Terms and Conditions
Updated October 10th, 2019
If you have any questions about our terms, please contact us.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.123FlatFee.com, FlatFeeGuru.com or Roseteam.com website(s) (the “Service” or “our Site”) operated by The RoseTeam (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. We own and operate this website and provide services and information (“services”) to you (“users” and “customers”), which are subject to and under the following Terms and Conditions of Use (further referred to as the “terms”, “conditions”, and “agreement”).
PURCHASES, ACCOUNT REGISTRATION AND RESPONSIBILITY:
CUSTOMER ACCOUNT ACCURACY:
You agree to submit only accurate and current information to the website. You also agree to keep all information updated so that it is true and complete at all times. If We discover or suspect any information you have submitted to be untrue, inaccurate, misleading, or incomplete We may remove the information, suspend your account, and/or delete your account altogether at any time and deny any future service to you.
YOU AGREE TO LIST, MARKET, AND/OR TRANSACT ON OUR SERVICE ONLY THOSE PROPERTIES WHERE YOU ARE THE OWNER OR HAVE THE EXPRESS WRITTEN CONSENT OF THE OWNER TO ACT ON THEIR BEHALF.
AVAILABILITY, ERRORS AND INACCURACIES:
We are constantly updating product and service(s) on Our Site. We may experience delays in updating information on the Service and in Our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and We cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
PRICES AND AVAILABILITY:
All prices are subject to change at any time, are dependent upon the discounts or specials in effect at any given time, and certain products may not be available in all areas. The sales channel chosen (internet, fax, email, phone, etc.) and location may dictate the pricing for any given product.
Once a product has been printed or a service has been initiated, you will be unable to return or cancel that item. Contact the third-party vendor who is assisting you immediately if you wish to cancel an ordered product or service that not yet been delivered. Should We verify an item may be cancelled, We will issue a refund to the credit card on which it was ordered.
MLS SERVICE INFORMATION:
All customers who purchase MLS listing service are responsible for providing the necessary information required by the applicable local MLS service to make the listing viewable by users of the MLS and the general public. If you request the cancellation of your listing from the MLS and later decide to re-list the property on the MLS through Our Site, you may be required to purchase new MLS listing service. ALL REQUESTED MLS LISTING CHANGES MUST BE SUBMITTED ELECTRONICALLY IN THE ‘MLS LISTING’ SECTION. If your property is currently listed with a licensed real estate broker, this service is not to be considered a solicitation for listing. MLS service may be subject to additional restrictions for various reasons including, but not limited to, changes in laws or changes in regulations. THE ONLY RECOURSE AVAILABLE TO YOU IN THE EVENT THAT YOU OBJECT TO ANY CHANGES IN MLS LISTING SERVICES IS TO DISCONTINUE THE USE OF THE MLS LISTING SERVICES. YOUR CONTINUED USE OF MLS LISTING SERVICES FOLLOWING THE POSTING OF CHANGES OR THE NOTIFICATION OF CHANGES INDICATES YOUR ACKNOWLEDGMENT AND AGREEMENT WITH THE CHANGES.
REAL ESTATE SIGNS:
You should check your local city, neighborhood or HOA regulations prior to purchasing any real estate signs from Us as the local regulations my not permit us to use and or display signs for whatever reason. THERE IS NO REFUND AVAILABLE ON REAL ESTATE SIGNS ONCE THEY HAVE BEEN SENT, WITHOUT EXCEPTION.
We do NOT sell customer information to any third-parties and will only refer you to a third-party at your request. WE MAKE NO CLAIMS AS TO THE ACCURACY, LEGALITY, OR QUALITY OF ANY OF THE PRODUCTS OFFERED BY THESE THIRD-PARTY VENDORS, WEBSITES, OR BUSINESSES. YOUR USE OF OUR SERVES AS YOUR UNDERSTANDING, AGREEMENT, AND ACKNOWLEDGEMENT THAT WE ARE NOT LIABLE IN ANY WAY FOR THE PRODUCTS OFFERED BY THESE THIRD-PARTY WEBSITES OR BUSINESSES. We allows third-party vendors (such as real estate agents) to create accounts on Our website so they may advertise their pricing. If you have requested that we send your information to a third-party or referral partner, We may collect a referral fee from that third-party or referral partner (if allowable by law).
