Welcome to the
VirtualFSBO.com web site (the
"Web Site"). The goals of the Web Site include providing consumers with
access to residential real estate listings, real estate related
information, and information about Soper Enterprises, LLC (the
"Company"). To insure a safe, non-offensive environment for all visitors
to the Web Site, we have established these "Terms of Use". By accessing
any areas of the Web Site, you agree to be bound by the terms and
conditions set forth below.
If you do not agree to all of the Terms of Use, please do not use
this Web Site.
1. PRIVACY - Information about you is subject to our Privacy
Policy. For more information, please review our full Privacy Policy
which can be viewed HERE.
2. LINKS - For your convenience, the Web Site may contain
content, information and services from third parties, and links to third
party web sites, or may redirect you to third party web sites that may
be of interest to you these are collectively referred to as "Third Party
Content and Services". Third Party Content and Services are not under
the control of the Company, and the Company is not responsible for such
content (including the accuracy or reliability of any such content,
data, opinions, or advice), services or third party web sites, including
without limitation any link contained in such content, or any changes or
updates to such content, services or third party web sites. The Company
is providing the Third Party Content and Services to you only as a
convenience, and the inclusion or access to Third Party Content and
Services does not imply an endorsement by the Company of such content or
services, of the provider of such content or services, or any third
party web site. The Company's Privacy Policy is applicable only when
you are on the Web Site. You may be subject to additional and/or
different terms, conditions, and privacy policies when you access or use
Third Party Content and Services. If you link to, or are redirected to
a third party web site, you should read that web site’s privacy policy
before disclosing any personal information. The Company reserves the
right to terminate any link or linking program at any time. The Company
cannot and does not guarantee the accuracy, sufficiency, correctness,
veracity, completeness, or timeliness of Third Party Content and
Services. You are responsible for confirming the sufficiency and
reliability of any Third Party Content and Services.
3. APPLICABLE LAW - The Web Site is controlled by the Company
from its offices within the city of [Oklahoma City], the state of
Oklahoma, U.S.A. As such, the laws of the State of Oklahoma, U.S.A.,
will govern these Terms of Use, excluding any principles or rules of law
that may direct the application of the law of another state. You hereby
irrevocably and unconditionally consent to submit to the exclusive
jurisdiction of the courts of the State of Oklahoma, U.S.A., for any
litigation surrounding, arising from or related to your use of the Web
Site and/or the services offered by the Company, waive any objection to
the venue of any such litigation in the Oklahoma courts, agree not to
plead or claim in any Oklahoma court that such litigation brought
therein has been brought in an inconvenient forum. Likewise, you agree
unconditionally to waive the right to a jury trial in any such
litigation. Use of the Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms of Use,
including without limitation, this paragraph.
4. COPYRIGHT NOTICE - The materials provided through the Web
Site including, but not limited to, all information, text, messages,
images, photos, illustrations, designs, icons, files, trademarks,
copyrighted material, specifications, catalogs, literature, technical
information, advertisements, and other content or materials on the Web
Site, as well as the organization and layout of the Web Site, may be
copyrighted and protected by United States and international copyright
laws and treaty provisions. You may access, download and print
materials on the Web Site solely for your personal and non-commercial
use, however, any print out of the Web Site, or portions of the Web
Site, must include the copyright notice of any owner of such materials.
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, frame in another web site, use on any
other web site, transfer or sell any information obtained from this Web
Site. 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. Any trademarks and/or service
marks used or displayed on the Web Site are either trademarks or service
marks or registered trademarks or service marks of the Company or a
third party. None of these trademarks or service marks may be used in
any way without receiving the prior express written permission of the
owner of the trademark or the service mark.
You agree that you will not use the Web Site in any manner that could
damage, disable, overburden, or impair the Web Site or interfere with
any other party's use and enjoyment of the Web Site.
You agree that the Company may, in its sole discretion and at any time,
terminate your access to and use of the Web Site, or any part thereof,
with or without notice.
5. TRANSMIT - If you post, upload, submit or otherwise
transmit any content on or through the Web Site, you agree to provide
true, accurate and complete information and to refrain from
impersonating any person or entity and from falsely representing your
affiliation with any person or entity.
6. DISCLAIMER –
A. Content provided by Third Parties
When replying to classified real estate listings you are contacting an
individual(s) or organization(s) that have placed a classified ad and is
not affiliated with nor endorsed by this Web Site or the Company. The
information displayed in these classified ads is provided by the
individual(s) or non-related organization(s) and not by the Company.
The Company has no control over the business practices of these
individuals or organizations. The Company is not liable for any
dealings between you and any individual(s) or organization listed in
these classified ads. The Company makes no warranty or guarantee as to
the validity, pricing, ownership, details or any other information
displayed in these ads. The Company accepts no responsibility for any
transaction between you and any other individual(s) or organization who
has placed an ad on this site. The Company will not be liable for any
delays, inaccuracies, errors or omissions in any such ad, or in the
transmission or delivery of all or any part thereof, or for any damages
arising therefrom. The Company has no control over and does not
guarantee the quality, safety, legality, truth or accuracy of these ads,
the ability to sell the property or that any individual(s) or
organization(s) represented will actually complete a transaction. These
classified ads are provided as a service to the public. You are
contacting the individual or organization who placed the classified ad
at your own risk.
B. Content provided by this Website
YOUR USE OF AND RELIANCE UPON THE CONTENT, INFORMATION OR SERVICES
PROVIDED THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND “AS
AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY,
CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH
CONTENT, INFORMATION OR SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ALL
SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF
THE CONTENT, INFORMATION, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS
PROVIDED THROUGH THE WEB SITE. THE COMPANY MAY MAKE CHANGES TO THIS WEB
SITE AT ANY TIME WITHOUT NOTICE. WHILE THE COMPANY STRIVES TO KEEP THE
INFORMATION ON THIS WEB SITE ACCURATE AND CURRENT, THE COMPANY CANNOT
GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION.
INFORMATION WITHIN THE WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. THE COMPANY RESERVES THE RIGHT (BUT NOT THE
OBLIGATION) TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE
INFORMATION CONTAINED WITHIN THIS WEB SITE AT ANY TIME, AND WITHOUT
NOTICE.
ANY FILES, PROGRAMS OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
7. LIMITATION OF LIABILITY - IN NO EVENT SHALL THE COMPANY BE
LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR
INDIRECTLY BY ANY ERRORS OR OMISSIONS OR BY THE USE OR RELIANCE UPON
SUCH CONTENT, INFORMATION OR SERVICES, USE OR PERFORMANCE OF THE WEB
SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR THE USE, EXISTENCE OR RELIANCE UPON ANY
CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH THE WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
WEB SITE OR RELATED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND
RELATED SERVICES.
8. INDEMNIFICATION - You agree to indemnify and hold the
company, its affiliates, officers and employees, and all third parties
that provide content, information or services through the web site,
harmless from any and all claims and demands, including, but not limited
to reasonable attorneys' fees, made by any third party due to or arising
out of your use of the web site.
9. TERMINATION - You agree that The Company may in its sole
discretion and at any time terminate your access to and use of the Web
Site, or any part thereof, with or without notice.
10. UPDATES - The Company reserves the right to make changes
to the Web Site and these Terms of Use, at any time, and may revise
these Terms of Use at any time by updating this posting. You should
visit this page from time to time to review the then-current Terms of
Use 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 of Use as changed. If any change is unacceptable to
you, your only recourse is to discontinue using the Web Site and related
services.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE
COMPANY. |
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