Terms of Use

MILITARYBYOWNER® ADVERTISING, INC.

TERMS OF USE AGREEMENT

Effective Date: October 15, 2014

THIS IS AN AGREEMENT BETWEEN YOU AND MILITARYBYOWNER® ADVERTISING, INC.

Welcome to MilitaryByOwner® Advertising, Inc., a website where you can advertise your home for sale or rent. This Agreement and MilitaryByOwner® Advertising, Inc.’s privacy policy  governs your use of the MilitaryByOwner Advertising, Inc’s website, owned and operated by MilitaryByOwner® Advertising, Inc., a company located in Stafford County, Virginia. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is accurate.

IMPORTANT: The following terms and conditions apply to all Users of the MilitaryByOwner® Advertising, Inc. website.  Please read this Terms of Use Agreement and Privacy Policy before using this website or submitting personal information that could identify you (including but not limited to name, address, phone number, email address, etc.).   BY ACCESSING THIS WEBSITE, THE USER IS MANIFESTING HIS OR HER INTENT TO AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THE TERMS OF USE AGREEMENT AND THE PRIVACY POLICY, DO NOT USE THIS WEBSITE. You understand, agree and acknowledge that your use and the services provided to you by MilitaryByOwner Advertising, Inc. are exclusively governed by these Terms which cannot be modified by you. As used on the website, and in this agreement, the terms "we", "us", or "our" refer to MilitaryByOwner® Advertising, Inc..  "You" refers to all users of the website both  home advertisers and business advertisers, buyers, sellers and real estate agents, lesees and lessors.  "Sellers" refer to users who advertise their properties for sale or rent on the website.

MODIFICATIONS TO THE TERMS OF USE AGREEMENT AND SERVICES/LIMITS ON LIABILITY

MilitaryByOwner® Advertising, Inc. may change the terms of this Agreement and reserves the right to modify or discontinue (temporarily or permanently) the services offered on this website without prior notice to users.  Each time you access the website you will be governed by the terms currently in effect. It is the users responsibility to regularly review the terms, conditions and notices.  IF YOU OBJECT TO ANY OF THE MODIFICATIONS YOUR SOLE RECOURSE IS TO IMMEDIATELY DISCONTINUE USING THE SERVICES OFFERED BY MILITARYBYOWNER ADVERTISING, INC.. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE CHOOSE TO EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICES.  CONTINUED USE OF THE SERVICES FOLLOWING THE EFFECTIVE DATE OF THE MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND YOUR ACCEPTANCE OF THE SERVICES AS MODIFIED.

MILITARYBYOWNER® ADVERTISING, INC.’S USE OF THIRD PARTY ADVERTISING COMPANIES.

MilitaryByOwner® Advertising, Inc. uses third-party advertising companies to serve ads when you visit our Web site. The third-party advertising technology that we use on this Web site uses information derived from your visits to this site to target advertising within this site.  In addition, our advertisers may use other third-party advertising technology to target advertising on this site and other sites.  In the course of advertisements being served to you, a unique third-party cookie or cookies may be placed on your browsers.  In addition, we may use Web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising.

Web beacons enable us to recognize a browser’s cookie when a browser visits this site and to learn which banner ads bring users to our Web site. 

WHAT MILITARYBYOWNER® ADVERTISING, INC. DOES NOT DO.

MilitaryByOwner® Advertising, Inc. is an advertising service, NOT A REGISTERED REAL ESTATE AGENCY.  MilitaryByOwner® Advertising, Inc.  DOES NOT represent  either the buyer or seller in a transaction and receives no commission on the sale of properties listed in this service.

MilitaryByOwner® Advertising, Inc. DOES NOT provide legal advice to Sellers or Buyers of property advertised on the website. MilitaryByOwner® Advertising, Inc. DOES NOT review contracts entered into by Sellers or Buyers using this website.  Legal counsel should be obtained in completing all Real Estate Transactions.

MilitaryByOwner® Advertising, Inc. DOES NOT accept unsolicited materials or ideas for use or publication on their website. Should you send unsolicited materials or ideas you do so at your own risk.  You will not be entitled to any consideration and you are waiving any claims against MilitaryByOwner®

Advertising, Inc. even if the material or idea used on the website is substantially similar to the material or idea you sent.

