Terms of Usage Agreement
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Your use of FRBO.com is governed by and
conditioned on your consent to the Terms of Usage
Agreement. By using FRBO.com, the agree
to the Terms of Usage, you agree to be bound by the terms and
conditions of this Agreement.
THIS AGREEMENT (the "Agreement") is hereby entered
into between FRBO.com and the person accessing this site
("You") on the following terms and conditions:
1. Agreement. This Agreement governs Your relationship with
FRBO.com and Your use of FRBO.com, as described
more fully in Section 2 ("Online Services"). The Agreement
is comprised of the provisions that follow and any additional or
different terms that may from time to time be implemented under
Subsection (b)("Changes to Agreement") by
FRBO.com.
Changes to Agreement. FRBO.com may change or add
provisions to this Agreement from time to time in its sole discretion
by publishing a notice in the OnLine Service. Any change to this
Agreement will be effective upon publication. Your continued use of
FRBO.com after the effective date of any amendment to this
Agreement will constitute Your acceptance of the amendment. If You do
not agree with a proposed change, You may exercise Your termination
rights under Section 10 ("Term & Termination").
2. OnLine Services. FRBO.com may make available to
You certain features, such as file libraries, electronic mail,
discussion forums and live chat areas (collectively, "OnLine
Services"). FRBO.com may in its sole discretion
change, add or discontinue features and access privileges available
through the OnLine Services at any time.
Third Party Suppliers. Certain features in the
FRBO.com ®may be provided by Third Party Suppliers hosted on
or accessed through a gateway provided by the FRBO.com.
Third Party Suppliers may change, add or discontinue a feature at any
time without notice. FRBO.com has no direct editorial
control over and is not a republisher of content disseminated through
the OnLine Service by Third Party Suppliers. FRBO.com is
not a party to any transaction between You and any Third Party
Supplier selling goods or services through FRBO.com.
FRBO.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES
REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY SUPPLIERS. YOU
WILL LOOK SOLELY TO THE THIRD PARTY SUPPLIER FOR ALL CLAIMS REGARDING
SUCH GOODS OR SERVICES.
User Content. FRBO.com is comprised of both Public
Areas and Private Mail. Public Areas are those features that are
generally accessible to other users, such as file uploads, group
electronic mail and contributions to discussion forums and live chat
areas. The materials You upload or post to Public Areas are known as
"Public Contributions." Private Mail is electronic
correspondence sent by You to particular individuals You select.
(i) Regulation of OnLine Conduct. FRBO.com is a mere
distributor and has no practical ability or responsibility to
prescreen or editorially control the content of Public Contributions.
FRBO.com reserves the right (but does not assume the
responsibility) to remove from Public Areas any Public Contribution
brought to its attention which it deems detrimental to the OnLine
Services or any person. You agree not to make any Public Contribution
which violates or infringes the rights of any other person or which a
reasonable person would consider abusive, profane or offensive, which
is defamatory or harassing, or which violates or encourages others to
violate this Agreement or any applicable law. You will not send
so-called "chain letters," pornographic or obscene graphic
images (e.g., GIF or JPEG), and You will not impersonate
FRBO.com personnel or disrupt the orderly presentation of
content. In order to protect itself, FRBO.com may without
liability actively cooperate with and furnish identifying and
supporting information to any person likely to be harmed by Your
violation of these provisions. You also agree not to make Public
Contributions that encourage others to become members of competitive
information services or advertise products or services other than
through channels or areas of the OnLine Service approved by
FRBO.com.
(ii) Private Mail. It is FRBO.com's policy to
respect the privacy of Private Mail. FRBO.com will not
intentionally disclose the content of Private Mail to anyone other
than the addressee, authorized recipients or to those who provide
forwarding or delivery services, without the consent of the sender,
the recipient or as required by law. FRBO.com reserves the
right to examine Private Mail if it reasonably believes You or another
User have violated this Agreement, any applicable law or if disclosure
is required by court order or law enforcement authorities.
FRBO.com may periodically delete unread or archival copies
of Private Mail at published intervals and upon termination of an
Account. You should make and store offline backup copies of all
Private Mail that You wish to preserve.
3. Cookie/Tracking TechnologyThe Site may use cookie and
tracking technology depending on the features offered. Cookie and
tracking technology are useful for gathering information such as
browser type and operating system, tracking the number of visitors to
the Site, and understanding how visitors use the Site. Cookies can
also help customize the Site for visitors. Personal information
cannot be collected via cookies and other tracking technology,
however, if you previously provided personally identifiable
information, cookies may be tied to such information. Aggregate
cookie and tracking information may be shared with third parties.
The Site or the advertisers on the Site may use cookies
and/or web beacons to collect data in the ad serving process.
You can refuse cookies by turning them off in your browser. If you've
set your browser to warn you before accepting cookies, you will
receive the warning message with each cookie. You do not need to have
cookies turned on to use this site. However, you do need cookies to
gain to fully utilize functionalities of the website.
