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Intellectual Property:
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, and applications, are copyrighted by us or our licensors and content suppliers, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited. You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
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Copyright:
The content on the Services is copyrighted. You may use the content, but you may not alter it or change any copyright notices without our permission. You may not use your own web design skills to put "frames" around our Websites and pretend they are yours. You also can’t link to our Websites from websites that contain content we would find objectionable.
Reporting Copyright Infringement:
We have adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of our Services who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may provide our Copyright Agent with a written DMCA Notice of Alleged Infringement ("Notice"). You must do all of the following in your written Notice for it to be valid: Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including (if the Content is on our website) the URL of the link shown on the website where such material may be found.
- Include your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice (if these statements are untrue, you cannot submit the Notice):
- "I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "The information in this Notice is accurate and, under penalty of perjury, I affirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Company’s Copyright Agent:
Fizber.com
Privacy – Legal Department
999 Corporate Drive, Suite 215
Ladera Ranch, CA 92694
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Privacy Statement:
Our use of your information is governed at all times by our
Privacy Statement . Our Privacy Statement explains our practices relating to the collection and use of your information in connection with the Services, and is incorporated into these Terms of Use. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Statement.
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Notices and Electronic Communications:
We may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail, telephone or communications though the Services. When you use the Services, you consent to receive communications from us electronically and through each of the foregoing methods. By engaging in any telephone conversation with our agents or employees, you consent to our recording such telephone call.
By providing your telephone number or texting JOIN to a number we give you, you are subscribing to receive text Alerts and/or Event Notifications by text message from us to the phone number you provide (and you confirm that you are the owner of that number). Your subscription authorizes us, to the extent permitted by applicable law, to send text messages with marketing messages, alerts and updates about selling methods and services you are interested in to the phone number you provide. The frequency of these text messages is recurring and on-going. Message and data rates may apply, which means you may incur charges from your carrier as a result of these messages. You are not required to subscribe or opt in (directly or indirectly) to receive text messages from us as a condition of purchasing any property, goods or services from Fizber.com. At any time, you may cancel your subscription and opt-out of receiving text messages from us by replying with the word "STOP" to a text message from us or calling us at 888-381-2201 you may request help from us by replying with the word "HELP" to a text message from us, or calling 888-381-2201.
You also consent to our use of an automatic telephone dialing system for telephone calls and texts (if you have opted-in to receive text message marketing). You may revoke this consent at any time through reasonable means.
If your carrier is T-Mobile: T-Mobile is not liable for delayed or undelivered messages.
You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.
Fizber.com intends that the information contained on our Web site be accurate and reliable; however, errors sometimes occur. We do not guarantee the accuracy of any information available on our websites, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
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Submission and Administration of Listings
User has had and shall have the opportunity to submit to Fizber property descriptions, photographs, images, videos (which may have sound/music), graphics and financial, contact or other information (collectively, the “Submitted Content”) for each listing in Fizber. You represent and warrant that
(a) you own or have the full right, power and authority to grant to Fizber use of and rights in and to all Submitted Content that you upload, post, email or otherwise transmit to Fizber;
(b) your license of such content to Fizber hereunder does not, and the use or license of such content by Fizber to third parties will not, infringe any right or interest owned or possessed by any third party; and
(c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content. With respect to all Submitted Content you have uploaded in the past or elect to upload in the future, post, email or otherwise transmit to or via the Service, Fizber acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted Content. You nonetheless grant Fizber and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that Fizber may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by Fizber and its affiliates). User agrees not to submit any Submitted Content to Fizber unless the User has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on the User's website or on Fizber's website. Specifically, User will not submit a photograph if User received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the Fizber website. Users may only submit videos personally created by User or User's direct employees. Users may not upload or otherwise submit videos created or produced by third party video tour providers. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Users who are alleged to have submitted property listings, Submitted Content or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or knowingly violates this Agreement. User agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Fizber website. User shall not use robot, spider or other automated service to submit listings on the Fizber website. Additionally, the User agrees to allow submitted property listing(s) and Submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by Users of the User's website, the Fizber website and other Fizber partner or affiliate websites. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Fizber website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The User
(a) represents and warrants that all properties and associated information provided by the User, including Submitted Content, will be accurate;
(b) agrees to administer the properties provided by the User and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the User's website or on the Fizber website. The User is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the User. While the Company shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Fizber. Fizber may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. User agrees that Fizber may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings as having been supplied to the User. User accepts that this is a legitimate and lawful security precaution on the part of Fizber, and accepts further that in the event that any third party has access to property listings that can be identified as having User's unique adjustments a prima facie breach of security and of these Terms of Use on the part of User may be assumed by Fizber.