5. THIRD PARTY AND USER ADVERTISMENT CONTENT AND INDEMNIFICATION

MilitaryByOwner® Advertising, Inc. is a distributor of content provided by third party advertisers using the website. MilitaryByOwner® Advertising, Inc. has no editorial control over the content. The information provided by third parties and users of the web site including but not limited to opinions, statements, offers, services, advice, or other information  are those of the author of that information and not MilitaryByOwner® Advertising, Inc..  We do not guarantee or endorse the information, nor are we responsible for the accuracy or reliability of information provided by advertisers or users of the web site.  By providing this information to MilitaryByOwner® Advertising, Inc., you are granting us a license to use the information any way we deem appropriate.  We have the right to monitor, but are not obligated to monitor, the information you provide to us to assure you are in compliance with the Terms of Use Agreement.  We do not screen the content provided by advertisers for accuracy or reliability. However, we, at our sole discretion, have the right to remove any content from MilitaryByOwner® Advertising, Inc. without liability to you, for any reason.  We also have the right to remove any Content that violates this Terms of Use Agreement, or that we believe may create liability for us, or that we find objectionable under this Terms of Use Agreement. By submitting advertising content to the web site, you agree to represent and  warrant that such advertising content shall not contain material or language that is prohibited.  Examples of prohibited language or materials are detailed below but are not limited by the following list::

- libelous, slanderous, defamatory, obscene, illegal, threatening or abusive, misleading, false, sexually explicit, disparaging, grossly inflammatory, inaccurate, unfair or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or third party.

- contains attacks of a religious, racial or personal nature,

- violates Fair Housing Laws

- infringes on any intellectual property right of MilitaryByOwner Advertising, Inc. or any other third party

- or  violates any other right of any person or entity.

By accessing or using this website, you signify your agreement to hold MilitaryByOwner® Advertising, Inc., it’s affiliated and related entities, its owners,  employees, agents, successors, subsidiaries, assigns, affiliates, advisors and attorneys harmless from any and all damages, legal actions or causes of action that may now or hereinafter arise as a result of your use of the web site and your breach of this Terms of Use Agreement and/or any representations and warranties related to the advertiser content.

6.  COPYRIGHT/TRADEMARK/RESTRICTIONS ON USE

All names and marks of "MilitaryByOwner® Advertising, Inc." are the trademarks of MilitaryByOwner® Advertising, Inc. and are owned by MilitaryByOwner® Advertising, Inc..  All advertising  "materials" provided to MilitaryByOwner® Advertising, Inc. by third parties for use in the advertisement of the property including but not limited to pictures, text, design,  logos, images, sounds, documents, photographs and any and all information of any kind in any form , incorporated into, published or otherwise exhibited on this website including the arrangement and display of those "materials", are protected by Copyright or other intellectual property rights and are owned and controlled by  MilitaryByOwner Advertising, Inc. and/or its vendors or suppliers.

7.  FAIR HOUSING

The Fair Housing Act declares a national policy of fair housing throughout the United States.  The law makes it illegal to discriminate in the sale, lease, or rental of housing or making housing unavailable because of race, color, religion, sex familial status or national origin. Some state laws also include elderliness and other additional classes.  Users of this website will abide by the Federal Fair Housing Act and any applicable state laws of the state where the property is located. MilitaryByOwner Advertising, Inc. does not knowingly accept or publish any advertisement which is in violation of this Act.

If you suspect discrimination has occurred you may contact your Local Board of REALTORS© who will accept complaints of discrimination by Realtors© or you can contact the U.S. Department of Housing and Urban Development at 1-800-669-9777(voice) or 1-800-543-8294 (TDD).

8.YOUR PASSWORD AND USER ID – LIMITS ON LIABILITY

When a user sets up an account with MilitaryByOwner Advertising, Inc., the user’s email address will be your User ID.  You will also be required to select a password to access your account.You are solely responsible for all acts or omissions that occur under your User ID and password.  You agree to notify MilitaryByOwner Advertising, Inc. of any unauthorized use of your User ID or password or any other breach of security.  If we believe, in our sole discretion, that you have violated this Agreement or acted in a way that violates the letter or the spirit of this Agreement, we may terminate your password, account or access to our services, and remove all posted information, with or without notice to you. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD AND USER ID OR TO OTHERWISE COMPLY WITH THIS SECTION. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY SUCH TERMINATION OR REMOVAL.

