General Terms and Conditions
Fizber may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the Fizber website.
Click here for more information about Fizber Listing Policy & Guidelines
Membership privileges are granted by Fizber to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the Fizber website without express written permission from Fizber. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Fizber. Fizber requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Fizber system. Members are not permitted to share their individual login information with others. Fizber has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the Fizber website, or abuses their rights related to the Fizber service.
Fizber utilizes email as a vital and primary communication channel with Users. As a registered user, Users hereby acknowledge and grant Fizber the permission to communicate with Users via email (as well as other communication channel such as phone and fax) for any purposes Fizber determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Fizber will use best efforts to honor User's request to opt out of marketing messages, but under no circumstances will Fizber have any liability for sending any email to its registered users/Users. By becoming a member of Fizber, Inc., you acknowledge and agree that Fizber, Inc., may record telephone and other electronic communications it has with you for Fizber, Inc.'s internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Use of Information
User agrees to treat all information obtained from the Service, including listings, “Pro” member directory, historical transaction information ("Property Comps"), and any information otherwise made available to User in the Service (individually and collectively, the "Content") as proprietary to Fizber. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Fizber. Fizber does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User's own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
Fizber valuation reports and other similar information, reports and services (individually and collectively "Fizber Reports"), the Service, and any and all Content offered by Fizber to User ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY FIZBER, USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
User shall limit access to and use of active property listings, “Pro” member directory, Fizber Reports, Property Facts, and Property Comps information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing service or device. User further shall not use the Service in any other manner for or in connection with any other listing service or device. User shall not use the Fizber Service as part of any effort to compete with Fizber, including without limitation using the Fizber Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Fizber User, nor shall User remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Fizber Service. User shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy Fizber products, services or information; decompile, decode or reverse engineer Fizber software; or use Fizber products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Members, registered users and Users are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Fizber is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
User agrees to pay for all products ordered through the Fizber website, affiliate Fizber websites or third-party websites (partners, advertisers, etc) using the payment method indicated, and provides Fizber express authorization to charge said fees to the User's payment provider at time of purchase. Fees owed depend on the specific type and quantity of Fizber products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, Fizber may immediately cease to provide any and all Deliverables to the User. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At Fizber's option, User shall pay such taxes or fees directly or pay to Fizber any such taxes or fees immediately upon invoicing by Fizber. Fizber is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit MyFizber Account.
If you purchase either the MLS option and/or the Sign Package option and do not go into escrow for the sale of your home within 90 days, Fizber will introduce you to a Fizber-approved local real estate agent and refund your money upon closing with this real estate agent. The guarantee applies to home sellers that were unsuccessful in selling their home without a real estate agent. It does not apply to those home sellers that purchased the "Closing Guru" package.
Fizber may offer a Money-Back Guarantee for certain Purchase Options (MLS options/Yard Sign option). If User chooses to cancel their listing and apply for the Money-Back Guarantee, User must notify Fizber in writing that they would like to qualify for the Money-Back Guarantee option at email@example.com. To qualify for the Money-back Guarantee, Users must list and sell their home through an approved real estate professional within the Fizber network ("Approved Agent") and send Fizber with documentation of the sale. Fizber will assign the User with the Approved Agent. The User must then list and sell their home using the Approved Agent assigned by Fizber in order to qualify for the Money-Back Guarantee. When the User sells their property through the Approved Agent, the User must then send Fizber with a copy of the closing settlement statement or HUD-1 ("Closing Statement"). Once the Closing Statement is received, Fizber will begin processing the Money-Back Guarantee refund. The Money-Back Guarantee refund will be issued in the amount of the payment received from User for the selected Fizber Purchase Options. Fizber will not refund in excess to the amount received from the User. Fizber will only refund to Users that qualify for the Money-Back Guarantee. If the User decides to cancel their listing and chooses to not apply for the Money-Back Guarantee or does not qualify for the Money-Back Guarantee, then the Users payment is not refundable and is considered fully earned by Fizber.
