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Terms of Conditions and Use

Private Sale Partners, Inc. (“Private Sale Partners” or “PSP”) provides this website and the services offered on it (collectively, the “Services”) under the following terms and conditions of service and use (the “Terms”). Please read them carefully. You understand and acknowledge that the Services are provided to you exclusively under these Terms. By visiting this website or any of its sub-domains and accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and acknowledge that no signatures are required in connection with the terms for you to be fully bound by them. As used on this website or any of its sub-domains, the terms “you” refers to all users of this website, the terms “we”, “us”, or “our” refer to Private Sale Partners. “Sellers” refers to users who list their properties on this website. “Buyers” refers to users who register to receive email communication from Private Sale Partners or to schedule a home visit appointment with a “Seller.” “Customers” refers to all users of this website who purchase any product or Service on this website, including without limitation listing their properties on the website or purchasing products or services from the store on the website.

The purpose of this website is to assist homeowners with selling their home without a real estate broker. These Terms apply to all users of this website. If you do not agree to these terms and conditions, do not access this website or post any listings on this website. This website is owned and operated by Private Sale Partners, Inc., a Delaware corporation.

1. MODIFICATIONS TO THE TERMS

Private Sale Partners may change the Terms from time to time. We will notify you of any such changes via email and/or by posting the changes on the Private Sale Partners website. Each time you access the website, you acknowledge and agree to the Terms then present on the website 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 notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.

2. PRIVACY

As part of the registration process, you will be asked to provide certain personal information to us. All uses of your personal information will be in accordance with the provisions of our Privacy Policy, which is available on our website. Understand that given the nature of the services provided by Private Sale Partners, all property listing information submitted by you, excluding certain contact information, shall enter the public domain.

3. YOUR ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and 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 USERNAME AND/OR PASSWORD, YOUR SHARING OF SAME WITH OTHERS, OR YOUR FAILURE TO OTHERWISE COMPLY WITH THIS SECTION.

4. REGISTRATION

If you register as a Private Sale Partners user (Seller or Buyer), you accept responsibility for all activities that occur under your username and password, and agree not to sell, transfer or assign your rights. By registering and/or posting Materials (as defined below), you hereby understand and agree that you have established a business relationship between you and Private Sale Partners. As such, you agree that Private Sale Partners may contact you using the information you provided with information and offers of services available through Private Sale Partners and any of its affiliates and related entities, as well as all third-party affiliates and partners. You are responsible for maintaining the confidentiality of your username and password. If you believe someone has accessed this website using your username and password without your authorization, email us immediately at customerservice@privatesalepartners.com. Because email or phone is used to provide certain notifications and services, you must consent to receive email or to receive telephone calls (even if your phone number is or later appears on any DO NOT CALL list) from Private Sale Partners.

Sellers will be required to set up and maintain their personal home visit scheduler which will communicate to potential buyers the availability of their home for appointments to show their home. Sellers will be required to keep this home visit scheduler up to date indicating the dates and times when the home is “Available” for home visits and when it is “Not Available,” and to regularly monitor incoming email in order to address and respond to requested home visits, and avoid a situation where a Buyer attempts to visit the home before the Seller has confirmed the appointment with the Buyer. The home visit scheduler will also allow the Seller to indicate the dates and times of “Open Houses” which will not require the scheduling of appointments. SELLERS MAY OPT OUT OF USING THE PERSONAL HOME VISIT SCHEDULER AND ALL OF ITS FEATURES TO PERMIT BUYERS TO CONTACT SELLERS DIRECTLY, BUT IN DOING SO WILL BE REQUIRED TO LIST A CONTACT PHONE NUMBER FOR BUYERS IN THEIR PROPERTY LISTING. Sellers authorize and direct Private Sale Partners to not permit known real estate brokers/agents to register for the purpose of scheduling home visit appointments or contact the Seller unless the Seller purchases the MLS or REALTOR.com Showcase listing option, which requires the Seller to agree to being contacted by a real estate broker/agent.

Buyers have the option of registering to receive email alerts of home listings and other communications from time to time. Buyers requesting a home visit appointment using the personal home visit scheduler will be required to complete a registration providing their name, telephone number, and email address plus a second contact (name and phone number) of either an employer or a personal reference, prior to accessing the home visit scheduler to select a date and time for a home visit. Real estate brokers/agents are not permitted to register to schedule home visit appointments with Sellers. The home visit scheduler will not permit more than one Buyer to schedule an appointment for a specific date and time. Sellers will be notified via email of a scheduled home visit and the notification will include all Buyer registration information. Sellers have the right to cancel a scheduled home visit appointment, but to do so must contact the Buyer directly via email or phone call. Private Sale Partners is not responsible for confirming or canceling scheduled appointments with Buyers.

5. USER INFORMATION

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. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. You are solely responsible for all acts or omissions that occur under your account or password, including for all User Content (as defined below) 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, non-commercial purposes only and that your use of the 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 our website, rather than as a commercial enterprise for a third party.

