Homes for Sale by Owner - Fizber.com

Fizber.com provides the services to you, subject to and under the following Terms and Conditions (the “Terms” or the “Agreement”). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON Fizber.com, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. In these Terms, “Web site” refers to Fizber.com. “You” refers to users of Fizber.com. “Customers” refers to users who purchase any product or Service on Fizber.com, including without limitation listing their properties on the Web site. The words “we,” “us,” and “our” refer to Fizber.com. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.

1. Access and Registration.

If you open an Account at Fizber.com, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access Fizber.com using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access Fizber.com using your name in whole or in part without our permission. If you believe someone has accessed Fizber.com using your user name and password without your authorization, e-mail us immediately at the address listed below.

You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access Fizber.com through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive for a period of one (1) year.

2. Customer Listing, Password, and Security.

Customers may create a user name (your e-mail) and password. In addition, Customers that list their properties on Fizber.com as sellers are assigned a listing number that operates as a user name. Customers are responsible for maintaining the confidentiality of their user names, listing numbers, and passwords. You, as a Customer, are solely responsible for all activities that occur under your user name, listing number, and password. As a Customer, you agree to immediately notify us of any unauthorized use of your user name, listing number and/or 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 USER NAME, LISTING NUMBER, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as Customer, agree that we may terminate your Account if it remains inactive for a period of one (1) year.

3. Customer Responsibilities.

In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, NONCOMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the Web site and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on Fizber.com, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever. Other than providing links to virtual tours of your property, YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR LISTING. IF YOU VIOLATE OR FAIL TO COMPLY WITH THIS SECTION 3, YOU AGREE TO COMPENSATE Fizber.com FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000.

4. Customer Responsibilities Concerning Property Listings.

• Monthly Plan. Any Customer who registers for the Monthly Plan is responsible for paying monthly subscription fees. Customers who choose the Monthly Plan will be automatically billed to their credit card every thirty days from the date the ad is placed (the “renewal date”) until the user cancels the ad. Payment for a monthly listing shall be made by automatic credit card debit. Customers can cancel listings online, can send a cancellation request via e-mail at least one (1) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to or call. You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled. If you have not received a confirmation, cancel your listing online.
• Until Sold Plan. Any Customer who registers for the Until Sold Plan will be billed a one-time flat fee which entitles the Customer to maintain the property listing until sold. Notwithstanding the foregoing, the Customer is responsible for periodically extending the listing if desired, notifying Fizber.com of the sale of the property, and then removing the listing from the Web site.
• MLS Upgrades. Any Customer who registers for the MLS upgrade will be billed an additional one-time flat fee between, depending on the state, which entitles the Customer to have his property listed on an available local multiple listing service for six months accessible by real estate brokers/agents in the area. If you register for the MLS Service, you acknowledge that the Fizber.com Web site listing and MLS listing are sold separately. MLS Listing applications must be submitted promptly after receipt. Fizber.com is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. Accordingly, all MLS listings are handled by an independent, local real estate broker/agent in your area who will contact you in order to contract with you separately. The terms of any agreement between you and any independent real estate broker/agent are not endorsed, recommended or otherwise known to or by Fizber.com.
• MLS Service in General. The MLS Listing expires after six (6) months. You may extend an MLS Listing for additional six (6) months periods by paying an additional $300 per six-month period. There may be additional fees that apply depending on the geographic location of your property listing and your local MLS’s rules and regulations. Moreover, the MLS Service may be subject to additional fees and/or restrictions based on, among other things, changes in laws, regulations, or the third parties with which Fizber.com may contract. In addition, depending on your MLS listing agreement, there may be restrictions on your use of signs, including signs provided as part of the above Plans. IF YOU OBJECT TO ANY MODIFICATIONS TO THE MLS SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE MLS SERVICES. CONTINUED USE OF THE MLS SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE MLS SERVICES AS SO MODIFIED. MLS Service is considered a separate purchase and is treated as a separate service for refunds. THERE WILL NOT BE ANY REFUND FOR THE CANCELLATION OF THE MLS SERVICE.

5. Refunds.

Under certain limited circumstances, Fizber.com may refund the purchase price or a portion of the purchase price for Services purchased from Fizber.com.

