Terms & Conditions
1. Access and Registration: If you open an account at FreeRealtyOnline.com, you accept responsibility for all responsibilities that occur under your account and 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 FreeRealtyOnline.com using any single user name or password. You are responsible for maintaining the confidentiality of your username and password in addition to restricting access to your computer so others outside your household may not access FreeRealtyOnline.com using your name in whole or in part without our permission. If you believe for any reason that someone else has accessed FreeRealtyOnline.com using your username and password without your permission, email us promptly at firstname.lastname@example.org. You agree to pay all fees and any other charges incurred in connection with your username and password (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 soon thereafter and are nonrefundable. You are responsible for all fees and charges incurred to access FreeRealtyOnline.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. Customer Access, Use and Security: Customers may create a username and password. Customers are responsible for maintaining the confidentiality of their usernames and passwords. You, as a customer, are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You agree that we may terminate your Account if it remains inactive for a period of one (1) year.
3. Customer Responsibilities: Customers will be solely responsible for the hardware, interconnections and telecommunications to access the site. You agree that you will not use any robot, spider, or any other automatic device, or manual process to extract, “screen scrape”, monitor, “Mine” or copy any static or dynamic web page on the FreeRealtyOnline.com website or the content contained on any such web page for commercial use without FreeRealtyOnline.com’s prior written permission. You will not spam or send unsolicited emails or other messages to any other users of the site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the property working order of FreeRealtyOnline.com During the registration process, you promise 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 at least 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 username and 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, non-commercial purposes only.
4. MLS Listing Package: Upon your selection of the MLS Listing Package, FreeRealtyOnline.com transmits the information submitted by you to a third party listing service. Thereafter FreeRealtyOnline.com has no involvement whatsoever in connection with your property listing or any multiple listing service. In addition to the flat fee quoted on FreeRealtyOnline.com, you will likely be responsible to pay a real estate commission in the event your buyer is represented by a broker. There are no refunds for this service. Before entering into a written listing agreement with a licensed real estate broker, you should inquire about the multiple listing service(s) encompassing your property, what, if any, websites your listing will appear on (e.g., realtor.com), and whether there are any additional fees charged (e.g. for alterations to the listing). Listing in an MLS is not a guarantee that your property will be purchased - it is only an advertisement that your property is for sale and typically lasts for six months. Once listed on an MLS, we are unable to offer refunds as the service paid for has been provided.
5. Third-Party Services. Any dealings or communications you have through FreeRealtyOnline.com with any party other than FreeRealtyOnline.com are solely between you and that third party. For example, certain areas of FreeRealtyOnline.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 FreeRealtyOnline.com, 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 FreeRealtyOnline.com, and are not a part of FreeRealtyOnline.com. While some listings from these Affiliate Publishers may appear on the Web site, ALL CUSTOMER SERVICE AND BILLING ISSUES MUST BE HANDLED THROUGH THE INDIVIDUAL AFFILIATE PUBLISHERS, NOT FreeRealtyOnline.com.
6. Use Restrictions: You agreenot to post, transmit, e-mail, re-transmit or store material on, through or from the Site which, in the sole judgment of the Company:(1) is in violation of any local, state, federal or non-United States law or regulation, (2) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (3) violates the rights of any individual, group or entity, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other materials that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the Site. You may only use the Site in a manner that, in the Company's sole judgment, is consistent with the purposes of the Site. If you are unsure of whether any contemplated use or action is permitted, please contact the Company immediately at email@example.com for clarification. By way of example, and not limitation, the following uses described below of the Site are expressly prohibited:
i. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that could give rise to any civil or criminal liability under both domestic and international law. Pornography and pornographic related merchandising are prohibited, including providing links to pornographic content elsewhere;
ii. threaten to harm, attempt to harm or actually harm minors in any way;
iii. impersonate any person or entity, including, but not limited to, a Company employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity, or misrepresent yourself as actual buyers or sellers of real estate;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
v. upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
vii. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or solicit any person or company using any telephone number, email address or other contact information found on the Site for any reason other than the purchase of real estate or related services advertised for sale on the Site;
viii. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
ix. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
x. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Communications Commission, U.S. Department of Housing, the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange orthe NASDAQ, and any regulations having the force of law;
xi. “stalk" or otherwise harass another;
xii. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble weapons or creating "Crush" sites;
xiii. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access;
xix. rent, lease, transfer, resell and/or otherwise transfer rights to the Site; and
xx. delete or write over any portion of any listing or software appearing on or relating in any manner to the Site.
7. Disclaimers and Limitation of Liability. While FreeRealtyOnline.com 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. FreeRealtyOnline.com DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. FreeRealtyOnline.com. has no responsibility for actions of third parties or for information provided or posted by others.
USE OF FreeRealtyOnline.com IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER FreeRealtyOnline.com, NOR ANY OF ITS SUBSIDIARIES, AFFILIATED OR RELATED COMPANIES, NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS MAKE ANY WARRANTY OF ANY KIND REGARDING FreeRealtyOnline.com AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; THIRD-PARTY PRE-PAID LEGAL SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH FreeRealtyOnline.com; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING FreeRealtyOnline.com 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 FreeRealtyOnline.com WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. FreeRealtyOnline.com. AND ITS SUBSIDIARIES, 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.
FreeRealtyOnline.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. FreeRealtyOnline.com DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE FreeRealtyOnline.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL FreeRealtyOnline.com, Corp. OR ITS SUBSIDIARIES, 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 FreeRealtyOnline.com, OR ITS SUBSIDIARIES, 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 FreeRealtyOnline.com, Corp. OR ITS SUBSIDIARIES, 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.
8. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FreeRealtyOnline.com, Corp., ITS PARENT, SUBSIDIARIES, 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 FreeRealtyOnline.com; (2) FreeRealtyOnline.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.
9. Limitations Period. YOU AGREE THAT ANY CLAIM, CONTRIOVERSY, OR DISPUTE WITH FreeRealtyOnline.com, Corp. OR ITS SUBSIDIARIES, AFFIATES, 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.
10. 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.
11. 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.