RealSimpleListing.com provides the services to you, subject to and under the following Terms and Conditions (the “Terms” or the “Agreement”). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON RealSimpleListing.com YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. In these Terms, “Web site” refers to RealSimpleListing.com “You” refers to users of RealSimpleListing.com. “Customers” refers to users who purchase any product or Service on RealSimpleListing.com, including without limitation listing their properties on the Web site. The words “we,” “us,” and “our” refer to RealSimpleListing.com. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.

1. Access and Registration.

If you open an Account at RealSimpleListing.com, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access RealSimpleListing.com using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access RealSimpleListing.com using your name in whole or in part without our permission. If you believe someone has accessed RealSimpleListing.com using your user name and password without your authorization, e-mail us immediately at the address listed below.You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access RealSimpleListing.com through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive for a period of one (1) year.

2. Customer Listing, Password, and Security.

Customers may create a user name (your e-mail) and password. Customers are responsible for maintaining the confidentiality of their user names and passwords. You, as a Customer, are solely responsible for all activities that occur under your user name and password. As a Customer, you agree to immediately notify us of any unauthorized use of your user name and password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME AND PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as Customer, agree that we may terminate your Account if it remains inactive for a period of one (1) year.

3. Customer Responsibilities.

In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, NONCOMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the Web site and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on RealSimpleListing.com, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever.

4. Customer Responsibilities Concerning Property Listings.

• Property Listing. Customers can cancel listings online, can send a cancellation request via e-mail at least one (1) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to cancelmysubscription@realsimplelisting.com or call (336) 793-0660. You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled. If you have not received a confirmation, cancel your listing online.
• MLS Service. You acknowledge that the RealSimpleListing.com Web site listing and MLS listing are sold separately. MLS Listing applications must be submitted promptly after receipt.RealSimpleListing.com is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. Accordingly, all MLS listings are handled by an independent, local real estate broker/agent who will contact you in order to contract with you separately. The MLS Listing expires after six (6) months or sooner if you choose to cancel your subscription. IF YOU OBJECT TO ANY MODIFICATIONS TO THE MLS SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE MLS SERVICES. CONTINUED USE OF THE MLS SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE MLS SERVICES AS SO MODIFIED.

5. Refunds.

Under certain limited circumstances, RealSimpleListing.com may refund the purchase price or a portion of the purchase price for Services purchased from RealSimpleListing.com.

• Customer Obligations concerning Cancellation. In certain cases in its sole discretion, RealSimpleListing.com will attempt to make commercially reasonable efforts to accommodate its users and Customers that purchase products or the Services from RealSimpleListing.com and subsequently attempt to cancel such purchase. However, it is ultimately your responsibility to promptly inform RealSimpleListing.com that you are canceling a purchase and RealSimpleListing.com is under no obligation to make accommodation for users of Customers that attempt to cancel.RealSimpleListing.com IS NOT RESPONSIBLE FOR AND NEED NOT HONOR CANCELLATION REQUESTS THAT IT DOES NOT RECEIVE OR DOES NOT RECEIVE IN A TIMELY FASHION.
• Voiding Charges within 24 Hours of Purchase. If you or Customers or purchasers of a product through the RealSimpleListing.com on-line shop or the Services notify RealSimpleListing.com in writing of a cancellation within 24 hours of a purchase of a product or the Services, then RealSimpleListing.com will void, reverse, or credit the charges on such purchase.
• Refund and Change Policy after 24 Hours from Purchase of Services. For all Services/plans AFTER 24 HOURS FROM YOUR PURCHASE OF THE SERVICES, THERE IS NO REFUND FOR ANY REASON.
• Refund and Changes for MLS Services. Because the MLS is a third-party service and you are contracting with a local real estate agent and not directly or through RealSimpleListing.com, refunds and change orders and related charges, if any, will be handled by the listing agent.
• Requests for Refunds, or Uploads with respect to Monthly Subscription. With respect to the Monthly Subscription you may cancel your Monthly Subscription. There is no pro-ration for canceling a Monthly Subscription within a 30-day period. That is, if you cancel a Monthly Subscription 24 hours after the renewal date and/or part-way through a 30-day cycle, YOU WILL NOT RECEIVE ANY PRO-RATED REFUND. IT IS YOUR RESPONSIBILITY TO USE THE AD CANCELLATION FEATURE TO CANCEL THE MONTHLY PLAN. IF YOU FAIL TO DO SO, YOU ARE LIABLE FOR AND MUST PAY RealSimpleListing.com ALL ASSOCIATED MONTHLY FEES.
• Technical Problems or Computer/Browser Requirements. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE WEB SITE (INCLUDING WITHOUT LIMITATION NOT BEING ABLE TO LOG IN TO YOUR ACCOUNT OR NOT BEING ABLE TO UPLOAD PHOTOS) THAT REMOVE YOUR PROPERTY LISTING, CHANGE YOUR PROPERTY LISTING, OR CAUSE YOUR PROPERTY LISTING NOT TO BE DISPLAYED. YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A FAILURE TO VIEW YOUR PROPERTY LISTING THAT IS DUE TO YOUR COMPUTER’S OR YOUR BROWSER’S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS RealSimpleListing.com. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE.
• Yard Signs and Related Products. THERE ARE NO REFUNDS FOR YARD SIGNS OR OTHER PRODUCTS THAT ARE SENT TO YOU IN CONNECTION WITH A SERVICE PLAN.

