ADVERTISER WEBSITE ACCESS AGREEMENT TERMS AND CONDITIONS
4 SaleByBuilder.com, LLC., a South Carolina Limited Liability Corporation having a principal place of business at 3056 Augusta Rd. Warrenville, SC 29851, provides the services offered on the 4SaleByBuilder.com Web site (the “Services”) to you, subject to and under the following Terms and Conditions (the “Terms” or the “Agreement”). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON 4SaleByBuilder.com, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. In these Terms, “Web site” refers to 4SaleByBuilder.com. “You” refers to users of 4SaleByBuilder.com including independent contractors posting property on this web site. “Customers” refers to users and advertisers who purchase any product or Service on 4SaleByBuilder.com, including without limitation posting their properties on the Web site. “Customers” also includes all independent contractors posting property on this web site. The words “we,” “us,” and “our” refer to 4SaleByBuilder.com, LLC, the owner and operator of this Web site. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.
1. Access and Registration. If you open an Account at 4SaleByBuilder.com, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access 4SaleByBuilder.com using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access 4SaleByBuilder.com using your name in whole or in part without our permission. If you believe someone has accessed 4SaleByBuilder.com using your user name and password without your authorization, e-mail us immediately at the address listed below.
You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees are nonrefundable. You are responsible for all fees and charges incurred to access 4SaleByBuilder.com through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive for a period of sixty (60) days.
2. Customer Posting, Password, and Security. Customers may create a user name (your e-mail) and password. In addition, Customers that post their properties on 4SaleByBuilder.com as sellers may be assigned a Posting number that operates as a user name. Customers are responsible for maintaining the confidentiality of their user names, Posting numbers, and passwords. You, as a Customer, are solely responsible for all activities that occur under your user name, Posting number, and password. As a Customer, you agree to immediately notify us of any unauthorized use of your user name, Posting number and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, POSTING NUMBER, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as Customer, agree that we may terminate your Account if it remains inactive for a period of sixty (60) days.
3. Customer Responsibilities. 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. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your Posting number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, NONCOMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the Web site and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on 4SaleByBuilder.com, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever. Other than providing links to virtual tours of your property, YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR POSTING. IF YOU VIOLATE OR FAIL TO COMPLY WITH THIS SECTION 3, YOU AGREE TO COMPENSATE 4SaleByBuilder.com, LLC. FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $15,000.00.
4. Customer Responsibilities Concerning Property Postings.
A. We Do Not Provide Real Estate Services to You. 4SaleByBuilder.com, Corp. or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or Customers; however, 4SaleByBuilder.com, LLC. does not itself engage in real estate broker services on your behalf. The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by 4SaleByBuilder.com.
B. How to Remove Your Posting/Cancel Your Ad Online. If your property sells, you should have your posting removed. To do so, you should contact your posting agent to have your posting removed or contact us at (706) 210-2828.
C. Purchases through an Affiliate Publisher or Third Party. Customers who gain access to the Services through a publisher that is affiliated with 4SaleByBuilder.com (“Affiliate Publisher”) or third party must contact the Affiliate Publisher or this party for assistance with the Web site or for billing inquiries. 4SaleByBuilder.com HAS NO OBLIGATION TO PROVIDE YOU CUSTOMER SERVICE OR ASSISTANCE IF YOUR ACCESS TO THE SERVICES IS THROUGH AN AFFILIATE PUBLISHER OR THIRD PARTY. YOUR ONLY RECOURSE FOR CUSTOMER SERVICE OR BILLING ISSUES IS TO CONTACT THE AFFILIATE PUBLISHER OR THIRD PARTY.
D. Use and Storage Guidelines. You understand, acknowledge, and agree that we may establish general practices and/or limits concerning the use of the Services, including without limitation the maximum number of days that information provided by you or account history and related data may be retained as part of the Services or maximum numbers of times or the maximum duration for which you may access the Services in a given period of time. IF YOU OBJECT TO ANY GENERAL PRACTICES OR LIMITS CONCERNING THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH GENERAL PRACTICES OR LIMITS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF THE SAME AND SATISFACTION WITH THE SERVICES SUBJECT TO SUCH GENERAL PRACTICES AND/OR LIMITS.
E. 4SaleByBuilder.com is not a licensed real estate broker. This is not a solicitation for a Posting broker if your property is already listed with a broker.
F. Additional Upgrades. From time to time, we may offer additional upgrades. Upgrades offered are subject to change, may be changed without notice and may be offered for a limited time. Upgrades will be offered in connection with various Services, and all such upgrades are subject to the terms and conditions set forth in this Section 4 unless otherwise specified on the Web site.
