Terms of Use

The use of FSBOstar.com (“Company”) and services offered are subject to the following terms, conditions, and limitations (“Terms of Use”).  By use of the Website and/or purchasing any Tools, Products, or Services, you agree to abide by these Terms of Use.  If you disagree with any portion of the Terms of Use, you are not authorized to use this Website or purchase any Tools, Products, or Services.  If you have any questions, it is your responsibility to contact the Company prior to purchasing any Tools, Products, or Services.

DEFINITIONS

As used in this Terms of Use, the following terms shall have the meanings specified below, and the singular of any defined term or any term used herein shall be deemed to include the plural:

Agreement – Includes all Terms of Use as well as the decision of the User to abide by these Terms of Use when on the Website, as well as the Seller purchasing a Service or Listing, and the Buyer browsing Listings and accessing any Tools.

Broker – A person or company licensed in Real Estate that can run their own company and hire subordinates including Real Estate Agents.

Buyer – Any party using the Company and purchasing a Property from a Seller.

Closing – When the Transaction is complete and the transfer of the Home or Property between Buyer and Seller occurs.

Commission - The real estate commission is the Broker’s or Real Estate Agent’s fee for service. It is a percent of the sale price negotiated at the time of the listing, typically 5%-6%. This fee is typically paid by the Seller from the proceeds of the sale. 

Company – FSBOstar LLC, including the Website, all owners, officers, directors, employees and agents.

Home – The main residential structure in the Listing by the Seller, including detached garage.

Infobox – A box to hold brochures which is included in “Signs” and is attached to the Sign Frame for the convenience of potential Buyers physically seeing the Home or Property and picking up a brochure to remember the Home or Property.

Listing – The advertisement created by the Seller for the intended sale of the Home and Property.

Products – All offerings from the Company to Sellers, including contracts, documents, Signs,

Property – The land, structures, and all real property included in the Listing by the Seller, including Home.

Real Estate Agent – A licensed salesperson for real estate who can give advice regarding real estate sales, including any subordinates working under the Real Estate Agent.

Seller – Any party purchasing a Listing and attempting to transfer Property using the Website and Company’s Products, Services and Tools.

Services – The assistance given to the Seller for attempting to transfer Property from their ownership to a Buyer, including the Listing.

Signs – Collectively the main 18x24 for-sale sign, sign frame, Infobox, sign riders, directional signs, open house signs, directional and open house sign stakes,.

Third Party – Any party other than the Company with any link(s), advertising, article(s), affiliation or any content on the Website.

Tools – Guides, displays, advice and other items used to assist Sellers in the marketing, advertising, and selling of their Home and/or Property.

Transaction – The legal transfer of Home and/or Property between Seller and Buyer.

User – Anybody browsing the Website, including Buyers and Sellers.

Website – The www.fsbostar.com website, including all pages and content.

NON-BROKER/NON-REAL ESTATE AGENT STATEMENT

The Company is not a Broker or Real Estate Agent, accordingly does not represent neither Sellers nor Buyers and does not provide a Broker, Real Estate Agent or other professional service.  The Company does not charge a Commission.  The Company does not negotiate on behalf of the Sellers or the Buyers.  The Company provides an advertising platform for Sellers, as well as Tools and Products to assist Sellers on this Website as well as Buyers to purchase properties advertised on this Website.  The Company does not enter into fiduciary agreements with Sellers or Buyers.  The Company facilitates the connection between Buyers and Sellers but is not involved in the transactions between Seller and Buyer and is not a party to these transactions.  The Company may have licensed Brokers or Real Estate Agents on staff or available to answer questions, but they will not advise Buyers and Sellers nor will they be active in the market(s) where the Website has current Listings to avoid a conflict of interest.  Further, nothing on this Website shall be construed real estate advice.

NON-LAWYER/NON-ATTORNEY STATEMENT

The Company is not a law firm and does not engage in the practice of law or any other professional service.  Any links or recommendations for attorneys and/or law firms are provided for convenience.  Nothing on the Website shall be construed as legal advice.  The Company recommends that you seek legal advice from a qualified and licensed attorney in your local jurisdiction before entering in a real estate transaction.

PRIVACY POLICY

Please click www.FSBOstar.com/PrivacyPolicy to view our Privacy Policy, or navigate directly to it through the Website. 

EQUAL HOUSING OPPORTUNITY STATEMENT

The Company supports equal housing opportunity for all and requires Sellers to also support equal housing for their listing in which there are no discrimination or barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

NO COMMISSIONS

The Company is not a Broker or Real Estate Agent and does not charge a Commission.  However, if the Seller agrees to a sale of their Home or Property to a Buyer represented by a Broker or Real Estate Agent, a Commission may be payable by the Seller to the Buyer’s Broker or Real Estate Agent.  The amount of the Commission is the sole responsibility of the Seller and the Company has no control or involvement in this aspect or any other aspect of the transaction.

In the event the Seller enters into an agreement with a Broker or Real Estate Agent, Seller shall be solely responsible to pay the required Commission to the Broker or Real Estate Agent hired by Seller. 