You agree not to use the Services to do any of the following:

  • post images from other websites
  • insert links to other websites
  • use any software or computer code to alter the design, layout, or any other visual elements of any of our web pages
  • use our website to promote or advertise anything except the sale of your single property advertised in our listing service pages
  • collect information (such as name, address, and contact information) about Sellers or their properties by any manual or automatic means for any purpose other than to consider making an offer to buy the relevant property
  • violate any local, state, national or international law
  • stalk, harass or harm another individual
  • collect or store personal data about other users
  • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
  • interfere with or disrupt the Services or servers or networks connected to the Private Sale Partners website or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Private Sale Partners website
  • submit, post, store or transmit any (a) User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;© User Content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

6. USER-PROVIDED INFORMATION AND CONTENT

For purposes hereof, “User Content” means materials and information you provide to Private Sale Partners hereunder, including any real estate listing data, photographs or other related materials, and all text, audio, artwork, pictures, logos or images you provide to Private Sale Partners, including without limitation, any materials relating to you. By providing information to, communicating with, and/or placing material on this website, including, for example, communication during registration, communication on any Private Sale Partners bulletin board, message or chat area, blog, posting any listing or other User Content (including without limitation written, graphical or video content), posting information on the personal home visit scheduler, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (i) you own or otherwise have all necessary rights to the User Content you provide and the rights to use it as provided in these Services; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms; (iii) the User Content will not cause injury to any person or entity; and (iv) if you post a property listing, 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.

For all such information and material, you grant Private Sale Partners, its affiliates and related entities, as well as all third-party affiliates and partners of Private Sale Partners, 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 and material, in any form, media, software or technology of any kind now existing or developed in the future.

You also grant Private Sale Partners 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 that Private Sale Partners 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 Private Sale Partners. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Private Sale Partners 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.

7. HOME LISTING PLAN FEATURES AND RESPONSIBILITIES

A. PRO-SELL LISTING PLAN

Any user who registers as a Seller for the Pro-Sell Listing Plan is responsible for a one-time payment of $399.00. Shipping and handling is included. A shipping surcharge of $40 will be added for properties listed in HI or AK. Payments and fees shall be made by automatic credit card debit. The Pro-Sell Listing Plan is active from the date the property listing is placed for a period of six months (the “Expiration Date”). Seller may include up to forty (40) photos in their property listing slide show, up to a 1,000 word description of their property, print sales flyers, create a personalized home visit scheduler and access the toll-free Home Sales Hotline. In addition, the property listing will be featured in the Local Search Featured rotation for 30 days and the Home Page Featured rotation for 15 days. The Seller will receive a “Welcome Kit” within three to five days of registering as a Seller consisting of the following items: one professional-looking, easy to install signpost with hanging 24” x 24” lawn sign plus easily installed weatherproof box for sales flyers, two (2) “Open House” signs with stands, three (3) directional signs with stands, one (1) Open House “Welcome, Come In” doorknob hanger, Jump Start Guide, Four-Part Home Selling System books and a home valuation report. Seller may cancel a property listing or request removal of their property listing either online or by calling the Home Sales Hotline (800-230-6685) prior to the Expiration Date. Seller will receive a confirmation email and must respond within 48 hours to confirm a requested cancellation or listing removal. Seller may call the Home Sales Hotline (800-230-6685) for cancellation assistance if they do not receive a confirmation email. Seller may renew the Pro-Sell Listing Plan online property listing for a period of three months. Seller will receive an email notification prior to the Expiration Date of the six-month plan with a link to the online store where the three-month Pro-Sell Plan Renewal may be purchased for a one-time payment of $150.00.

B. PRO-SELL MLS LISTING PLAN

The Pro-Sell MLS Listing Plan contains all the components of the Pro-Sell Listing plan described in Section “7 A,” as well as a “Brokers Protected” rider sign and a six-month listing on a local multiple listing service (“MLS”) accessible by real estate brokers/agents (the “MLS Service”) as well as the publicly-accessible national real estate listing service (REALTOR.com®). Any user who registers as a Seller for the Pro-Sell MLS Listing Plan is responsible for a one-time payment of $699.00. Shipping and handling is included. A shipping surcharge of $40 will be added for properties listed in HI or AK. Payments and fees shall be made by automatic credit card debit. The Private Sale Partners online listing of the Pro-Sell MLS Listing Plan is active from the date the property listing is placed (the “Listing Date”) for a period of six months (the “Expiration Date”). The MLS online listing is active from the date the property listing is placed (the “MLS Listing Date”)on the MLS for a period of six months (the “MLS Expiration Date”). You acknowledge that the Private Sale Partners online listing and the MLS Listing must be activated separately and that the listing dates and expiration dates thereof may be different. Changes to property listing information, cancellation or removal of the Private Sale Partners online listing are independent of changes to property information, cancellation or removal of the MLS Listing, which is contracted separately between the Seller and an independent real estate agent/broker. The MLS Service guarantees at least one photo image of a property to be displayed. The MLS Service listing agreement must be submitted promptly after receipt by a Seller. Private Sale Partners is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. All MLS Service listings are handled by an independent, licensed real estate broker/agent who will contact Seller in order to contract with Seller separately, and that broker/agent will activate MLS listings for Seller. The terms of any agreement between Seller and any independent real estate broker/agent are not endorsed, recommended or otherwise known to or by Private Sale Partners. It is recommended that Seller carefully review and approve all MLS property listing details and information prior to publication. All MLS Service listings require a buyer’s agency commission if a real estate broker assists Seller in finding a buyer. Neither the Services nor these Terms are or should be construed as a solicitation for a listing broker if the property is already listed with a broker. Georgia residents may be subject to a .12% MLS surcharge at close of escrow. All Sellers who purchase an MLS listing are responsible for reviewing, understanding and correctly completing all paperwork and complying with any terms and conditions of such agreements which are necessary and applicable to their local MLS prior to their advertisement becoming viewable in their local MLS or REALTOR.com®. There may be a delay (up to 7 business days) in the activation of the MLS and REALTOR.com® listing. Seller should consult the listing real estate broker/agent for further details about MLS rules and regulations in Seller's area. The MLS Service is not available in South Dakota, North Dakota, Wyoming, the borough of Manhattan (NYC, New York) and may not be available in other areas and may be subject to additional fees. The MLS Service is subject to modification without notice to Seller. If Seller objects to any modification to the MLS Service, the sole and exclusive recourse shall be to cease using the MLS Service. Continued use of the MLS Service following notice of and/or posting as part of these terms of any such modifications shall indicate Seller acknowledgment of such modifications and agreement with the MLS Service as so modified. The MLS Service is considered a separate purchase, even when purchased in a package, and is treated as a separate service for refunds. The MLS Service may be subject to additional fees and/or restrictions based on, among other things, changes in law, regulations, MLS rules or the third parties with which Private Sale Partners may contract. In addition, depending on the MLS listing agreement, there may be restrictions on use of signs, including signs provided as part of any Private Sale Partner listing plans. The MLS Service expires after six months. Seller will receive an email notification prior to the expiration date of the Private Sale Partners online listing with a link to the online store where the three-month Pro-Sell Listing Plan Renewal of the online listing may be purchased for a one-time payment of $150.00. Seller will receive a separate email notification of the expiration of the MLS listing from the MLS listing agent and Seller is responsible for renewing the MLS listing with that agent. There may be additional fees that apply depending on the geographic location of the property listing and the local MLS rules and regulations.