9. GENERAL USE PROVISIONS

Users may advertise property owned by them on this website as being for sale or for rent. If you post a property listed as an owner, you must have the necessary rights title and interest in the property you list for sale or rent.  You may not use a fictitious name to list the property. Users who are Licensed Real Estate Agents may advertise property on behalf of their client. If you are the owner of property and a licensed Real Estate Agent, you must disclose in the advertisement that you are a licensed real estate agent. All information you provide to us about the property being advertised for sale or rent must be accurate, complete, true, current and not misleading and offered in good faith. You also agree to update that information to keep it accurate, complete, true, current and not misleading and offered in good faith.  The photograph submitted to be shown on this website, must be a photograph of the actual property being listed for sale or rent.  We will not accept any drawing or other non-photographic representation of the property for the website.  We will not accept photographs of similar homes in a users neighborhood.  Only photographs of the actual home being advertised for sale or rent. Written descriptions of the property submitted to the website should be accurate with regards to, but not limited to, number of rooms, square footage, acreage, amenities, etc.. You are solely and fully responsible for all of the information you provide to MilitaryByOwner Advertising, Inc.. You agree that if all the said information is not accurate, complete, true, current, and not misleading and offered in good faith, we may temporarily or permanently remove your advertisement from the website and temporarily or permanently suspend or terminate any further use by you of the website.

We reserve and have the right (but not the obligation) in our sole discretion to refuse or delete any of your information which we reasonably consider to violate this Terms of Use Agreement or to be otherwise illegal.

You agree that use of any information obtained through MilitaryByOwner Advertising, Inc. or our services is at your own risk.

10.  DISCLAIMER OF WARRANTIES

THE PROPERTY ADVERTISING MATERIAL FOUND ON THIS WEB SITE IS PROVIDED BY THIRD PARTIES. YOU AGREE TO USE THIS SERVICE ENTIRELY "AS IS" AT YOUR OWN RISK. MILITARYBYOWNER ADVERTISING, INC. ASSUMES NO RESPONSIBILITY, AND  MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR  IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE WEBSITE WILL FUNCTION  ERROR FREE OR UNINTERUPTED OR THAT THIS WEBSITE OR THE  SERVERS THAT MAKE IT AVAILABLE FOR USE ARE FREE OF VIRUSES OR DEFECTS.  YOU UNDERSTAND THAT THE  INFORMATION YOU DOWNLOAD FROM THE WEBSITE OR THAT  IS OBTAINED THROUGH THE USE OF THE SERVICES OFFERED  ON THE WEBSITE IS DONE AT YOUR OWN RISK AND ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA THAT RESULTS FROM THAT DOWNLOAD IS SOLELY YOUR RESPONSIBILITY.

11. DISCLAIMER OF WARRANTY OF  PROPERTY ADVERTISING CONTENT

MILITARYBYOWNER ADVERTISING, INC. DOES NOT KNOWLINGLY TRANSMIT FALSE INFORMATION.  WE MAKE NO WARRANTY AS TO THE ACCURACY, RELIABILITY OR QUALITY OF THE INFORMATION CONTAINED IN THE PROPERTY ADVERTISEMENTS.WE MAKE NO WARRANTY OR GUARANTEES THE WEBSITEmWILL MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTY OR GUARANTEE THAT YOU WILL OBTAIN THE RESULTS YOU WANT FROM USING THIS WEBSITE. MILITARYBYOWNER ADVERTISING, INC. IS NOT LIABLE TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, LIABILITY, CLAIM OR ANY OTHER CAUSE OF ACTION OF ANY KIND ARISING FROM THE  DISSEMINATION OR RELIANCE ON ANY PROPERTY ADVERTISING  MATERIALS PROVIDED ON THIS WEBSITE.

12. DISCLAIMER OF WARRANTY OF BUSINESS ADVERTISERS      

MILITARYBYOWNER ADVERTISING, INC. PROVIDES THE OPPORTUNITY FOR BUSINESSES TO ADVERTISE ON ITS WEBSITE. MILITARYBYOWNER ADVERTISING, INC. DOES NOT KNOWINGLY TRANSMIT FALSE INFORMATION. MILITARYBYOWNER ADVERTISING, INC. MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY OR RELIABLITY OF THE INFORMATION PROVIDED BY THE BUSINESS ADVERTISERS ON THE WEBSITE. MILITARYBYOWNER ADVERTISING, INC. MAKES NO GUARANTEES THAT THE BUSINESS ADVERTISERS PRODUCTS OR INFORMATION WILL MEET THE USERS EXPECTATIONS OR REQUIREMENTS.  MILITARYBYOWNER ADVERTISING, INC. SHALL  NOT  BE HELD LIABLE FOR INFORMATION, SERVICES OR PRODUCTS THAT ARE PROVIDED OR OFFERED BY BUSINESS ADVERTISERS.   MILITARYBYOWNER ADVERTISING, INC. SHALL NOT BE HELD LIABLE FOR INFORMATION, SERVICES OR PRODUCTS THAT ARE PROVIDED OR OFFERED BY WEBSITES THAT ARE LINKED TO THE   MILITARYBYOWNER ADVERTISING, INC. WEBSITE.  YOU AGREE THAT YOU USE THESE LINKED SITES AT YOUR OWN RISK.

