Terms of Use:
1. ACCEPTANCE OF TERMS.
Welcome to ChoiceA.com. ChoiceA.com is primarily a web site that
provides the framework for a transaction between home buyer and
home seller. We seek to provide an introduction and allow
discussion and negotiation to take place regarding the purchase
or sale of real property that is FOR SALE BY OWNER. ChoiceA.com is owned and operated by
ChoiceA, Inc. ("Company"). Company is not a licensed real estate
broker, is not a member of any multiple listing service ("MLS"),
and does not list real estate on any MLS. By accessing and using
any part of this Web site, services, materials or related data
(collectively, "Site"), you agree to and consent to be bound by
and comply with these Web Site Terms of Use ("Terms of Use"). If
you do not agree to the Terms of Use, please promptly exit the
Site and you may not access or use any part of the Site. Company
reserves the right to modify these Terms of Use at anytime and
you agree to be bound by such modifications or revisions. In
addition, when using the Site, you shall be subject to any posted
guidelines or rules applicable to the Site that may be posted
from time to time. All such guidelines or rules are hereby
incorporated by reference into the Terms of Use.
2. CONTENT AND RESTRICTIONS.
Subject to the Terms of Use, Company grants you a personal,
non-exclusive, non-transferable, limited and revocable license to
access and use the Site for personal, noncommercial use only. You
acknowledge and agree that use of the Site is at your own risk.
You understand and agree that any content contained on or
provided through the Site is not pre-screened or pre-approved by
Company. Company does not control and is not responsible for
content made available through the Site. Company does not
represent or endorse the accuracy or reliability of any content
posted and you acknowledge that any reliance upon such content
shall be at your sole risk. Any content placed online by users
does not represent the views of Company. The Site is subject to
change or termination without notice in the editorial discretion
of Company.
3. USER CONDUCT AND OBLIGATIONS.
You agree to follow all applicable state and federal laws and
regulations when using the Site. You represent and warrant that
you own or otherwise control all of the rights to content that
you post; that such content is accurate; and that use of content
you supply does not violate the Terms of Use and will not cause
injury to any other person or entity. You are not entitled to any
compensation for any materials, information, or content you post
on the Site. By way of example and not limitation, the following
uses of the Site are expressly prohibited:
(a) upload or transmit unsolicited or unauthorized content or
advertisements, promotional materials, 'chain letters,' 'spam,'
or any other commercial email;
(b) upload, transmit or post content that may be abusive,
harmful, tortuous, obscene, pornographic, defamatory, harassing,
grossly offensive, vulgar, threatening, libelous, malicious,
invasive of another's privacy, injurious to third parties or is
otherwise objectionable as determined by Company;
(c) upload, transmit or post content that is bigoted, hateful or
racially, ethnically or sexually offensive;
(d) upload, transmit or otherwise distribute content that
actually or potentially infringes any copyright, trademark,
patent, trade secret or other intellectual property rights or
violates other proprietary, contractual or fiduciary rights or
obligations of another party;
(e) misrepresent or to otherwise attempt to mislead, deceive or
misinform any person as to the identity or origin of any
communication or content transmitted through the Site;
misrepresentation of the ownership of a property that has been
listed for sale
(f) post, email, transmit, permit uploading or make available any
message or content in violation of any applicable local, state,
national or international law, regulation or restriction of the
United States and its agencies or authorities, or any regulations
having the force of law;
(g) interfere, disrupt, destroy or attempt to gain unauthorized
access to other accounts or unauthorized data on the Site or any
other computer network;
(h) upload, transmit or otherwise make available any content that
contains software viruses or any other malicious code, files or
program;
(i) commit any fradulent or inappropriate activities that could
give rise to any civil or criminal liability under the law;
(j) post any content for organized partisan political activities;
(k) stalk or otherwise harass anyone;
(l) collect personal data about other users for commercial or
unlawful purposes; or
(m) use any form of automated device or computer program to
automatically submit posting in bulk or at regular intervals; to
use automated devices to mine or otherwise seek data contained on
the servers operated by the Company.