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Payment Terms
User agrees to pay for all products ordered through the Fizber website, affiliate Fizber websites or third-party websites (partners, advertisers, etc) using the payment method indicated, and provides Fizber express authorization to charge said fees to the User's payment provider at time of purchase. Fees owed depend on the specific type and quantity of Fizber products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, Fizber may immediately cease to provide any and all Deliverables to the User. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At Fizber's option, User shall pay such taxes or fees directly or pay to Fizber any such taxes or fees immediately upon invoicing by Fizber. Fizber is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit
MyFizber Account.
Flat Flee MLS refund policy: Your flat fee MLS purchase (MLS Boost, Premium MLS Boost, Realtor.com Listing) is refundable for up to 30 days after purchase if the MLS documentation has not been submitted to the flat fee broker. After 30 days or after you have submitted the MLS documentation, the purchase is non-refundable.
If you purchase either the MLS option and/or the Sign Package option and do not go into escrow for the sale of your home within 90 days, Fizber will introduce you to a Fizber-approved local real estate agent and refund your money upon closing with this real estate agent. The guarantee applies to homesellers that were unsuccessful in selling their home without a real estate agent. It does not apply to those homesellers that purchased the "Closing Guru" package.
Fizber may offer a Money-Back Guarantee for certain Purchase Options (MLS options/Yard Sign option). If User chooses to cancel their listing and apply for the Money-Back Guarantee, User must notify Fizber in writing that they would like to qualify for the Money-Back Guarantee option at
guarantee@fizber.com. To qualify for the Money-Back Guarantee, Users must list and sell their home through an approved real estate professional within the Fizber network ("Approved Agent") and send Fizber documentation of the sale. Fizber will assign the User an Approved Agent. The User must then list and sell their home using the Approved Agent assigned by Fizber in order to qualify for the Money-Back Guarantee. When the User sells their property through the Approved Agent, the User must then send Fizber a copy of the closing settlement statement or HUD-1 ("Closing Statement"). Once the Closing Statement is received, Fizber will begin processing the Money-Back Guarantee refund. The Money-Back Guarantee refund will be issued in the amount of the payment received from User for the selected Fizber Purchase Options. Fizber will not refund in excess of the amount received from the User. Fizber will only refund to Users that qualify for the Money-Back Guarantee. If the User decides to cancel their listing and chooses to not apply for the Money-Back Guarantee or does not qualify for the Money-Back Guarantee, then the User's payment is not refundable and is considered fully earned by Fizber.
If User has a question about a cancellation, User should contact Fizber Client Services at
support@Fizber.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Users of any such changes.
It is the User's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "MyFizber Account" tab within the "MyFizber" section, once User has logged into
www.Fizber.com. Fizber does not validate all credit card information required by the User's payment provider to secure payment.
The User must notify Fizber about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Fizber's attention within 90 days, User agrees to waive their right to dispute such problems or discrepancies.
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Maps and Directions Disclaimer
The maps and directions information provided by Fizber have been obtained from sources believed reliable, including Microsoft Virtual Earth. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft’s applicable Terms of Use. While Fizber does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. User assumes all risk of use. Neither Fizber nor its partners or suppliers assume any responsibility for loss, damage or delay caused by User's use of and/or reliance on of Fizber's information, products or services.
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To protect our service, you agree to refrain from the following prohibited activities:
- submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- engaging in activities or submitting materials that could be harmful to minors;
- engaging in activity or submitting materials that harasses or advocates harassment of another person;
- engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Web site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent;
- engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- submitting materials that contain restricted or password only access pages, or hidden pages or images;
- submitting materials that displays pornographic or sexually explicit material of any kind;
- submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware,
- engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users;
- engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
- using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Web site or for any other unauthorized purpose without our prior written consent;
- using any device, software, or routine to interfere or attempt to interfere with the proper working of the Web site;
- decompiling, reverse engineering, or disassembling the software or attempting to do so; or
- taking any action that imposes an unreasonable or disproportionately large load on the Web site or our hardware and software infrastructure or that of any of our licensors or suppliers.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIZBER.COM AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, THIRD PARTY INVESTORS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF FIZBER.COM’S SERVICES IS AT YOUR OWN RISK. WE AND/OR ANY FIZBER.COM SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR THE FIZBER.COM SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIZBER.COM OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR CUMULATIVE LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO ONE-HUNDRED U.S. DOLLARS ($100).
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Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration administered by JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures then in effect (“JAMS Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to these Terms of Service. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Service. This Section of the Terms of Service will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS’ RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
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To the maximum extent permitted by applicable law, you agree to indemnify and hold Fizber.com and our affiliates harmless from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms of Service, any executed Referral Agreement, and/or any other agreement by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.