Maxfsbo, LLC’s Terms of Use
Updated April 23, 2022
Welcome to the Maxfsbo LLC’s (“Maxfsbo”) Terms of Use (the “Terms of Use”). You agree to be bound by the Terms of Use upon engaging in any of the following actions: registering or creating an account or using any websites or services provided by Maxfsbo (the “Services”); or by accessing, browsing, or otherwise using any content provided by Maxfsbo through or associated with the Services. Maxfsbo reserves the right to change the Terms of Use at any time with or without notice.
Effective Date. The Effective Date of the Terms of Use is set forth at the top of the Terms of Use. Maxfsbo reserves the right to, in its sole discretion, update, revise, or change the Terms of Use. Where feasible, Maxfsbo will make reasonable efforts to notify you of material changes to the Terms of Use. The use of, or engagement with, the Services following any revisions, updates, or changes to the Terms of Use constitutes your acceptance and agreement to the updated version of the Terms of Use. You waive any right you have to notice of changes to the Terms of Use and you are responsible for regularly reviewing the Terms of Use. If any clause or provision of the Terms of Use are declared invalid by a court or tribunal then the invalid clause or provision will be replaced with an enforceable clause or provision that mirrors the intent of the original clause or provision. Further, the invalidity of a clause or provision of the Terms of Use does not affect the validity of the remaining clauses and provisions of the Terms of Use and said remaining clauses and provisions will remain in full effect. Any section title utilized herein does not have legal effect and serves only for the convenience of the reader. The Terms of Use constitutes the entire agreement between you and Maxfsbo with respect to the Services and supersedes any and all prior communications between you and Maxfsbo with respect to the Services.
Privacy Policy. Maxfsbo will collect and store personal information in adherence to Maxfsbo’s Privacy Policy (the “Privacy Policy”). The Privacy Policy is incorporated hereto and made a part hereof the Terms of Use.
Purpose of Services. Maxfsbo and the Services may assist you in the browsing and review of various real estate parcels or listings. Maxfsbo is in no way, shape, or form acting as, or purporting to be, a licensed real estate brokerage or real estate agent.
Accounts and Registration. By creating an account, you are hereby representing and warranting that you are at least 18 years of age and that you will comply with the Terms of Use and all applicable laws and regulations. In connection with creating an account you may be asked for contact information such as a telephone, email address, mailing address, or other related information. You are solely responsible for the security of your account and password, and you are solely responsible for all actions taken by and through your account. By creating an account, you agree that you are responsible for all activities that occur through your account. It is a violation of the Terms of Use to share access to your account.
Intellectual Property. The Services are owned and operated by Maxfsbo. All elements of the Services including, but not limited to, the design, interfaces, information, products, graphics, software, data, and code provided in connection with the Services (“Maxfsbo’s Intellectual Property”) are exclusively the property of Maxfsbo. Except as expressly permitted by these Terms of Use, you may not use Maxfsbo’s Intellectual Property. Maxfsbo reserves all rights to Maxfsbo’s Intellectual Property. Any rights not granted herein are reserved.
Permitted Uses of the Services. Maxfsbo grants you a non-exclusive, non-transferable, limited, revocable, personal license (the “User License”) to use the Services. Any and all actions taken in connection with the User License are governed by and must comply with the Terms of Use. Maxfsbo reserves the right to alter, suspend, or discontinue the Services, or any portion thereof, without notice.
Prohibited Use of Services. Any activity that violates the Terms of Use immediately revokes the User License without notice. As a part of the User License, you agree not to use the Services:
• In any manner that discriminates against any individual or in a manner that, intentionally or otherwise, promotes illegal or unlawful discriminatory outcomes;
• To publish, reproduce, display, or otherwise publicize content which Maxfsbo, in its sole discretion, considers illegal, offensive, or objectionable including, without limitation, content that threatens, disparages, harasses any individual or individuals;
• In a manner that results in false representations to a third party;
• To create derivative works, copy, transmit, reproduce, distribute, license, or display any portion of the Services, including but not limited to any related content, information, data, or material published in connection with the Services, on third-party websites;
• In a manner that would constitute harassing or intimidating conduct, in a manner that would constitute a criminal offense, or that would violate any applicable laws;
• In any way, shape, form, or for any purpose that results in the infringement, misappropriation, or violation of any intellectual property rights or laws;
• In a manner that interferes with the security of the Services including, but not limited to, uploading malware, viruses, invalid data, or potentially harmful data or code;
•To distribute unsolicited messages, posts, or similar communications;
• To incorporate Maxfsbo’s identifying elements or trademarks in your account or with any email address;
• To access, reproduce, or emulate any of the Services to create competitive or similarly situated services and/or products;
• To encourage or conspire with a third-party individual or entity to engage in any of the prohibited activities described herein.
Deactivation of Account. Maxfsbo reserves the right in its sole discretion, to suspend, deactivate, or terminate your account and your access to the Services at any time. Maxfsbo is not liable for the suspension, deactivation, or deletion of your access or use of the Services. If you deactivate or delete your account, you remain obligated to pay any and all outstanding fees you have accrued or subscribed to in exchange for access to the Services.