C. PRO-SELL ASSIST LISTING PLAN

Any user who registers as a Seller for the Pro-Sell Assist Listing Plan is responsible for a one-time payment of $449.00. Shipping and handling is included. A shipping surcharge of $40 will be added for properties listed in HI or AK. Payments and fees shall be made by automatic credit card debit. The Pro-Sell Assist Listing Plan is active from the date the property listing is placed for a period of six months (the “Expiration Date”). Seller may include up to forty (40) photos in their property listing slide show, up to a 1,000 word description of their property, print sales flyers, create a personalized home visit scheduler and access the toll-free Home Sales Hotline. In addition, the property listing will be featured in the Local Search Featured rotation for 30 days and the Home Page Featured rotation for 15 days. The Seller will receive a “Welcome Kit” within three to five days of registering as a Seller consisting of the following items: one professional-looking, easy to install signpost with hanging 24” x 24” lawn sign plus easily installed weatherproof box for sales flyers, two (2) “Open House” signs with stands, three (3) directional signs with stands, one (1) Open House “Welcome, Come In” doorknob hanger, Jump Start Guide, Four-Part Home Selling System books, a home valuation report, and one (1)30-minute in-home consultation with a certified FSBO Home Prep Specialist. Seller may cancel a property listing or request removal of their property listing either online or by calling the Home Sales Hotline (800-230-6685) prior to the Expiration Date. Seller will receive a confirmation email and must respond within 48 hours to confirm a requested cancellation or listing removal. Seller may call the Home Sales Hotline (800-230-6685) for cancellation assistance if they do not receive a confirmation email. Seller may renew the Pro-Sell Assist Listing Plan for a period of three months. Seller will receive an email notification prior to the expiration date of the six-month plan with a link to the online store where the three-month Pro-Sell Plan Renewal may be purchased for a one-time payment of $150.00.

Certified FSBO Home Prep Specialists (“Home Prep Specialists”) are independent contractors and,with the exception of the 30-minute in-home consultation, all services of Certified FSBO Home Prep Specialists are contracted separately between the Seller and the Home Prep Specialist and are not endorsed, recommended or otherwise known to or by Private Sale Partners. The terms of any agreement between Seller and the certified FSBO Home Prep Specialist for services in addition to the 30-minute in-home consultation are separate from the terms of the Seller's agreement with Private Sale Partners. All Sellers who purchase a Pro Sell Assist or Pro Sell Assist with MLS listing are responsible for reviewing, understanding and complying with any terms and conditions of any agreements which are necessary and applicable to working with the Home Prep Specialist.

