Terms and Conditions of Service and Use
Here at propertySites, we certainly hope you'll enjoy and use the information
and services provided on our Web site. However, we ask that you familiarize yourself
with the following terms and conditions of service and use, as well as our
The propertySites Web site and the services provided on it, as well as in conjunction
to it (collectively, the "Services"), are offered to you (the "User" or "Member")
under the following terms and conditions of service and use (the "Terms"). The services
are provided to you exclusively under these Terms. By accessing and using the Services,
you agree that you have read and understand the Terms and that you agree to be bound by
them, without limitation or qualification. As used on this Web site, the terms "we",
"us", or "our" refer to propertySites, Inc. ("propertySites").
If you do not agree to be bound by any of the Terms contained herein, you should
not use our Services.
By registering with us, you certify that all information you provide during the
registration is accurate. As a registered member of propertySites, you can change your
password and other personal information, with exception to your registered username, on
an unlimited basis. When changing your personal information, you certify that all
information you provide is accurate. If you forget either your username or password or
both, you may request them by simply providing us with your registered e-mail address.
You are responsible for maintaining the confidentiality of your username and password,
and you are solely responsible for all activities that occur under your username and password.
We recommend that you memorize this information, and not write it down. 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 LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO
ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
No Agent or Broker Promotion
Our Web site has been developed for the "For Sale By Owner" real estate market -
real estate agent or broker ads are not permitted. We more than welcome the insight, observations,
and experiences of real estate agents and brokers injected throughout our discussion forums,
provided it falls within the guidelines outlined below in the Conduct and Behavior section.
Although we encourage and welcome the input of agents and brokers, we will not tolerate the use
of our forums as a promotional tool for agent or broker services.
Our discussion forums are available for individuals partaking in Self Service Real Estate,
not a promotional tool for real estate agent or broker services. There are several other Web sites
established for real estate agent or broker promotion. If you are an agent or broker and want to help
those embarking on the process themselves, we more than welcome you to post topics and messages.
WE RESERVE THE RIGHT TO PULL, FREEZE, OR TERMINATE YOUR REGISTRATION AND/OR POSTINGS, WITHOUT NOTICE,
IF WE, IN OUR SOLE DISCRETION, DETERMINE THAT YOU HAVE VIOLATED OUR NO AGENTS OR BROKER PROMOTION POLICY,
OR TO OTHERWISE VIOLATE THIS SECTION. THIS INCLUDES, BUT IS NOT LIMITED TO, THE USE OF THE DISCUSSION
FORUMS AS A MEANS FOR PROMOTION, EITHER BY ADVERTISING PROPERTY FOR SALE OR POSTING AGENT OR BROKER CONTACT
Equal Housing Opportunity
All real estate property advertised on our Web site is subject to the Federal Fair Housing Act,
which makes it illegal to advertise any preference, limitations or discrimination based on race,
color, religion, sex, handicap, familial status, or national origin, or an intention to make any
such preference, limitation or discrimination. We will not knowingly accept any advertising
for real estate which is in violation of the law. If you are uncertain about the law, we suggest you
familiarize yourself with the rights of buyers.
All real estate property advertisements, postings, writings, graphics, discussion forums, chats, software, and all other
Services (the "Content") is the property of propertySites and is protected by U.S. and international
copyright laws. ALL RIGHTS RESERVED.
None of the Content may be reproduced without the written consent of propertySites, with the exception
of downloading or printing a hard copy for yourself to assist in your Self Service Real Estate
transactions, provided that any Content copied remains intact and includes the following notice:
"© 2000-2002 propertySites, Inc. All rights reserved."
By registering with propertySites, you agree that propertySites has an unlimited license to republish
anything you post on our Web site. If we decide to publish your posts, we shall only republish in context
and credit you (under your username) as the author. We will not republish your posts for advertising
purposes without your permission.
Conduct and Behavior
Although we believe in having spirited open and active debates among our Members, Staff, and Experts,
we ask that it is done in a lawful and civil manner, by posting messages in our discussion forums or by
using our system to email individuals directly. propertySites does not control the Content posted in the
discussion forums, as such, does not guarantee the accuracy, integrity or quality of such Content. Accordingly,
you agree to use our Services for lawful purposes only. You may not use nor allow others to use your membership
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way, such as, but not limited to, post, transmit, email, or link to sexually
explicit material or impressionable material;
- impersonate any person or entity, including, but not limited to, propertySites Staff, propertySites Experts,
forum moderators, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right
to make available 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);
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available 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;
- interfere with or disrupt the Service or servers or networks connected to the Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally violate any applicable law or regulation while accessing and using the Services;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You understand that by using the Services, you may be exposed to Content that is offensive, indecent or
objectionable. You acknowledge that propertySites does not pre-screen Content in the discussion forums, but
that propertySites and its designees shall have the right (but not the obligation) in their sole discretion
to refuse or remove any Content that is available in our discussion forums. Without limiting the foregoing,
propertySites and its designees shall have the right to remove any Content that violates the Terms or is
otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by propertySites or submitted to propertySites,
including without limitation, information in our discussion forums, articles, and in all other parts of our Services.
