Terms and Conditions

This Agreement sets forth the terms and conditions that govern your access and use of the individual web site www.austinmetrofsbo.com ( hereinafter “SITE”), owned and operated by Metro Commerce Systems, LLC ( hereinafter "MCS"). The terms “You” or “Your” refer to the user/member of the SITE. The terms “we”, “our”, and “us” refer to MCS.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. MCS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

SITE MEMBERSHIP ACCOUNT, PASSWORD AND SECURITY

You are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any unauthorized use of your username and password or any other violation of security related to the Site. 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.

USE OF SITE OWNED EMAIL SYSTEMS

You agree to only use the Site owned e-mail functionality to message other Site members for the reasons of asking questions only related to the potential purchase by you of the property the member has listed (‘Property for Sale’) on the Site. Alternatively, if the listing is (‘Property Wanted’), you agree to use the Site owned e-mail functionality to message the listing owner only with legimitate, protential properties matching their listing description. You agree to abide by the listing contact preferences of every member. Under no circumstances may you contact a Site member using our e-mail functionality for the reasons of selling or soliciting other products or services, or communicating other unrelated commercial endeavors. Any violation of this section will result in immediate membership termination.

DISCRIMINATORY PREFERENCES

You agree not to state ANY discriminatory preferences in a listing on the Site. This is prohibited on the Site and is illegal. You agree to avoid any phrases which could be interpreted as discriminating by race, color, origin (e.g. ‘Hispanic area’), religion (e.g. ‘Christian home’), age/family status (e.g. ‘no kids’), disability, or sexual orientation.

YOU AGREE TO THE FOLLOWING RESPONSIBILITIES

You acknowledge that you are over 18 years of age. 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. We reserve the right to pause, suspend or terminate your access to and use of the Site at any time for any reason.

You agree NOT to use the Site to do any of the following:

• Use the listing functionality to post advertisements not-related to the scope and the intended use of the Site. We maintain the right to stop this type of activity immediately and remove the listing or listings. (If you have questions or concerns about creating a listing contact our team first.)
• Post images and links from other non-sponsored, competing web sites or other classified/listings web sites deemed as competing business or misaligned with the intent of the Site.
• Use any software or computer code to alter the design, layout, or any other visual elements of any the Site’s web pages or functionality.
• Use our site to promote, facilitate, or advertise anything (‘For Sale’ or ‘Wanted’) except property or property-related advertised in our listing service pages.
• Collect information (such as name, address, and contact information) about sellers (‘Property for Sale’)or their properties by any manual or automatic means for any purpose other than to consider making an offer to buy the relevant property or communicating to members about legitimate properties matching (‘Property Wanted’) descriptions.
• Violate any local, state, national or international law.
• Stalk, harass or harm other Site members.
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
• Violate laws such as the Fair Housing Act, copyright or trademark regulations or other intellectual property rights and laws.
• Submit, post, store or transmit any (a) Content that is unlawful, harmful, threatening, abusive, harassing, pornographic, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; relationships; (c) Content that infringes the intellectual property rights of a third party.

MEMBERSHIP TERMINATION

You agree that we may terminate your Site membership account and remove and discard any information posted by you on the Site, with or without reason, with or without notice, and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with our Terms and Conditions. You may stop using the Site at any time.

INDEMNIFICATION

You agree to indemnify, defend and hold the Site harmless, its parents, affiliates, principals, employees, or other partners, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from use of the Site or any other activity related to use of the Site.

COPYRIGHTS

All Content of the Site is copyrighted by MCS under United States and international copyright laws. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of MCS.

THIRD PARTY CONTENT AND MONITORING

We are a distributor of listings and associated content supplied by Site members and users of the Site. 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 MCS. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site. We have the right, but not the obligation, to monitor and review the Content on the Site and provided through use of the Site and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand that we reserve the right to remove any content from the Site at anytime, especially when we find there is a violation of terms set forth in this agreement.

UNDESIRED SPAM

Undesired SPAM is not allowed, and we prohibit you from using the Site to promote your own Web site or any business, product or service through the distribution of unsolicited emails or making undesired phone calls to Site members. We reserve the right to research and terminate your rights under this Agreement.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are provided for your personal, noncommercial use only.

LIMITATION OF LIABILITY

IN NO EVENT WILL MCS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MCS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, INFORMATION, SERVICE, TRANSACTION AND/OR MATERIALS PROVIDED OR DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MCS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The aggregate liability for MCS to you for all claims arising from your use of the Site is limited to $50.

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Austin Metro FSBO (www.austinmetrofsbo.com) is a division of Metro Commerce Systems, LLC, Austin, TX

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© 2007-2008 Austin Metro For Sale By Owner.com

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