• Customer Obligations concerning Cancellation. In certain cases in its sole discretion, Fizber.com will attempt to make commercially reasonable efforts to accommodate its users and Customers that purchase products or the Services from Fizber.com and subsequently attempt to cancel such purchase. However, it is ultimately your responsibility to promptly inform Fizber.com that you are canceling a purchase and Fizber.com is under no obligation to make accommodation for users of Customers that attempt to cancel. Fizber.com IS NOT RESPONSIBLE FOR AND NEED NOT HONOR CANCELLATION REQUESTS THAT IT DOES NOT RECEIVE OR DOES NOT RECEIVE IN A TIMELY FASHION.
• Voiding Charges within 24 Hours of Purchase. If you or Customers or purchasers of a product through the Fizber.com on-line shop or the Services notify Fizber.com in writing of a cancellation within 24 hours of a purchase of a product or the Services, then Fizber.com will void, reverse, or credit the charges on such purchase.
• Refunds, Downgrades, or Changes within 24 Hours of Purchase for Non-MLS-Related Services/Plans. For Services/plans described you can obtain a refund, downgrade your plan with a refund of the difference in price, or change your plan within 24 hours of your purchase of the Services by notifying Fizber.com in writing of your refund request, downgrade request, or change order. For a change that involves an upgrade to a Service plan, you must pay the difference in price between the plan you initially purchased and the upgraded plan. FOR ANY REFUND OBTAINED PURSUANT TO Fizber.com HAS THE RIGHT TO CHARGE A $25 CANCELLATION FEE FOR SERVICES RENDERED.
• Refund and Change Policy after 24 Hours from Purchase of Services. For all Services/plans AFTER 24 HOURS FROM YOUR PURCHASE OF THE SERVICES, THERE IS NO REFUND FOR ANY REASON. IN ADDITION, AFTER 24 HOURS FROM YOUR PURCHASE OF THE SERVICES, YOU CANNOT DOWNGRADE YOU PLAN AND RECEIVE A REFUND. You may upgrade to another plan after 24 hours from your purchase of the Services.
• "Featured Home". The property listing is in the Featured Home rotation is for 10 days. Your property listing will not be viewable all of the time and may not be present during certain times when you are on the site. YOU ARE NOT ENTITLED TO A REFUND BECAUSE YOUR PROPERTY LISTING WAS NOT DISPLAYED AS A “FEATURED HOME” AT A CERTAIN TIME.
• “Hot Offer". This feature cycles your property listing through the “Hot Offer" section of Fizber.com’s home page at certain times. The property listing is in rotation for 10 days. However, your property listing will not be viewable all of the time and may not be present during certain times when you check the “Hot Offer.” YOU ARE NOT ENTITLED TO A REFUND BECAUSE YOUR PROPERTY LISTING WAS NOT DISPLAYED AS A “Hot Offer” AT A CERTAIN TIME. THERE IS NO REFUND FOR THIS FEATURE AFTER 24 HOURS.
• Refund and Changes to Services/Plans that Include MLS Services. Because the MLS in your local area is a third-party service, Fizber.com is subject to additional fees and restrictions concerning changes requested by a Customer after they have purchased a plan with MLS Services, especially after a property listing has been posted to the MLS, therefore, if you want to cancel MLS listing, there's no refund for any reason.
• Requests for Refunds, or Uploads with respect to Monthly Plans. With respect to the Monthly Plan you may cancel your Monthly Plan. There is no pro-ration for canceling a Monthly Plan within a 30-day period. That is, if you cancel a Monthly Plan 24 hours after the renewal date and/or part-way through a 30-day cycle, YOU WILL NOT RECEIVE ANY PRO-RATED REFUND. IT IS YOUR RESPONSIBILITY TO USE THE AD CANCELLATION FEATURE TO CANCEL THE MONTHLY PLAN. IF YOU FAIL TO DO SO, YOU ARE LIABLE FOR AND MUST PAY Fizber.com ALL ASSOCIATED MONTHLY FEES.
• Technical Problems or Computer/Browser Requirements. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE WEB SITE (INCLUDING WITHOUT LIMITATION NOT BEING ABLE TO LOG IN TO YOUR ACCOUNT OR NOT BEING ABLE TO UPLOAD PHOTOS) THAT REMOVE YOUR PROPERTY LISTING, CHANGE YOUR PROPERTY LISTING, OR CAUSE YOUR PROPERTY LISTING NOT TO BE DISPLAYED. YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A FAILURE TO VIEW YOUR PROPERTY LISTING THAT IS DUE TO YOUR COMPUTER’S OR YOUR BROWSER’S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS OF Fizber.com. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE.
• Yard Signs and Related Products. THERE ARE NO REFUNDS FOR YARD SIGNS OR OTHER PRODUCTS THAT ARE SENT TO YOU IN CONNECTION WITH A SERVICE PLAN.
• Realtor and Stager's Subscriptions. Because most of Fizber.com expenses are incurred in the first few days of listing a property we cannot offer refunds. However, if a refund is requested before your web listing is made public, posted on Fizber.com, than a refund in the amount you paid may be granted.
• Foreclosure Subscriptions
  Your weekly and monthly subscription(s) will automatically renew without prior notice to you, until you cancel your subscription or we terminate it. Refunds will not be issued to a user based upon his or her personal views or opinions of foreclosure.fizber.com or for non-use of service. This includes the quality of content, delays in updates, or related matters. Users have the option to cancel by contacting us at support@fizber.com. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the foreclosure.fizber.com subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.
  
