Terms

TERMS AND CONDITIONS OF SERVICE OF FSBO WEEKLY LLC

(“the Agreement”)

The Agreement was last updated on 11/4/2017.

INTRODUCTION

1. 1. Thank you for browsing ourwebsite and/or placing an order with FSBO Weekly LLCa site operated by FSBO Weekly LLC(“the
  Company”) with its registered address at 530-B Harkle Road, Suite 100, Santa Fe, NM, 87505and its website at ‘https://www.fsboweekly.com’(“Website”).
2. 2. By browsing the contents on the Website and/or placing an order, clicking to accept this Agreement or using and/or accessing
  any of the Company or related services (as the case may be), you agree to all the terms and conditions of the Agreement.
3. 3. If you are using or ordering the Company’s service(s) or related service(s) on behalf of a Company or other entity, then
  “Customer” or “You” means that entity, and you are binding that entity to the Agreement.You represent and warrant that you
  have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered
  into by an employee or agent with all necessary authority to bind that entity to the Agreement.

GENERAL

1. 4. The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the
  Company and the Client from time to time) constitute the entire agreement between the parties and supersede any previous
  agreement(s) or understanding(s) and may not be varied except with notice from the Company.
2. 5. No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver
  of that right, and no waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of
  any subsequent breach of the same or any other provision.

DEFINITION AND INTERPRETATION

1. 6. The following words used herein have the following definitions and meanings :-
  1. 6.1 ‘Authorised Users’ refers to the Client’s employees, agents, contractor, third parties, staffs or any entity that is
    duly authorised to act on behalf of the Client.
  2. 6.2 ‘Client’ refers to you as the receiver of the Services and will also include inter alia, to your employees, agents,
    contractor, third parties, staffs or any entity that is duly authorised to act on behalf of you.
  3. 6.3 ‘Parties’ collectively refers to ‘the Company’ and its employees, agents, contractor, third parties, staffs or any entity
    that is duly authorised to act on behalf of the Companyfor the carrying out of the Services as the Service Provider and ‘You’
    as the Client and its authorised agents, contractors, employees or any entity duly authorised for and on behalf of you.
  4. 6.4 ‘Services’ refers to theCompany’s subscription services for leads to real estate broker as hereinafter displayed on
    the Website (as the case may be) (subject to change).
  5. 6.5 ‘Service Provider’ refers to the Company and/or its employees, agent, contractor, third parties, staff or any entity
    that is duly authorised to act on behalf of the Companyfor the carrying out of the Services.
  6. 6.6 ‘We, Us or Our’ refers to the Company and its employees, agents, contractor, third parties, staffs or any entity that
    is duly authorised to act on behalf of the Companyfor the carrying out of the Services.
  7. 6.7 ‘You or Your’ refers to the Client.

THE SERVICES

1. 7. General terms of Services
  1. 7.1 The Company shall provide the Services to the Client subject to the terms and conditions contained herein or any other
    reference to documents referred to by the Companyto the Client or such other terms and conditions as may be agreed in writing
    between the Companyand the Client.
  2. 7.2 The Companyshall provide to the Client the Services as specified on the Company’s website.
  3. 7.3 If in any event, the Companyis unable to provide the Services, it will inform the Client as soon as reasonably possible.
2. 8. Responsibilities, Obligations and Due Diligence
  1. 8.1 At the absolute discretion of the Company, it will provide the Client with the Services in its best endeavour tothe
    Client.
  2. 8.2 In the event that the Companyis unable to provide the Services within a reasonable period from the dates(s) and time(s)
    and the Companyhave agreed or notified the Client then the Client will have the rights subject to the terms and conditions
    contained herein to exercise the Client’s option to wait until the Companyis available to start performing the Services.
  3. 8.3 In the event that the Company has begun performance of the Services and the Client has in the course of exercising your
    right of termination of the Agreement pursuant to the provision contained herein, the Client will be liable to pay for any
    Services incurred by the Companyup to the date of termination of the Agreement.
  4. 8.4 Without limitation to any of the rights contained herein and contractual remedies, the Company reserves the right to
    claim for any loses and damages incurred as a result of the termination.
  5. 8.5 The Client shall not request the Company to perform Services which are immoral or unlawful in nature. The decision will
    be at the absolute discretion of the Company.
  6. 8.6 The Client shall endeavour to provide the Company with as much detailed information as possible regarding the Services
    under request in order for the Companyto provide excellent services.
  7. 8.7 The Client shall not request the Company to perform Services to, from and for people or places where the Company’s staffs,
    employees, agents and any other duly authorised entities of the Companymay experience any form of abuse, bodily harm or death.
3. 9. Payment
  1. 9.1 The Company’s respective subscription prices as displayed on the Website for its services are collectively referred
    to as the “Charge”.
  2. 9.2 The Company requires payment for Services to be made prior to the performance of the Service.
  3. 9.3 The Company shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Client
    before any payment is made.
  4. 9.4 All payments made to the Company via Credit Card transactions are liable to a [*]% handling charge. This handling charge
    of[*]% is added to the total sum owing to the Company by the Client.
  5. 9.5 Your credit/debit card will automatically be charged subscription fee at the regular price each month until you cancel.
4. 10. Termination and Refunds
  1. 10.1 After the Parties have entered into the Agreement, any refunds may only be requested, subject to the final discretion
    of the Companywhen performance by the Companyhas not begun.
  2. 10.2 Any refunds made by the Companywill be with reduction of the direct costs including any handling costs.
  3. 10.3 Without prejudice to any other rights and remedies available, the Companyshall have the right to terminate the Agreement
    for the provision of all or any of the Services upon written notice if the Client commits a serious breach of the terms and
    conditions contained herein.The Companyreserves the right to claim against the Client including but not limited to losses
    and damages as a result of the termination by the Client.
  4. 10.4 On termination for any reason whatsoever, the Client shall immediately make payment to the Company of all and any sums
    outstanding and owing to the Company.
  5. 10.5 In the event that a deposit is paid by the Client, at the sole discretion of the Company, the deposit will be retained
    by the Companyand for the necessary deduction of the Company losses and costs without prejudice to its rights to further
    claim damages against you.

