These Terms govern your access to or use of the applications, websites, content, products, and services (the "Services," as more fully defined below in Overview) of fsboTECH, LLC. (“fsboTECH”)
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
fsboTECH may amend the Terms from time to time. Amendments will be effective upon the posting of such updated Terms at this location. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. We will notify you that changes to the Terms have been made, enabling you to decide whether to continue using the Services.
fsboTECH provides an online platform to connect people wishing to sell real estate with those interested in buying real estate (“Services”). Services are accessed through www.fsboTECH.com and any other websites through which fsboTECH’s services are made available, including and through mobile devices, tablets, desktop applications.
fsboTECH’s platform, application and Services allow sellers of real estate to directly communicate with buyers of real estate and complete their transaction on the fsboTECH site. You understand and agree that fsboTECH is not a party to any agreements entered into between sellers and buyers of real estate. fsboTECH is only a platform to connect sellers and buyers and is not in any way acting as a real estate agent, broker, or insurer of any kind. fsboTECH cannot control the actions or conduct of the parties involved in a real estate transaction and specifically disclaims any and all liability regarding such action or conduct to the fullest extent permitted by law. You acknowledge that your ability to buy or sell real estate on the fsboTECH site does not establish fsboTECH as a real estate agent, broker, attorney, or advisor of any kind as it relates to your private transaction.
If you choose to use fsboTECH in any real estate transaction, you understand and agree that you are simply using a platform provided by fsboTECH, and you are not an employee, agent, joint venturer, or partner with fsboTECH. Instead, your status is one of an independent member of the general public accessing a publicly available platform for real estate advertising and sales. You exclusively control your listing on fsboTECH if you are a seller, and fsboTECH has no right to control your listing. You may not, in your listing, suggest any partnership with fsboTECH or that you are in any way acting for the benefit of fsboTECH.
By accessing or using the fsboTECH site and/or Services, you acknowledge that you have read these Terms, you understand them, and you agree to be bound by these Terms. If you do not agree to these Terms, you have no right to access or use the fsboTECH site and platform. If you are accepting these Terms for a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms.
2. Using the fsboTECH site:
The fsboTECH site is intended to allow sellers of real estate to advertise their property directly on the site in order to attempt to attract a buyer. fsboTECH does not own, nor have any ownership interest in, any properties for sale on the site. The site is intended to allow buyers and sellers to meet online and buy and sell real estate directly with one another.
You may view any of the advertised properties online without registering. However, in order to schedule a viewing of a home for sale, you will be required to register and create an account with fsboTECH. Similarly, if you are a seller and want to post your home on the site, you will be required to register, create and account, and place a credit card on file with fsboTECH. The credit card on file will be used to pay the initial fsboTECH service fee described in the Pricing tab on the site and will be used for any additional services purchased by the seller in the course of advertising the home for sale.
You can register directly on the fsboTECH site or by logging into certain social networking sites, including but not limited to, Facebook and Google. You may link your fsboTECH account to these select social networking sites by either providing your login information to those sites to fsboTECH or allowing fsboTECH to directly access those sites and your account. You understand that you will disclose such login information to fsboTECH and are granting fsboTECH access to your account information on those select social networking sites. By granting fsboTECH access to those sites which contain stored information on you, you understand that such stored account information will be made available and stored by fsboTECH so that it is available on your fsboTECH account and Profile page information. You have the ability to disable the connection between any of the social networking sites and fsboTECH at any time by notifying fsboTECH in writing.
You may have only one fsboTECH account. You represent that you are providing current, accurate and complete information as you register and warrant that you will keep your information current and complete over time. fsboTECH has the right to suspend or terminate your account and your access to the fsboTECH site if you create more than one (1) account or if your credit card information is found to be fraudulent. If your credit card expires, you will have 30 days from the date of notification by fsboTECH to update credit card information to fully comply or your access as a seller of real estate on the fsboTECH site will be terminated.
You may not reproduce, modify, or make derivative works based on the fsboTECH platform. By using the fsboTECH site you agree that the proprietary system built into the platform is unique and shall not be copied or reproduced in any way. You further agree that you will not in any manner attempt to gain unauthorized access to other fsboTECH user accounts nor will you in any manner engage in any acts which may hinder the operation or functionality of the fsboTECH site.
You agree that fsboTECH and named providers on the fsboTECH site may contact you for purposes of arranging photographs, uploading photographs, following up on your inquiry or question, responding to your feedback, and following up on an escrow and title company selection. You may also use the fsboTECH site for direct communication between buyers and sellers of real estate advertised on the site. Content deemed dangerous, harassing, malicious, obscene, unlawful, degrading or otherwise offensive may be blocked by fsboTECH in its sole discretion without any notice to you and your account may be terminated.
Fees for Sellers and Buyers on fsboTECH:
Buyers and Sellers of real estate using the fsboTECH platform are responsible for negotiating and agreeing on the final sale price of their property between themselves, and understand that fsboTECH is not involved in any way in the pricing, negotiating, or collection of money from the sale of real estate.
fsboTECH will assess an initial fee to each registered seller in consideration for the use of fsboTECH’s online real estate advertising and marketing platform. This fee can be found on the Pricing page of the application. Thereafter, should seller purchase additional services to assist in the marketing and advertising of the property, fees for such services (and any applicable taxes) will also be assessed to seller. All sellers shall place a valid credit card on file with fsboTECH at the time of registration and this credit card will be used to pay for all fees and additional service charges. Receipts will be sent by email. Charges paid by credit card are final and non-refundable.