5. Refunds in General.
A. Technical Problems or Computer/Browser Requirements. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE WEB SITE (INCLUDING WITHOUT LIMITATION NOT BEING ABLE TO LOG IN TO YOUR ACCOUNT OR NOT BEING ABLE TO UPLOAD PHOTOS) THAT REMOVE YOUR PROPERTY POSTING, CHANGE YOUR PROPERTY POSTING, OR CAUSE YOUR PROPERTY POSTING NOT TO BE DISPLAYED. YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A FAILURE TO VIEW YOUR PROPERTY POSTING THAT IS DUE TO YOUR COMPUTER’S OR YOUR BROWSER’S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS OF 4SaleByBuilder.com. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE.
B. Yard Signs and Related Products. THERE ARE NO REFUNDS FOR YARD SIGNS OR OTHER PRODUCTS THAT ARE SENT TO YOU IN CONNECTION WITH A SERVICE PLAN.
C. No Refunds Based on Modifications to the Services. THERE ARE NO REFUNDS BASED ON MODIFICATIONS TO THE SERVICES, AS 4SaleByBuilder.com, LLC. RETAINS THE RIGHT TO MODIFY THE SERVICES WITH OR WITHOUT NOTICE TO YOU.
D. No Refunds for Services Provided through an Affiliate Publisher or Third Party. THERE ARE NO REFUNDS IF A USER GAINS ACCESS TO THE SERVICES THROUGH AN AFFILIATE PUBLISHER OR THIRD PARTY. UNDER THESE CIRCUMSTANCES, YOUR ONLY RECOURSE IS THROUGH THE AFFILIATE PUBLISHER OR THIRD PARTY.
6. Third-Party Services. Any dealings or communications you have through 4SaleByBuilder.com with any party other than 4SaleByBuilder.com are solely between you and that third party. For example, certain areas of 4SaleByBuilder.com may allow you to conduct transactions with third parties or purchase goods or services from third parties. YOU UNDERSTAND, ACKNOWLEGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL 4SaleByBuilder.com, LLC. HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be forwarded directly to the third party. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOU HAVE PURCHASED A SERVICE THROUGH A THIRD PARTY. Though some magazine publishers that are Affiliate Publishers may offer access to the Web site, these Affiliate Publishers are not owned by 4SaleByBuilder.com, LLC. and are not a part of 4SaleByBuilder.com, LLC. While some Postings from these Affiliate Publishers may appear on the Web site, ALL CUSTOMER SERVICE AND BILLING ISSUES MUST BE HANDLED THROUGH THE INDIVIDUAL AFFILIATE PUBLISHERS, NOT 4SaleByBuilder.com, LLC.
7. Consent to E-mail Communications from 4SaleByBuilder.com, Affiliates, and Third Parties. From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by 4SaleByBuilder.com, selected advertisers, affiliates, and related companies. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON 4SaleByBuilder.com, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM 4SaleByBuilder.com, ITS AFFILIATES, RELATED COMPANIES, AND ADVERTISERS. SOME ADVERTISERS MAY PREFER TO CONTACT YOU DIRECTLY, AND PURCHASING, USING, OR ENJOYING THE SERVICES ON 4SaleByBuilder.com, YOU EXPRESSLY CONSENT AND OPT-IN TO HAVING THIRD PARTY ADVERTISERS CONTACT YOU.
Information and Content. By providing information to,
communicating with, and/or placing material on, 4SaleByBuilder.com, including
for example communication during registration, communication on any
4SaleByBuilder.com bulletin board, message or chat area, posting any Posting or
other content (including without limitation written, graphical or video
content), you represent and warrant: (1) you own or otherwise have all necessary
rights to the content you provide and the rights to use it as provided in these
Terms of Service; (2) all information you provide is true, accurate, current and
complete, and does not violate these Terms of Service; (3) the content will not
cause injury to any person or entity; and (4) if you post a property Posting
that you are the owner of the property and have all necessary rights, title, and
interests in such property to list the property for sale. Using a name other
than your own legal name is prohibited (except in those specific areas of
4SaleByBuilder.com that specifically ask for unique, fictitious names, e.g.,
certain message boards and chat rooms).
For all such information and material, you grant 4SaleByBuilder.com, Corp., its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all affiliated Web sites, to include the information in a searchable format accessible by users of 4SaleByBuilder.com, other 4SaleByBuilder.com Web sites, as well as third-party web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant 4SaleByBuilder.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note 4SaleByBuilder.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to 4SaleByBuilder.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against 4SaleByBuilder.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Privacy of Information
Real Estate Licensees
Sellers who are licensed as an agent, broker, or other licensed real estate professional must ensure that their item description conforms to all laws and regulations applicable to online advertising of properties by such licensees. These requirements may include, among other things, disclosure of the licensee’s name, any firm with which the licensee is affiliated, office location, and the jurisdiction(s) where the licensee is licensed.