The Company does not guarantee in any way that the Home or Property will sell, sell within a certain time frame, or at any specific price.  Further, the Company makes no guarantee regarding the number of clicks or views of any Listing, advertisement or Website.

LIMITATION OF LIABILITY

Information in Listing is provided by the Seller.  The Company bears no responsibility for errors, inaccurate, misleading, omitted, incomplete, dated information, photos, provided by the Seller.  Potential Buyers are encouraged to be thorough in their research and due diligence prior to making an offer, as well as after having an accepted offer to continue through the process, hire an attorney and/or title company, and any other professional services necessary.

Seller will hold harmless the Company from any charges, litigation, or proceedings that arise from the Listing or Transaction.  Further, Seller will hold Company harmless for any errors, inaccurate, misleading, omitted, incomplete, or dated information, and dated, false or misleading photos.

The Company makes no warranties on the final appearance of your Listing.  All information on the Listing is the responsibility of the Seller and the Company has no responsibility regarding the information, description, data, and photos.

INDEMNITY

The User will indemnify, defend, and hold harmless the Company and its owners, officers, directors, employees and agents for all actions or suits and any alleged or actual damages resulting in claims related to the accuracy of the listing or information provided.

The User agrees to indemnify, defend, and hold harmless the Company and any and all of its owners, officers, directors, employees and agents from any liability for any and all damages, including but not limited to consequential, direct, indirect, compensatory, loss of income, profit or data, damage to property, reputation, personal injury, and any and all claims of third parties arising out of or in connection with the use of this Website, Services, Products, Tools or any third-party services or content.

FORCE MAJEURE

The Company is not liable for failure to perform its obligations under the Agreement if such failure results from acts of God, fire, flood, unusual delay in deliveries, unavoidable casualties, terrorist activities, government sanction, blockage, embargo, concealed conditions, shortage or unavailability of materials, supplies, labor, equipment or systems, interruption or failure of electricity, internet or telephone service, or any other causes beyond the Company’s control.  The Company must resume performance as quickly as reasonably possible upon cessation of the event.

LISTING

All Listings with the Company purchased by Seller are for one (1) property only and non-transferable to another property, address, or owner.  The Seller may convert a purchased “Monthly” plan to a “Until You Sell” plan at a discounted rate by contacting the Company at [email protected].

Accuracy of information in the Listing is the sole responsibility of the Seller and the Company does not accept any responsibility towards that information.  User agrees to provide accurate, honest, truthful, current, and fair information, photos, data, including all known facts that affect the appeal and/or value of Home or Property which may not be readily visible or obvious to potential or actual Buyers, and this obligation is the sole responsibility of the Seller.

Seller is solely responsible for accurate data and any liability due to mistakes, omissions, typos, incorrect or inaccurate information or data in their Listing.  Seller agrees to update Listing as quickly as possible to rectify the mistake, omission, typos, incorrect or inaccurate information or data.

Seller is responsible for any changes in status, data or information in their Listing and agree to update their Listing as quickly as possible to reflect changes.

Seller agrees not to include any links to external websites in any section of their Listing. 

PAYMENT

Payment is due in full immediately upon purchase of Products or Services with the Company.  If the Seller purchases a “Monthly” plan, Seller agrees to continue monthly payments every 30 days after initial purchase of the “Monthly” plan until the Home or Property until Closing. 

The “Monthly” plan will not be pro-rated, it will be charged in non-refundable 30-day periods. 

The Company reserves the right to suspend a Monthly Listing which has not been terminated with proper notice and retrieve the Signs.  The Company further reserves the right to charge Seller a fee for Sign retrieval and/or re-delivery, as well as re-activation of the Listing upon payment being successfully processed.

The Company shall have the right to charge interest on any delays in payment or any past-due amounts.

ALL PURCHASES FINAL

All purchases on this Website are final, non-refundable, and subject to these Terms of Use.  If you are unsure, etc. please contact us and obtain answers to your questions prior to completing the transaction.  No refunds will be issued for any reason.  There is no contract to sign and all purchases constitute an agreement and are binding and final.  Unused portions of the “Monthly” plan will not be pro-rated, it will be charged in 30-day periods.  All purchases are guaranteed by the purchaser and no attempts shall be made to cancel any payment by any means.

OBLIGATIONS AND RESPONSIBILITIES

User agrees not to include any links or hyperlinks to other websites.  If any links or hyperlinks are contained in any section of the Listing, the Company reserves the right to remove any and all links or hyperlinks.  however other websites may link to this site.  User agrees not to

Any abusive, racist, sexist, discriminatory, obscene, harassing, fraudulent, illegal or defamatory comments, content, images, photos, messages or communication are strictly prohibited.  The Company reserves the right to ban and block any User who violates this clause.  If a User who has purchased a Listing is found in violation, they will forfeit the Listing, return any signs, and no refund will be issued. 

User agrees to comply with all local, municipal, county, state and Federal laws and regulations regarding the marketing and advertising of their home or property.

