Welcome to SaleByOwner.com!
Purpose of Web Site: Restrictions on Use. The purpose of this Web Site is solely to assist homeowners in selling their own homes. We consider such use of the Web Site to be a personal use, in contrast to a commercial use. We define �commercial use� to mean use for the purpose of advancing business interests. You may not use this Web Site or its Content for any commercial purpose whatsoever, including without limitation as a lead generation source for your business. This means that you may not use this Web Site to do any of the following: collect, harvest or store personal data about other users including email addresses, or contact Sellers for any purpose other than responding to the content posted by such Sellers.
Copyright; Restrictions on Use. All information, content, services and software displayed on, transmitted through, or used in connection with this Web Site, including for example home listings, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by SaleByOwner.com, and its affiliated companies, licensors (including you) and suppliers. You may use the 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 Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to SaleByOwner.com, you may do so provided you agree to cease such link upon request from SaleByOwner.com. No other use is permitted without prior written permission of SaleByOwner.com. 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 Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any 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 Content. You may not scrape or otherwise copy our Content without express, written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through SaleByOwner.com, not to insert any code or product or manipulate the Content of SaleByOwner.com 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 Web Site. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.
Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to support@SaleByOwner.com.
Copyright Complaints. SaleByOwner.com respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any content placed on SaleByOwner.com by any third party without authorization from the owner of the copyright in that content, please contact us at Copyright Agent, 435 N. Michigan Ave., 6th Floor, Chicago, IL 60611, 312-222-4653 (ph.), 312-222-4206 (fax), firstname.lastname@example.org.
Membership and Registration. If you register as aSaleByOwner.com Member, you accept responsibility for all activities that occur under your ID and password, and agree not to sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your ID and password. If you believe someone has accessed SaleByOwner.com using your ID and password without your authorization, e-mail us immediately at support@SaleByOwner.com.
Because SaleByOwner.com uses e-mail to provide certain notifications and services to Members, all SaleByOwner.com Members must consent to receive e-mail from SaleByOwner.com. SaleByOwner.com Members will also be required to consent to receive e-mails from third parties if the Member requests information or a service that requires services from a third parties (e.g., an independent, local real estate agent).
User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, SaleByOwner.com, including for example communication during registration, communication on any SaleByOwner.com bulletin board, message or chat area, posting any listing or other content (including without limitation written, graphical or video content), placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; and (4) 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. Using a name other than your own legal name is prohibited (except in those specific areas of SaleByOwner.com that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).
For all such information and material, you grant SaleByOwner.com Corp., its affiliates and related entities,including Classified Ventures LLC (www.classifiedventures.com) and other Tribune Company affiliates, as well as all third-party affiliates and partners of SaleByOwner.com Corp , 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. Without limiting the generality of the previous sentence, you authorize us to share the information and material across all Tribune Company affiliated Web sites, to include the information in a searchable format accessible by users of SaleByOwner.com and other SaleByOwner.com Web sites, as well as third-party Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant SaleByOwner.com 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 SaleByOwner.com 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 SaleByOwner.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against SaleByOwner.com 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.
Transactions on Our Web Site. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. SaleByOwner.com cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
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 effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree SaleByOwner.com is not responsible for such errors or discrepancies.
Specifics about Interactive Areas and Posting Rules. SaleByOwner.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. We reserve the right to remove any Content posted on our site at any time for any reason. Decisions as to whether content, including email messages to Sellers, violates any Posting Rule will be made by SaleByOwner.com in its discretion after we have actual notice of such posting. All communications on the Web Site are logged and any user who sends any solicitation or fraudulent message to Sellers may have their IP address or email address blocked, or their Membership ID and password, and listings ID and password cancelled. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using SaleByOwner.com, you agree not to post material that:
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Communications with Third Parties through SaleByOwner.com and Links to Third-Party Web Sites. Your dealings or communications through SaleByOwner.com with any party other than SaleByOwner.com are solely between you and that third party. For example, certain areas of SaleByOwner.com may allow you to conduct transactions with third parties or purchase goods or services from third parties. Under no circumstances will SaleByOwner.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
During your visit to SaleByOwner.com you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. SaleByOwner.com is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
Minimum Technology Requirements for Users of the Web site.
Microsoft Internet Explorer 6 or higher
Mozilla FireFox 1.5 or higher
AOL 8 or higher
Safari 1.0 or higher
Windows 2000 or higher
Mac OS 10.3 or higher
General Disclaimer and Limitations of Liability. While SaleByOwner.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. SaleByOwner.com does not represent or warrant that use of any Content will not infringe rights of third parties. SaleByOwner.com has no responsibility for actions of third parties or for Content provided or posted by others.