13. CONSEQUENCES OF UNACCEPTABLE USE

We reserve the right to investigate and to involve law enforcement authorities, and  to pursue and cooperate with any civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving your use or attempted use of the MilitaryByOwner Advertising, Inc. website.  We reserve the right to suspend or terminate your use of MilitaryByOwner Advertising, Inc. website upon written notice of a violation or attempted violation of the Terms of Use Agreement. Indirect or attempted violations of this Terms of Use Agreement or actual or attempted violations by a third party acting on your behalf,  shall be deemed violations by you of the Terms of Use Agreement.

14. LIMITED LICENSE

MilitaryByOwner Advertising, Inc. issues to you a limited license to view, copy and download available information on this website provided that: (1) you are a potential  buyer, seller of the property or licensed real estate agent representing a buyer, seller, lessee or lessor of the property; (2) the materials are used solely  for your noncommercial use; (3) the materials are not modified for distribution; (4) all copyright, trademark, and other proprietary marks are reproduced as they appear on the website and (5) you agree to be bound by this Agreement. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services provided by MilitaryByOwner Advertising, Inc.. The Services are provided for personal, noncommercial use only. Licensed real estate agents may reproduce, duplicate or copy the materials for the purposes of showing the property advertised to potential clients.

15. FEES FOR PROPERTY ADVERTISING/PAYMENT/REFUND POLICY

HOMEOWNER ADVERTISERS

Homeowner Advertisers may choose from one of the three options for advertising property. Only ONE property per advertisement is permitted.

(1) Basic Ads ($14.95)

Up to 1000 words of text to describe your property, Email and phone contact to prospective buyers and renters.  Contact history to avoid loss of contact information.  Forty-five (45) days of online advertising.

(2) Home Tour ($49.95)

All of the benefits of our Basic Ad in addition to five (5) pictures of your property.  Your own detail page featuring your property. Up to 1000 words (5000 characters) of text to describe your home. Preformatted datasheet focused on information of value to military movers.  Higher page posting than Basic Ads and (90) days of online advertising.

(3) Home Tour Plus ($79.95) – All the benefits of our Home Tour Ad in addition to forty (40) pictures of your property. Highest page posting of any advertising package.  Optional free yard signs shipped to your home and (180) days of online advertising.

BUSINESS ADVERTISERS

Businesses Advertisers may advertise choosing between two packages. Both packages include a Detail page outlining your business. 

(1) Priority Advertisers ($325.00/year) – Priority Advertiser business ads will rotate from our business directory pages to the associated base page.  Priority Advertiser ads will allow for a picture, name, company names, company address, and optional phone, email, and website.  Priority Advertisers will receives a free directory advertisement.  Priority Ads will have a term of one year.

(2) Business Directory ($105.00/6 months) – Business Directory ads will be located on business specific directory pages associated with a specific military base.  Directory ads will allow for a main picture, company logo, name, company name, company address, phone, email and website address.  Additionally, the directory ad allows for a brief description of your business Directory Ads will have a term of (6) months and can be upgraded to Priority Advertiser ads at anytime.

Payment

Payment is made by credit card or check.  Checks should be made payable to MilitaryByOwner Advertising, Inc. and sent to: 35 Walpole St. Suite 211  Stafford, VA 22554

Refund Policy

We DO NOT pro-rate advertising.  We will refund the advertising fee if your home has not sold or rented and you are dissatisfied with the presentation of the advertisement.  You must provide written notice to MilitaryByOwner Advertising, Inc. within three days of your ad going online that you are dissatisfied. You must give MilitaryByOwner Advertising, Inc. a reasonable opportunity to make appropriate commercially reasonable adjustments to the advertisement before a refund will be considered.

16. RESOLUTION OF DISPUTES

All disputes over advertising or other services offered by MilitaryByOwner Advertising, Inc., whether it be over the presentation of the advertisement, pricing or other issue must  be put in writing and sent to MilitaryByOwner Advertising, Inc.. Should MilitaryByOwner Advertising, Inc.  not be able to resolve the dispute and further action is necessary, any and all claims, suits or mediation will be governed by the laws of the State of Virginia.