D. PRO-SELL ASSIST WITH MLS LISTING PLAN

The Pro-Sell Assist with MLS Listing Plan contains all the components of the Pro-Sell Listing plan described in Section “7 C,” as well as a “Brokers Protected” rider sign and a six-month listing on a local multiple listing service (“MLS”) accessible by real estate brokers/agents (the “MLS Service”) as well as the publicly-accessible national real estate listing service (REALTOR.com®). Any user who registers as a Seller for the Pro-Sell MLS Listing Plan is responsible for a one-time payment of $749.00. Shipping and handling is included. A shipping surcharge of $40 will be added for properties listed in HI or AK. Payments and fees shall be made by automatic credit card debit. The Private Sale Partners online listing of the Pro-Sell Assist with MLS Listing Plan is active from the date the property listing is placed (the “Listing Date”) for a period of six months (the “Expiration Date”). The MLS online listing is active from the date the property listing is placed (the “MLS Listing Date”)on the MLS for a period of six months (the “MLS Expiration Date”). You acknowledge that the Private Sale Partners online listing and the MLS Listing must be activated separately and that the listing dates and expiration dates thereof may be different. Changes to property listing information, cancellation or removal of the Private Sale Partners online listing are independent of changes to property information, cancellation or removal of the MLS Listing, which is contracted separately between the Seller and an independent real estate agent/broker. The MLS Service guarantees at least one photo image of a property to be displayed. The MLS Service listing agreement must be submitted promptly after receipt by a Seller. Private Sale Partners is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. All MLS Service listings are handled by an independent, licensed real estate broker/agent who will contact Seller in order to contract with Seller separately, and that broker/agent will activate MLS listings for Seller. The terms of any agreement between Seller and any independent real estate broker/agent are not endorsed, recommended or otherwise known to or by Private Sale Partners. It is recommended that Seller carefully review and approve all MLS listing details prior to publication. All MLS Service listings require a buyer’s agency commission if a real estate broker assists Seller in finding a buyer. Neither the Services nor these Terms are or should be construed as a solicitation for a listing broker if the property is already listed with a broker. Georgia residents may be subject to a .12% MLS surcharge at close of escrow. All Sellers who purchase an MLS listing are responsible for reviewing, understanding and correctly completing all paperwork and complying with any terms and conditions of such agreements which are necessary and applicable to their local MLS prior to their advertisement becoming viewable in their local MLS or REALTOR.com®. There may be a delay (up to 7 business days) in the activation of the MLS and REALTOR.com® listing. Seller should consult the listing real estate broker/agent for further details about MLS rules and regulations in Seller's area. The MLS Service is not available in South Dakota, North Dakota, Wyoming the borough of Manhattan (NYC, New York) and may not be available in other areas and may be subject to additional fees. The MLS Service is subject to modification without notice to Seller. If Seller objects to any modification to the MLS Service, the sole and exclusive recourse shall be to cease using the MLS Service. Continued use of the MLS Service following notice of and/or posting as part of these terms of any such modifications shall indicate Seller acknowledgment of such modifications and agreement with the MLS Service as so modified. MLS Service is considered a separate purchase, even when purchased in a package, and is treated as a separate service for refunds. The MLS Service may be subject to additional fees and/or restrictions based on, among other things, changes in law, regulations, MLS rules or the third parties with which Private Sale Partners may contract. In addition, depending on the MLS listing agreement, there may be restrictions on use of signs, including signs provided as part of any Private Sale Partner listing plans. The MLS Service expires after six months. Seller will receive an email notification prior to the expiration date of the Private Sale Partners online listing with a link to the online store where the three-month Pro-Sell Listing Plan Renewal may be purchased for a one-time payment of $150.00. Seller will receive email notification of the expiration of the MLS listing from the MLS listing agent and Seller is responsible for renewing the MLS listing with that agent. There may be additional fees that apply depending on the geographic location of the property listing and the local MLS rules and regulations.

Certified FSBO Home Prep Specialists (“Home Prep Specialists”) are independent contractors and,with the exception of the 30-minute in-home consultation, all services of Certified FSBO Home Prep Specialists are contracted separately between the Seller and the Home Prep Specialist and are not endorsed, recommended or otherwise known to or by Private Sale Partners. The terms of any agreement between Seller and the certified FSBO Home Prep Specialist for services in addition to the 30-minute in-home consultation are separate from the terms of the Seller's agreement with Private Sale Partners. All Sellers who purchase a Pro Sell Assist or Pro Sell Assist with MLS listing are responsible for reviewing, understanding and complying with any terms and conditions of any agreements which are necessary and applicable to working with the Home Prep Specialist.

E. REALTOR.COM® SHOWCASE LISTING

A REALTOR.com Showcase listing (“Showcase Listing”) can be added to any Private Sale Partners listing plan and allows the Seller to have his or her property listed for an initial seven-month period on an out-of-market multiple listing service (“MLS”) as well as a national real estate listing service (REALTOR.com) accessible by users of REALTOR.com. A Seller purchasing a REALTOR.com Showcase listing will be billed a one-time fee of $250.00. Seller acknowledges that the Private Sale Partners website listing and REALTOR.com Showcase listing are activated separately. You acknowledge that the Private Sale Partners online listing and the Showcase Listing must be activated separately and that the listing dates and expiration dates thereof may be different. Changes to property listing information, cancellation or removal of the Private Sale Partners online listing are independent of changes to property information, cancellation or removal of the Showcase Listing, which is contracted separately between the Seller and an independent real estate agent/broker. REALTOR.com Showcase listing agreements must be submitted promptly after receipt by the Seller. Private Sale Partners is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. REALTOR.com Showcase listings are handled by an independent real estate broker/agent who will contact Seller in order to contract with Seller separately, and the broker/agent will activate the REALTOR.com Showcase listing. The terms of any agreement between Seller and any independent real estate broker/agent are not endorsed, recommended or otherwise known to or by Private Sale Partners. All REALTOR.com Showcase listings require a buyer’s agency commission if a real estate broker assists Seller in finding a buyer. Neither the Services, including access to a REALTOR.com Showcase listing, nor the Terms are or should be construed as a solicitation for a listing broker if the property is already listed with a broker. There may be a delay (usually 5 to 7 business days) in the activation of any REALTOR.com Showcase listing. Seller should consult the listing real estate broker/agent for further details. A REALTOR.com Showcase listing will include the following: highlighted on the search results page, allow up to 25 photos on REALTOR.com; optional addition of a virtual or video tour; automatic email forwarding of leads; and automatic forwarding of all phone leads. The REALTOR.com Showcase listing expires after seven (7) months. The REALTOR.com Showcase listing may be extended for additional six (6) month periods by paying an additional $100 per six-month period. Moreover, the REALTOR.com Showcase Listing Service may be subject to additional fees and/or restrictions based on, among other things, changes in laws, regulations, MLS rules or the third parties with which Private Sale Partners, Inc. may contract. For additional information about the REALTOR.com Showcase listing, please contact the Home Sales Hotline (203-230-6685). The REALTOR.com Showcase Listing Service is subject to modification without notice to Seller. If Seller objects to any modifications to the REALTOR.com Showcase Listing Service, Seller's sole and exclusive recourse shall be to cease using such service. Continued use of the REALTOR.com Showcase Listing Service following notice of and/or posting as part of these terms of any such modifications shall indicate your acknowledgment of such modifications and satisfaction with the REALTOR.com Showcase Listing Service as modified. The REALTOR.com Showcase Listing Service is considered a separate purchase, and is treated as a separate service for refunds.