User Content. There are webpages and components associated with the Services wherein you may upload content in forms including, but not limited to, data, listings, text, photographs, video, or other content (the “User Content”). By uploading User Content to the Services, you grant Maxfsbo a royalty-free worldwide, irrevocable, and in perpetuity license to distribute, use, copy, modify, create derivative works, reproduce the User Content in any other media and to sublease these rights within Maxfsbo’s discretion to Maxfsbo’s benefit. By uploading the User Content, you expressly understand that Maxfsbo will not compensate you, in any way, shape, or form, for your User Content or for Maxfsbo’s use or exercise of any rights related to the User Content. Maxfsbo expressly reserves the right to remove or modify the User Content at any time with or without notice. By uploading the User Content, you warrant and represent that you possess all proprietary, copyrighted, and/or licensed interests to upload the User Content. By uploading the User Content, you warrant and represent that you have the authority to authorize Maxfsbo to exercise the licenses granted by you delineated within these Terms of Use. Maxfsbo does not grant
any rights to the User Content outside of that permitted by the Terms of Use. Any use of the User Content is subject to Maxfsbo’s permission.
User Content Disclaimer. Maxfsbo will not be, in any way, responsible or liable for any User Content. Further, you acknowledge that Maxfsbo is under no obligation to edit the User Content of any other User. Maxfsbo expressly reserves the right to, without notice, remove, modify, or block any User Content that in Maxfsbo’s sole judgment violates these Terms of Use or that Maxfsbo finds objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Maxfsbo with respect to User Content. You understand and acknowledge that when using the Services, you may be exposed to User Content that may be inaccurate, offensive, or objectionable. Maxfsbo expressly disclaims any and all liability in connection with User Content.
Fees. You may be required to pay fees and/or costs in connection with the use of the Services. Maxfsbo will provide notice of any changes relating to fees. If you refuse to accept the changed fee, Maxfsbo reserves the right to deactivate your access to the Services. All fees are non-refundable.
Payment of Fees. Where applicable, Maxfsbo’s third-party payment processor(s) will charge the corresponding payment method you identified and thereby authorized at the time of purchase of the Services. By identifying a payment method at the time of purchase of the Services, you authorize us to charge all fees as described in these Terms of Use for the Services you selected to that payment method.
Advertisements. You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, Maxfsbo may serve advertisements based on the information Maxfsbo collects through the Services. See the Privacy Policy for more details.
Communications. Upon creating an account or using the Services, you agree and consent to receive communications from Maxfsbo, in electronic or physical form, in accordance with Maxfsbo’s Privacy Policy.
Copyright Infringement. If you believe your intellectual property has been reproduced without permission, please notify Maxfsbo by mail or email so that the matter may be investigated accordingly. Reports of copyright infringement can be sent by mail to Maxfsbo, 3000 Stonewood Drive, Suite 320, Wexford PA 15090 or by email to kurt@kashmortgagegroup.com. In your report, please (1) identify the copyrighted work you believed has been infringed; (2) identify the infringing material specifically; (3) identify your contact information including address, telephone number, and email address so that Maxfsbo may contact you concerning your report; (4) provide a signed statement, under the penalty of perjury, indicating you have a good faith belief that the identified content infringes on copyrighted material.
Indemnification. You agree to defend, indemnify, and hold harmless Maxfsbo, its affiliates, its directors, officers, employees, and agents from any and all claims and demands made by any third party arising out of or due to: (i) your use of or access to the Services; (ii) your violation of any law or third-party rights; or (iii) your breach of the Terms of Use. Maxfsbo reserves the right to assume the exclusive defense of any matter subject to your indemnification and you agree to cooperate with Maxfsbo’s defense of said claim.
Choice of Law and Arbitration. The Terms of Use and your use of the Services are governed by the laws of the Commonwealth of Pennsylvania. Maxfsbo makes no representation that the Services are available for use in other locations. By using the services, you agree that all disputes between you and Maxfsbo will be resolved by binding individual arbitration. Further, you agree that you waive your right to participate in a class-wide arbitration or in a class-action lawsuit regarding any dispute brought against Maxfsbo. The arbitration will be administered by the American Arbitration Association (“AAA”) and in accordance with the Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. If you do not wish to be bound by this arbitration notice, you must notify Maxfsbo in writing by contacting kurt@kashmortgagegroup.com within 30 days from the date that you first access, purchase, subscribe to, or register for the Services. You must include your full name and address, the component of the Service you accessed, and a statement indicating you do not wish to resolve claims with Maxfsbo through arbitration and that you do not waive your right to bring a class action in court.
Disclaimer. Maxfsbo assumes no responsibility for any result or related, directly or indirectly, to any action or inaction that you take based on the Services or any other information available through or in connection with the Services. To the full extent permitted by law, Maxfsbo, its officers, directors, employees, agents, licensors, affiliates, and successors in interest no promises, warranties, or representations as to the Services including the Services completeness, accuracy, availability, timeliness, security or reliability; provides Services on an “AS IS” basis and any risk of using the Services is assumed by you; (3) disclaim all warranties, express or implied, as to the merchantability, accuracy, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with the Services. Maxfsbo is NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Maxfsbo, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions may restrict or prohibit a disclaimer or warranties and as such these disclaimers and limits may not apply.
Limitation of Liability. By using the Services, you agree that in no event will Maxfsbo or its affiliates be liable for damages of any kind including, but not limited to, indirect, economic, lost profits, lost revenues, consequential, special, punitive, or incidental arising out of or based on your use of the Services. In no event shall such liability exceed $100.00 or the amount you paid in connection with the use of the Services in the preceding calendar year, whichever is lesser. To the maximum extent permitted by law, Maxfsbo assumes no liability for any (i) typographical errors, mistakes, or incorrect information published in connection with the Services; (ii) personal injury or property damage arising or resulting in connection with the use of the Services; or (iii) any malware transmitted through the Services or in connection with a third-party service.