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Terms of Use

 

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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