F. FEATURED HOME

The Local Search Featured Home listing and the Home Page Featured Home listing rotate your property listing through the top section of the local search results page and the home page, respectively, of the Private Sale Partners website at various times for 30 days and 15 days, respectively. Because your home listing rotates with other home listings, the picture and accompanying description of your home listing will not be viewable all of the time and may not be present during certain times or viewable on the first page of listing results when you check “Featured Homes”. The featured home service activates as soon as your home listing is completed, including uploading and processing of a minimum of one photograph. You are not entitled to a refund because your home listing was not displayed as a “Local Search Featured Home” or a “Home Page Featured Home” at a certain time or all of the time or on the first page of the listing results.

G. REAL ESTATE SERVICES

Private Sale Partners (“PSP”) does not offer real estate services to you. PSP offers (i) advertising space, (ii) written, generalized advice and (iii) blank, standardized forms to home owners who are attempting to sell their homes without a real estate broker (For Sale By Owner). Customers create their own advertisement which PSP publishes on its public website and makes available by telephone, along with other for sale by owner properties. PSP charges an upfront, fixed dollar amount fee for these services that is not contingent upon any real estate transaction or activity. PSP only publishes and makes available specific property-related information that has been submitted in writing to PSP by the property owner for the purpose of advertising the property to the public. The specific property-related information published on PSP’s website, and made available by telephone, is identical. PSP does not participate in real estate negotiations or transactions. The terms and conditions of PSP’s arrangements with its customers are non-negotiable.

Neither PSP, nor any of its stockholders, directors, officers, employees, attorneys or call center operators (“PSP Parties”) are REALTORS® or licensed real estate brokers, agents or salespersons in any state or jurisdiction, except that Private Sale Real Estate Partners, Inc. is a licensed real estate broker in the state of New York. None of the PSP Parties serve as a home buyer’s or seller’s agent or fiduciary, represent them, act on their behalf, or provide them with any broker services in connection with the purchase or sale of real estate in any state or jurisdiction, including New York.

The PSP Parties do not perform or provide any of the following services or activities: (a) accept, present, prepare, consider, review, discuss, explain, interpret, offer an opinion upon, advise any party in connection with, or negotiate any real estate binders, offers, counteroffers, terms of a potential transaction, contracts, disclosures, titles or other documents; (b) provide personalized suggestions or recommendations to, exercise any judgment relating to, or personally advise, assist, counsel, consult, guide, or direct, any party in connection with the pricing, marketing, purchase or sale of real estate; © discuss the terms and condition of any real property offered or to be offered for sale; (d) sell or offer to sell real estate; (e) meet with or interview parties to a potential real estate transaction, conduct open houses or property showings, arrange for inspections, hold earnest money, money in escrow, or other deposits, or participate in any way in real estate negotiations, sales, transactions, escrows, closings or settlements; (f) solicit, evaluate, or discuss property listings with prospective home buyers, or aid them in locating or obtaining real estate for purchase; or (g) answer any specific property-related questions other than questions that can be answered by reciting verbatim some or all of the written information contained in a property advertisement submitted to PSP by the property owner for the purpose of advertising the property to the public.

Private Sale Partners may refer independent real estate professionals, brokers, or agents to you; however, Private Sale Partners does not itself engage in real estate broker services on your behalf. All real estate brokerage services are performed by independent, local brokers/agents that have been referred to you by Private Sale Partners. The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by Private Sale Partners. You are solely responsible for reviewing, understanding and complying with the terms and conditions of such agreement(s). You acknowledge that, as part of Private Sale Partners 100% Money Back Guarantee Program described in Section “K” below, Private Sale Partners or one of its affiliates may receive payment including, but not limited to, a referral fee that may be a percentage of the commission received by a real estate agent/broker involved in any real estate transaction. Any such payment to Private Sale Partners or one of its affiliates is made in accordance with the terms and conditions of an agreement between Private Sale Partners, Inc. and the real estate broker/agent involved. Your registration with Private Sale Partners, use of the Services, and agreement to the Terms constitutes your acknowledgment of, and agreement to, any such compensation arrangement.

H. EXPIRATION AND RENEWALS OF PROPERTY LISTINGS

Listing Plans will have an expiration date of six months following the posting date of the property listing. Seller will be notified via an email message approximately 15 days prior to the expiration date with a reminder that their property listing is about to expire and will have 48 hours to notify Private Sale Partners not to renew his or her property listing before the listing plan is automatically renewed for an additional three months at a cost of $150.00. This is the only means by which we will contact Seller regarding the expiration and renewal of the property listing. If Seller does not receive an email from Private Sale Partners, then it is Seller's responsibility to notify Private Sale Partners not to renew the property listing. The renewal of an MLS Service or REALTOR.com Showcase listing agreement will require a separate renewal with a local agent/broker.