Company reserves the right, but not the obligation, to review,
monitor, edit or remove any activity or content. Company takes no
responsibility and assumes no liability for any content posted by
you or any third party. Company may, in its own discretion,
suspend or terminate your account and refuse any and all current
or future use of the Site if you violate the Terms of Use, any of
the other policies or for any behavior that we in our discretion
believe is inappropriate. This site is intended for property that is marketed without an agent or broker.
Your submissions and messages intended for Company or third
parties, made to, sent from or posted on the Site shall be
treated as non-confidential or non-proprietary. You grant Company
a worldwide, perpetual, irrevocable, royalty-free, sublicenseable
right, in any media now known or not currently known, to exercise
all copyright and other intellectual property rights with respect
to such submissions or messages. You agree that any such
submissions or messages, including but not limited to property
listings, or any derivative works thereof, may be disseminated,
distributed, publicly displayed on third party Web sites,
reproduced, used, sublicensed, posted, or published by Company,
and searched, displayed, printed or otherwise used or exploited
by Company's customers. You warrant that you own and are
authorized to offer for sale and to sell any property you submit
to the Site for listing.
4. PROPRIETARY CONTENT.
The Site, including its design, hardware designs, algorithms,
software (in source and object forms), graphics, user interface
designs, other templates and designs, architecture, and
documentation (both printed and electronic), know-how, good will,
moral rights, trade secrets, posted contracts, logos, trademarks
and any related intellectual property rights throughout the
world, and any derivative works, improvements, modifications,
enhancements or extensions thereof, shall remain the sole and
exclusive property of Company, and you shall have and acquire no
interest in them whatsoever.
All information, content and materials that appear on the Site,
including, without limitation, text, photographs, images,
pictures, graphics and other files, and the selection and
arrangement thereof, but excluding information, content and
materials that are submitted to the Site by users thereof, are
copyrighted materials of the Company (the "Copyrighted Works").
The trademarks, service marks, trade names, trade dress and logos
used and displayed on the Site (including all page headers,
custom graphics, button icons, and scripts), but excluding marks,
names and logos submitted to the Site by users thereof, are
trademarks, service marks, trade names, trade dress and logos of
the Company (the "Trademarks"). You acknowledge that the
Copyrighted Works and Trademarks used and displayed on the Site
are and shall remain the sole property of Company. Nothing in
this Terms of Use shall confer any right of ownership of any of
the Copyrighted Works or Trademarks in you. Further, nothing in
this Terms of Use shall be construed as granting, by implication,
estoppel or otherwise any license or right to use any of the
Copyrighted Works or Trademarks used or displayed on the Site,
without the express written permission of Company. Neither the
Copyrighted Works nor the Trademarks or graphics may be copied,
imitated or used, in whole or in part, without the prior written
permission of Company. Company reserves the right to
modify or remove any listing that promotes third-party commercial
interests or brands.
5. THIRD PARTY WEBSITES.
The Site may provide links to third-party Web sites, products and
services. Company does not endorse the content on any third-party
Web sites. Company is not responsible for the content of linked
third-party Web sites, Web sites framed within our Site,
third-party Web sites provided as search results, or third-party
advertisements, and does not make any representations regarding
their content or accuracy. Your use of third-party Web sites is
at your own risk and subject to the terms and conditions of use
for such Web sites. Company reserves the right at all times to
correct errors and omissions without prior notice and to remove
or refuse to distribute any content on the Site, especially
content which violates the Terms of Use. Company reserves the right to remove listings or content posted by agents
or brokers to whom users would directly or indirectly be required to pay fees.
6. NOTICE OF CLAIMS OF INFRINGEMENT.
It is Company's policy to comply with all intellectual property
laws and asks you as a user of the Site to do so. If you believe
that your work has been reproduced on the Site in a way that
constitutes copyright infringement under the United States
Copyright Act, please notify Company by providing the following
information:
(a) Identification of the copyrighted work that you claim has
been infringed;
(b) Identification of information of the material on the Site
that is claimed to be infringing or to be the subject of
infringing activity, including a description of where it is
located on the Site;
(c) Your address, telephone number, and, if available, e-mail
address;
(d) A signed statement that the above information is accurate and
has a good faith belief that the identified use of the material
is not authorized by the copyright owner, its agent, or by law;
and
(e) A statement, under penalty of perjury, that you are the
copyright owner or are authorized to act on the copyright owner's
behalf of the copyright that is allegedly infringed.