LIABILITY, EXCLUSION AND LIMITATIONS

1. 11. The Company warrants to the Client that it shall use all of its reasonable endeavours to provide the Services using
  reasonable care and skill and as far as reasonably possible, in accordance with the Client’s request.
2. 12. The Companywill not exclude or limit liability for its negligence or negligent omission which causes personal injury
  or death.
3. 13. The Companyshall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect)
  resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction
  of the Companyhas knowingly acted in a negligent manner.
4. 14. The Companyshall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation
  arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or any other fault
  of the Client.
5. 15. The Company shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing,
  or any failure, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause
  beyond the Company’s reasonable control.
6. 16. Subject to the provisions of the terms andconditions contained herein, the maximum liability of the Companyto the Client
  for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has
  at such time been paid by the Client in full).

DISCLOSURE OF INFORMATION

1. 17. All private information shall be governed by the Privacy Policy on the Website.
2. 18. Unless the Companyreceives notice from the Client to the contrary, the Companyshall from time to time provide to the
  Client (by post, telephone or email) such information in relation to the Services that the Company considers may be of interest
  to the Client.

AMENDMENTS

1. 19. The Companymay update or modify this Agreement from time to time. If the Companymodifies the Agreement during the Services,
  the modified version will take effect upon the next Service.
2. 20. Client may be required to check the update version from time to time after the modified version takes effect, in any
  event the continued use of the Services shall constitute acceptance of the modified version.

SEVERABILITY

1. 21. If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that
  provision will be limited to the minimumextentnecessary so that this Agreement may otherwise remain in effect.

FORCE MAJEURE

1. 22. Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment
  obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act
  of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or
  government act.

SUBPOENAS

1. 23. Nothing in the Agreement prevents the Companyfrom disclosing Client information and data to the extent required by law,
  subpoenas, or court orders, but the Companywill use commercially reasonable efforts to notify Client where permitted to do
  so.

ASSIGNMENT

1. 24. The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may
  assign the Agreement without the advance written consent of the other party, except that the Companymay assign the Agreement
  without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially
  all of its assets or voting securities.

ENTIRE AGREEMENT

1. 25. The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter.
  It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to the Companyor
  any other subject matter covered by this Agreement.

INCORPORATION

1. 26. The Agreement, shall unless otherwise suggested, incorporate all terms and conditions contained and set out in the Privacy
  Policy and other written documents deemed appropriate by the Company including, without limitations, the contents
  on the Website.

GOVERNING LAW, JURISDICTION AND VENUE

1. 27. This Agreement is governed by the laws in the state of New Mexico, without regard to choice or conflict of law rules thereof.

28. The Company welcomes your questions or comments regarding the foregoing Terms.
Email : info@fsboweekly.com

Effective as of 11/4/2017

Terms

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