User attests that they are of Legal age to enter into agreement in their jurisdiction, and further attest that they are the legal rightful owner(s) of the Home or Property and have authority to sell the Home or Property they are advertising on the Website.

Buyers and Sellers will organize and manage all parts and responsibilities of completing the transaction, including negotiating, escrow, inspections, appraisals, and closing.  Buyers and Sellers are responsible for all expenses and fees related to the real estate transaction.

Seller agrees to display a “Sale Pending” rider on the main for sale sign and update their Listing to display “Sale Pending” on the Website within 24 hours of an accepted offer or executed sales agreement.  “Sale Pending” shall be displayed until the Closing or such time that sale is no longer pending.  Upon successful close, the Seller will contact Company to coordinate for return of Signs to the Company and update Listing to show “Sold” status.

SIGNS

The Seller agrees that when purchasing a Listing, they will be provided with Signs to help advertise their Home or Property for sale.  The Company retains ownership of all Signs.  Seller agrees to prominently display Signs in the yard of the Property for the duration of the Listing. 

Sellers borrow Signs from the Company at their own risk and are the responsibility of the Seller until Signs are back into the Company’s possession.  The Seller agrees not to affix, stick, drill, attach, or make any changes or alterations to the Signs.  The Seller agrees to follow all directions and instructions provided regarding the Signs.  The Company reserves the right to charge the Customer up to $50.00 for not returned, disfigured, or damaged Signs.  The Company will not charge the Seller for normal wear and tear, which is at the sole discretion of the Company. 

After purchase by a Seller of a Service, the Company will endeavor to deliver Signs to the Seller as quickly as agreed upon or reasonably possible (some locations may require the Signs be sent by third-party delivery company.  The Company may deliver Signs on any day (including weekends) and anytime (day or night).  The Company may display Signs in Seller’s yard upon delivery.

The Company is not responsible for any damage caused by the Signs to Property, including but not limited to sprinklers, pipes, underground utilities, underground cable, underground internet, underground telephone, or any other items that may be damaged by installation of the Signs into the ground.  Prior to installation, The Company recommends that Seller contact their local utility companies to avoid damage to the aforementioned underground items.  The Seller assumes all risk of injury from handling and installing Signs.  The Company is not responsible for any damage or injury sustained as a result of installation or handling of our Signs.

TERMINATION

Seller may terminate this Agreement anytime by giving written notice to the Company.  Company may terminate this Agreement anytime without prior notice. 

COMMUNICATION

Users agree not to contact Sellers with any intent other than to inquire about purchase of advertised Home or Property or with an offer to purchase advertised Home or Property.  Contact for any other purpose, including Brokers, Real Estate Agents, or other home advertising, listing or marketing companies or services attempting to acquire the Listing displayed on this Website is strictly prohibited.

MAINTENANCE

The Company bears no responsibility when the Website is down for maintenance or any other service interruption and is not required to give notice.  The Company shall not be responsible for any consequential, punitive, special, incidental or exemplary damages, or for loss of profits or revenues related to any service interruption.

THIRD PARTY LINKS

Links to Third Party websites does not constitute or imply an endorsement of the Third Party.  The User takes full responsibility for any interactions with Third Parties and the outcome of these interactions at their own risk, cost, and liability.  The Company is not responsible for any content of websites linked to this Website.  Following these links to third-parties is solely at the risk of the User.

INTELLECTUAL PROPERTY

All materials on the Website, including all text, graphics, photographs, pictures, images, icons, renditions, floor plans, are copyrighted and owned by the Company.  These materials are protected by federal law against copying or reproduction unless authorized by written expressed consent from the Company.  Any other use will be prosecuted and Company shall seek recovery of statutory or actual damages including attorney’s fees and other remedies.

CONFIDENTIALITY

The User agrees not to disclose Company Confidential Information without the Company’s prior written consent.  Company Confidential Information includes but is not limited to Guides, Tools, Trade Secrets, business strategy, materials, and direct communications.

LICENSE

The Seller grants the Company an irrevocable, royalty-free right to exercise publicity and copyright rights over the material, information and photos displayed the Listing. 

VENUE

This Agreement is agreed to under the laws of the State of Iowa.  The exclusive venue for any dispute between the Company and any User or other parties shall be the Scott County in the State of Iowa.

DISPUTE OR APPEAL

Users may appeal any decision by the Company by sending an email to [email protected] with supporting documentation (if any) of extenuating circumstances.  All decisions are at the sole discretion of the Company and are final. 

ENTIRE AGREEMENT

This Agreement represents the entire agreement between the parties relating to the subject matter hereof. This Agreement alone fully and completely expresses the agreement of the parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein. This Agreement may not be amended or modified, except by a written agreement signed by all parties hereto.

The headings and titles in this Agreement are for guidance and convenience of reference only and do not limit or otherwise affect or interpret the provisions of this agreement.

CHANGES TO TERMS OF USE

The Company reserves the right to amend, revise, or change their Terms of Use at any time and without notice.  Current Terms of Use are accessible at http://fsbostar.com/default.asp.pg-TermsofUse.