User Agreement

User Agreement

To complete your registration please read the following terms and conditions. By clicking on the Accept button at the bottom of the page, you indicate that you have read and agree to the terms and conditions.

 

OfficialFSBO.com User Agreement

We want the OfficialFSBO.com community to be open, honest, and courteous so that individual buyers and sellers can transact sales in a safe and friendly environment. We rely on you to help us foster and maintain OfficialFSBO.com's level of trust and integrity. This Terms of Use Agreement ("Agreement") outlines both acceptable and unacceptable practices on this web site. Please read this Agreement carefully. By clicking on the "I accept" button, you accept the terms and conditions of this Agreement. If have any questions, kindly contact us via e-mail. Please note that we may post amendments to this Agreement at any time. Any amendment to this Agreement will become effective 30 days after the first day we post the amendment on our site. If you prefer to receive an email update for each amendment to this Agreement please click the checkbox at the bottom of this page.

  1. Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law.
  2. Fees. Joining OfficialFSBO.com is free You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We reserve the right, in our sole discretion to add, delete, change or modify some or all of our services at any time.
  3. OfficialFSBO.com is Only a Venue. OfficialFSBO.com only provides the venue where retail and wholesale auctions are conducted by the reputable sellers and buyers can bid on items. Since OfficialFSBO.com does not get involved the actual transaction between buyers and sellers, OfficialFSBO.com does not control the following:

a.       the quality, safety and/or legality of the listed items;

b.       the truth or accuracy of any descriptions or graphics in any listings or advertisements;

c.       the ability of the seller to auction the item(s);

d.       the ability or solvency of the buyer in purchasing the item(s);

e.       the ability of a seller to deliver the item(s) sold;

f.         the ability of a buyer to deliver payment for the item(s) purchased;

g.       the integrity of either the buyer or the seller.

OfficialFSBO.com has established a user-initiated feedback system to assist you in evaluating other buyers and sellers. We also encourage you to communicate directly with a buyer or seller so that you can evaluate the integrity of the other party yourself.

OfficialFSBO.com does not control the information provided by users that is made available through OfficialFSBO.com. In particular, all graphics displayed in listings do not reside on our servers, and, therefore, are outside the scope of our control.

Please remember that the Internet is a freewheeling environment and it may be difficult to confirm a person's identity and honesty. Therefore, please use common sense and trade with caution.

Release. In the event that you have a dispute with one or more users, you hereby agree to release OfficialFSBO.com (including our agents, officers, employees, subsidiaries, parent and affiliated companies which are also referred to herein as "OfficialFSBO.com") from any and all claims, demands and damages (including actual, special and consequential) of every kind and nature, now known or arising in the future, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

  1. Registering. When you register for OfficialFSBO.com, you must provide accurate personal information. All required fields must be completed accurately with information that will allow other users and OfficialFSBO.com to contact you. You may not register multiple times; instead, edit your original registration to update your personal information. If you have trouble accessing your original registration, please contact OfficialFSBO.com via email.
  2. Bidding and Buying. If your bid is accepted by the Seller, you must complete the transaction. Bids are only retractable in exceptional circumstances (such as a seller materially changing the description of the item after your bid). In addition, you may not bid in a way that exposes the maximum bid of other bidders, then retract the high bid, and rebid at a smaller increment above the legitimate high bidder.
  3. Listing and Selling You must list your auction item(s) in the appropriate categories and geographic regions. All so-called Dutch auction items must be identical (the size, color, make, and model all must be the same for each item). Your listings must not include links to or include advertising for goods or services which (a) you are not trying to sell on OfficialFSBO.com, or (b) you do not have permission to link to or to include in your listing. You may not list multiple auctions, which sell identical items, beginning and ending on the same calendar days.

You may not list on our site or sell any item through our site which: (a) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causes a legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale to the buyer would violate, any applicable law, statute, ordinance or regulation. Without limiting the foregoing, you may not list on our site or sell through our site the following: live animals, plants, foodstuffs, or home made beer or alcohol beverage (except if being resold and the container was initially purchased from a legally licensed retailer). Furthermore, you may not list on our site or sell through our site any item that, by paying to us the listing fee or the final value fee, if any,  could cause us to violate any applicable law, statute, ordinance or regulation. Such items include without limitation any real estate, stocks or bonds, insurance or other financial services.

If you receive one or more bids above your stated minimum price, then you must complete the transaction.

  1. Contacting Other OfficialFSBO.com Users. OfficialFSBO.com provides you with features to enable you to e-mail other users; however, there are limitations on your right to use such features.

OfficialFSBO.com hereby grants to you a limited license to use other users' information only for the following purposes: (a) OfficialFSBO.com-related communications, and (b) any other purpose that such user expressly opts into after adequate disclosure of the purpose(s). In the case of (b), you must give users an opportunity to remove themselves from your list and a chance to review what information you have collected about them.