All notices of copyright infringement should be sent to:
By e-mail: report@choicea.com
7. CHOICE OF LAW/VENUE.
The Terms of Use will be governed by and construed in accordance
with the laws of the State of Washington, without giving effect
to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to the Site or the
Terms of Use will be filed only in the state or federal courts
located in Clark County, Washington and you hereby consent and
submit to the personal jurisdiction of such courts for the
purposes of litigating any such action.
8. DISCLAIMER.
THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT
OR OTHERWISE. COMPANY DOES NOT WARRANT THAT THE SITE OR ITS
FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES THE
SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE IS
PROVIDED FOR INFORMATIONAL PURPOSES ONLY. COMPANY DOES NOT
REPRESENT OR WARRANT THAT ANY MATERIAL ON THE SITE IS CORRECT,
COMPLETE, OR UP-TO-DATE. COMPANY MAY CHANGE OR DELETE MATERIAL ON
THE SITE WITHOUT NOTICE AT ANY TIME. USE OF THE SITE IS AT THE
USER'S OWN RISK. ELECTRONIC MAIL SENT TO THIS SITE ON THE
INTERNET IS NOT SECURE, AND USERS SHOULD AVOID SENDING SENSITIVE
OR CONFIDENTIAL INFORMATION IN UNENCRYPTED MESSAGES. COMPANY DOES NOT ARCHIVE
OR OTHERWISE RETAIN EMAIL MESSAGES SENT BETWEEN USERS.
9. LIMITATION OF LIABILITY.
IN NO EVENT SHALL COMPANY, ITS OFFICERS, ITS SUBSIDIARIES,
AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSEES BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, LOSS OF USE, LOSS OF DATA OR INFORMATION, BUSINESS
INTERRUPTION OR ANY OTHER DAMAGES ARISING OUT OF OR CONNECTED TO
THE AVAILABILITY, USE, RELIANCE ON OR LIABILITY TO USE OF THE
SITE OR ARISING OUT OF OR CONNECTED TO ANY ACTION TAKEN IN
RESPONSE TO OR AS A RESULT OF ANY INFORMATION CONTAINED IN THE
SITE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR CLAIMS,
DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR
OTHERWISE, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR
ACCESSING THE SITE.
10. NO BROKERAGE SERVICES.
You understand and agree that except as expressly provided for
otherwise by the Site, Company does not offer or provide any
advice or assistance in connection with the sale, purchase or
leasing of real estate, including but not limited to real estate
brokerage services. You understand and agree that all real estate
brokerage commissions are negotiable and that Company does not
set commission rates or provide any advice relating to
commissions. Any fees or commissions privately arranged in
connection with the sale of property does not involve Choice A
Inc.
11. INDEMNIFICATION BY USER.
You agree to defend, indemnify, and hold harmless Company, its
officers, directors, trustees, employees, and agents from and
against any claims, actions or demands, liabilities, losses and
damages that arise in connection with your access to and use of
the Site, including reasonable attorneys' fees at trial,
arbitration or on appeal.
12. CONTACT CHOICEA.COM.
If you have any questions about the Site, please contact us at:
info@choicea.com
13 EQUAL HOUSING OPPORTUNITY
ChoiceA supports Equal Housing Opportunity and we encourage users
of our site to follow appropriate guidelines to comply with both
the Federal Housing Act, as well as any applicable state and
local regulations.
Federal Laws prohibit discrimination based on
o Race
o Color
o Religion
o National Origin
o Handicap/Disability
o Familial Status
Property Owner's & Manager's Responsibilities
As a property owner or manager you have a responsibility and a
requirement under the law not to discriminate in the rental of
propertyon the basis of race, color, religion, sex, handicap,
familial status, or national origin. Agents in a rental
transaction areprohibited by law from discriminating on the basis
of race, color, religion, sex, handicap, familial status, or
national origin. They are prohibited from complying with a
request from the property owner or manager to act in a
discriminatory manner in the lease or rental. Moreover, a
property owner or manager cannot establish discriminatory terms
or conditions in the purchase or rental, deny that housing is
available, or advertise that the property is available only to
persons of a certain race, color, religion, sex, handicap,
familial status, or national original.
