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Terms of Use

Welcome to fsbitools.com's web site (the "Web Site"). This Web Site is to provide you with access to a network of residential real estate and commercial products, services, and related links to meet your needs (the "Products"). Please read our Terms and Conditions (the "Terms") carefully before continuing using this Web Site. The Terms below shall govern the use of the Web Site, the Products provided, and the Terms apply to all Internet traffic visiting the Web Site.

By accessing any area of the Web Site, you expressly agree to be bound by the Terms set forth below and it is understood that you have read and agreed to the Terms below. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE THIS WEB SITE.

As used on this Web Site, the words "FSBI", "we", "us" or "our" refer to FSBI, LLC and/or For Sale By Investor, LLC. The word "you" refers to all users of this Web Site. The word "Sellers" refers to users who advertise their residential and commercial real estate on this Web Site.

USAGE LIMITED TO REAL PROPERTY

The web site is to be solely for the advertising of real property by or on behalf of the owners (investors) of the property. As used on the web site and in these Terms, "investor" refers solely to the owner(s) of real property and does not refer to holders of "securities". THE OFFER OR SALE, OR SOLICITATION OF OFFERS TO BUY, ANY "SECURITY" (AS DEFINED IN THE SECURITIES ACT OF 1933, AS AMENDED OR ANY STATE SECURITIES OR BLUE SKY LAW) ON THIS WEB SITE IS STRICTLY PROHIBITED. Interests in corporations or LLCs are generally securities as are certain undivided interests in real property or notes. It is your obligation to determine that you are not advertising a security before buying our Products or advertising on our web site. For interests other than undivided fee simple ownership, this determination may be complex and you should consult with your own legal advisors before proceeding.

UPDATES TO TERMS AND PRODUCTS

FSBI reserves the right to make changes to the Web Site and these Terms and the Products provided by and through FSBI and this Web Site at any time. FSBI may revise these Terms without notice at any time by updating this posting. Each time you access the Web Site you will be governed by the Terms then in effect. You should visit this page from time to time to review the then-current Terms because they are binding on you. Your use of this Web Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Web Site and the Products. Continued use of the Products following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. In addition, when using particular portions of the Products, you will be governed by additional terms, which will appear when accessing such Products. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Products.

PRIVACY

When you register with FSBI, you will be required to provide certain personal and payment information to FSBI. Your registration data and other personal information about you are subject to disclosure as required by law. Disclosure of registration data and personal information may also be required as outlined in our Privacy Policy. For more information, please review our full Privacy Policy, which can be found by clicking on Privacy Policy.

ADVERTISING, PASSWORD, AND SECURITY

You will be assigned an internet password and account number (collectively "Password") to access your account and advertising. The Password that is used to gain access to your account and advertising should be kept confidential at all times. You are responsible for keeping your Password and other account data confidential. Notify FSBI at once if you believe another person has improperly obtained your Password or if you suspect any fraudulent activity on your account.

FSBI CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. FSBI DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FSBI HAS NO EDITORIAL CONTROL OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICE BY AND THROUGH THIS WEB SITE. FSBI DOES NOT ENDORSE NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE ON THIS WEB SITE BY SELLERS OR THIRD PARTIES.

NEITHER FSBI, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. BY POSTING, INPUTTING OR OTHERWISE SUBMITTING INFORMATION TO OUR WEB SITE, YOU ARE REPRESENTING YOU ARE THE RIGHTFUL OWNER OF SUCH INFORMATION AND ARE GRANTING US THE RIGHT, LICENSE AND PRIVILEGE TO USE SUCH INFORMATION OR DATA IN ANY WAY WE DEEM APPROPRIATE. WE HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR AND REVIEW THECONTENT ON THIS WEB SITE AND PROVIDED THROUGH USE OF THE PRODUCTS 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 AND ACKNOWLEDGE THAT WE DO NOT PRE-SCREEN OR MONITOR CONTENT FOR ACCURACY OR RELIABILITY, BUT THAT WE AND OUR DESIGNEES SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN OUR SOLE DISCRETION TO REMOVE ANY CONTENT FROM THE PRODUCTS, WITHOUT LIABILITY TO YOU FOR ANY REASON. WITHOUT LIMITING THE FOREGOING, WE AND OUR DESIGNEES SHALL HAVE THE RIGHT TO REMOVE ANY CONTENT THAT VIOLATES THE TERMS, THAT WE BELIEVE MAY CREATE LIABILITY FOR US, OR THAT WE DEEM OTHERWISE OBJECTIONABLE. FSBI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT FSBI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER FSBI, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FSBI AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FSBI IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, FSBI'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FSBI and the Providers, their respective their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Products.

