Simplybyowner.com Terms and Conditions

By visiting Simplybyowner.com ("website" ) or using our web listing services; post and/or sign rental and installation services; or other related services ( "service" or "services"), you ( "viewer", "user", "customer" or "owner") agree the following:

• Nature of Services
  
  Simplybyowner.com is an advertising company that helps marketing for –sale-by-owner properties by listing such properties online and renting for-sale-by-owner signs and post to be installed on such properties. Simplybyowner.com is not a realtor and does not represent any buyer or seller nor get involved in any legal aspects of buying or selling properties.


• Using of Services
  
  
  • Besides the basic online listing and sing and post rental, other services and fees may be viewed in the pricing page under "List Property" in our website;
  
  
  • Simplybyowner.com will try every effort to install the post and sign as soon as possible. Most signs are installed within seven business days after the payment except extreme weather conditions;
  
  
  • All fees are non-refundable after the listing is active. Once the listing is active, there will be no refund even if the owner decides not to using our services by listing with others, taking the property off from the market, or selling the property before the listing period expires; There is no prorating of fees for any of the online listing and/or sign and post rental services.
  
  
  • The renew price is only for existing customer with active listing service; it does not apply to new customers or anyone delists a property and wants to relist the property;
  
  
  • One listing price/service is for one property only. The online listing and/or the post and for-sale-by-owner sign may not be transferred to another property during the listing period, even if the owner decide to delist current property;
  
  
  • For property beyond the delivery area, we can mail an 18X24 sign or owner can contact us to pick up a sign and post to install yourself. A deposit is required for picking up a sign.
  
  
  • All services and fees are subject to change without notice;
  
  
  • Simplybyowner.com reserves the right to modify or delete any text, data, link, or particular formatting in the online listing that is inconsistent with our policy;
  
  
  • If a broker or realtor lists properties on our website, disclosuring as a broker or agent must be found on the listing page;
  
  
  • Post and Sign rental, unless otherwise specified, includes: one 6 foot vinyl post, one 18X24 for sale by owner sign, metal stake, one white phone number panel, and one Simplybyowner.com name rider. All these must be returned to Simplybyowner.com at the end of the service.
  
  
  • If the owner sells the property during the listing period, owner must give us a one-week advance notice before the closing date so Vahbyowner could come to pick up the post and sign on the ground;
  
  
  • Simplybyowner.com does not guarantee of any sales of a listing property. If the listing property is not sold at the end of the listing period, no refund will be given to the owner. Nor Simplybyowner.com will take any responsibility for such no-sale.
  
  
  • Any 18 x 24 inch sign purchased from Simplybyowner.com is not replaceable without additional fees. Simplybyowner.com will not be responsible for any stolen or missing of such sign during the listing period.
  
  
  • If customer requests Simplybyowner.com to install a sign on other people's property, customer must present Simplybyowner.com written permission via email (with signature), mail, or fax (including instructions for underground utilities) from the property owner.


• Underground Utility and Sign Installation
  
  Listing property owner agree to check with local authority to for any possible underground utility and mark a safe place that is free from underground sprinklers or underground utilities, etc. for Simplybyowner.com to install the post and sign. Without owner's marking such a place (which we assume there is no underground utility) or owner's marker violates city rules or too close to the road, Simplybyowner.com will use reasonable judgment to install the sign on a proper place in front of the owner's property. Simplybyowner.com and its parent company are not responsible for damage to underground utilities resulting from placement of yard sign.


• Ownership of Post, For-Sale-by-Owner Sign, and Brochure Boxes
  
  Except the ones that we sell for outside our installation areas, Simplybyowner.com owns the vinyl post, the sale by owner sign, the metal stake, the white phone number panel, the Simplybyowner.com name rider, and the brochure box if applicable. Owner agrees to mark a safe place to install the sign and post and not to mark, tape, or otherwise damage the sign and post while the post and sign installs on owner's property. Owner further agrees to keep the post and sing in good conditions during the service period and make them returnable at the end of service.
  
  If any of the items is damaged or not returnable at the end of the service, owner agrees to pay Simplybyowner.com for the damage according to the following: vinyl post - $50, the sale by owner sign - $40, the metal stake -$15, the white phone number panel - $15, the Simplybyowner.com name rider - $15, and the brochure box -$15.


• Service Term and Owner's Notification Obligation
  
  The service term in the basic listing services is continuous and the listing and/or post and sign rental services will terminate at the happening one of the followings:
  
  
  • the listing service period is end and the owner does not want to renew our service;
  • owner accepts offer and sells the property;
  • owner list the property with a realtor;
  • owner list the property elsewhere and does not need our listing service; and
  • owner takes off the property from the market;
  
  If one of the above mentioned happens, owner agrees to notify Simplybyowner.com as soon as possible and make the sign and post available for us to pick up from the ground.