4. Use of FRBO.com. You certify that You are not a
minor. Additionally, to the best of Your knowledge and belief,
information provided by You during the registration of an Account is
truthful, accurate and complete. During registration, You will be
assigned a unique Account Number and User ID Number. A secret password
for obtaining access to the OnLine Services through Your account will
be assigned by FRBO.com. It is Your responsibility to
safeguard and protect your User ID Number and password from disclosure
or use by others. You will promptly notify FRBO.com if You
have reason to believe Your account is being accessed or used by
others. YOU ARE LIABLE FOR CHARGES POSTED TO YOUR ACCOUNT, INCLUDING
UNAUTHORIZED CHARGES YOU COULD REASONABLY HAVE PREVENTED. Permitted
Uses. You are granted during the Term of this Agreement a
non-exclusive, nontransferable, limited license to access and make
"Permitted Use" of the OnLine Services. For these purposes,
Permitted Use means to execute Remote Access Software supplied by You
(or available System Commands) to display information derived from the
FRBO.com on Your computer or terminal screen, to download
and store in nonvolatile memory insubstantial parts of such
information in machine readable form for periods not exceeding ninety
(90) days, and to print a reasonable number of copies of such
information. The information obtained from FRBO.com may be
used in Your personal or business activities and as part of work
product distributed in electronic format to clients. In addition, You
may download, store, load and execute on your Remote Access Equipment
any JAVA applets or similar client-side routines made available by
FRBO.com for such purpose.
Prohibited Uses. Except as authorized under Subsection (b)
("Permitted Uses"), You may not display, copy, download,
store, reproduce, transmit, distribute, resell or otherwise
commercially exploit any part of FRBO.com, including any
data or information derived from FRBO.com, in any format or
through any technology or media now existing or hereafter developed.
You are specifically prohibited from disseminating any part of
ForLeaseByOwner, data or information in a manner that potentially
would usurp the market for the OnLine Services, including transmittal
of copyrighted material through Private Mail or Public Areas of the
FRBO.com without the owner's prior authorization.
No Assignment. You may not assign, transfer, sublicense, rent,
lease or loan any of Your rights, nor delegate any of Your obligations
under this Agreement and any attempt to the contrary shall be void and
a material breach of this Agreement.
5. Price, Payment & Refunds. All prices for listing property on
ForLeaseByOnwer.com are published and periodically updated directly
online.
Payment & Late Charges. Unless otherwise agreed in writing,
all charges by FRBO.com for shall be billed to Your credit
card or invoiced for the Billing Period (payable on upon receipt). You
will pay all sales, use, value-added, personal property or other
governmental tax or levy imposed on the goods or services provided to
You (including interest and penalties imposed thereon) other than
taxes based on the net income or profits of FRBO.com. If
You fail to pay any amount when due, then this Agreement may, at
FRBO.com's option, be suspended or terminated. You agree to
pay all costs of enforcement, including reasonable legal fees.
Refunds. FRBO.com will refund the pro rata
listing fee assuming a request for refund is received in writing
within 30 days of the initial payment for the listing. The
request for refund should be sent to
FRBO.com, LLC
Attn: Refunds
3401 Needles Drive
Austin, TX 78746
The request should include customer name and address, Property ID,
method of initial payment and reason for request.
6. Copyrights and Intellectual Property. You agree that all
right, title and interest (including all copyrights and other
intellectual property rights) belong exclusively to
FRBO.com or other owner designated in the OnLine Services.
You may retain copyright in each Public Contribution made through Your
account to the OnLine Service. You grant FRBO.com and its
users a royalty free, perpetual, irrevocable non-exclusive license to
use, copy, modify, prepare derivative works of and redistribute such
Public Contributions (in whole or in part) on a world-wide basis
through technologies now existing or hereafter developed.
FRBO.com retains exclusive ownership of all
"compilation" and "collective work" copyrights in
the selection, coordination and arrangement of materials in the OnLine
Service as a whole.
Certain Trade Secrets. The OnLine Services are provided to You
in machine readable form. You agree not to disassemble, decompile or
reverse engineer any of the OnLine Service features. You also agree
that any information obtained in violation of this restriction will be
confidential information automatically and irrevocably deemed assigned
to and owned exclusively by the owner of the original feature. You
will at all times use due diligence to safeguard and protect all such
confidential and proprietary information.
Identifying Marks. You will ensure that all marks, notices or
legends pertaining to the origin, identity or ownership of the OnLine
Services and any data, information or other content obtained from such
OnLine Services remain intact and clearly legible.
7. Force Majeure. FRBO.com is excused from any
failure or delay in performance of responsibilities otherwise imposed
by this Agreement for any cause beyond its reasonable control. Such
causes include, without limitation, fires, floods, storms,
earthquakes, civil disturbances, disruption of telecommunications,
transportation, utilities or necessary supplies, governmental action,
computer viruses and incompatible or defective equipment, software or
services not supplied by FRBO.com.