Any transactions or communications you have through our service with parties other than Us, are completely and without exception between you and that third-party. We are not involved whatsoever in any transaction or discussions you have with the third-parties in question. Communications and issues regarding purchases through third-parties are to be resolved with that third-party and should not be referred to Us as We have no part in that transaction.WE DO NOT ENDORSE OR WARRANT ANY OTHER PARTY OR THE PRODUCTS AND SERVICES THEY PROVIDE.
PROPERTY SYNDICATION TO THIRD-PARTY WEBSITES:
You may elect to have your property listing sent to third-party websites to increase the exposure to potential buyers. IF YOUR LISTING IS REJECTED BY ANY OF THESE THIRD-PARTY WEBSITES, YOU SHALL HAVE NO RECOURSE AGAINST US, NOR SHALL YOU BE ENTITLED TO A REFUND OF ANY SORT. The list of third-party websites that We syndicate to is subject to change at any time, for any reason, and without notice to you. In addition, you are not entitled to a refund of any money paid if you disagree with the changes that have been made. THE ONLY RECOURSE AVAILABLE TO YOU IN THE EVENT THAT YOU OBJECT TO ANY OF THE CHANGES IN THE LIST OF THIRD-PARTY WEBSITES THAT WE SYNDICATE TO IS TO DISCONTINUE THE USE OF OUR SERVICE. Third-party websites are not under the control of our service and therefor We cannot guarantee that your listing will display properly, if at all, on the third-party websites. In addition, We are not responsible for any changes made to the third-party websites as they are completely Out of our control. YOUR USE OF OUR SERVES AS YOUR UNDERSTANDING, AGREEMENT AND ACKNOWLEDGEMENT THAT WE NO LIABILITY WHATSOEVER IN REGARDS TO (1) THE THIRD-PARTY WEBSITES THAT WE CHOOSE TO SYNDICATE TO (2) THE MANNER IN WHICH THIRD-PARTY WEBSITES USE, DISPLAY, AND/OR MODIFY YOUR PROPERTY LISTING. THE ONLY RECOURSE AVAILABLE TO YOU IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS AND CONDITIONS IS TO DISCONTINUE THE USE OF OUR SERVICE. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES OR THE NOTIFICATION OF CHANGES INDICATES YOUR ACKNOWLEDGMENT AND AGREEMENT WITH THE CHANGES.
CONTENT YOU PROVIDE:
In providing any content that is to be displayed on or through Our Site you warranty that:
- you have all necessary rights to the content provided;
- the information provided is accurate, up to date, and complete;
- if the content is a property listing, you are the owner of the property or have the expressed written consent of the property owner to take such actions;
- the content does not violate these Terms and Conditions of Use;
- the content will not cause injury to any party;
- you are not infringing on any intellectual property rights of any third-party.
It is particularly important that you have owner rights to photos, virtual tours, or other similar media that is uploaded to our service. Any media which was generated by a previous real estate agent or other party in the selling of your home must be released to you by that party. You agree to pay any fines associated with your use of content that you do not own the rights to use.
You agree that any content you provide is submitted to Us with the understanding that you will not receive any compensation for the content. You also agree to grant Us the perpetual, irrevocable, royalty-free license to utilize the content in any way we see fit, including (but not limited to): displaying, distributing, manipulating, storing, and creating adaptive works from the original content. We may conduct any of the aforementioned utilizations through any communication medium or technology available currently or developed in the future. You understand and agree that We will share the content you provide to third-party websites. Any content provided to us should be considered by yourself as information available to the general public, without exception. In addition, you grant Us the right to use your content in promotional materials for Our website.
