This agreement ("Agreement") is between IOC® Realty Specialist, Inc. a Nebraska Corporation, hereinafter, called ("IOC®", "The Company" "BusinessCardWebPage.com", "RPSrealestate.com", "ForSaleByOwnerToday.com", "4SaleByOwner2.com", "ForSaleByUs.com") and/or any other Internet Name(s) owned or controled by the "The Company" and the "User", hereinafter called, ("you" "user" or "Customer") using "The Company"'s services and marketing devices or any related products or services such as marketing "Signs", Video(s) "Device", "Equipment" or "Web Sites" used in conjunction with the "Service") now or in the future. By activating the service, you acknowledge that you have read and understood, and you agree, to the terms, conditions and privacy policy of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

Service is offered on a FREE (60 Days), FREE (60 Days) (+) plus payed for ADDITIONAL (180 Days) or PURCHASE LISTING FOR (360 Days) basis term which begins on the date that forsalebyownertoday.com activates your Service and ends on the day before the same date in the following year. Your credit card will be charged a service fee for the above said term.

Subsequent terms of this Agreement will not automatically renew on any basis without further action by you unless you provide forsalebyownertoday.com written notice via fax of non-renewal at least ten [10] days before the end of the above mentioned term in which the notice is given.

You are purchasing the Service for the full above mentioned terms, meaning that if you attempt to terminate Service prior to the end of a said term, you will be responsible for the full charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

If you have subscribed to forsalebyownertoday.com 's services, the Service and Device (signs) are made available to purchase as an end-user. This means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from forsalebyownertoday.com in advance. forsalebyownertoday.com reserves the right to immediately terminate or modify the Service, if forsalebyownertoday.com determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.

You agree to use the Service and/or Device(s) only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in forsalebyownertoday.com 's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. forsalebyownertoday.com reserves the right to terminate your service immediately and without advance notice if forsalebyownertoday.com , in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Forsalebyownertoday.com against any and all liability for any such use that fails to comply with this Section 1.3.1. If Forsalebyownertoday.com , in its sole discretion believes that you have violated the above restrictions, Forsalebyownertoday.com may forward the objectionable material, as well as your communications with Forsalebyownertoday.com and your personally identifiable information to the appropriate authorities for investigation and prosecution.

While we encourage use of the Service within the United States to other countries you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.

You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to above said Service.

The Service and Signs and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Forsalebyownertoday.com 's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Forsalebyownertoday.com are and shall remain the exclusive property of Forsalebyownertoday.com and nothing in this Agreement shall grant you the right to right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by Forsalebyownertoday.com , which forsalebyownertoday.com reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Forsalebyownertoday.com against any and all liability arising out of your use of such interface device with the Service.

You agree to notify Forsalebyownertoday.com immediately, in writing or by calling the Forsalebyownertoday.com customer support line or contact us (e-mail), if their is any or if you become aware at any time that your Service is being fraudulently used or misused. When you call or write, you must provide your account number and a detailed description of the circumstances of the Missuse or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service during any misuse from you and any and all stolen Service or fraudulent use of the Service.

The Sales Signs may be returned to Forsalebyownertoday.com within thirty (30) days "AFTER A SALE" provided: (i) Customer retained proof of purchase and original packaging and (ii) contents are undamaged and in original condition and (iii) and all documentation and packaging materials are returned.  If Customer receives cartons and/or Sales Signs that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy.  Keep the original carton, all packing materials and parts intact and contact Forsalebyownertoday.com 's customer care department immediately.  Warranty coverage varies depending on the type of Sales Signs that Customer chooses.  Please refer to the Forsalebyownertoday.com warranty materials included in the packaging of your Sales Signs. 

You acknowledge and understand that the Service is not a Realtor service.

You acknowledge and understand that the Service does NOT or is NOT supported any Realtor MLS services.

You acknowledge and understand that if the webpage/internet does not function in the event of a power failure.  Should there be an interruption in the power supply, the Service will not function until power is restored.  A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.

You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service.  Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement. 

You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to contact service personnel, as set forth in this document.  You agree to defend, indemnify, and hold harmless Forsalebyownertoday.com , its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including and/or inability of Customer or any third person or party or user of Customer's Service to be able to access service personnel.

Forsalebyownertoday.com may change the terms and conditions of this Agreement from time to time.  Notices will be considered given and effective on the date posted. Agreement posted supersedes all previously agreed to electronic and written Terms of Service.

You must provide a valid credit card number when the Service is activated.  If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Forsalebyownertoday.com at once.  We will bill all charges monthly to your credit card, including but not limited to: subscription fees, equipment purchases and shipping and handling charges.   

Forsalebyownertoday.com only accepts payments by credit card.  Your initial use of the Service authorizes Forsalebyownertoday.com to charge the credit card account number on file for the Forsalebyownertoday.com , the Listing, Showing fee or Forsalebyownertoday.com signs and any shipping and handling and any applicable taxes.