I. REMOVAL AND CANCELLATION OF PROPERTY LISTING

Seller is responsible for and should request removal of the property listing from the “Edit Listing” page of the Seller's “My home” page of the Private Sale Partners website or by calling customer service at (800) 230-6685. Seller will receive a confirmation email and must respond within 48 hours to confirm the requested cancellation or listing removal. The removal or cancellation of the property listing on our website has no effect on an MLS Services or REALTOR.com Showcase listing of the property. It is the Seller’s sole responsibility to ensure that any other advertisements or paid listings for his or her property have been canceled to avoid further billing or other charges. We will remove the property listing from all third-party listing feeds but cannot guarantee when the property listing will be removed from any third-party sites to which the property has been submitted and listed, even if Seller has already requested removal of the listing from the Private Sale Partners website, canceled the listing, or the listing has expired. Cancellation or removal of the property listing does not cancel, remove or deactivate user account information.

J. PRICES AND AVAILABILITY MAY VARY

The prices quoted in these Terms are the same regardless of whether ordered online or with the Home Sales Hotline. In addition, plan prices may vary depending on specials, discounts or rebates that may be in effect from time to time. None of the prices set forth herein are contingent upon the sale of the Seller’s home, or any other real estate transaction.

K. 100% MONEY BACK GUARANTEE ("The Anytime Transfer Advantage")

Sellers registering for any of the Private Sale Partners home listing plans (“Listing Plan”) will be automatically enrolled in the 100% Money Back Anytime Transfer Advantage (“Transfer Program”). The terms of the Transfer Program grant a Seller the right to cancel the Private Sale Partners Listing Plan at any time and qualify to receive a refund of all payments made by Seller and received by Private Sale Partners, exclusive of any fees paid to Private Sale Partners to list the seller's property on the MLS or REALTOR.com, upon signing a listing agreement with a locally referred real estate agent introduced to the Seller by the Anytime Transfer Program. The Money Back Guarantee can be activated by clicking the “Money Back Guarantee” button on our website or by calling 800 230-6685. Sellers will be referred to a Transfer Program Specialist to assess the Seller’s needs and review the home profile. In most markets, two different real estate firms from the Real Estate Network will be recommended, each of which will assign a trained and qualified real estate agent who will present a Broker’s Market Analysis, including a recommended marketing strategy to the Seller. In some markets, one agent will be referred. In order to activate the Money Back Guarantee, the Seller must choose one of the recommended agents to list his or her home and sign a listing contract (three to six months; this varies by market).

Seller will be referred to agents from a best-in-class real estate network consisting of select Better Homes & Gardens® Real Estate, CENTURY 21®, Coldwell Banker®, ERA®, and Sotheby’s International Realty® agents. A refund check will be mailed within 30 [business] days following the closing and verification of the sale of your property from our real estate partner. The refund will exclude fees paid to Private Sale Partner for the separate MLS Service and REALTOR.com Showcase listings.

The Transfer Program is available in all 50 states except Iowa.

In the event that the home remains unsold at the end of the 3-6 month listing period with the real estate agent, the Seller may renew the listing agreement with the real estate agent for additional 3-6 month terms with the same agent until the house is sold, and the Transfer Program will remain in effect.

Seller may cancel their Private Sale Partners home listing at any time and may ‘opt out’ of the Money Back Guarantee by choosing not to list with an agent from our real estate network.

L. DISCLOSURE and FEE ACKNOWLEDGMENT

Seller hereby acknowledges that, as part of Private Sale Partners' 100% Money Back Guarantee Program described above, Private Sale Partners or one of its affiliates may receive a referral fee or other compensation after Seller is referred to a real estate agent from the Private Sale REALTOR Transfer Program.

M. HOME LISTING FEEDS TO OTHER WEBSITES

The Private Sale Partners listing plans include the submission of the property listing information to other third-party websites for inclusion on those other third-party websites. Seller is not purchasing a home listing with these other third-party websites as part of the payment you pay to Private Sale Partners. The submission of your property listing information to these other third-party websites is a part of the Services provided when Seller registers as a Private Sale Partners Seller. If the home listing is rejected for any reason by a third-party website and therefore fails to be included in a third-party website, Seller has no recourse against Private Sale Partners. If Seller objects to any changes to the listing feeds or the list of other third-party websites to which we submit the property listing information, Seller's sole and exclusive recourse shall be to cease using the Services. Websites owned and operated by third parties are not under our control and we cannot guarantee that your property listing information or images associated with your property listing will appear on a third-party website or appear in a certain way on such third-party website, nor are we responsible for any modifications or changes made to third-party websites. Seller agrees and acknowledges that Private Sale Partners shall have no liability at all concerning claims related to the submission of the property listing information to or the use, display or modification or removal of the property listing information on or by or from third-party websites. Seller's sole and exclusive remedy for such claims shall be to cease using the Services.