You may not, under any circumstances:

 .        disclose personally identifiable information about another user to any third party without OfficialFSBO.com's prior written consent and the prior consent of such other user after adequate disclosure;

a.       email bidders in a currently open auction being run by a different seller, offering similar or the same item as in that open auction;

b.       collect e-mail addresses or Usernames of other users from OfficialFSBO.com's site in an automated way;

c.       add a OfficialFSBO.com user - even a user who has purchased an auction item from you - to your mail list (email or physical mail) without their express consent after adequate disclosure;

d.       email a seller to ask that an item be sold outside of the auction process; or

e.       email bidders to ask them to purchase items outside of the auction process.

  1. No Price Manipulation. Sellers shall not artificially manipulate the price of an item they are auctioning by the use of a shill (a secondary account or third party) or by bidding themselves.
  2. System Integrity. You may not interfere or attempt to interfere with the proper working of OfficialFSBO.com or any auction being conducted on our site. You may not take any action that imposes an unreasonable or disproportionately large or burdensome load on our infrastructure.
  3. Passwords are non-transferable and may not be used for any unauthorized purpose. You may not disclose (to any third party) or share your password with anyone other than OfficialFSBO.com.
  4. Feedback. The feedback system depends upon its proper use. Accordingly, feedback must be reliable and trustworthy; otherwise the entire feedback system suffers. You may not undermine the feedback system's integrity in any way, including:

 .                    leaving positive feedback for yourself using secondary User IDs or third parties;

a.       leaving negative feedback for other users using secondary accounts or third parties;

b.       leaving negative feedback if a user fails to perform some action that is outside the scope of the auction;

c.       placing a bid or arranging to have a bid placed on another user's auction solely for the purpose of enabling you to leave feedback about that user; or

d.       placing a bid or arranging to have a bid placed on your auction solely for the purpose of enabling positive feedback to be left about you.

Feedback ratings are strictly designed for the purpose of facilitating transactions between OfficialFSBO.com users. OfficialFSBO.com retains all copyright to the collection of information on our site, and you are prohibited from marketing or promoting your OfficialFSBO.com feedback rating in any venue other than OfficialFSBO.com.

  1. Breach. OfficialFSBO.com hereby reserves the unqualified right to terminate your membership and any of your current auctions and/or bids immediately and without notice if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. In addition, OfficialFSBO.com may refuse service of any kind to anyone at any time, in our sole discretion.
  2. Limitation on Warranty. THE OfficialFSBO.com WEBSITE AND SERVICES ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES EXPRESSLY DISCLAIMED INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Please note that some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.

  1. Limitation of Liability. IN NO EVENT SHALL OfficialFSBO.com (INCLUDING OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT AND AFFILIATED COMPANIES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OfficialFSBO.com'S LIABILITY TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES, IF ANY, YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.

Please note that some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

  1. General Compliance with Laws. You agree to comply with all applicable federal, state and local laws, statutes, ordinances and regulations regarding your use of our servers or your bidding on, listing, purchase or sale of items.
  2. Personal Communication "Personal Communication(s)" means any information you provide to us, or to other users on the OfficialFSBO.com site, during the registration, bidding or listing process, or in the feedback area) or through any email feature.

You are solely responsible for your Personal Communications and we are merely a passive conduit for its online distribution and publication. However, we reserve the right to take any action with respect to such Personal Communication(s) if we deem it necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Personal Communication(s):

 .        shall not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

a.       shall not violate any federal, state of local law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

b.       shall not be defamatory, trade libelous, threatening or harassing;

c.       shall not be obscene or contain child pornography; and

d.       shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any media now known or not currently known, with respect to any Personal Communications.

  1. No Agency You and OfficialFSBO.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
  2. Notices. Except as explicitly stated otherwise, any notices shall be given by email to admin@OfficialFSBO.com (in the case of OfficialFSBO.com) or to the email address you provide to OfficialFSBO.com during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to OfficialFSBO.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
  3. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrary shall be conducted in New York City, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or OfficialFSBO.com may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or OfficialFSBO.com pending the completion of arbitration.
  4. General. This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within the County of New York between New York residents. Both parties submit to jurisdiction in New York  and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court of competent jurisdiction in New York County, New York.

OfficialFSBO.com does not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

  1. Disclosures The services hereunder are offered by OfficialFSBO.com, located at 503 4th Avenue, Brooklyn, New York 11215. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Presently there is no fee for our services.  Fees for featured auctions or advertising at OfficialFSBO.com.com will be negotiated with the interested Sellers on case-by-case basis.