• Simplybyowner.com's right to termination or suspension
  
  Simplybyowner.com reserves the right to ask owner to correct common sense errors, inaccuracy or knowingly misrepresentation of their property in the listing. Owner's refusal to correct such inaccuracy or misrepresentation may result in suspension or termination of the listing services without any refund.
  
  Simplybyowner.com may also suspend a listing for objectionable content, content that is inconsistent with our listing policy, or content that may be in violation of the Federal Fair Housing Act or other related federal or state law or local ordinance.
  
  Simplybyowner.com may, without notice, delete certain content from a listing that may violate other people's rights or is inconsistent with our listing policy.
  
  If our sign (including the name rider on top of the post) is removed from the property, any other sign replaces our sign and/or the name rider, Simplybyowner.com reserves the right to terminate or suspend the listing until our sign or name rider is put back.


• Privacy of Information
  
  Any name, address, phone number, emails entered in our database by owner or user will be kept private if such data is not posted on the listing page by owner. Simplybyowner.com will not sell such data to other business or individual or use of such data for any other business purpose. Simplybyowner.com will not disclosure such private information to any business, individual, or government agency except that a disclosure is required by law or that a disclosure is necessary to our contractors such as web designer or programmers for the purpose of continuing improvement or operation of this website.
  
  Although we use one of the best webhosting services available online, the security measure of the webhosting company is something that Simplybyowner.com could not control. Simplybyowner.com does not take responsibility for possible negative consequences caused to our user by any illegally interception, transmission, or access of private information related to our webhosting or website.


• Online Posting and Using of Our Website
  
  The contact/email function on the listing page of our website is for viewers or potential buyers to inquiry the owner for property-related questions. Any other unrelated business contact to our customers through our website is prohibited.
  
  For new listing, a listing with reduced price, or other related circumstances, Simplybyowner.com place a note such as "new listing", "reduced price", "sold" for a certain period of time. For property that is sold or accepted offer, Simplybyowner.com places a note such as "accepted offer" or "sold" for a certain period of time before the property is taken off from our website.
  
  Once user registers in our website, user will get an account to login to our website. Any use of the account that is not consistent with our policy is prohibited. Simplybyowner.com reserves the right to terminate or disable a user account if we find there is a violation of our policy from that account.
  
  Since we use hosting services from other business, Simplybyowner.com could not guarantee 100% of our website online. Simplybyowner.com does not take any responsibility for any damage or loss caused to our users because of the downtime or interruption of our website.
  
  The companies listed in our service directory are for reference only. Simplybyowner.com does not endorse any of them for any purpose. User must use their own discretion to choose these business services. Simplybyowner.com shall not take any responsibility for any negative consequence of user's using their services.
  
  No contents of this website may be reproduced by or linked to another website for business purpose, or reproduced in any printed publication, without written permission from Simplybyowner.com.
  
  Misusing the Website by knowingly introducing trojans, worms, malware, or other viruses or material which may be malicious or harmful, or unauthorized access or attempt to access to other user's account, the sever the website is hosted, is strictly prohibited.


• Accuracy of the Listing Information
  
  Simplybyowner.com is not in a position to verify the accuracy of text, graphics, information, links, photos or other items user put into our website and does not guarantee the accuracy of such information. The property owner is responsible for the accuracy of the information on the online listing.
  
  Owner shall carefully review the information they put online to avoid any errors, misrepresentation, inconsistency, or inaccuracy. If owner finds any such inaccuracy or misleading information, owner has obligation to correct them immediately. If such inaccuracy or misrepresentation is of material, owner shall notify Simplybyowner.com by email or writing.
  
  Viewer or buyer shall independently verify the accuracy of the information in the online listing before making any offer or purchase decision.


• Intellectual Property Rights
  
  User or customer represent and warrant that user or customer have rights, licenses, consents, or permissions for any information, data, audio, radio, graphics, photos user or customer submit or upload into their listing or other places in our website. By using our website or services, user or customer grant Simplybyowner.com and its parent company an irrevocable, transferrable, royalty-free, and non-exclusive right and worldwide license to use, reproduce, modify, copy, publish, translate, display, and distribute such content, and to produce derivative works in connection with the promotion and marketing of Simplybyowner.com or its parent company, affiliates, or sister companies or for other business purposes.
  
  Simplybyowner.com and its parent company own all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to Simplybyowner.com. Except for any use that is consistent with Simplybyowner.com's business purpose by viewers or listing property owners, any other use of Simplybyowner.com materials including copy, distribution, reproduction, or modification, any form of data extraction, or any other commercial exploitation need get prior written permission from Simplybyowner.com.