Your authorization to Forsalebyownertoday.com will remain valid until 30 days after Forsalebyownertoday.com receives your written notice terminating Forsalebyownertoday.com 's authority to charge your credit card.  Forsalebyownertoday.com may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Forsalebyownertoday.com is declined or reversed or in case of any other non-payment of account charges.  Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to Forsalebyownertoday.com for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by Forsalebyownertoday.com owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.

Forsalebyownertoday.com reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion.  If Forsalebyownertoday.com discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final charges.  If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Signs (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full charges to the end of the current term, including without limitation unbilled charges all of which immediately become due and payable.

The Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device.  Such amounts are in addition to payment for the Service or Devices and will be billed to your account.  If Customer is exempt from payment of such taxes, it will provide Forsalebyownertoday.com with an original government-issued certificate attesting to tax-exempt status.  Tax exemption will only apply from and after the date Forsalebyownertoday.com receives the Tax Exempt Document.

Upon expiration of the 60-day FREE or any extension period, a disconnection fee of two (60 days) subscription will be charged if the subscriber discontinues prior to the holding period.

A customer may not transfer ownership of the Free time period or any payed time period.  The customer must inform Forsalebyownertoday.com .

Other  

Other

Forsalebyownertoday.com shall not be liable for any delay or failure to provide the Service, including, at any time or from time to time, or any interruption or degradation of quality that is caused by any of the following:

In no event shall Forsalebyownertoday.com , its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service.  The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Forsalebyownertoday.com was informed of the likelihood of any particular type of damages.

Customer agrees to defend, indemnify, and hold harmless Forsalebyownertoday.com , its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, or the Signs.  This paragraph shall survive termination of this Agreement.

Forsalebyownertoday.com makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Forsalebyownertoday.com does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information.  Neither Forsalebyownertoday.com nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to Forsalebyownertoday.com 's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Forsalebyownertoday.com 's or its service provider's or vendors' negligence.  Statements and descriptions concerning the Service or Device, if any, by Forsalebyownertoday.com or forsalebyownertoday.com 's agents or installers are informational and are not given as a warranty of any kind.

If Customer purchased Signs new from Forsalebyownertoday.com and the Signs included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties.  If Customer's Signs or services did not include a limited warranty from Forsalebyownertoday.com at the time of purchase, Customer agrees that it accepts its S "as is" and that Customer is not entitled to replacement or refund in the event of any defect of Signs or services. 

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

The Customer is liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Signs or Services.   You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Forsalebyownertoday.com reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if Forsalebyownertoday.com determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Forsalebyownertoday.com 's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Forsalebyownertoday.com 's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content.  You will indemnify and hold Forsalebyownertoday.com against any and all liability arising from the content transmitted by or to you or to Users using the Services.  A "User" means any person, whether authorized or unauthorized, using the Service and/or Signs provided to you.

Any dispute or claim between Customer and Forsalebyownertoday.com arising out of or relating to the Signs or Services provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages.  Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.  All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration.  Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

The Agreement and the relationship between you and Forsalebyownertoday.com shall be governed by the laws of the state of California without regard to its conflict of law provisions.  You and Forsalebyownertoday.com agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Nebraska.  The failure of Forsalebyownertoday.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.  If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Signs or Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This Agreement and the rates for Services found on Forsalebyownertoday.com 's website constitute the entire agreement between you and Forsalebyownertoday.com and govern your use of the Signs or Services, superseding any prior agreements between you and Forsalebyownertoday.com and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.  No amendment to this Agreement shall be binding upon Forsalebyownertoday.com unless and until posted in accordance with Section 3 hereof.

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

Forsalebyownertoday.com Signs or Services utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications.  Forsalebyownertoday.com is not liable for any lack of terms which may be experienced with regard to the Signs or Services.  Please refer to our terms Policy at www.forsalebyownertoday.com .us for additional information. 

Notice to Customer of any changes to the "Terms of Service" shall be considered given by posting to the homepage of the Forsalebyownertoday.com Web Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the Forsalebyownertoday.com Web Site and no further notice by Forsalebyownertoday.com is required. Prices are subject to change without prior notice.

Signs provided with Forsalebyownertoday.com service in the United States from Forsalebyownertoday.com carry a 30 day limited warranty. Within the first 30 days, upon customer request and if the original Forsalebyownertoday.com -provided Sign(s) malfunctions, a new Sign(s) will be sent to the customer and the customer shall be billed for that new Forsalebyownertoday.com Signs. Upon return of the original Sign(s) and after the Sign(s) have been examined to ensure the Sign(s) were not broken, the customer shall be refunded the cost of the new Sign. After the initial 30 days, customers will not receive a refund for any replacements.