N. HOME VALUATION REPORT

The home valuation report provided with each of the Private Sale Partners home listing plans at no additional charge is provided by a third party, Electronic Appraisers, Inc. The report provides the sales prices and property details of recently sold homes in Seller's neighborhood that are comparable to the Seller's property listing. This report does not provide an estimated appraised value of Seller's property. The data contained in the home valuation report is based on public record information accessed from the county tax assessor and the county recorder. A home valuation report may not be available for all properties or all areas. For example, there are areas where county governments do not release data in a timely manner or a particular county government may not be collecting such data. The home valuation report provided by Electronic Appraisers, Inc. is provided on an ‘as is, as available’ basis, with no warranty or guarantee as to its accuracy, completeness, currentness, commercial value, merchantability or fitness for use in a real estate transaction.

8. TECHNICAL PROBLEMS OR COMPUTER/BROWSER REQUIREMENTS

No refunds will be provided as the result of temporary technical problems with our website (including without limitation not being able to log in to your account or not being able to upload photos) which cause your property listing to be removed, change your home listing or cause your property listing not to be displayed. You are not entitled to any refund based on a temporary service failure or based on a failure to view your property listing that is due to your computer’s or your browser’s failure to meet minimum browser and operating system requirements of the Private Sale Partners website. You are also not entitled to any refund based on any problem due in whole or part to your computer or peripheral device. You are responsible for all fees and charges incurred to access our website through an Internet access provider or other third party service.

9. REGULAR PRICING, SPECIAL PRICING, FREE TRIAL OFFERS

Private Sale Partners has several listing plans, each of which is available at regular pricing, available in all 50 states and the District of Columbia. Regular pricing rates are available at our website and may change without notice. Sellers currently registered with one of our listing plans will not be subject to any rate changes until such time as their current plan expires and/or is renewed. From time to time, Private Sale Partners may offer special pricing discounts from regular prices. These discounts may vary by location and may be discontinued at any time. Additionally, Sellers may be offered a “free” trial of the Services. Sellers are bound to all Terms and Conditions of Service and Use during this free trial period. There are no refunds associated with any products or services received during a free trial.

10. PRODUCT PURCHASES FROM PRIVATE SALE PARTNERS STORE

Some items purchased from the online store at privatesalepartners.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier. Private Sale Partners, in its sole discretion, may reship an item to you even if you bear the risk of loss for such item. However, under no circumstances will a refund be issued for an item not delivered to you. Private Sale Partners will attempt to be as accurate as possible. However, we do not warrant that product descriptions in the online store at Private Sale Partners are accurate, complete, reliable, current, or error-free. If a product offered by Private Sale Partners itself is not as described, your sole and exclusive remedy is to return the product in unused condition. No product ordered from the store that has been used may be returned by a Customer. To receive a refund of any payments made for products purchased from the store, you must call Customer Service within 7 days from the receipt of your item at 800-230-6685 Monday through Friday between 9:00-5:00 EST to request a refund. You will receive an email confirming your refund request which contains a link to acknowledge receipt of the email. After acknowledging receipt of the email you will receive via email a “Return Authorization” identification number and instructions for returning the item to Private Sale Partners. If Private Sale Partners approves the return, then a Seller who returns such product must pay return shipping, and a 15% restocking fee will be charged to your credit card. If any product you purchase from the Private Sale Partners store is delayed or does not arrive from Private Sale Partners, your sole and exclusive remedy is that Private Sale Partners will replace the product free of any shipping and handling charges.

11. THIRD-PARTY CONTENT, SERVICES AND MONITORING

We are an intermediary for content and services supplied by third parties for display on the Private Sale Partners website and viewed and used by users of the Services. Accordingly, we have no editorial control over such content and services. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of Private Sale Partners. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Private Sale Partners website or by anyone utilizing the Services other than authorized Private Sale Partners spokespersons while acting in their official capacities. We have the right, but not the obligation, to monitor and review the content and services available on the Private Sale Partners website and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor content for accuracy or services reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any content and services from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any content and services that violates the Terms that we believe may create liability for us, or that we deem otherwise objectionable.

12. TRANSACTIONS

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that Private Sale Partners is not responsible for such errors or discrepancies.

13. PAYMENT RESPONSIBILITY

You agree to pay all payments when due. All payments due will be based on Private Sale Partners' payment schedule in effect at the time you register or, if different, at the time you renew a listing. Private Sale Partners reserves the right to delete any User Content you have submitted if you fail to make any payment to Private Sale Partners when due. You hereby authorize us to process all of these charges to your payment method of record and process any adjustments that may be required unless we have been specifically directed otherwise. You also agree to maintain current information on your payment methods in our records and update any expired or closed credit card numbers prior to the effective date of such expiration or closing. Upon registering as a Seller with Private Sale Partners, you will provide Private Sale Partners a valid credit card number. You authorize Private Sale Partners to make any charge against such credit card for services provided hereunder in accordance with the terms herein.

14. CONSENT TO COMMUNICATIONS FROM PRIVATE SALE PARTNERS

From time to time, Private Sale Partners will communicate with you via email or telephone about announcements, home visit appointments, home listing expiration warnings, new features, products and other services offered by Private Sale Partners, affiliates, partners, advertisers, and related companies. By purchasing, using or enjoying the services of Private Sale Partners, you expressly consent and opt-in to receive communication via email or telephone from Private Sale Partners, affiliates, partners, advertisers, and related companies. If you prefer not to receive email communications from advertisers or other non-affiliates, you will be given the opportunity to decline to receive email from them.

