Welcome to fsbomadison.com (the “Website”). This Website is operated by FBSOmadison.com, LLC, hereafter referred to as “company”, “we,” “us,” or “our.” By accessing or using our Website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms carefully. If you do not agree to these terms, you should not access or use the Website.
ACCEPTANCE OF TERMS
By accessing or using the Website, you agree to be bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained on this Website are protected by applicable copyright and trademark law.
USE LICENSE
a. Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
i. Modify or copy the materials;
ii. Use the materials for any commercial purpose or for any public display (commercial or non-commercial);
iii. Attempt to decompile or reverse engineer any software contained on the Website;
iv. Remove any copyright or other proprietary notations from the materials; or
v. Transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
USER RESPONSIBILITIES
a. When uploading information about their property, users are solely responsible for the accuracy, completeness, and legality of the content they provide. This includes, but is not limited to, property descriptions, images, videos, and any other relevant information.
b. Users must ensure that the information they upload does not violate any applicable laws, regulations, or third-party rights, including but not limited to intellectual property rights, privacy rights, and contractual rights.
c. By uploading information about their property, users grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such information in connection with the operation and promotion of the Website.
d. We reserve the right to remove any user-uploaded content that we deem inappropriate, inaccurate, or in violation of these Terms and Conditions without prior notice.
e. Users are solely responsible for any consequences resulting from the use or reliance upon the information they upload to the Website.
DISPUTE RESOLUTION
a. Any dispute arising out of or related to these Terms and Conditions or your use of the Website shall be governed by the laws of the State of Wisconsin, without regard to its conflict of law provisions.
b. Any legal action or proceeding arising under or relating to these Terms and Conditions or your use of the Website shall be brought exclusively in the state or federal courts located in Dane County, Wisconsin, and you consent to the jurisdiction of such courts.
c. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
d. In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or your use of the Website, both parties agree to first attempt to resolve the dispute informally. If the parties are unable to resolve the dispute through informal negotiation, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
e. The arbitration shall take place in Dane County, Wisconsin, unless otherwise agreed by the parties. The arbitration proceedings shall be conducted in the English language. The arbitrator(s) shall apply Wisconsin law to the merits of any dispute or claim, without reference to conflicts of law rules.
f. The prevailing party in any arbitration or legal proceeding arising out of or related to these Terms and Conditions or your use of the Website shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with such proceeding.
Disclaimer
The materials on the Website are provided on an ‘as is’ basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
BROKERAGE SERVICES
The Company is not a Licensed Real Estate Brokerage and does not provide brokerage services. Users understand and acknowledge that all real estate brokerage commissions are negotiable, and the Company does not set commission rates or provide any advice relating to commissions. Users are solely responsible for negotiating and agreeing upon any brokerage services and associated commissions with licensed real estate professionals. The Company does not act as an intermediary or facilitator in any real estate transactions and disclaims any liability or responsibility for any disputes, agreements, or transactions between users and licensed real estate professionals. Users are encouraged to seek independent legal and professional advice regarding any real estate transactions.
MLS SERVICE
Upon your selection of the MLS package, the Company transmits the information submitted by you to The McGrady Group, LLC, a licensed real estate broker in Wisconsin. Thereafter the Company has no involvement whatsoever in connection with your property listing or any multiple listing service. You will be charged by The McGrady Group, LLC for your chosen MLS services. In addition to the flat fee quoted on FSBOmadison.com, you will likely be responsible to pay a real estate commission in the event your buyer is represented by a broker.
DISCLAIMER OF WARRANTIES
The Site, including all content, services, goods, software, functions, materials, and information found or available thereon, is provided “as is” and “as available” without warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, of any kind, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, informational content, and others expressly disclaimed below in this Section.
Company does not warrant or make any representations regarding the operation of the Site, the use, validity, applicability, propriety, accuracy or reliability of, or the results of the use of the Site or any other sites linked to from this Site. The Site materials may be out of date, and Company makes no commitment to update the Site materials or otherwise monitor the same.
Company does not and cannot guarantee or warrant that the files available for downloading from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Company does not warrant that the Site, including any software, materials, products, or services, will be uninterrupted or error-free or that any defects in the Site, including any software, materials, products, or services will be corrected.
Company assumes no responsibility for the alteration, deletion, mis-delivery or failure to deliver or store any of your communications, data, or personalization settings, including but not limited to messages sent or received by means of the Site. Company makes no warranty that the Site will meet your requirements, that the Site will be secure or error or virus free, or that defects in the software driving the Site will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you through the Site shall create any warranty not expressly made herein.
Company makes no warranties regarding the number or types of properties available for sale on the Site, or whether any property listed on the Site for sale will ever be purchased. Company makes no warranties regarding any of the terms a buyer or seller may or will obtain with respect to any property listed on the Site, the number of ‘hits’ or page views of any property listed on the Site, or the scope of dissemination of any property listed on the Site.
Company makes no warranties whatsoever regarding the ownership, authority to sell, or condition of any property listed on the Site, or the sincerity or ability to pay of any potential buyer or tenant. The Company makes no warranties regarding the quality or quantity of telephone calls, email or other inquiries received by users that advertise on the Site.
Company makes no warranties regarding the appearance, alteration or removal of a property listing on third-party websites or the like. The Company makes no warranties that a property listing will appear anywhere in particular online or offline, or for any period of time, except as expressly set forth on the Site.
The Company makes no warranties regarding the quality or quantity of properties listed on the Site for sale. The Company makes no warranties regarding the quality of the service providers that advertise on the Site or regarding the services or goods provided by same.
The Company makes no warranties regarding the ability of a Site user to access or use the Site, or purchase services or goods made available on the Site, at any particular time or times or from any particular geographic location, area, state or region.
LIMITATION OF COMPANY’S LIABILITY
In no event will the Company, its parents, subsidiaries, shareholders, directors, affiliates, officers, employees, or agents be liable for any damages, losses, or liability, including, without limitation:
(i) Direct, indirect, special, incidental, or consequential damages;
(ii) Damages, losses, or liability resulting from the failure to sell, purchase real property on certain terms or otherwise;
(iii) Damages, losses, or liability resulting from lost profits, lost data (or other intangibles), or business interruption, either arising out of or relating to the use of the Site (including the use of the services of any third parties that the Company links to) and any information contained thereon, or the inability to use the Site;
(iv) Damages, losses, or liability resulting from your failure to comply with this Agreement, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence), or any other legal theory and whether or not advised of the possibility of such damages.
LIMITATIONS
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
REVISIONS AND ERRATA
The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete, or current. We may make changes to the materials contained on the Website at any time without notice. We do not, however, make any commitment to update the materials.
LINKS
We have not reviewed all of the sites linked to the Website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user’s own risk.
MODIFICATIONS
We may revise these terms of service for the Website at any time without notice. By using this Website, you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.
GOVERNING LAW
Any claim relating to the Website shall be governed by the laws of [Your Jurisdiction] without regard to its conflict of law provisions.
PRIVACY POLICY
Your use of the Website is also subject to our Privacy Policy.
By accessing or using the Website, you agree to these Terms and Conditions. If you do not agree with any part of these terms, please do not access or use the Website.
If you have any questions about these Terms and Conditions, please contact us at nancy@fsbomadison.com
Last updated: February 20,2024