If User has a question about a cancellation, User should contact Fizber Client Services at Help@Fizber.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Users of any such changes.
It is the User's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "MyFizber Account" tab within the "MyFizber" section, once User has logged into www.Fizber.com. Fizber does not validate all credit card information required by the User's payment provider to secure payment.
The User must notify Fizber about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Fizber's attention within 90 days, User agrees to waive their right to dispute such problems or discrepancies.
Unsolicited Commercial Email (Spam)
Fizber prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Users may not use the Email Contact Agent, Contact Seller, Email a Friend, Pro Tools, or other email services that Fizber offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Pro Tools, User agrees to send email only to those who have given User consent or with whom User has an established business relationship. Fizber has the right to revoke the privileges of any User or company that breaches these terms.
Fizber reserves the right to terminate or suspend a User's membership at any time for violations of this Agreement or upon a good faith determination of a violation of this Agreement. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of Fizber services, nonpayment of fees owed by you in connection with Fizber services, account inactivity or technical or security issues. Upon termination, Fizber shall have no obligation to maintain or forward any content in your account. If User has a separate, written agreement with Fizber that is designated to last more than one (1) calendar year, notwithstanding anything to the contrary in these Terms and Conditions, User may, on a one-time basis for no or any cause and without payment or penalty and upon written notice to Fizber, terminate such written agreement effective one year from the date Fizber receives such written notice, provided that such one-time termination right shall expire on August 31, 2017 or upon Licensee's exercise of its termination right under this provision.
Ownership and License Grant
Fizber retains all rights (including Intellectual Property Rights as defined below), title and interest in the Fizber Website, Fizber technology and brochures, Email Alert database and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. User will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Fizber's technology or delete or alter author attributes or copyright notices. User shall use the Fizber system solely for their own use and shall not allow others to use the Fizber system under or through that User's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL FIZBER BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF FIZBER'S SERVICES, PRIVATE LISTING FUNCTIONALITY OR USER'S FAILURE TO KEEP USER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. User's exclusive remedy, and Fizber's entire liability under this Agreement shall be a refund to User of the fees paid to Fizber hereunder, and in no event will Fizber's liability for any reason exceed such fee. Fizber (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User's use of the Deliverables, and User shall indemnify Fizber (and Fizber's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than User arising from User's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND FIZBER REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FIZBER MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR FIZBER REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND FIZBER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. FIZBER MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO FIZBER'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM FIZBER'S WEBSITE , INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND FIZBER REPORTS IS ACCESSED AT USER'S OWN DISCRETION AND RISK, AND USER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO USER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIZBER OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
Links to Third Party Sites
Other Rights of Fizber, Inc.
User agrees that Fizber shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by Fizber Users and partners. Fizber shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Fizber shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. Fizber reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Fizber's corporate website, located at http://www.Fizber.com.
If you believe that your work has been copied onto Fizber in a way that constitutes copyright infringement, please provide Fizber's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Fizber that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on Fizber, with identifying information for the listing, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Email address for Fizber's copyright agent: help@Fizber.com
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
Brokers and Agents
Any User who identifies himself or herself as a broker or agent on the Fizber website member registration form or otherwise purports to be a broker on Fizber's Find a Pro service hereby represents and warrants that User is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which User is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any User whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any User who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such User is not a licensed broker. Fizber does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the Fizber website.
Governing Law; User Right to Arbitrate
This Agreement, and the Deliverables provided by Fizber, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Orange County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Should Fizber file or threaten to file a judicial action against User alleging violation of Fizber's intellectual property rights or violation of use provisions of this Agreement, User may elect to resolve Fizber's claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in Orange County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of Fizber's filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent Fizber from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by User without the prior written consent of Fizber, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of Fizber to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at Fizber. Address is below:
999 Corporate Drive Suite 215
Ladera Ranch, CA 92694
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.