The purchase and sale of real estate is a complicated matter that is governed by laws, practices and customs that vary significantly from locality to locality. Sellers are advised that many jurisdictions require that you provide a disclosure statement to all prospective buyers regarding the condition of your property. In addition, under U.S. federal law, sellers have an obligation to disclose information on lead-based paint hazards. Members are strongly advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and sale of any real estate.
4SaleByBuilder.com’s Role as a Venue Provider / Brokerage Relationship (Agency) Disclosure
The role of 4SaleBy Builder.com in the sale of properties is limited to publishing advertising provided by sellers and providing a venue for communications about a property. 4SaleByBuilder.com is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties or providing a “multiple listing service” as that term is traditionally used. 4SaleByBuilder.com does not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with the 4SaleByBuilder.com website. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between 4SaleByBuilder.com and any seller or buyer of real estate. 4SaleByBuilder.com makes no representations about properties advertised on 4SaleByBuilder.com, about the sellers of such properties, about the accuracy of information provided by such sellers, or about the financial capabilities of prospective buyers. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and, as emphasized above, all parties are encouraged to seek the help of a licensed real estate professional and real estate attorney.
9. Termination. You understand, acknowledge, and agree that we, in our sole discretion, may terminate your account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
10. Disclaimers and
Limitation of Liability. While 4SaleByBuilder.com, LLC. uses
reasonable efforts to include accurate and up-to-date information, we make no
warranties or representations as to the accuracy of the data or information
available on the Web site and assume no liability or responsibility for any
error or omission in the such data or information. 4SaleByBuilder.com, LLC. DOES NOT REPRESENT OR
WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD
PARTIES. 4SaleByBuilder.com, LLC. has no responsibility for
actions of third parties or for information provided or posted by
USE OF 4SaleByBuilder.com IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER 4SaleByBuilder.com, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING 4SaleByBuilder.com AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH 4SaleByBuilder.com; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING 4SaleByBuilder.com OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES 4SaleByBuilder.com WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. 4SaleByBuilder.com, LLC. AND ITS AFFILIATES AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law.
4SaleByBuilder.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. 4SaleByBuilder.com DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH 4SaleByBuilder.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL 4SaleByBuilder.com, LLC. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 4SaleByBuilder.com, LLC. OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL 4SaleByBuilder.com, LLC. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF SIXTY (60) DAYS.
11. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, 4SaleByBuilder.com, LLC., ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, MEMBERS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF 4SaleByBuilder.com; (2) 4SaleByBuilder.com'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.
12. Dispute Resolution. Any claim or controversy arising out of or relating to these Terms, to the goods or Services provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with these Terms, including but not limited to any claim or controversy made by a Customer ("Dispute"), shall be finally, and exclusively, settled by arbitration in Aiken, South Carolina. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by 4SaleByBuilder.com, LLC. from AAA’s pool of arbitrators. In any arbitration, 4SaleByBuilder.com, LLC. will pay the filing fee, plus the costs associated with the arbitrator for the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Aiken, South Carolina. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. Moreover, the arbitrator must abide by all these Terms and shall not have the power to reform or alter these Terms. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THE TERMS AND THIS AGREEMENT PROVIDE THAT ALL DISPUTES BETWEEN YOU AND 4SaleByBuilder.com, LLC. WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY.
13. Limitations Period. YOU AGREE THAT ANY CLAIM, CONTROVERSY, OR DISPUTE WITH 4SaleByBuilder.com, LLC. OR ITS AFFILIATES OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.
14. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the Web site, you will be governed by the Terms then present on the Web site and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES 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 Services, you will be governed by additional terms which will appear when accessing such Services. 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 Services.
15. Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the “look and feel” of the Web site, changes to the format of a property Posting or any other part of the Web site, and the inclusion of advertising links in association with a property Posting or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
17. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions.
18. Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and 4SaleByBuilder.com, LLC. with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of 4SaleByBuilder.com, LLC. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to 4SaleByBuilder.com, LLC, any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
19. Services Provided by Third Parties. We are not responsible or liable for any products or services obtained by or through any other party. The materials displayed on this site relating to services provided by any other party are advertisements and do not constitute an offer or promise to make a loan or provide any other service by us. There is no endorsement by us of any other party or the products and services made available by or through any other web site.
20. Use of E-mail System. By using our e-mail system to contact 4SaleByBuilder.com Customers, you are agreeing to these Terms, including, without limitation, this Section 20. You agree to use the e-mail system only to contact Customers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on 4SaleByBuilder.com. In no event may you contact a customer of 4SaleByBuilder.com using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Customer. IF YOU VIOLATE THIS SECTION 20, YOU AGREE TO COMPENSATE 4SaleByBuilder.com, LLC. FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $1,000 PER OCCURRENCE.