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Terms of Service
SITE TERMS
September 2006
FixerListing.com is offered to you conditioned on your acceptance of these Site Terms without modification. Your use of FixerListing.com constitutes your acceptance of the Site Terms.
We reserve the right to change or modify any of the Site Terms and the FixerListing.com, at any time. If we decide to change our Site Terms, we will post a new version on our site and update the date. Your use of FixerListing.com following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms.
Privacy
We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from FixerListing.com. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information.
"Only a Forum"
FixerListing.com and the services offered therein are provided solely as a forum and technical interface that connects homeowners with locally licensed real estate agents, brokers and other home-related service providers. We do not provide any real estate, appraisal or house-related services, and do not hold ourselves out as being licensed to perform any such services. We do not sponsor, endorse, recommend or approve of any real estate agent, broker or other home-related service provider who offers services through FixerListing.com. You should use your independent judgment of the merits of any individual, entity or information that you find on FixerListing.com. While we try to confirm that participating real estate agents, brokers and other home-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other home-related service provider who offers services through FixerListing.com is licensed, qualified, or capable of performing any such service.
It should also be noted that we do not make any assurance as to the timeliness or accuracy of information provided by any real estate agent, broker or other home-related service provider including any home evaluation, or other related follow up. Furthermore, if the requesting homeowner submits incomplete, insufficient or inaccurate information, or if the completion of a home evaluation is in conflict with real estate rules, laws or best practices, then an evaluation may not be provided to the requesting homeowner.
Use of FixerListing.com
FixerListing.com and all information and materials included are only for your personal use. You will not use FixerListing.com or any information or materials included in FixerListing.com for commercial purposes. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site any information or materials provided through or obtained from FixerListing.com. You will not use FixerListing.com or any information or materials included in FixerListing.com in any way that is unlawful, or harms FixerListing.com and/or its suppliers.
FixerListing.com prohibits to the maximum extent allowable the resale, redistribution, and use of the information or materials included in FixerListing.com for commercial purposes. You may not engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information from FixerListing.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through FixerListing.com.
Responsibility for Your Conduct
You are solely liable for your conduct or any information that you upload or transmit to FixerListing.com. You may not provide false or misleading information to FixerListing.com or submit information under false pretenses. Without limiting anything else in these Site Terms, we may immediately terminate your access to and use of any of FixerListing.com if you provide false or misleading information or submit information under false pretenses. Each person that is provided with a password and user ID to use FixerListing.com must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality of any password connected with your account.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings on FixerListing.com, are non-confidential (subject to our Privacy Policy). We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Disclaimer
FIXERLISTING.COM AND THE INFORMATION, DATA, MATERIALS, CONTENT, LINKS, SERVICES AND PRODUCTS ON FIXERLISTING.COM (COLLECTIVELY THE “MATERIALS”) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF FIXERLISTING.COM AND THE MATERIALS IS AT YOUR SOLE RISK. FIXERLISTING.COM AND ITS SUPPLIERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES AND MATERIALS.
FIXERLISTING.COM AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FIXERLISTING.COM AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF FIXERLISTING.COM IS SAFE, FIXERLISTING.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT FIXERLISTING.COM OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability IN NO EVENT WILL FIXERLISTING.COM OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF FIXERLISTING.COM OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
Termination
We may terminate or suspend your access to FixerListing.com at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use FixerListing.com will immediately cease.
Applicable Law and Venue These terms and conditions are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Sacramento, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
General Terms
If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in FixerListing.com. Except as expressly stated herein, the Site
Equal Housing Opportunity