Suburban Chicago

For Sale By Owner, FSBO, Fizbo

 

 

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Last Updated 05/08/2008

Terms of Use Agreement

 

Terms of Use, Disclaimers, and other Legal Issues:


You should read this information carefully before using this web site.  Your use of this web site confirms your unconditional, binding agreement to all Terms herein and you cannot change the Terms.  If you do not completely agree to these terms,  do not use this web site.   

 

To Use the Suburban Chicago For Sale By Owner web site, you hereby unconditionally agree and acknowledge the following:

1.  No signatures are required in connection with these Terms for you to be fully bound by them.

2.  You have read, understand, and agree to abide by all Terms herein.

2.  You acknowledge that you are at least 18 years of age (of legal age) to form a binding contract.

3.  Suburban Chicago For Sale By Owner is not responsible for any misrepresentations, errors, inaccuracies, omissions, changes in price, description, prior sale and conflicts of any kind.

4.  The owner of this site is a licensed Illinois Real Estate Broker in the State of Illinois.  A member in good standing of the National Association of REALTORSâ, Illinois Association of REALTORSâ, and the local board of REALTORâ.   It is acknowledged between prospective sellers and buyers who use this site, no real estate services are provided, no advice will be given (except to seek the assistance of any professional you deem appropriate or beneficial to you selling or buying property), and that no representation is created between the parties by using this site.  If real estate brokerage representation is desired, then, all parties must meet, discuss available representation options, and decide if they wish to enter into a representation agreement at that time and proceed accordingly.

5.  All information on this site is provided on an "as is", "as available" basis without warranty of any kind, either express or implied.  All properties advertised on this site are represented to be owned by the person who submitted the ad request.  Ownership information has not been verified by Suburban Chicago For Sale By Owner or anyone connected to this site.

6.  The behaviors and inherit operations of the internet, your access to it, your software, hardware, and configurations, your anti-virus protection from a known, reputable company are well beyond the control of Suburban Chicago For Sale By Owner, and therefore we do not guarantee this site will be always available, accessible, error or virus free.  Your use of this site is at your own risk.

 

Paragraph Headings:  Are for convenience purposes only.

 

Definitions (for the purpose of these Terms):

“Web site,”  "site," "we," "us," "our," refers to SUBURBANCHICAGOFORSALEBYOWNER.com, the owner and operator of this site.

“You” refers to users of SUBURBANCHICAGOFORSALEBYOWNER.com.

“Customers” refers to Sellers who purchase ad space on SUBURBANCHICAGOFORSALEBYOWNER.com.

 

Seller Responsibilities:

1.  You affirm you are the legal owner of any ad you submit for publication on this site.  You also affirm that all legal owners are in complete agreement about advertising their property for sale on this site.

2.  You agree to pay in full the posted advertising fees for the ad type you select.

3.  The information you provide in your ad request to be published is current, complete, accurate, and true.  You agree to maintain and update such information to keep it true, accurate, current and complete at all times by emailing SUBURBANCHICAGOFORSALEBYOWNER.com with any changes necessary to keep it up-to-date at all times.

4.  In our sole opinion, your ad request is subject to our approval.  Your ad should describe your property's features and amenities, your community, what you like about your property and its location.  Any ad submitted that contains language which violates Fair Housing Laws, other Federal, State and local laws will not be posted and will get your IP banned from accessing this web site in the future.

5.   Each seller is solely responsible for their ad content's accuracy as provided to us in describing their property.  All properties offered for sale herein are submitted subject to errors, omissions, changes in price, description, terms, prior sale, withdrawal, cancellation, and without prior notice.

6.  As soon as a contract is signed to sell your property, you will notify us immediately so we can remove your ad.  Your ad term is for 6 months from the posting date of your ad.  Should your contract fall apart within this time frame and you want it to be re-published on this site, let us know, and we will re-post your ad for any remaining time of your 6 month period at no charge to you.  If it is over the 6 month time period, you will be charged as a new ad at the then current pricing.

7.  You have the right to cancel your ad request within 72 hours of sending your request.  After 72 hours you will be billed and your ad posted.  You further agree that once you are billed for the advertising, your ad can be cancelled BUT the fees already charged are not reversible, refundable nor will they be prorated.  The fees paid will be retained by us as payment for our time and preparation toward getting your property online, without any accounting to you for our time spent on your behalf and any expenses incurred by us.

