIRES THE INSTALLER TO DIG A POST HOLE. YOU ARE RESPONSIBLE TO VERIFY THAT THERE IS AN EASILY ACCESSABLE LOCATION FOR SUCH A POST BEFORE THE ORDER IS PLACED. POSTS CANNOT BE INSTALLED IN ASPHALT, CEMENT, BRICK OR ANY SOLID SURFACE. BY PLACING A SIGN ORDER YOU GIVE THE INSTALLER PERMISSION TO ENTER THE PROPERTY TO COMPLETE THE JOB.
* No Refunds Based on Modifications to the Services. THERE ARE NO REFUNDS BASED ON MODIFICATIONS TO THE SERVICES, AS, FOR SALE MEDIA. RETAINS THE RIGHT TO MODIFY THE SERVICES WITH OR WITHOUT NOTICE TO YOU. See Section 17.
* No Refunds for Services Provided through an Affiliate Publisher or Third Party. THERE ARE NO REFUNDS IF A USER GAINS ACCESS TO THE SERVICES THROUGH AN AFFILIATE PUBLISHER OR THIRD PARTY. UNDER THESE CIRCUMSTANCES, YOUR ONLY RECOURSE IS THROUGH THE AFFILIATE PUBLISHER OR THIRD PARTY.
6. Free Trials. From time to time, you and/or Users may be offered free trials of the Services. You are bound by these Terms during a free trial. THERE ARE NO REFUNDS ASSOCIATED WITH AND PRODUCTS OR SERVICES RECEIVED BY YOU DURING A FREE TRIAL. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL NOT RE-USE ANY FREE TRIAL CODES OR ACCESS FREE TRIALS FOR MORE THAN ONE PROPERTY LISTING. MOREOVER, YOU ALSO UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL NOT USE A FREE TRIAL MORE THAN ONCE FOR THE SAME PROPERTY. You agree that we may terminate your user access to the Services and your User 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 this Section. If you purchase Services through the Web site, then any refund is governed solely and exclusively by Section 5 above.
7. Third-Party Services. Any dealings or communications you have through ForSaleMedia.com with any party other than For Sale Media are solely between you and that third party. For example, certain areas of ForSaleMedia.com may allow you to conduct transactions with third parties or purchase goods or services from third parties. YOU UNDERSTAND, ACKNOWLEGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL FOR SALE MEDIA HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be forwarded directly to the third party. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOU HAVE PURCHASED A SERVICE THROUGH A THIRD PARTY. Though some magazine publishers that are Affiliate Publishers may offer access to the Web site, these Affiliate Publishers are not owned by For Sale Media and are re not a part of For Sale Media. While some listings from these Affiliate Publishers may appear on the Web site, ALL USER SERVICE AND BILLING ISSUES MUST BE HANDLED THROUGH THE INDIVIDUAL AFFILIATE PUBLISHERS, NOT FOR SALE MEDIA.
8. Product Purchases from ForSaleMedia.com On-Line Store. All items purchased from the on-line store at ForSaleMedai.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For Sale Media in its sole discretion, may reship an item to you even if you bear the risk of loss for such item. However, under no circumstances will a refund be issued for an item not delivered to you. For Sale Media and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions in the on-line store at ForSaleMedia.com are accurate, complete, reliable, current, or error-free. IF A PRODUCT OFFERED BY ITSELF IS NOT AS DESCRIBED, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN IT IN UNUSED CONDITION. NO PRODUCT THAT HAS BEEN USED MAY BE RETURNED BY A CUSTIOMER. MOREOVER, PRODUCTS PURCHASED FROM THE ON-LINE STORE ARE, IN MOST CASES, SHIPPED THE SAME DAY THAT THEY ARE ORDERED; ACCORDINGLY, SUCH PURCHASES CANNOT BE CANCELLED AFTER THEY ARE MADE. ANY RETURN OR REFUND FROM THE ON-LINE STORE MUST BE APPROVED BY FOR SALE MEDIA IN ADVANCE. IF APPROVES THE RETURN AND REFUND OF A PRODUCT, THEN A USER WHO RETURNS SUCH PRODUCT PURCHASED FROM THE ON-LINE STORE MUST PAY RETURN SHIPPING AND A 15% RESTOCKING FEE. IF YOU RETURN A PRODUCT FROM THE ON-LINE STORE AFTER RECEIVING APPROVAL FROM FOR SALE MEDIA, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU WILL BE CHARGED AND WILL PAY A 15% RESTOCKING FEE. IF ANY PRODUCT YOU PURCHASE FROM THE ON-LINE STORE IS DELAYED OR DOES NOT ARRIVE, YOUR SOLE AND EXCLUSIVE REMEDY IS THAT FOR SALE MEDIA WILL REPLACE THE PRODUCT AND REFUND ANY SHIPPING & HANDLING CHARGED TO YOU.