6. Moneyback Guarantee.

We provide all the tools to maximize your exposure on the internet and the ability for you to update your advertising in response to interest generated. We bring buyers to view your details, but the response you get depends on your property, the price you set, buyer demand in your area and the quality of content you provide for your advertised listing. This is a self-sell advertising package so in fact, we don’t sell your home anyway - you do - using our advertising network.We are confident that our advertising platform lessens the hassles of For Sale By Owner and will ultimately result in a sale. However, we will refund to SELLER at closing all SUBSCRIPTION FEES UP TO $1000 if you decide to change your status from EXCLUSIVE AGENCY LISTING (i.e. For Sale By Owner – which grants our Broker representative the exclusive right to market seller’s property but does not prohibit the seller from competing with Broker by attempting to sell the property himself) to EXCLUSIVE RIGHT TO SELL LISTING CONTRACT (i.e. a traditional Broker/Seller relationship – whereby the seller will list with one Broker only and agrees to pay that Broker the commission EVEN IF the seller sells the property himself). Seller must use a qualified real estate Broker referred by RealSimpleListing.com.THIS LIMITED WARRANTY IS INTENDED TO BE AND SHALL BE EXCLUSIVE AND INSTEAD OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER WARRANTIES NOW OR HEREAFTER ALLOWED BY ANY LAW. WE ARE NOT AND SHALL NOT BECOME LIABLE FOR ANY OTHER ITEM OF COST OR EXPENSE OR LIABILITY INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE BASED UPON TORT, CONTRACT, BREACH OF WARRANTY OR OTHER CLAIMS OF ANY KIND OR CHARACTER. EXCEPT FOR THE REFUND PROVIDED BY THIS GUARANTEE THERE ARE NO OTHER REFUNDS OFFERED FOR ADVERTISING.

7. Disclaimers and Limitation of Liability.

While RealSimpleListing.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Web site and assume no liability or responsibility for any error or omission in such data or information. RealSimpleListing.com DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.   RealSimpleListing.com has no responsibility for actions of third parties or for information provided or posted by others.USE OF RealSimpleListing.com IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER RealSimpleListing.com, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING FizboBOX.com AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH RealSimpleListing.com; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING RealSimpleListing.com OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES RealSimpleListing.com WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. RealSimpleListing.com AND ITS AFFILIATES AND RELATED COMPANIES 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law.RealSimpleListing.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. RealSimpleListing.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 RealSimpleListing.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.IN NO EVENT SHALL RealSimpleListing.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RealSimpleListing.com OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT RealSimpleListing.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.

8. Indemnity.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, RealSimpleListing.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 RealSimpleListing.com; (2) RealSimpleListing.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 ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.

9. Terms of Service and Privacy Policy.

The Terms of Service and Privacy Policy for RealSimpleListing.com are hereby incorporated by reference into these Terms, and your agreement to these Terms means that you also expressly agree to be bound by the Terms of Service and Privacy Policy for RealSimpleListing.com. For Customers, in the event of a conflict between these Terms, on the one hand, and the Terms of Service and Privacy Policy, on the other, these Terms shall take precedence.