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ACCEPTANCE THROUGH USE
By Owner Missoula is owned and operated by, Northern States Corporation, hereafter
referred to as Company, Our Company, The Company, We. By using By Owner Missoula to
list your property you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Service Agreement").
Notice: that any information on By Owner Missoula by our company is designed to
provide general information regarding the subject matter covered. You are hereby
advised to consult with your advisor regarding your individual specific
situation.
Notice: information submitted by our customers for listings has not been
verified, is not guaranteed and is subject to change.
Notice: the company specifically disclaims any liability resulting from the
use or application of the information contained on By Owner Missoula. The information
is not intended to serve as legal advice related to individual situations.
MULTIPLE LISTING SERVICE DISCLOSURE
ByOwnerMissoula.com is a "For Sale By Owner" and marketing advertising service and as such we do not provide real estate, legal or any other professional service. We DO NOT have Licensed Brokers on staff and only work with a Montana Licensed Broker to provide you the MLS service. We do not represent the buyer or seller in any respect. ByOwnerMissoula.com offers you access to Broker who will list your property, we do not guarantee that you will be able to control what your listing says. Any disputes regarding MLS listings MUST be handled between you and your listing Broker. We make no warranties as to how your listing will be displayed or what specifically it will say. You agree to compensate ByOwnerMissoula.com for any reasonable expenses incurred by us in the event that we are required to get involved in any dispute between you and your listing Broker. Our liability for errors in ads will be limited to space occupied by that error. ByOwnerMissoula.com shall have no liability or responsibility whatsoever regarding the information contained within this web site including: the information which has been provided by the seller regarding the properties listed herein. Further, ByOwnerMissoula.com makes no guarantees or warranties and assumes no responsibility with respect to any of the content information or accuracy thereof. Buyers are to independently verify the accuracy and completeness of all information contained within each property advertised, by making a personal inspection of the property.
*Service only guaranteed in Missoula County, Montana. Some areas may take longer than one day to list.
*We do not guarantee the amount, if any, information will be displayed on any of the websites that your listing may be posted on.
Hold Harmless Clause
In using this site and the services offered herein, you agree to hold
harmless any of its officers, directors, employees or agents from any
liability for damages arising out of or in connection with the use of this
site or any third party site/content/service referenced herein. This is a
complete limitation of liability that applies to all damages of any and
every kind, including (without limitation) compensatory, direct, indirect or
consequential damages, loss of data, income or profit, loss of or damage to
property, personal injury, and claims of third parties. Users and
advertisers HEREBY RELEASE AND DISCHARGE By Owner Missoula and its officers,
directors, employees and agents for any and all claims pertaining to their
use in any way of this site and any third party site/content/service
referenced herein, EXPRESSLY INCLUDING WITHOUT LIMITATION ANY CLAIM OF
NEGLIGENCE AGAINST By Owner Missoula. or any of its officers, directors,
employees or agents.
Privacy Statement
By Owner Missoula will not knowingly share information provided by you with
anyone other than its subsidiaries and affiliates except as required or
permitted by applicable law. We do not sell our names or lists unless
otherwise disclosed to you by an individual subsidiary. However, viewers
should note that while it is our intent to hold private the information you
transmit via our Website or by way of an Internet electronic mail system or
service, By Owner Missoula cannot promise or ensure that such information will
remain confidential or secure. Information on the Internet tends to develop
"a life of its own," and may find its way to recipients to whom it
is not intended or persons you may not want to have such information. This
is beyond the control of By Owner Missoula, and you are advised that such
transmissions may not be secure.
Intellectual Property
By Owner Missoula maintains this Website as a service to Internet users and its
use is a privilege to the viewer. All information is provided without
warranty of any kind, either express or implied or for non-infringement.
Access and use of the Website and all company links are subject to the terms
and conditions set forth herein and to all applicable laws regulating the
use of the Internet and those relating to the use of information.
By Owner Missoula reserves the right to revise the terms and conditions for
access to its Website from time to time in its sole discretion.
Liability Disclaimer
The information, software, products, and services published on this website
may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. Northern States Corporation and its affiliates
may make improvements or changes in this website at any time. In no event
shall Northern States Corporation and its affiliates be liable for any direct,
indirect, punitive, incidental, special or consequential damages arising out
of or in any way connected with the use of this website, whether based on
contract, strict liability or otherwise, even if Northern States Corporation and
affiliates have been advised of the possibility of damages.
Equal Housing Opportunity
We are pledged to the letter and spirit of U.S. policy for the achievement
of equal housing opportunity throughout the Nation. We encourage and support
an affirmative advertising and marketing program in which there are no
barriers to obtaining housing because of race, color, religion, sex,
handicap, familial status or national origin.
- ACKNOWLEDGING WHO WE ARE AND WHAT WE DO
- Our company is a real estate advertising company only, all signage provided is rented by our company to the customer.
- We do not provide legal, appraisal, or any other professional real estate services.
- The company does not employ any real estate professional such as Realtors or Brokers.
- We recommend checking this service agreement often, for all services and fees are subject to change without notice.