9. Consent to E-mail Communications from For Sale Media, Affiliates, and Third Parties. From time to time, we will send you e- mail announcements or correspondence on new features, products and services offered by For Sale Media selected advertisers, affiliates, and related companies. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON FORSALEMEDIA.COM, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM , ITS AFFILIATES, RELATED COMPANIES, AND ADVERTISERS. SOME ADVERTISERS MAY PREFER TO CONTACT YOU DIRECTLY, AND PURCHASING, USING, OR ENJOYING THE SERVICES ON FORSALEMEDIA.COM, YOU EXPRESSLY CONSENT AND OPT-IN TO HAVING THIRD PARTY ADVERTISERS CONTACT YOU.
10. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, ForSaleMedia.com, including for example communication during registration, communication on any ForSaleMedia.com bulletin board, message or chat area, posting any listing or other content (including without limitation written, graphical or video content), placing any classified advertisement, entering any sweepstakes, 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 ForSaleMedia.com that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).
For all such information and material, you grant For Sale Media, its affiliates and related entities (including all third-party affiliates/partners) 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 For Sale Media affiliated Web sites, to include the information in a searchable format accessible by users of ForSaleMedia.com, other For Sale Media 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 For Sale Media 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 For Sale Media 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 For Sale Media. 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 For Sale Media 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.
11. Termination. You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
12. Disclaimers and Limitation of Liability. While For Sale Media uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Web site and assume no liability or responsibility for any error or omission in the such data or information. , FOR SALE MEDIA DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. For Sale Media has no responsibility for actions of third parties or for information provided or posted by others.
USE OF FORSALEMEDIA.COM IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. FOR SALE MEDIA AND ITS AFFILIATES AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law.
FORSALEMEDIA.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. FOR SALE MEDIA DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH FORSALEMEDIA.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL FOR SALE MEDIA 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 FOR SALE MEDIA 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 FOR SALE MEDIA 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.
13. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FOR SALE MEDIA, ITS PARENT AND AFFILIATED 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 ; (2)FOR SALE MEDIA '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 USER ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.
14. Dispute Resolution. Any claim or controversy arising out of or relating to these Terms, to the goods or Services provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with these Terms, including but not limited to any claim or controversy made by a User ("Dispute"), shall be finally, and exclusively, settled by arbitration in Fairfield County, Connecticut. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by For Sale Media from AAA's pool of arbitrators. In any arbitration, For Sale Media will pay the filing fee, plus the costs associated with the arbitrator for the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Fairfield County, Connecticut. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. Moreover, the arbitrator must abide by all these Terms and shall not have the power to reform or alter these Terms. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THE TERMS AND THIS AGREEMENT PROVIDE THAT ALL DISPUTES BETWEEN YOU AND FOR SALE MEDIA WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY.
15. Limitations Period. YOU AGREE THAT ANY CLAIM, CONTRIOVERSY, OR DISPUTE WITH FOR SALE MEDIA 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.
16. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the Web site, you will be governed by the Terms then present on the Web site and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION. In addition, when using particular portions of the Services, you will be governed by additional terms, which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
17. Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the "look and feel" of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
18. Terms of Service and Privacy Policy. The Terms of Service and Privacy Policy for ForSaleMedia.com are hereby incorporated by reference into these Terms, and your agreement to these Terms means that you also expressly agree to be bound by the Terms of Service and Privacy Policy for ForSaleMedia.com. For Users, in the event of a conflict between these Terms, on the one hand, and the Terms of Service and Privacy Policy, on the other, these Terms shall take precedence.
19. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflicts of law provisions.
20. Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and For Sale Media with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of For Sale Media to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to For Sale Media any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
21. Service Providers. Local service providers may purchase advertisements in the ForSaleMedia.com Service Provider Directory across separate categories. The maximum cost for creating an advertisement is $50 per month per category. Providers will be automatically re-billed to their credit card every thirty days from the date of signup. Payments for this service shall be made by automatic credit card debit. Providers can cancel their listing online or can send a cancellation request via e-mail at least 1 business day prior to renewal date. Direct all cancellation requests to: support@forsalemedia.com.
Each advertisement showcases the following information about an individual provider:
* Provider name
* Provider address
* Map to provider's address
* Provider phone number
* Provider email address
* A brief description of the provider's business
Service Providers are solely responsible for the content of their advertisement(s). For Sale Media reserves the right to edit said advertisement(s) at any time for any reason. For Sale Media makes no representations as to the accuracy of the information contained on individual Service Provider advertisements. For Sale Media makes no representations as to the quality of the services that are advertised in its Service Directory.
For Sale Media reserves the right to cancel and delete any advertisement for any reason without notice at the completion of the term for which the provider has paid.
22. 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.