FreeFsboOhio.com
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FreeFSBOOhio.com

Services Agreement

Terms and Conditions of Service and Use

This Web site and the services offered on it (collectively, hereafter referred to as the "Services") are provided by FreeFSBOOhio.com under the following terms and conditions of service and use (hereafter referred to as the "Terms"). Please read them carefully, understand and acknowledge that the Services are provided to you exclusively under these Terms. By accessing and using, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification. On this Web site, the terms "we", "us", or "our" refer to FreeFSBOOhio.com.

SECTION I

FreeFSBOOhio.com reserves the right to make changes to the Terms if we feel that it is appropriate. We make you aware you of any modifications by posting the changes on the FreeFSBOOhio.com home page. If you disagree with any such changes, your primary and sole course of action will be to stop using the Services. Any continued use of Services after notice has been given of any such changes shall indicate your acknowledgement of such change agreement to be bound by the terms and conditions of such changes, without limitation or qualification. FreeFSBOOhio.com also reserves the right to modify or discontinue, whether it be temporarily or permanent, Services (or any part thereof) with or without notice to you. We shall not be responsible or liable to you or any party   We exercise our right to modify or discontinue the Services. If you object to any such changes, your primary action shall be to stop using the Services. Continued use of the Services following notice of any such change indicate your acknowledgement of such changes and satisfaction with the Services in their modified state.

SECTION IIa

FreeFSBOOhio.com holds you responsible for maintaining the confidentiality of your username and password and are solely responsible for any and all activities that occur under your username and password. You agree to avoid any unauthorized use of your username and password or any other breach of security related to the Services you become aware of the unauthorized use. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR, DUE TO YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD OR TO OTHERWISE COMPLY WITH THIS SECTION.

SECTION IIb

FreeFSBOOhio.com holds you responsible for maintaining the accuracy of any information published on your account. The user is solely responsible for updating or expiring any information that is no longer true or accurate but not limited to the following instances: (a) The home has a sale pending (b) The home has been sold (c) It is no longer for sale (d) The home is no longer for sale by the owner of the home (e) the home is under a listing contract with a Real Estate Brokerage company. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED ( ON THE PART OF THE SELLER, THE BUYER OR THE PROSPECTIVE BUYER), DUE TO INACCURACY OF ANY INFORMATION PUBLISHED BY YOU OR PUBLISHED UNDER YOUR ACCOUNT OR FAILURE IN ANY OTHER WAY TO COMPLY WITH THIS SECTION.

SECTION III

In providing information to us during the registration process, you agree to provide true, accurate, and current information as asked 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 it to be, 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. You are responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of the Services and all charges related. You are solely responsible for all acts or omissions that occur under your account or password, including for (as defined below) that you (or anyone using your account) submit, post or transmit through the Services. You are expressly prohibited from using the Services to do any of the following:

  • violate any local, state, national or international law;
  • stalk, harass or harm another individual;
  • collect or store personal data about other users;
  • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • interfere with or disrupt the Services or servers or networks connected to the FreeFSBOOhio.com Website other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the FreeFSBOOhio.com System;
  • And submit, post, store or transmit any (a) Content that is unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, sexist, or ethnically or otherwise objectionable.  Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or a computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
SECTION IV
FreeFSBOOhio.com is not a publisher of any content or information provided by users of the Services. We simply distribute this Content and have no editorial control over such Content. Any opinions, advice, stated services, offers, or other information or Content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information We neither endorse nor are responsible for the accuracy or reliability of any opinion or information, or statement made on the FreeFSBOOhio.com Web site. We have the right and obligation, to monitor and review the Content on the FreeFSBOOhio.com Web site to determine compliance with these Terms and any other operating rules established to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor Content for accuracy or reliability, but that we and our designees shall have the obligation in our sole discretion to remove any Content from the Services.  We and our designees shall have the right to remove any Content that violates what we believe may create liability for us, or that we deem otherwise objectionable.
SECTION V

Any business dealings with, correspondence with, participation in promotions of, or purchase of goods to and/or from any of our partners, advertisers or sponsors found on or through the Services, and any terms, conditions or representations associated with such dealings, are solely between you and such partner(s) or advertiser(s). YOU AGREE THAT FreeFSBOOhio.com SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH THE SERVICES.