• Disclaimer of Warranties
  
  To the fullest extent permitted by law, Simplybyowner.com and its parent company makes no representations or warranties of any kind, express or implied, regarding the content and information of the website, the use of the website, or the post and sign rental service or other services we provide herein in terms of its accuracy, adequacy, correctness, timelessness, completeness, reliability or otherwise. No warranty of any kind, whether implied, expressed, or statutory, including but not limited to the warranties of merchantability, fitness, computer virus, or other errors, the warranty of non-infringement of third party rights, and the warranty that the website and its services meet all user's requirements, is given by Simplybyowner.com and its parent company in conjunction with the website, the listing services, the post and sign rental services, and other related services.
  
  Simplybyowner.com and its parent company expressly disclaim liability for any errors, omissions, false, inconsistency, misleading, and/or inaccuracy of the information on the listing and on the website. Simplybyowner.com and its parent company assume no responsibility and shall not be liable for any damages to, or viruses that may infect your computer, printer, or other property on account of your access or browsing of our website or your uploading, watching, saving, downloading, printing of any materials, data, images, videos, or audio from our website. Your sole remedy is to discontinue using our website if you are not satisfied with our website.


• Limitation of Liability
  
  Once Simplybyowner.com's post and sign is installed on owner's property, owner shall take measure to ensure the safety of the post and sign while the sign is installed on owner's property. Simplybyowner.com nor its parent company do not take responsibility for any accidents, injuries, or damages involving the sign and post after installation. Simplybyowner.com nor its parent company do not take responsibility for injury or damage caused by anyone other than Simplybyowner.com personnel trying to install or remove the post, metal stake, and sign.
  
  Except as expressly provided in any particular terms, in no event shall Simplybyowner.com and its parent company, their directors, officers, employees, agents, suppliers, or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation any direct or indirect, incidental, or consequential damages, damages for lost profits, lost business, or any other losses or expenses arising out of or related to this website and its related rental or selling services, any information received from this Website, any email sent to any user from the website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure or downtime, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if Simplybyowner.com and its parent company, or their representatives thereof, are advised of the possibility of such losses, damages, or expenses. In no event shall Simplybyowner.com and its parent company, their directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the website be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any user or other person or entity on or through the website, or be liable for or in connection with any rental or selling services associated with this website.
  
  Simplybyowner.com and its parent company's total, aggregate liability arising out of or in connection with this website and its post and sign rental services or other services or information provided herein, regardless of the cause of action, will in no event exceed the total amount user has paid to Simplybyowner.com within one year period prior to the date the claim first arose.


• Indemnification
  
  Users or customers agree to indemnify, defend, and hold harmless Simplybyowner.com, its parents, subsidiaries, affiliates, and their respective officers, employees and agents from and against all claims, demands, suits, losses, costs, and expenses (including reasonable attorneys' fees and costs) made by thirty party arising out of or related to 1) users or customers' use of our website and/or the content contained therein; 2) users or customers' use of our listing services; 3) users or customers' use of our post and sign rental services or other services; 4) the text, graphics, video, radio, photos, links, or other materials users or customers post on or transmit to our website; 5) users or customers' violation or infringement of other person or entity's rights; 6) users or customers' violation of the Terms and Conditions or our policy; and 7) other violations or omission, negligence, or willful misconduct related to users or customers' using our website or services.


• Force Majeure
  
  Any delay or failure of performance by Simplybyowner.com to the services provided under our website shall not constitute a breach or default of the Agreement, or give rise to any claims for damages, if and to the extent that such delay or failure is caused by an occurrence beyond the control of the party affected, including, but not limited to, acts of governmental authorities, acts of God, the discovery of materially different site conditions, wars, riots, rebellions, sabotage, fire, explosions, accidents, floods, strikes, lockouts, or changes in laws, regulations, or ordinances.


• Severability
  
  Every section, term and provision of this Terms and Conditions is severable from the others. Any future determination by a court or other authority having jurisdiction over the parties or this Terms and Conditions that a particular section, term, or provision of this Terms and Conditions is invalid, void, illegal, or unenforceable shall not affect the validity and enforceability of the remaining sections, terms, or provisions.


• Governing Law
  
  The validity, performance and construction of this Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of Oregon. Any action in regard to this Terms and Conditions or arising out of its terms and conditions shall be instituted and litigated in the Court System of Washington County, Oregon, and no other.


• Arbitration
  
  User or owner agree that any dispute arising out of this Terms and Conditions or using of our website and services hereunder shall be resolved by binding arbitration conducted by American Arbitration Association's regional office located in or closest to Portland, OR. User or owner waive right to jury trial and agree that the arbitration award will be final and binding and that judgment will be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, any party may seek immediate judicial intervention to prevent any unauthorized use or disclosure of the confidential or proprietary information of the party (or those to whom it owes a duty of confidentiality) bringing any such action.

Simplybyowner.com 2/18/2010