Terms and Conditions – For Sale By Owner

DISCLAIMER OF WARRANTIES

This web 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 5. 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 Web site. The Web site materials may be out of date, and Company makes no commitment to update the Web site materials or otherwise monitor same. Company does not and cannot guarantee or warrant that the files available for downloading from the Web 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 Web site, including any software, materials, products, or services, will be uninterrupted or error-free or that any defects in the Web 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 Web site will meet your requirements, that the Site will be secure or error or virus free, or that defects in the software driving the Web site will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Web 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 Web 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 Web 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 Web site, or the scope of dissemination of any property listed on the Web site. Company makes no warranties whatsoever regarding the ownership, authority to sell or condition of any property listed on the Web site, or the sincerity or ability to pay of any potential buyer The Company makes no warranties regarding the quality or quantity of telephone calls, email or other inquiries received by users that advertise on the Web 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 Web site. The Company makes no warranties regarding the quality or quantity of properties listed on the Web site for sale. The Company makes no warranties regarding the quality of the service providers that advertise on the Web site or regarding the services or goods provided by same. The Company makes no warranties regarding the ability of a Web site user to access or use the Web site, or purchase services or goods made available on the Web 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 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 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 and any information contained thereon, or the inability to use the Web site, or (iv) 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. If your use of the materials or information from this Web site results in the need for servicing, repair or correction of equipment or data, you are responsible for all costs thereof. Your sole and exclusive remedy under this Agreement is to discontinue use of the Web site.

INDEMNIFICATION

You agree to immediately notify Company of and defend, indemnify and hold the Company and its shareholders, subsidiaries, affiliates, directors, officers, employees and agents harmless from, any claim, loss, or demand (including reasonable attorneys’ fees and costs) made by any third party arising out of or a result of (i) your use of the Web site (including the unauthorized use of your account or any other breach of security known to you); (ii) the violation of any term of this Agreement by you; (iii) the direct or contributory infringement by you, or another user using your account, of any intellectual property any person or entity; or (iv) any information you obtained from the Web site.

USER SUBMITTED INFORMATION

You are solely responsible for the contents of your submissions or messages intended for the Company or third parties, made to or sent from NHS or otherwise. You agree to provide true, accurate, current and complete information and to maintain and promptly update such information to keep it true, accurate, current and complete. You warrant that you own and are authorized to offer for sale and to sell any property you submit to the Web site for listing. You represent and warrant to the Company that any information, photographs, images, graphics, video records or the like, virtual tours, drawings, written descriptions, remarks, narratives. Pricing information and other copyrightable elements relating to your property listing do not violate or infringe upon the rights, including any copyright rights, of any person or entity.

FEE, REFUNDS AND CANCELLATION

You will pay $100 to Company ™ for 2 months posting on FSBO site. This is non-refundable. All future charges shall be at the then-advertised price for the service(s) selected, and must be paid by direct charge to a credit card or via PayPal. Once your property listing is posted on the site, you agree that all sales are final, and there are no credits or refunds whatsoever. You may contact us to remove your listing at any time at fsbo@nebhomesales.com. Failure to responds to emails or phone calls from Nebraska Home Sales to verify the status of your listing will result in immediate removal from this site.