ANY FALSE, OFFENSIVE, MISLEADING, DECEPTIVE OR DISCRIMINATORY CONTENT POSTED ON OUR SITE IS A VIOLATION OF THESE TERMS AND WILL LEAD TO AN IMMEDIATE SUSPENSION OF YOUR ACCOUNT.
LEGAL DOCUMENTATION AND ASSISTANCE:
We do not guarantee the accuracy or legality of input provided by customers into any transaction documentation obtained through our Service. We are not licensed to provide legal services of any sort and cannot answer any questions regarding legally binding transactions. We does not guarantee the accuracy or legality of any information found on our website. AN ATTORNEY-CLIENT OR BROKER-CLIENT RELATIONSHIP IS NOT CREATED THROUGH THE USE OF ANY OF OUR SERVICE(S). IF YOU NEED LEGAL ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL AS THEY ARE THE ONLY PEOPLE WHO CAN PROVIDE THESE SERVICES TO YOU. YOU SHOULD CONSULT A PROFESSIONAL TO VERIFY THE SPECIFIC TERMS OF YOUR CONTRACT ARE LEGALLY BINDING AND IN ORDER. IN ADDITION, YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT WE ARE NOT PROVIDING LEGAL ADVICE. THE USE OF REAL ESTATE FORMS PROVIDED BY OR THROUGH OR SITE(S) IS AT YOUR OWN RISK.
WE DO NOT STORE ANY DOCUMENTATION FOR ANY USER ON THE WEBSITE. IF YOU WISH TO OBTAIN A COPY OF ANY DOCUMENT WHICH YOU HAVE SIGNED, YOU MUST DOWNLOAD THAT DOCUMENT TO YOUR COMPUTER. TRANSACTIONS THAT ARE NOT ACTIVELY BEING CONDUCTED ARE SUBJECT TO BEING REMOVED FROM THE WEBSITE AT ANY TIME.
REAL ESTATE BROKERAGE AND ADVICE:
A BROKER-CLIENT RELATIONSHIP IS NOT CREATED WITH US THROUGH THE USE OF 123FLATFEE, FLATFEEGURU OR ROSETEAM. IF YOU NEED REAL ESTATE ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL AS THEY ARE THE ONLY PEOPLE WHO CAN PROVIDE THESE SERVICES TO YOU. IN ADDITION, YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT IN THE EVENT WE PROVIDE SERVICES THAT REQUIRE A BROKERAGE LICENSE, A SEPARATE AGREEMENT WILL BE PROVIDED WHICH STATES THE LIMITATIONS OF THE SCOPE OF SERVICES PROVIDED BY OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE EVER REPRESENT ANY PARTY IN ANY REAL ESTATE TRANSACTION.
LIMITATION OF LIABILITY:
In no event shall Our Service, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The Service and its original content, features and functionality are and will remain the exclusive property of our service and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Service without the prior written consent from Us.
You agree to defend, indemnify and hold harmless our Service and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding our Service, and supersede and replace any prior agreements we might have had between Us regarding the Service.
TERMINATION OF SERVICE:
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We, our subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. IMPORTANT: There are certain safety precautions you may wish to take in the sale of your property. The actions taken in advertising and marketing your property (including, but not limited to, erecting a for sale sign, placing your property on our site, purchasing MLS service, purchasing lockbox service, distributing flyers, holding open houses, giving tours of the property, and publishing photos and/or video) all may put your personal safety, the safety of your family, and your property in danger. You are encouraged to store all valuables, drugs, and weapons in a safe location and to purchase and/or maintain insurance. In the past, home sellers and real estate agents have been victims to crimes perpetrated by individuals pretending to be potential buyers. You must take all reasonable and necessary precautions to safeguard your safety and the safety of others during the sale of your property.