17. ANTI –SPAM PROVISIONS AND OTHER UNSOLICITED

COMMUNICATION

MilitaryByOwner Advertising, Inc. does not condone or allow spam.  You agree not to use the Services offered by MilitaryByOwner Advertising, Inc. to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Users of the system agree not to do the following list of prohibited activities that include but are not limited to:

a.  Violate any local, state, national or international Spam Laws;

b. Send unsolicited commercial or other emails having large attachments to

a single recipient; collecting responses from mass unsolicited e-mail messages or generating excessive amounts of Internet traffic using the system or any account;

c.  Relay or transmit multiple electronic email messages or transmit multiple electronic email messages with the intent to deceive or mislead recipients or register for advertising using information that materially falsifies the identity of the actual advertiser;

d. Harass, stalk, harm another individual using  MilitaryByOwner Advertising, Inc.’s services, communicate with an individual after being advised to cease

communication, make false or unverified complaints against another User;

e.  Collect, harvest or store personal data about other users on the website including but not limited to email addresses, homeowners address, phone numbers or contact sellers for any purpose other than responding to the content posted by such sellers;

f.  You may not misrepresent your affiliation with a person or entity; or impersonate a user of the website.

g. You may not interfere with or disrupt the services provided by MilitaryByOwner Advertising, Inc. or the servers or network connected to MilitaryByOwner Advertising, Inc. or disobey any requirements, procedures, policies or regulation of networks connected to the MilitaryByOwner Advertising, Inc. website;

h. Commit a tortuous or otherwise wrongful acts, including without limitation, by posting, e-mailing, submitting, storing or otherwise transmitting (a) any content that is unlawful, harmful threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable material of any kind; (b) any material that is invasive of another’s privacy or any material that exploits children; (c) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (d) content that infringes the intellectual property rights of a third party; or (e) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functions of any computer software, hardware or telecommunications equipment; (f) unsolicited advertising material, notice of "spam", "junkmail",  pyramid schemes, chain letters or the like, whether or not the recipient wishes to receive such mailings; (g) surveys that have not been approved or cleared by MilitaryByOwner Advertising, Inc.; or (h) contests or games  of chance.

  i.   Engage in any activity that would subject us or our service providers to civil or criminal liability.

18.  LIMITS ON LIABILITY

USERS OF MILITARYBYOWNER ADVERTISING, INC. EXPRESSLY  AGREE THAT TO THE EXTENT ALLOWED UNDER CURRENT LAWS, THAT IN NO EVENT WILL THE OWNERS, EMPLOYEES, AFFILIATES,  AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING  BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL; DATA OR OTHER TANGIBLE  LOSSES ARISING OUT OF  BUT NOT LIMITED TO THE USE OF THE WEBSITE AND ITS  SERVICES; THE COST OF FINDING DIFFERENT SERVICES; COSTS ASSOCIATED WITH THE UNAUTHORIZED USE OF YOUR PASSWORD  AND USER ID; LOSSES FROM UNAUTHORIZED ACCESS TO YOUR   INFORMATION,  STATEMENTS OR CONDUCT OF THIRD PARTIES THROUGH THE USE OF THE WEB SITE, ANY LOSSES FROM YOUR USE OF THIRD PARTY CONTENT, LINKS, OR SERVICES; TERMINATION OF YOUR ACCESS TO THE WEB SITE; DAMAGES FOR YOUR USE OR RELIANCE ON THE CONTENT PROVIDED BY THIRD PARTIES, OR ANY OTHER MATTER REGARDING THE CONTENT OR SERVICES OF THIS WEB SITE.

19.  EXCLUSIONS AND LIMITATIONS

Some state laws do not allow the exclusion of certain warranties or limitation orexclusion of liability for incidental or consequential damages.  If you reside in one of those states, some of the above limitations and disclaimers may not apply to you. As a matter of applicable law the extent of our liability and the scope of such warranties shall be the minimum permitted under applicable law. 

20. JURISDICTION AND VENUE

This Website is owned and controlled by MilitaryByOwner Advertising, Inc., an entity created under the laws of the Commonwealth of Virginia and whose offices are located in Stafford, Virginia in the Commonwealth of Virginia, U.S.A.. Claims for violation of duties or rights under this Agreement will be enforced under the Laws of  the State of Virginia as applied to agreements created, entered into and performed by Virginia residents, notwithstanding your actual place of residence.  All lawsuits arising out of the Terms of Use agreement or your use of the website shall be brought in the state or federal courts having jurisdiction in Stafford, Virginia, U.S.A..  You consent, irrevocably, to the exclusive jurisdiction and venue of state and federal courts in Stafford, Virginia, USA in all disputes arising out of or relating to use of the MilitaryByOwner Advertising, Inc.’s website.

21. MISCELLANEOUS

MilitaryByOwner Advertising, Inc.’s failure to exercise or enforce any right or provision of the Terms of Use agreement does not constitute a waiver of the right or provision. This Terms of Use agreement constitutes the entire and exclusive and final statement of the agreement between you and MilitaryByOwner Advertising, Inc..

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