Renter's Rights
As someone seeking to rent an apartment, home or condo, you have
the right to expect that housing will be available to you without
discrimination or other limitations based on race, color,
religion, sex, handicap, familial status, or national origin.
This includes the right to expect equal professional service, the
opportunity to consider a broad range of housing choices, no
discriminatory limitations on communities or locations of
housing, no discrimination in the pricing or financing of
housing, reasonable accommodations in rules, practices and
procedures for persons with disabilities, and to be free from
harassment or intimidation for exercising your fair housing
rights.
The Law
Civil Rights Act of 1866
The Civil Rights Act of 1866 prohibits all racial discrimination
in the sale or rental of property.
The Fair Housing Act
The Fair Housing Act declares a national policy of fair housing
throughout the United States, making illegal any discrimination
in the sale, lease or rental of housing, or making housing
otherwise unavailable, because of race, color, religion, sex,
handicap, familial status, or national origin. The U.S.
Department of Housing and Urban Development (HUD) as issued a
memorandum to provide guidance on Advertisements and the Fair
Housing Act Americans with Disabilities Act
Title III of the Americans with Disabilities Act prohibits
discrimination against persons with disabilities in places of
public accommodations and commercial facilities.
The Equal Credit Opportunity Act The Equal Credit Opportunity Act
makes discrimination unlawful with respect to any aspect of a
credit application on the basis of race, color, religion,
national origin, sex, marital status, age or because all or part
of the applicant's income derives from any public assistance
program. State and Local Laws
State and local laws often provide broader coverage and prohibit
discrimination based on additional classes such as age, marital
status or sexual orientation not covered by federal law. Please
inform yourself about the Fair Housing Laws applicable in your
state.
If you encounter an ad that is discriminatory and you believe
that it violates Fair Housing Laws, please flag the ad or report
it to Choice A.
A FEW FINAL NOTES:
You may post up to 5 different ads per day on ChoiceA.com if all ads
are relevant to the sale of property. Duplicate ads or ads that
are too similar to an existing Ad that you have posted can exist
only if property type or address differs. If you violate these
policies your ad will be deleted (sometimes without notice).
Attempting to post after having your ads removed may result in a
"blocked" message notifying you that you have posted too many ads
or have violated our terms of use. To avoid this, please list
only once within your city or region per property. If you want to
re-list an item that you are already advertising on the site,
delete your existing ad first.
Posting a listing with a link to another web site for the sole
purpose of directing visitors to that web site is not permitted
and will be cause for removal. You may not post any commercial advertisements for
products, services, brands; or agent or brokerage services.
If your advertisement is flagged for inappropriate use, or for a
violation of our terms of use, including Equal Housing
Opportunity your listing may be deleted without warning. We
expect all users to act in a civil and respectful manner. This
site has been designed to help both buyers and sellers directly market their property, please
treat each other with respect and display ethics and the highest
levels of professionalism.
We reserve the right to remove any listing for any reason
relating to inappropriateness, unethical intent, malicious
nature, spam or any aforementioned reason within these Terms of
Use, including agent or brokerage solicitation. ChoiceA Inc will be the sole judge as to what listings are
considered to be in the above categories. Further, we reserve the
right to block any user and remove any listing if it is
determined that they intend to defraud or otherwise take
advantage of any other user or manipulate this site for
commercial purpose. Agent or Brokerage listings or postings may be deleted without notice. If you intend to charge any
fee for any service associated with any listing, that fee must be clearly stated (as a dollar figure)
within the body of the listing. If you list
a property on choicea.com you acknowledge that you are a legal owner of the listed property, not an agent or broker; and that
any contact information contained in the listing directs users only to the legal owner. Any deceptive posting or contact information will not be tolerated.