You acknowledge and agree that propertySites may preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or personal safety of propertySites, our Users
and the public.
You understand that the technical processing and transmission of our Services, including Member Content, may involve
(a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
For more information on posting in our discussion forums, please read our rules and posting guidelines.
"PS" and "EXP" Members
Posting in the discussion forums and writing articles, you will see members (author names) with the "PS" or "EXP"
prefix. These individuals are associated with us. Those with the "PS" prefix are propertySites staff,
while those with the "EXP" prefix are propertySites Experts, professionals in various fields of
expertise, here to assist you with your Self Service Real Estate endeavor. Their primary purpose is to keep our
forums running smoothly for you to use. They may answer your questions regarding the propertySites
Services or more detailed explanations regarding specific issues related to real estate property. Some
own property while others do not, and some have bought or sold property on their own, while others have used
real estate agents.
Our "PS" and "EXP" members are free to contribute, or not, to the discussion forums. Their opinions are
their own and do not reflect the opinions of propertySites. In fact, their opinions may differ
significantly from one another. We do not regulate or pre-screen the Content posted by these members within
the discussion forums, nor do we guarantee the accuracy, integrity or quality of such Content.
Third Party Content and Links
Our Services may contain Content supplied by third parties and Users of the Services. Accordingly, we have no
editorial control over such Content. Any opinions, advice, statements, 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 and not of propertySites.
WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, INFORMATION, OR
STATEMENT MADE ON OUR WEB SITE OR UTILIZING THE SERVICES BY ANYONE OTHER THAN AUTHORIZED PROPERTYSITES STAFF, WHILE
ACTING IN THEIR OFFICIAL CAPACITIES.
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience
and reference only. propertySites does not operate or control in any respect, any information, software, products or
services available on such Web sites. propertySites' inclusion of a link to a Web site does not imply any endorsement
of the services or the site, its contents, or its sponsoring organization.
Partners and Advertisers
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or
services from our partners, advertisers or sponsors found on or through the Services, and any terms, conditions,
warranties or representations associated with such dealings, are solely between you and such partner(s),
advertiser(s) or sponsor(s). You agree that we 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.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of
the Service, use of the Service, or access to the Service.
Modification to the Terms
We may change the Terms from time to time. Your continued use of the Services shall constitute your acceptance
and acknowledgement to any new or modified Terms, and that you agree to be bound by these Terms, without limitation
or qualification. So please check back here from time to time. If you object to any such changes, your sole
recourse shall be to cease using the Services.
Modification to the Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the
Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Services.
You agree that we, in our sole discretion, may terminate your password, membership (or any part thereof) or use
of the Services, and remove and discard any Content within the Services, for any reason, including, without
limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or
spirit of the Terms. We may also in our sole discretion and at any time discontinue providing the Services, or
any part thereof, with or without notice. You agree that any termination of your access to the Services under
any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files in your account and/or bar any further
access to such files or the Services. Further, you agree that we shall not be liable to you or any third-party for
any termination of your access to the Services.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you submit, post, transmit or make available through the Services,
your use of the Services, your connection to the Services, your violation of the Terms, or your violation of
any rights of another.
Disclaimer of Warranties
You expressly understand and agree that:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE WARRANTIES AND LIMITATIONS MAY NOT APPLY TO YOU.
Servicemarks and Trademarks
propertySites, propertySites.com, Self Service Real Estate, Be Seen - Get Sold!, and the propertySites logo are
all servicemarks of propertySites, Inc. All other trademarks are the recognized trademarks of their respective owners.
By placing a "For Sale By Owner" real estate advertisement, you agree that all sales are final. There will
be NO REFUNDS on any real estate property advertising or portion thereof. Once an ad is placed with propertySites,
regardless of when, or if, you sell your property, or cancel your ad, you guarantee payment.
WE SHALL DO OUR BEST TO FULLY INVESTIGATE ANY ADVERTISMENT THAT MAY BE DEEMED QUESTIONABLE, BY US, OR RESULTING
FROM AN ABUSE REPORT. HOWEVER, WE RESERVE THE RIGHT TO PULL, FREEZE, OR TERMINATE ANY ADVERTISEMENT, WITHOUT
NOTICE AND WITHOUT REFUND, IF WE, IN OUR SOLE DISCRETION, DETERMINE THAT YOU HAVE VIOLATED THESE TERMS.
THIS INCLUDES, BUT IS NOT LIMITED TO, VIOLATING THE FEDERAL FAIR HOUSING ACT OR THE NO AGENT OR BROKER
The Terms constitute the entire and exclusive and final statement of the agreement between you and propertySites
with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements
or negotiations between you and propertySites with respect to the subject matter hereof. The Terms and the
relationship between you and propertySites shall be governed by the laws of the State of Maryland as applied to
agreements made, entered into and performed entirely in Maryland by Maryland residents, notwithstanding your
actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be
brought in the Federal or state courts having jurisdiction over Howard County, Maryland and you and propertySites
hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Our failure to
exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and
that the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms
must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.