COPYRIGHT NOTICE

The materials on this Web Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this web site solely for your personal and non-commercial use, however, any print out of this Web Site, or portions of the Web Site, must include FSBI's copyright notice. No right, title or interest in any of the materials contained on this Web Site is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another Web Site, use on any other Web Site, transfer or sell any information obtained from this Web Site, without written permission from FSBI. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information.

TRADEMARKS

FOR SALE BY INVESTOR, LLC, FSBI, and all graphics and logo designs of FSBI with a house and its colors are among the registered service and trade marks of FSBI and these marks may not be used in any way.

LINKS

FSBI may provide links to various other web sites for convenience and information purposes only. FSBI does not control such web sites, and FSBI is not responsible for their content nor is FSBI responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such web sites. Furthermore, FSBI's Privacy Policy is applicable only when you are on our Web Site. Once you link to another web site, you should read that site's privacy policy before disclosing any personal information. If you decide to access any of the third party sites linked to this Web Site, you do so at your own risk. FSBI reserves the right to terminate any link or linking program at any time.

NO SPAM

Spam is not permitted. You are expressly prohibited from using FSBI, its Web Site, information and or Products to promote your own Web site or any business, product or service through the sending of unsolicited email. FSBI has the right to investigate and terminate your rights under this Agreement.

NO RESALE OF SERVICE

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

ENTIRE AGREEMENTThe provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between FSBI, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

SEVERABILITY

If any provision of these Terms and or Products shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions and the remaining provisions shall be enforced to the fullest extent possible by law.

FSBI RETURN POLICY
FSBI will issue a full refund for Membership and Service Packages within seven (7) days of purchase date. Please note that all notices and requests for returns and refunds to FSBI must include either the original receipt or proof of purchase. Written notices must be mailed certified mail return receipt requested or faxed to:

FSBI, LLC
66 Exchange Place
Salt Lake City, UT 84111
FAX: (801) 401-7289

If after the initial seven (7) day period commencing from the date of purchase you have problems with your webpage, webphotos, or delivery of your signs or materials AND FSBI CANNOT RESOLVE THE PROBLEMS WITH YOUR WEBPAGE, WEBPHOTOS, OR DELIVERY OF YOUR SIGNS OR MATERIALS WITHIN THREE BUSINESS DAYS AFTER YOUR HAVE NOTIFIED FSBI IN WRITING OF YOUR PROBLEMS, FSBI will issue a full refund for Membership and Service Package. Please note that all notices and requests for returns and refunds to FSBI must include either the original receipt or proof of purchase. Written notices must be mailed certified mail return receipt requested or faxed to the address or fax number listed above.

FSBI WILL NOT MAKE ANY REFUND UNDER THE FOLLOWING CIRCUMSTANCES:
  1. If you provided incomplete, incorrect, or fraudulent information for the purposes of creating your Membership or Service package;
  2. If you fail to maintain and update your contact information (name, address, phone number, email address) and web information with FSBI;
  3. If you fail to comply with any Term and Condition of FSBI, its website, and its Membership or Service Packages;
  4. If you are not the valid owner of the real estate that is displayed through FSBI or its webpages. FSBI reserves the right to review title documentation prior to issuing a refund.

FSBI is not responsible in whole or in part for any monetary loss that you may experience from the time you notify FSBI in writing that you want a refund during the initial seven (7) day period or if after the initial seven (7) day period from the time you experience problems with your webpage, webphotos, or delivery of your signs or materials and the time you notify FSBI in writing plus the time FSBI works to resolve your problem or FSBI issues you a refund.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FSBI.
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