Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOR SALE BY OWNER - HAWAII,
SHALL NOT BE LIABLE FOR ANY ERRORS IN CONTENT OR OMISSIONS, OR FOR ANY DELAYS IN
DELIVERY AND/OR NON-DELIVERY IN THE EVENT OF AN ACT OF GOD, COMPUTER HACKER
ATTACK, ACTION OR IN-ACTION BY ANY GOVERNMENT OR NON-GOVERNMENT ENTITY, TERRORIST
ACT, TRANSPORTATION SHUTDOWN, STRIKE, NETWORK DIFFICULTIES, ELECTRONIC MALFUNCTION, OR
ANY FEASIBILITY, RELIABILITY, OR EFFECTIVENESS RELATED TO THE WEB SITE. THE
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET THE OBJECTIVES OR
NEEDS OF ADVERTISER/AGENCY OR ANY THIRD PARTY. IN NO EVENT WILL FOR SALE BY
OWNER - HAWAII, BE LIABLE FOR ANY FAILURE, DISRUPTION, DOWNTIME, INTERRUPTION,
MISCALCULATION, DELAY, INACCURACY, OR ANY OTHER NONPERFORMANCE RELATED TO THE
WEB SITE, MAGAZINE ADVERTISING, SIGNAGE, MLS SERVICE, OR INFO FLYERS. UNDER NO CIRCUMSTANCES WILL FSBO-WORLD.COM BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION,
FOR LOST INCOME OR PROFITS, LACK OF A SUCCESSFUL SALE OR PURCHASE OF ANY REAL
ESTATE, TOO LONG OF A SALE, OR TOO QUICK A SALE, OR IN ANY WAY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, EVEN IF FOR SALE BY OWNER - HAWAII, HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES.
ALL WEB MARKETING HEREIN IS IN CONJUNCTION WITH THE FOR SALE BY OWNER MAGAZINE PRINT MARKETING. ANY AND ALL TERMS & CONDITIONS AND/OR FINE PRINT STATED HEREIN ALONG WITH ANY AND ALL TERMS & CONDITIONS AND/OR FINE PRINT STATED AND PUBLISHED IN THE ABOVE MENTIONED MAGAZINE ALONG WITH ANY AND ALL TERMS & CONDITIONS AND/OR FINE PRINT STATED AND PRINTED ON ANY FOR SALE BY OWNER INVOICE ARE HEREBY ALL IN FORCE COLLECTIVELY, INDIVIDUALLY AND SEPARATELY, EVEN IF CUSTOMER CLAIMS TO HAVE NOT READ OR BE AWARE OF ANY OR ALL SUCH TERMS & CONDITIONS AND/OR FINE PRINT.
CUSTOMER'S OWN PERSONAL URL's MAY BE ADDED TO WEB CONTENT AND/OR PRINT MARKETING UNDER THE FOLLOWING CONDITIONS; URL's PERMITTED ARE LIMITED TO ONLY CONTENT OF CORRESPONDING PROPERTY AND/OR BUSINESS AND/OR SERVICES BEING MARKETED OR ADVERTISED. NO URL's WILL BE PERMITTED THAT DIVERT ANY VIEWER TO ANY OTHER WEB SITE.
POLICY REGARDING PHOTOS: ANY AND ALL PHOTOS SUBMITTED BY CUSTOMER MUST BE DEVOID OF ANY CUSTOMER OR 3RD PARTY COPYRIGHTS. CUSTOMER AGREES TO HOLD HARMLESS FOR SALE BY OWNER - HAWAII IN THE EVENT OF ANY COPYRIGHT INFRINGEMENT CHALLENGE. ALL PHOTOS SUBMITTED BY CUSTOMER OR TAKEN BY OUR COMPANY ARE SUBJECT TO EDITING AND/OR ENHANCEMENT(S). PHOTO CONTENT PLACED ON THIS WEB SITE AND/OR THE MLS WILL FOLLOW THE GUIDELINES HEREIN AND ARE BASED ON THE CUSTOMER'S CHOICE OF PRINT AD AND/OR PACKAGE ADVERTISING, THE ONLINE PHOTO CONTENT IS AS FOLLOWS, TWICE AS MANY PHOTOS ARE PLACED ONLINE AS CAN BE ACCOMMODATED IN THE PRINT ADVERTISING, TO WIT; PACKAGE #1 MARKETING ECONOMY PRINT B&W AD - 1 B&W PHOTO IN THE FSBO MAGAZINE - 2 B&W PHOTOS ONLINE; 1/8th PAGE PRINT AD - 2 PHOTOS IN THE FSBO MAGAZINE - 4 PHOTOS ONLINE; 1/4 PAGE PRINT AD - 3 PHOTOS IN THE FSBO MAGAZINE - 6 PHOTOS ONLINE; . 1/2 PAGE PRINT AD - 9 PHOTOS IN THE FSBO MAGAZINE - UNLIMITED PHOTOS ONLINE; PACKAGE #2 MARKETING, WE RESERVE THE RIGHT TO DETERMINE THE CUSTOMER'S MARKETING PACKAGE THAT WILL CONSIST OF EITHER A 1/4 PAGE COLOR AD OR A 1/2 PAGE COLOR AD - UNLIMITED PHOTOS ONLINE.
TO ANYONE REQUESTING ANY OR ALL OF OUR SERVICES, IT WILL BE PRESUMED THAT ANY SUCH PERSON THAT THEREFORE BECOMES A CUSTOMER HAS BEEN AND IS FULLY INFORMED AND AGREES TO ALL OF THE ABOVE AND ALL OF THE ABOVE WILL APPLY WITHOUT EXCEPTION AND THEREFORE HAVE NO CLAIMS.
IT WILL BE PRESUMED THAT ANY SUCH PERSON THAT DOES NOT AGREE TO ANY OR ALL OF THE ABOVE WILL THEREFORE NOT BECOME A CUSTOMER AND THEREFORE HAVE NO CLAIMS.
Disclaimer – For Sale By Owner Magazine is
strictly an advertising medium. We are not real estate agents nor are we acting
as such.
We do not represent any seller or buyer in any way nor are we in the business of
giving legal advice or providing any real estate forms.
We do not do open houses or agent caravans. Any real estate agent services
mentioned herein are offered through State Licensed
Real Estate Broker(s). All properties described herein are based solely on the
seller’s own description, we make no representation
as to the accuracy, availability, title, ownership, authorization to sell, use,
property condition, easements, restrictions, claims, lawsuits,
liens, value or zoning. We make no representation the advertising and marketing
services herein will generate too few or too many
calls nor guarantee the sale of any property. Publisher in no way shall be held
accountable for any shift in the market, losses, theft,
damage, network down time, phone calls not returned or injury Customer may incur
before, during or after marketing Customer
property. Customer agrees to have or keep current any homeowners insurance
policy and/or at their own expense protect and
indemnify Publisher from any such Customer, visitor, renter, potential buyer or
buyer losses.