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PRIVACY POLICY/ TERMS OF SERVICE (D07)

We have developed these Terms of Service to govern your use of 4SaleByBuilder.com. Your use of our site tells us you have read and agreed to the Terms of Service and to our Privacy Policy. Please read this document and all referenced documents carefully. If you do not agree with any of these terms, please exit 4SaleByBuilder.com. “You” refers to all users of 4SaleByBuilder.com. “Sellers” refers to users who post their properties on 4SaleByBuilder.com. The words “we,” “us,” and “our” refer to 4SaleByBuilder.com, LLC, a South Carolina Limited Liability Corporation having a registered office of business at 3056 Augusta Rd. Warrenville, SC 29851, and the owner and operator of this Web site. “Web Site” refers to www.4SaleByBuilder.com. By using this Web Site, you agree that 4SaleByBuilder.com may terminate your user access to the Services, and your Account, if applicable, and remove and discard any content posted by you or on your behalf on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms. These Terms apply to all users of this Web Site.

Purpose of Web Site: Restrictions on Use. The purpose of this Web Site is solely to assist Builders and any other persons or professional entities approved by us, in selling homes they have built or have under construction. We consider such use of the Web Site to be a personal use, in contrast to a commercial use. We define “commercial use” to mean use for the purpose of advancing business interests. You may not use this Web Site or its Content for any commercial purpose whatsoever, including without limitation as a lead generation source for your business. This means that you may not use this Web Site to do any of the following: collect, harvest or store personal data about other users including email addresses, or contact Sellers for any purpose other than responding to the content posted by such Sellers.

Copyright; Restrictions on Use. All information, content, services and software displayed on, transmitted through, or used in connection with this Web Site, including for example home listings, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by 4SaleByBuilder.com, and any affiliated companies. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to 4SaleByBuilder.com, you must get permission from 4SaleByBuilder.com and you further agree to cease such link upon request from 4SaleByBuilder.com. No other use is permitted without prior written permission of 4SaleByBuilder.com. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.

You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without express, written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through 4SaleByBuilder.com, not to insert any code or product or manipulate the Content of 4SaleByBuilder.com in any way that affects the user's experience, and not to use any data mining, robots, data gathering or extraction method in connection with the Web Site. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.

User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, 4SaleByBuilder.com 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 stating that you are the owner of the property and have all necessary rights, title, and interests in such property to post 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).

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. If 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.

Specifics about Interactive Areas and Posting Rules. 4SaleByBuilder.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. We reserve the right to remove any Content posted on our site at any time for any reason. Decisions as to whether content, including email messages to Sellers, violates any Posting Rule will be made by 4SaleByBuilder.com in its discretion after we have actual notice of such posting. All communications on the Web Site are logged and any user who sends any solicitation or fraudulent message to Sellers may have their IP address or email address blocked, or their Membership ID and password, and listings ID and password cancelled. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using 4SaleByBuilder.com, you agree not to post material that:

contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature; is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community; violates any right of 4SaleByBuilder.com or any third party; discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance; unfairly interferes with any third party's uninterrupted use of 4SaleByBuilder.com; advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; uploads copyrighted or other proprietary material of any kind on 4SaleByBuilder.com without the express permission of the owner of that material; uses or attempts to use another's ID, password, service or system except as expressly permitted by the Terms of Service; uploads or transmits viruses or other harmful, disruptive or destructive code or files; disrupts, interferes with, or otherwise harms or violates the security of 4SaleByBuilder.com, or any services, system resources, IDs, passwords, servers or networks connected to or accessible through 4SaleByBuilder.com or affiliated or linked sites; misrepresents your affiliation with a person or entity, including impersonating any other person or entity; and "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

Communications with Third Parties through 4SaleByBuilder.com and Links to Third-Party Web Sites. Your dealings or communications 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. Under no circumstances will 4SaleByBuilder.com be liable for any goods, services, resources or content available through such third party dealings or communications, 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 provided by third parties should be forwarded directly to the third party.

During your visit to 4SaleByBuilder.com you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. 4SaleByBuilder.com is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.

General Disclaimer and Limitations of Liability. While 4SaleByBuilder.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. 4SaleByBuilder.com does not represent or warrant that use of any Content will not infringe rights of third parties. 4SaleByBuilder.com has no responsibility for actions of third parties or for Content provided or posted by others.

USE OF 4SaleByBuilder.com IS AT YOUR OWN RISK. ALL CONTENT IS 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 OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH 4SaleByBuilder.com, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF OR SUCH CONTENT OR 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 MEET YOUR REQUIREMENTS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE SERVICES, ARE SPECIFICALLY DISCLAIMED. 4SaleByBuilder.com AND ITS AFFILIATES 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.

4SaleByBuilder.com MAY CONTAIN 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 THE 4SaleByBuilder.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL 4SaleByBuilder.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 4SaleByBuilder.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, 4SaleByBuilder.com, ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, 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 ID OR ON YOUR BEHALF, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.

International Users. 4SaleByBuilder.com is controlled, operated and administered by 4SaleByBuilder.com from its office within the United States. 4SaleByBuilder.com makes no representation that materials or Content available through 4SaleByBuilder.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use 4SaleByBuilder.com or export the Content in violation of U.S. export laws and regulations. If you access 4SaleByBuilder.com from a location outside the United States, you are responsible for compliance with all applicable laws.

Miscellaneous. 4SaleByBuilder.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of 4SaleByBuilder.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.

4SaleByBuilder.com may modify, suspend, discontinue or restrict the use of any portion of 4SaleByBuilder.com, including the availability of any portion of the Content at any time, without notice or liability. 4SaleByBuilder.com may deny access to any person or user at any time for any reason.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to 4SaleByBuilder.com must be filed in a federal or state court located in Georgia, within one year of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. 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 to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. 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 Content, the license(s) you have granted to 4SaleByBuilder.com, and all other provisions for which survival is equitable or appropriate.

In the case of a conflict between these terms and the terms of any electronic or machine-readable statement or policy, these Terms of Service and Privacy Policy shall control.

4SaleByBuilder.com strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. Please note this policy applies only to information collected by 4SaleByBuilder.com online and does not affect information collected or used by 4SaleByBuilder.com or its affiliates through other means.

Changes to this policy.

4SaleByBuilder.com reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Governing law.

Georgia law governs this policy, the use of this Web site, and the Terms of Service. Any claim related to the Site or this policy shall be brought in a federal or state court in Georgia, within one year after the claim arises. You agree no such claim may be brought as a class action. Users of 4SaleByBuilder.com consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this policy. 4SaleByBuilder.com is controlled, operated and administered entirely within the United States. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. You hereby consent to this transfer.

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