USE OF SaleByOwner.com IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER SaleByOwner.com, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING SaleByOwner.com, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH SaleByOwner.com, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SaleByOwner.com OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES SaleByOwner.com WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. SaleByOwner.com AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
SaleByOwner.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. SaleByOwner.com DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SaleByOwner.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL SaleByOwner.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SaleByOwner.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, SaleByOwner.com, ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF SaleByOwner.com; (2) SaleByOwner.com'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ID, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users. SaleByOwner.com is controlled, operated and administered by SaleByOwner.com from its offices within the United States. SaleByOwner.com makes no representation that materials or Content available through SaleByOwner.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use SaleByOwner.com or export the Content in violation of U.S. export laws and regulations. If you access SaleByOwner.com from a location outside the United States, you are responsible for compliance with all applicable laws.
Miscellaneous. SaleByOwner.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of SaleByOwner.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.
SaleByOwner.com may modify, suspend, discontinue or restrict the use of any portion of SaleByOwner.com, including the availability of any portion of the Content at any time, without notice or liability. SaleByOwner.com may deny access to any person or user at any time for any reason. In addition, SaleByOwner.com may at any time transfer rights and obligations under this Agreement to any Tribune Company affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires SaleByOwner.com or any of their assets.
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to SaleByOwner.com must be filed in a federal or state court located in New York, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of SaleByOwner.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to SaleByOwner.com, and all other provisions for which survival is equitable or appropriate.
Additional Terms and Conditions apply to purchases of products and/or services offered by SaleByOwner.com
Contact Us. To contact SaleByOwner.com, please use the following:
230 West 200 South, Suite 3201
Salt Lake City, Utah 84101
How we gather information from users.
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. You can visit many pages on our site without providing any information. Other pages may prompt you to provide information, such as when you register as a member, or make a purchase. You may also provide information when you participate in sweepstakes and contests, voting and polling activities, message boards and chat rooms and other interactive areas of our site.
We use forms for you to request information, products and services. We collect financial information to bill you for the products and services you indicate. Like most Web sites, SaleByOwner.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use "cookie" technology. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but doing so may limit your ability to access certain portions of the site or may require you to re-enter your user name and password. Additionally we may not be able to customize the site's features according to your preferences.
What we do with the information we collect.
We will use your information only as permitted by law. Aggregated Information (information that does not personally identify you) may be used in many ways. As one example, we may combine information about your usage patterns with similar information obtained from other users to learn which pages are visited most or what features are most attractive. Aggregated Information may occasionally be shared with our advertisers and business partners, but cannot be used to contact you individually.
As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities or to protect and defend the property or rights of SaleByOwner.com. Please note we may not provide you with notice prior to disclosure in such cases.
Your choice to opt out.
Like other Internet businesses, we sometimes permit our advertising and promotional partners to e-mail you about services, features, products, special offers and unique content we believe might interest you. If you prefer not to receive e-mail communications sent directly from our advertisers or promotional partners, you will be given an opportunity to decline before you provide us information we might use for this purpose. If you decline at the time you provide us such information, we will not share the Personally Identifiable Information you provide with non-Affiliated advertisers for such purposes, though we may on occasion send you information on their behalf.
In addition, we provide some Personally Identifiable Information collected on SaleByOwner.com to independent, local real estate brokers and agents in order enhance the chance of locating willing buyers for a given property listing and/or to allow such broker and agents to offer additional services which may be of interest to you. If you decline at the time you provide us such information, we will not share the Personally Identifiable Information you provide with local brokers or agents.
Affiliated sites, linked sites and advertisements.
SaleByOwner.com expects its partners, advertisers and third-party affiliates to respect the privacy of our users. However, third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a SaleByOwner.com page, certain content that is actually created or hosted by a third party. Also, through SaleByOwner.com you may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. SaleByOwner.com is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
Please be careful and responsible whenever you are online. Should you choose to voluntarily disclose Personally Identifiable Information on our site, such as in message boards, chat areas or in advertising or notices you post, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of SaleByOwner.com and this policy.
SaleByOwner.com does not knowingly collect or solicit Personally Identifiable Information from or about children under the age of 13 except as permitted by law. If we discover we have received any information from a child under the age of 13 in violation of this policy, we will delete that information immediately. If you believe SaleByOwner.com has any information from or about anyone under the age of 13, please contact us at the address listed below.
We can be reached by contacting:
230 West 200 South, Suite 3201
Salt Lake City, Utah 84101
Changes to this policy.
SaleByOwner.com reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
This policy, the use of this Web site, and the Terms of Service are governed by Illinois law. Any claim related to the Site or this policy shall be brought in a federal or state court in Illinois, within one year after the claim arises. You agree no such claim may be brought as a class action. Users of SaleByOwner.com consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this policy. SaleByOwner.com is controlled, operated and administered entirely within the United States. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. You hereby consent to this transfer.