- ELIGIBILITY FOR SERVICE
If you purchase any service offered on By Owner Missoula you assert that:
- You will abide by this service agreement
- All information you supply to
By Owner Missoula
, to the best of your knowledge is true and accurate.
- You are eighteen years of age or older
- You are the legal owner of the property you are listing.
- You are both owner and seller, therefore advertising your property
on a “For Sale By Owner” basis, with yourself named as seller. If
you are a broker/owner, you will disclose that fact in the description
of your ad.
- The content of your ad will not reference any other website.
- If, during the term of your listing on
By Owner Missoula
, you request another party be named as seller, then your ad will
be discontinued and expired.
- The ad is for one property only and cannot be transferred to another
property.
- The Company, expressly has the right to remove any listing form
By Owner Missoula
if you are not in compliance with any of these policies.
- FEES AND REFUNDS
- Since all of our expenses are incurred at the beginning of your listing, we cannot offer a refund.
- We do not prorate the cost of our services for any reason.
- The company is an advertising company and does not guarantee the sale of your property.
- DURATION OF LISTING
- Your listing remains active on By Owner Missoula until your property is:
- Sold
- Taken off the market
- Listed with a Realtor
- Expired after 6 months (unless renewed)
- Whichever comes first.
- The signs will remain in your possession as long as your listing remains active, as defined above.
- CHANGES TO LISTING
You agree to maintain the information of your listing by promptly altering
it to reflect the most current conditions (e.g., Sale Pending, or Price
Reduction). Customers may login to their account to change information as
needed.
- PASSWORD AND USER ACCOUNT
- If you are a paid, registered customer of By Owner Missoula, you are solely responsible for maintaining the confidentiality of your password and user account information. If you suspect any unauthorized use of the account it is your responsibility to promptly notify the company.
- We will not and cannot be liable for any loss or damage arising from your failure to adequately safeguard your user name and /or password, or to otherwise comply with this provision.
- You are entirely responsible for any and all activities which occur under your user account.
- ADVERTISING IN OTHER MEDIA
- Your property may be advertised/marketed with other forms of media, such as newspaper.
- At no time during the period your property is listed on
By Owner Missoula
may the property also be listed with a real estate agent/broker. In the event you decide to list with a real estate agent/broker other than Rebecca Donnelly, Realtor,
it is your responsibility to notify us immediately. We will then pick up all
rented signage. If you suspect a listing on our site is also listed with an
agent/broker or on the MLS please notify us immediately.
- PHOTOS
- Upload photos while logged into your account.
- Mail printed photos to us. It is your responsibility to provide a self addressed stamped envelope with the photos if you choose to have them returned. If no self addressed stamped envelope is provided they become property of the company. The company is not responsible and does not guarantee the return of the photos once in the United States Postal Service.
- END OF SERVICE
- Your listing will expire as soon as your property is sold, taken off the market, or listed with a real estate agent.
- You agree to notify the company immediately following the real estate closing so that we may pick up our signage and change the status of your property on our site to “Sold”. If for any reason you decide to cancel your listing for any reason, simply notify us at CANCEL@byownermissoula.com. We will then come out to the listed property to collect all signage.
Sign Policies
Our company provides you with the rental of attractive, professional signage.
- Yard Sign Underground Utility/Sprinkler Policy:
It is your responsibility to call Before You Dig at 1-800-424-5555 prior to sign placement for utility locating. It is your responsibility to place a flagged-marker in the location that the Yard Sign is to be safely located. In the event that a flagged-marker has not been placed by the customer to locate the placement of the Yard Sign, the company is granted the permission to do so. The company, in any instance, is not responsible for damage to any underground utilities or sprinkler systems from the placement of Yard Signs. The company is not responsible for any bodily or property damage from any individual who attempts to install, remove, or relocate any sign, that has been provided by the company. Purchasing any of our services indicates your agreement and compliance with this policy.
- Delivery & Placement of Signage:
All signage will be delivered in approximately 2-3 business days form the time of listing with this website.
The Yard Sign is the only sign to be installed by our company. All other signage, such as directional and open-house signs are to be placed by the customer. These signs will be laid at your front/side entrance (or other place, if you specify) for you to install. The company is not responsible for any fine or penalty resulting from unlawful placement. The customer is responsible for any consequences that may result from the placement of these signs.
- Writing on Signage:
All signage (with the exception of the open-house sign) must not be tampered with, written upon or destroyed in any way. The open-house sign will have an area to write the address of your home, directing drive-by traffic to your open house. Even though this sign has been written on it will still be collected at the appropriate time. The signs production cost will be charged to any sign that is written on (with the exception of the open-house sign)
- Returning all signage:
You are required to make all signage and brochure box available for pick up at the expiration or cancellation of your listing. You are required to gather the directional sign, and open-house sign for pick-up. You are responsible for their safekeeping.
The yard sign is only to be removed by our company. The customer is held responsible for any damaged or missing yard sign and/or parts. Fees are: 18x24 Sign Panel $10, Steel Swinging Post $50, Brochure Box $15, Lower Rider $10 (if rented).
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