An additional one-time fee will be assessed to sellers during escrow, will be processed by the parties' selected escrow company, and will be paid directly to fsboTECH at the close of escrow. This one time fee is detailed in the Pricing section of the website. This fee is deemed earned when the property sells to a buyer who directly, or through a real estate agent, found the property on the fsboTECH website or any ancillary sites that showcased the property because of the free MLS listing offered by fsboTECH. These sites include, but are not limited to, Zillow, Realtor, Redfin, Trulia, AZ Central/Street Scout, Homes, etc. Even if the fsboTECH forms are not used in a transaction brought by a real estate agent or other buyer, the fee is due to fsboTECH at close of escrow when a buyer who found the property on-line or by viewing the fsboTECH yard sign enters into a purchase agreement with the seller. Seller specifically waives and gives up any right to this fee at close of escrow and waives any right to legal recourse to attempt to collect the fee when the above conditions have been satisfied.
Buyers of real estate will pay no fee to fsboTECH except if escrow is cancelled and deemed the fault of the buyer. Then, any fees assessed will be determined by fsboTECH, in its sole discretion.
From time to time, in its sole discretion, fsboTECH may run promotions or specials in order to enhance its business. These promotions will appear under the Promotions tab which is available to any logged-in user. Promotions are not guaranteed and will expire based on quantity available or on a date chosen by fsboTECH.
You understand and agree that fsboTECH is not involved in the setting of a price on a property, the negotiation of a final sales price between the parties, or in the determination of the amount of earnest money to be placed on deposit on behalf of the buyer to demonstrate buyer’s intent to purchase the property. Those matters are strictly between buyer and seller and any disputes between the parties must be resolved without any fsboTECH involvement. fsboTECH is simply a platform to connect buyers with sellers and makes no other representation.
In choosing to use the fsboTECH site, you understand that you are doing so at your own risk. You acknowledge and agree that fsboTECH has no obligation to conduct background checks, credit checks, or sex offender checks on any registered user. In the sole discretion of fsboTECH, some limited form of identification checking of registered users may be conducted, to the extent permitted by applicable law, but fsboTECH expressly disclaims warranties of any kind, express or implied, that any such checks will identify prior misconduct by a user or guarantee that a user will not engage in future misconduct.
You are responsible for your communications and interactions with others on the fsboTECH site and understand that fsboTECH does not attempt to verify any statements of users, nor investigate any user’s financial ability to afford any property on the site. You agree to take reasonable precautions in all communications and interactions with other users, particularly if you decide to meet a user in person for a property viewing. fsboTECH makes no representations or warranties as to the conduct of users and disclaims liability for any act or omission by any user or other third party.
Neither fsboTECH or any other party involved in creating, developing, or delivering this site shall be liable for any incidental, special, exemplary or consequential damage, including lost profits, loss of goodwill, service interruption, cost of substitute products or properties, or for any damages for personal bodily injury or emotional distress arising out of or in connection with these Terms, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.
You agree to release, defend, indemnify and hold fsboTECH and its affiliates and their officers, directors, employees, contractors, and agents harmless from and against any claims, damages, losses, or expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your use of the fsboTECH site, (2) your registered and posted user content, (3) your interaction with any other user of the fsboTECH site, and (4) the validity and enforceability of any documentation for the sale of real estate available for use by you on the fsboTECH site.
Agreement to Arbitrate:
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against fsboTECH on an individual basis in arbitration. You are waiving the right to a trial by jury and you are specifically precluded from bringing any class, collective, or representative action against fsboTECH. Further, this Agreement to Arbitrate precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against fsboTECH by someone else.
- Rules and Governing Law. This Agreement to Arbitrate demonstrates a transaction in interstate commerce, meaning the Federal Arbitration Act governs the interpretation and enforcement of this provision of the overall Terms. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- The Arbitration Process: Any party who wishes to commence arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. You may also use the form provided by AAA entitled Demand For Arbitration. The arbitrator will either be a retired judge or an attorney licensed to practice in the state of Arizona and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties cannot agree on an arbitrator within seven (7) days of delivery of the Demand for Arbitration notice, an arbitrator will be appointed by the AAA in accordance with the AAA Rules.
- Location of Arbitration and Arbitration Procedure: Unless you and fsboTECH otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and fsboTECH submit to the arbitrator, unless you specifically request a hearing or the arbitrator decides that a hearing is necessary. If your claim is greater than $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator has the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator’s Decision: The arbitrator will render an award within the time frame outlined in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction. The arbitrator’s decision will include the findings and conclusions used by the arbitrator in coming to decision on the award. An arbitrator’s decision is final and binding on all parties. An arbitrator’s decision will have no precedential or collateral estoppel effect. The prevailing party in the arbitration shall be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
- Fees: Each party is responsible for paying its own fees in connection with any AAA filing, administrative fees, and arbiter fees as set forth in the AAA Rules.
License and Rights Notices
By agreeing and complying with these Terms, you are being granted a limited, non-exclusive, non-transferable, revocable license to access and use the fsboTECH site and any content or information derived from the site for your own personal, noncommercial use.
The fsboTECH.com site and its related services and content are protected by copyright, trademark and other laws of the United States. You acknowledge and agree that any and all associated intellectual property rights are the exclusive property of fsboTECH. You will not remove or alter any copyright, trademark, service mark or other proprietary rights notices that are incorporated into the site. You will not reproduce, modify, sell, resell, lease, license, stream, transmit or otherwise exploit the fsboTECH site and its associated services. Further, you will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data-mining any portion of the site or doing anything to unduly burden or hinder the operation and/or functionality of the site.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. This choice of law provision relating to the interpretation of these Terms is not intended to create any other substantive right to non-Arizonians to assert claims under Arizona law whether that be by statute, common law, or otherwise. This choice of law does not apply to the section entitled Agreement to Arbitrate, above.