  foreclosure.fizber.com will not be held responsible for charges incurred because of User inputting an invalid or incorrect email address when signing up. Furthermore, User's non-use of the site, misplaced or lost access codes, shall not justify User receiving any refund for any services charged.

6. Moneyback Guarantee.

We provide all the tools to maximize your exposure on the U.S. internet and the facilities for you to manage and update your advertising online in response to interest generated. We bring buyers to view your details, but the response you get depends on your property, the price you set, buyer demand in your area and the quality of content you provide for your advertised listing.

This is a self-sell advertising package so in fact, we don't sell your home anyway - you do - using our advertising network. One of the Services offered Fizber.com is the following 30-day Money Back Guarantee program that provides you a refund of the fees paid to us under certain circumstances:

• This offer is good for new customers only. The Money Back guarantee applies only to the initial package ordered on your account. Additional ProFeatures are excluded.
• You must cancel your service within 30 days of account activation.
• Please email to cancel your service.

a). This Money-Back Guarantee applies ONLY to a real property Owner who purchases Fizber.com's home listing purchase after August 10, 2007 and while this guarantee is posted on this page to advertise real property they hold legal title to in the USA. Only ONE such ad per owner may be subject to this guarantee and it only applies to Owners making a Bona-Fide offer of their property for SALE (i.e. someone offering their property for sale just to generate leads of some kind or conduct research will not qualify for this guarantee since the property is not REALLY offered for sale) who are NOT a licensed real estate agent, mortgage, or note broker. A qualifying party is referred to as the SELLER.

b). This Money-Back Guarantee applies ONLY to a SELLER which a) is continuously ACTIVE (i.e. the SELLER does not pause or cancel the ad) and continuously meets all the other standards stated in this section 2 for a period of 30 days from the date said ad was placed and b) includes 5 reasonable quality photos of the property advertised (to be added within 2 days of listing) and c) the Information section of the ad has been reasonably completed including the street name and address (to be completed within 2 days of listing) and d) accurately describes the single property which is being offered for sale (you can not advertise a condo and offer a mobile home for example) and e) the SELLER contact information is and remains continuously valid (at least one phone number and one email address); f) please note, if your ad received more than 100 views, you can not apply for a money back guarantee. An ad meeting these standards is herein a QUALIFIED ad. Email us for a money back only after your ad items b and c are fine.

c). We will refund to SELLER the FULL PURCHASE PRICE of the ONE QUALIFIED ad purchased within 30 days of receipt of a written request from the SELLER of said QUALIFIED ad in the event that a) the advertiser is a SELLER entitled to this guarantee and b) the SELLER has used due diligence to sell the property advertised and c) the ad is and was continuously for 30 days a QUALIFIED ad and d) the 30 day period beginning on the date the QUALIFIED ad was purchased has expired and the property advertised remains unsold and is not under contract. The SELLER shall certify that items a through d are the circumstances in their request for refund and include a copy of their order confirmation which states the guarantee applicable at the time of their order (IF you sign and return the order confirmation to us at the time your order is placed then you do NOT need to return it again if you later request a refund). IF we are uncertain about the validity of the request then we shall be entitled to request that the SELLER provide us a title report dated on or after the end of the 30 day period documenting that the SELLER remains the owner of record of the advertised property prior to our processing the refund.

d). The refund request must be received at the address above no earlier than 30 days after the listing was placed and no later than 30 days after the date the listing was placed.

e). THIS LIMITED WARRANTY IS INTENDED TO BE AND SHALL BE EXCLUSIVE AND INSTEAD OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER WARRANTIES NOW OR HEREAFTER ALLOWED BY ANY LAW. WE ARE NOT AND SHALL NOT BECOME LIABLE FOR ANY OTHER ITEM OF COST OR EXPENSE OR LIABILITY INCLUDING BUT NO