8. Warranties. The following provisions are subject to Section
9 ("Limitation of Remedies & Liabilities"). You warrant
that any User Content uploaded by You to the OnLine Service will not
infringe or misappropriate any copyright, trademark, patent, or the
trade secrets of any third persons, or otherwise violate this
Agreement or any applicable law. You will defend, indemnify and hold
FRBO.com harmless from all liability and expense (including
attorney fees) arising from any claim to the contrary and from any
breach by You of the provisions of this Agreement regulating User
Content. You also agree to have all User Content contributed through
Your account screened for software viruses and will use due diligence
to remove any viruses capable of being detected with commercially
available detection programs.
Third Party Content. FRBO.com is a distributor (and
not a publisher) of any features, contributions or content supplied by
third party vendors and users to the OnLine Service. It has no more
editorial control over such content than does a public library, book
store or newsstand. As such, FRBO.com is not responsible
for screening, policing, editing or monitoring such content. If
notified of allegedly infringing, defamatory, damaging, illegal or
offensive material, FRBO.com may investigate the allegation
and determine in good faith and in its sole discretion whether to
remove or request the removal of such material from the OnLine
Services. If FRBO.com elects to perform (or not to perform)
any such activities, it shall be held harmless from all claims so long
as it acts in good faith.
Disclaimer. You agree that the OnLine Services are provided
strictly on an "as is" and "as available" basis
without any express or implied warranty, guarantee or other assurance
of quality, conformity with specifications, reliability or
functionality. You accept all risk concerning suitability, use,
performance or nonperformance of the OnLine Services.
FRBO.com MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND
DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS
FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
9. Term & Termination. This Agreement shall continue in
full force and effect until terminated by either party upon thirty
(30) days' notice. Notwithstanding the foregoing, (i)
FRBO.com may suspend or terminate this Agreement at any
time without notice if You breach any provision of it, and (ii) You
may terminate this Agreement at any time if You do not agree to any
amendment published under Section 1(b)("Changes to
Agreement").
Effect of Termination. Termination of this Agreement will
terminate Your right to access or use the OnLine Services. Termination
will have no effect on payment of amounts due under Section 4
("Price & Payment"), proprietary rights and obligations
under Section 5 ("Copyrights and Intellectual Property"),
indemnifications or disclaimers under Section 7
("Warranties") or continuing assurances made under Section
10 ("Export Regulations").
10. Disputes, Choice of Law. THIS AGREEMENT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED
STATES AND TEXAS, AND ANY ACTION SHALL BE INITIATED AND MAINTAINED IN
A FORUM OF COMPETENT JURISDICTION IN SUCH DESIGNATED STATE. ANY ACTION
OR OTHER PROCEEDING BY YOU SHALL BE INITIATED WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION AROSE, OR BE BARRED.
11. Export Regulations. The transfer of technology across
national boundaries is regulated by the U.S. Government. You agree not
to export or re-export (including by transmission) any data or
technology derived from the OnLine Service without first obtaining any
required export license or governmental approval. This provision and
the assurances made herein shall survive termination of this
Agreement.
12. U.S. Government Restricted Rights. The OnLine Service
(including Documentation) is a "computer data base" that
constitutes "restricted computer software" and is provided
with RESTRICTED RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions as set forth in the Rights in
Commercial Computer Software clause at DFARS 227.7202-3 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights clause at 48 CFR 52.227-19, as applicable. The
Contractor is FRBO.com, located at 3401 Needles Dr, Austin, TX 78746.
13. Notice to California Users. Under California Civil Code
Section 1789.3, California Users are entitled to the following
consumer rights information:
Pricing Information. Current prices and rates for using the
OnLine Service may be obtained by calling 404-704-5182.
FRBO.com reserves the right to change, increase or
implement additional fees or prices, as provided in Section 1(b)
("Changes to Agreement").
Complaints. The Complaint Assistance Unit of the Division of
Consumer Services of the Department of Consumer Affairs may be
contacted in writing at 1020 North Street, Suite 501, Sacramento,
California 95814, or by telephone at (916) 445-1254.
14. Miscellaneous. This Agreement constitutes the entire and
exclusive agreement between the parties with respect to this subject
matter and supersedes all other communications, whether written or
oral. This Agreement may be amended as provided in Section
1(b)("Changes to Agreement"). Any other amendment shall
require a writing signed by FRBO.com, regardless of any
course of conduct or trade practice between the parties. This document
and Your acceptance as indicated by pressing "I accept"
shall be considered an original document with authenticated signature
admissible into evidence unless the document's authenticity is
genuinely placed in question. You may issue a purchase order for
administrative convenience, but it will have no substantive effect on
the terms or conditions of this Agreement. Any provision hereof found
by a tribunal of competent jurisdiction to be illegal or unenforceable
shall be automatically conformed to the minimum requirements of law
and all other provisions shall remain in full force and effect. Waiver
of any provision hereof in one instance shall not preclude enforcement
of it on future occasions. Headings are for reference purposes only
and have no substantive effect.
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