8.  You have the right to cancel your advertising agreement with us at any time, for any reason.  All monies already paid to us are retained by us as compensation for our time and efforts, without any accounting to you for our time spent on your behalf and any expenses incurred by us.

9.  Once you are notified of your ad being posted, you will be sent an email with a link to your property's ad for review.  You are required to proof read the ad and to reply via email with any changes you want.  You are allowed 3 changes in your ad, without incurring additional fees or costs.  After 3 changes you agree to be billed $10 per change.  Any errors on our part will not be charged for nor will they count toward your limit of 3 allowed ad changes.  Errors on our part will be rare since we will be mostly copying and pasting what you send us, please double check all information for accuracy before sending your ad request.

10. If you decide to seek the services of a professional real estate agent to help you get your property sold, please contact us.  Let us meet with you to discuss your options.   Any fees paid already will be deducted from our real estate service fees.  There will be never be any pressure or any obligation to use us your real estate agents - ever.

 

Buyers Responsibilities:

1.  Verify all information on the sellers ad posted herein, and all other information the sellers may have given you to be accurate to your complete satisfaction.  ANY RELIANCE UPON ANY OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK, REGARDLESS OF ITS SOURCE - THIS SITE, THE PROPERTY OWNER, AND ANY PROFESSIONAL YOU CHOOSE TO WORK WITH.

2.  Use any appropriate professional you deem necessary or beneficial, for your best interests, in your pursuit of purchasing any property advertised on this site.

3.  You will be contacting the owner directly to see the property and ask any questions.  All of your interactions will be solely between you, at your sole discretion and risk, the seller and any other party you choose to engage in your endeavors to purchase a property.  Unless you specifically hire us as your legally designated real estate agent, you will have no interaction with us and agree to hold us harmless. 

4.  Contact us only if you wish to hire us as your legally designated real estate agent and wish to enter into a representation contract with us for the purchase of a property.

5.  You agree that should you encounter any problems, you will go to the appropriate professional or agency to help you.  You will be working directly with the seller and any other professionals you choose to engage during this process.  These interactions will never involve us.  Therefore, we cannot render any advice or counsel should you run into a problem, nor will we accept any responsibility whatsoever.  You will need to consult your attorney and/or the appropriate professional or agency to help you with any problems you encounter.

 

Advertisers Responsibilities:  All advertisers on this site unconditionally agree to the following statements:

1.  You are solely responsible for your ad's content and any links connected to it.

2.  You agree not to contact sellers who advertise their property on this site.  If your ad is here, they know about you and will contact you if they want to.  Please respect them and their privacy.

3.  Do not advertise you are qualified for a particular job unless you are.  If your job requires licensing, make sure your license is current to present to any one who contacts you.

4.  You are expected to be honest, ethical and sincere when working with sellers and others you may encounter from using this site.  Your reputation, honor and integrity is at stake. 

5.  You further agree that should any complaints be received about you, your service, or your employees, the complaint will be checked with you and, in our sole discretion, if we feel the complaint was legitimate your advertising is subject to being removed from this site.  Any money already paid for your ad is forfeited and no credit for any remaining time will be given. and you will not be charged for future ads.

6.  You are expected to treat people the way you want to be treated and agree to apply the "Golden Rule" in your business dealings with anyone who contacts you through this site.  Everyone needs to earn a living, but not at the expense or detriment of someone else.

7.  You understand and agree that advertising is not exclusive to only one company/person in the same category.  For example: 3 painters want to advertise, then they shall have 3 separate ads.  If ten attorneys want to advertise, then there will be ten attorney ads and so on.

8.  You may cancel at any time, but any fees already charged/paid/billed will not be prorated or refunded.  Your ad will simply be removed from this site and not billed again for the next billing cycle.

 

Termination:

1.  We may terminate your ad if we have reason to believe your property is not as described by you (feedback from prospective buyer who have viewed your property).  If your property description is incorrect, you may correct it (subject to the above conditions) or cancel your ad in accordance with the terms herein.  You are solely responsible for your ads content and accuracy.

