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Terms of Use/Advertising Agreement

TERMS OF USE (ADVERTISING AGREEMENT): I agree to the following terms: SpecialFinds.com is neither a seller of real estate, nor an agent for property owners. SpecialFinds.com offers paid advertising and editorial content for/about unique and unusual homes, vacant land and properties to the general public. The information I provide about my home or the property I am representing for a seller, is accurate and truthful. There are no undisclosed problems or issues at the time of this agreement. Should there come to be problems or issues I will immediately notify SpecialFinds.com (includes all affiliated sites) to make appropriate changes to my advertisement. Professional Assistance: 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 a variety of differing information, including, but not limited to lead-based paint hazards. You are strongly advised to seek the help of a licensed real estate professional and/or a real estate attorney to help you in the negotiation and sale of any real estate. Real Estate Licensees: Sellers who are licensed, as an agent, broker, or other licensed real estate professional must ensure that their advertising 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. Disclosure: The role of SpecialFinds.com (includes all affiliated sites) in the sale of properties is limited to publishing advertising provided by sellers or their agents and providing a venue for communications about a property. The SpecialFinds.com website (includes all affiliated sites) 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. SpecialFinds.com (includes all affiliated sites) 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 SpecialFinds.com (includes all affiliated sites) web site. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between SpecialFinds.com (includes all affiliated sites) and any seller or buyer of real estate. SpecialFinds.com (includes all affiliated sites) makes no representations about properties advertised on SpecialFinds.com (includes all affiliated sites), 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.

No Warranty: WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Liability Limit: IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Indemnity: You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Legal Compliance: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service. No Agency: You and SpecialFinds.com (includes all affiliated sites) are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Choice of Law and Forum: This User Agreement and Privacy Policy are governed by North Carolina laws. Any action to enforce or interpret them shall be brought and maintained exclusively in the Superior Court of the State of North Carolina in the City of Asheville. The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto and the right to remove such action to a Federal District Court. Severability and Integration: Unless otherwise specified herein this Advertising Agreement constitutes the entire agreement between the parties listed below and SpecialFinds.com (includes all affiliated sites) and its affiliates with respect to this site and our services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SpecialFinds.com (includes all affiliated sites) with respect to the web site or services. We do not allow the display of images without the permission of their copyright owners.

Full 30-Day Satisfaction Guarantee: SpecialFinds.com provides a 30-day opportunity to test your listing on our site. If you then decide, for any reason, that your listing didn't meet your expectations, you must let us know within 33 days from the beginning of your listing period on SpecialFinds.com and we will refund your $49 and remove your property from SpecialFinds.com.

We maintain a permanent archive of unusual properties online. So unless you specifically tell us not to, we'll keep and display certain information and images you have provided, after the listing has expired or sold, subject to the following conditions:

-    your listing will not be visible to buyers searching for houses to buy – it will not be marketed "for sale"

-    no contact or price information will be displayed on archived listings

-    we will retain and display copyright information when applicable

-    we will not sell to third parties retained information or images, or access to them

-    we will not retain, without permission, your personal information

-    we will not retain, without permission, images with people, or signs with logos, names or phone numbers, or other personally identifiable elements

-    we may use images in advertising regarding our favorite listings on the site or as examples of specific property types

-    we will not display, without permission, street address or numbers

-    we will not sell information about you to third parties without your explicit and prior consent

SpecialFinds.com is a venue for the marketing and promotion of unique and unusual real estate. SpecialFinds.com is very selective in the properties it allows to be promoted on the site.

All properties must fit within our definition and description of a Special Find.

You agree that you have reviewed the "What is a Special Find" video and agree to place only properties that fit within the definition depicted in the video.

SpecialFinds.com, in its sole discretion, may immediately, with or without notice, deactivate or delete your listing, and all ancillary information associated with your listing, if you place a property that is inconsistent with the properties depicted on the video.

SpecialFinds.com reserves the right to bar any further access to the website. You agree that SpecialFinds.com shall not be liable to you or any third-party for any termination of your access to the Website or to current or future listings or listing information. Paid accounts that are terminated will not be refunded.

If any part of this Terms and Conditions (Advertising Agreement) is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 07.30.11

 
 

Copyright 2012 Special "Finds..."® Terms of Use Privacy Statement