15. DEALINGS WITH PARTNERS, ADVERTISERS, INDEPENDENT CONTRACTORS AND SPONSORS

Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our partners, advertisers, independent contractors or sponsors (including real estate brokers or agents) found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s), independent contractor(s) or sponsor(s). YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PRIVATE SALE PARTNERS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS, INDEPENDENT CONTRACTORS OR SPONSORS ON OR THROUGH THE SERVICES OR FOR ANY INFORMATION THAT YOU PROVIDE OR FOR ANY HARM RELATED THERETO. You understand and acknowledge it is solely your responsibility to determine whether you have purchased a service through a partner, advertiser, independent contractor or sponsor.

16. EXTERNAL LINKS

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. Any concerns you may have regarding any external link should be directed to that link's website administrator or webmaster. PRIVATE SALE PARTNERS SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.

17. NO SPAM

We do not condone or allow spam. We prohibit you from using the Services to promote your own website or any business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement.

18. USE AND STORAGE

You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded User Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.

19. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are provided for your personal, non-commercial use only.

20. TERMINATION

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any User Content 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 violated or acted inconsistently with the Terms. You agree that we may terminate your account if it remains inactive for a period of one (1) year. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time.

21. MINIMUM REQUIREMENTS FOR USERS OF OUR WEBSITE

  • Browser (with cookies enabled and Adobe Flash plugin installed)
  • Microsoft Internet Explorer 7 or higher
  • Mozilla Firefox 2.0 or higher
  • Google Chrome
  • Safari 2.0 or higher
  • Opera 9.0 or higher

22. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE PRIVATE SALE PARTNERS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRIVATE SALE PARTNERS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

23. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PRIVATE SALE PARTNERS OR ITS OFFICERS, EMPLOYEES, CONTRACTORS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO:

  • the use or the inability to use the Services
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services
  • the unauthorized access to or alteration of your transmissions or data
  • statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights
  • your failure to adequately safeguard your password or access to the Services
  • any Services Content you access through the services, including, but not limited to, any errors or omissions in any Services Content, or your use of or reliance on any Services Content posted, emailed or otherwise transmitted through the Services
  • the termination of your access to or use of the Services as provided herein
  • the deletion or failure to store any information or data, communications or User Content maintained or transmitted by or through the Services
  • any modification, suspension or discontinuance of the Services (or any part thereof) or these terms
  • the use of or reliance on any Services Content, goods or services available on any other websites that you access through the Services
  • any actual or anticipated real estate transaction
  • any other matter relating to the Services or these Terms

24. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

25. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Private Sale Partners, its affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims (including but not limited to, claims for defamation, trade disparagment, privacy and intellectual property infringement), liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from or relating to any allegation regarding:(1) any information or User Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services and used by Private Sale Partners, (2) your (or anyone using your account's) use of the Services, (3) your (or anyone using your account's) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the Private Sale Partners website or other Services, (5) your use of Private Sale Partners.

26. TRADEMARKS

Certain of the names, logos, and other materials displayed on the Private Sale Partners website constitute trademarks, trade names, service marks or logos (“Marks”) of Private Sale Partners or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

27. COPYRIGHTS; RESTRICTIONS ON USE

The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by Private Sale Partners or its licensors (the “Services Content”), is copyrighted by Private Sale Partners and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by Private Sale Partners or its licensors. The Services Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Private Sale Partners and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Services Content. You may use the Services 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 Services Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Services Content. If you operate a website and wish to link to this website, you may do so provided you agree to cease such link upon request from Private Sale Partners. No other use is permitted without prior written permission of Private Sale Partners. 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 Services Content on any internet, intranet or extranet site or incorporate the Services Content in any database, compilation, archive or cache. You may not distribute any Services 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 Services Content. You may not scrape or otherwise copy our Services Content without express written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Private Sale Partners, not to insert any code or product or manipulate the Services Content of Private Sale Partners 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 website. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.

28. LICENSE

You hereby grant to Private Sale Partners and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect to the Content you provide to us to be published on the Private Sale Partners website or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyperlinked pages or any other Content you do not submit to us.

29. MISCELLANEOUS

The Terms constitute the entire and exclusive and final statement of the agreement between you and Private Sale Partners with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and Private Sale Partners with respect to the subject matter hereof. The Terms and the relationship between you and Private Sale Partners shall be governed by the laws of the State of Delaware as applied to agreements made, entered into and performed, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the federal or state courts having jurisdiction over Delaware, and you and Private Sale Partners hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 that the other provisions of the Terms 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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

30. MODIFICATION OF SERVICES

We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the website with or without notice to you. Modification of the Services can include, but is not limited to, any change to the website or content contained therein, changes to the administrative tools or functionality of the website, modification of the “look and feel” of the website, changes to the format of a property listing or any other part of the website, and the inclusion of advertising links in association with a property listing or other content available on the website. 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 website. 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 ACKNOWLEDGMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.

31. SURVIVAL

The provisions set forth herein shall survive the expiration or earlier termination of the Terms for any reason. Private Sale Partners’ (and its licensors') proprietary rights (including any and all intellectual property rights) in and to the Services Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.

32. EQUAL HOUSING OPPORTUNITY

All real estate property advertised on our website is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination. We will not knowingly accept any advertising for real estate which is in violation of the law.

For more information, see http://www.hud.gov/offices/adm/hudclips/forms/files/928-1.pdf

33. VIOLATIONS

Please report any violations of the Terms by contacting us directly.

34. CONTACT US

For more information, please contact us.