2.  WE WILL TERMINATE YOUR AD IMMEDIATELY IF WE ARE NOTIFIED OF ANY DISCRIMINATION AND ANY OTHER VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL HOUSING LAWS.  THERE WILL BE NO REFUND OF ANY MONIES PAID TOWARD YOUR AD, NOR WILL WE EVER ACCEPT ANOTHER AD FROM YOU.  IT IS YOUR RESPONSIBILITY TO KNOW THE LAWS, APPLY AND OBEY THEM WHEN SELLING OR BUYING PROPERTY.  WE WHOLE HEARTEDLY SUPPORT ALL FAIR HOUSING LAWS, ALL FEDERAL, STATE AND LOCAL LAWS THAT APPLY TO HOUSING.

3.  In the event of termination of this Agreement for any reason, you agree the following provisions will survive: indemnity provisions and Disclaimers and Limitation of Liability as outlined below.

 

Disclaimers and Limitation of Liability:  We make no warranties or representations as to the accuracy of the data or information available on this web site and assume no liability or responsibility for any error, miscalculation, or omission in the any data or information.  Again, we are a virtual advertisement venue for the seller's property, nothing more.

USE OF SUBURBANCHICAGOFORSALEBYOWNER.com IS AT YOUR OWN RISK.  ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER SUBURBANCHICAGOFORSALEBYOWNER.com, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, OR SERVICE PROVIDERS, MAKES ANY WARRANTY OF ANY KIND REGARDING SUBURBANCHICAGOFORSALEBYOWNER.com AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; INFORMATION, OR CONTENT; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH SUBURBANCHICAGOFORSALEBYOWNER.com; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING SUBURBANCHICAGOFORSALEBYOWNER.com. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,  AND WARRANTIES THAT SUBURBANCHICAGOFORSALEBYOWNER.com WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. SUBURBANCHICAGOFORSALEBYOWNER.com AND ITS AFFILIATES AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR ACTIONS OF ANY OTHER PARTY, INCLUDING USERS OF THIS SITE, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOU FURTHER AGREE THAT THE LIMIT OF ANY CLAIM, UNDER ANY LEGAL THEORY, IS LIMITED TO THE AMOUNT YOU HAVE PERSONALLY PAID TO SUBURBANCHICAGOFORSALEBYOWNER.com, INCLUDING ATTORNEYS FEES AND COURT COSTS.  YOU HEREBY AGREE TO WAIVE ALL OTHER LEGAL RIGHTS TO ANY CLAIMS.  ANY RELIANCE UPON ANY OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL SUBURBANCHICAGOFORSALEBYOWNER.com, OR ITS AFFILIATES, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS 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 OPPORTUNITIES; 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 SUBURBANCHICAGOFORSALEBYOWNER.com, OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $50.00 (USD). IN NO EVENT SHALL SUBURBANCHICAGOFORSALEBYOWNER.com,  OR ITS AFFILIATES, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT DAMAGES.

Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, SUBURBANCHICAGOFORSALEBYOWNER.com,  ITS AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, DISCRIMINATION, AND PRIVACY INFRINGEMENT) AND DAMAGES (INCLUDING ALL ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF SUBURBANCHICAGOFORSALEBYOWNER.com'S WEB SITE; (2) SUBURBANCHICAGOFORSALEBYOWNER.com'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE; (3) ANY VIOLATION OF THIS TERMS OF USE AGREEMENT BY YOU.

Dispute Resolution: THE TERMS AND THIS AGREEMENT PROVIDE THAT ALL DISPUTES, CLAIMS, OR CONTROVERSY'S BETWEEN YOU AND SUBURBANCHICAGOFORSALEBYOWNER.com, 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.  Any claim, dispute, or controversy arising out of or relating to these Terms, to the Services provided by us, 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, dispute, or controversy, shall be finally, and exclusively, settled by arbitration in Cook County, Illinois. 

Limitations Period:  YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY WITH SUBURBANCHICAGOFORSALEBYOWNER.com  MUST BE BROUGHT WITHIN THREE (3) MONTHS OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.

Modification to Terms:  These Terms are subject to change.  The last date of change will be posted in the upper left corner of this section, without prior notification to you.  Your access and use of this web site confirms your acceptance to all Terms as posted on date of your access to this site.

 

Governing Law: These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions.

 

Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and SuburbanChicagoForSaleByOwner.com, with respect to the subject matter herein and supersede all prior agreements 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 SuburbanChicagoForSaleByOwner.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. 

 

 

 

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