SECTION VI

Our provision of a link to any other Web site or location is for your convenience and does not signify our endorsement of such other Web site or location or its contents. Any concerns you may have regarding any external link should be sent to that link's Web site administrator or webmaster. FreeFSBOOhio.com SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.

SECTION VII

We do not condone or allow spam. We prohibit you from using the Services to promote your own Web site or business, product or service through the sending of unsolicited email. We reserve the right to investigate complaints and terminate your rights to Services under this Agreement.

SECTION VIII

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access of the Services, and remove and discard any information posted by you on or through the Services, for any reason, with or without notice and effective immediately, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately delete your account and all related information and files in your account and/or bar any further access to the Services. You agree that we may terminate your account if it remains inactive for an extended period of time FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TIME OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Service at any time.

SECTION IX

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR USE, OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES.

WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT ARE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OR THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL CORRECTED; OR (E) THE FreeFSBOOhio.com WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.

WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FreeFSBOOhio.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.

SECTION X

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARTNERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGE LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS ARISING OUT OF OR IN ANY WAY RELATED TO:

  • the use or the inability to use the Services;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or service purchased or obtained or transactions entered into through or from the Services;
  • unauthorized access to or alteration of your transmissions or data;
  • statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene or illegal conduct or any infringement of another's rights, including intellectual property rights;
  • your failure to adequately safeguard your password or access to the Services;
  • any content you access through the services, including, but not limited to, any errors or omissions in said content
  • your use of or reliance of any Content posted, emailed or otherwise transmitted through the Services;
  • termination of your access to or use of the Services as provided herein;
  • the deletion or failure to store any information or data, communications or Content maintained or transmitted through the Services;
  • any modification, suspension or discontinuance of the Services (or any part thereof) or these terms;
  • use of or reliance on any Content, goods or services available on any other Web sites that you access through Services:
  • any other matter relating to the Services or these Terms.

SECTION XI

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for inconsequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you.  In that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

SECTION XII

You agree to indemnify, defend and hold harmless FreeFSBOOhio.com, its parents, subsidiaries, affiliates directors, co-branders or other partners, employees, consultants and agents from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account) use of it (3) your (or anyone using your account) violation of these Terms, (4) your (or anyone using your account) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or c harmful or deleterious programming routines input by you into the FreeFSBOOhio.com Web site or other.

SECTION XIII

Certain names, logos, and other materials displayed on the FreeFSBOOhio.com Web site and in the Services System constitute trademarks, trade names, service marks or logos ("Marks") of FreeFSBOOhio.com and other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill therewith remains with us or those other entities.

SECTION XIV

The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video and design and other material contained in the Services or information presented through the Services by FreeFSBOOhio.com or its licensors (the "Content'), is copyrighted by FreeFSBOOhio.com and/or it falls under the United States and international copyright laws, is subject to other intellectual property and proprietary laws, including trademark and patent laws, and is owned by FreeFSBOOhio.com or its licensors. The CC not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or read any way without the prior written permission of FreeFSBOOhio.com and our applicable licensors.  All copyright notices, information, or restrictions contained in or attached to any Content are protected and may not be copied.

SECTION XV

You hereby grant to FreeFSBOOhio.com and its successors and assigns, a worldwide, perpetual, irrevocable, free, right, in any media now known or currently known, to exercise all copyright and other anti-property rights with respect to the Content you provide to us to be published on the FreeFSBOOhio.com. We or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and (derivative works from such material, in any and all media, in any manner, in whole or in part, without any compensation to you.) The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not use.

SECTION XVI

The Terms constitute the entire and exclusive and final statement of the agreement between you and FreeFSBOOhio.com with respect to the subject matter hereof, and govern your use of the Services, prior agreements or negotiations between you and FreeFSBOOhio.com with respect to the subject matter. Terms and the relationship between you and FreeFSBOOhio.com shall be governed by the laws of the State of Ohio as applied to agreements made, entered into and performed entirely in Ohio by Ohio residents, notwithstanding actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought before Federal or state courts having jurisdiction over Stark County, Ohio and you and FreeFSBOOhio.com, hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court endeavors to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or case arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim action arose or be forever barred.



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