Terms & Conditions & No-Responsibility Disclaimer

Terms & Conditions & No-Responsibility Disclaimer

Welcome to www.sbohomes.com (the “Website”), which includes the mobile application, collectively referred to as “SBO Sale By Owner,” a registered trademark property of Hurt & Hueck LLC. These terms of use (the “Terms”) constitute a legal agreement between you (the “User”) and Hurt & Hueck LLC (“SBO”) concerning your access to and use of the Website and its services (the “Services”). PLEASE REVIEW THESE TERMS CAREFULLY before using the Website and Services

 

  1. Acceptance of Terms of UseWhenever you browse the Website or use any of the Services, you agree to be bound by the Terms of Use. IF YOU DO NOT WANT TO ACCEPT THE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE OR THE SERVICES. SBO may amend the Terms of Use at any time, at its complete discretion. Your use of the Website and/or the Services, after an amendment has been posted, shall be deemed to signify your acceptance of the revised Terms of Use. We ask that you review this page regularly.

SBO reserves the right to cancel the Terms of Use and/or your right to browse and use any or all of the Website or Services, without notice, at its complete discretion.

 

 

  1. Nature of Services

The Website is designed to facilitate the sale or rental of properties (“Properties”) directly between sellers and buyers, or lessors and lessees, without the intervention of third-party agents or brokers. SBO IS NOT A REAL ESTATE BROKER AND DOES NOT PROVIDE ANY BROKERAGE SERVICES. The role of SBO is strictly limited to providing a platform for listing properties. All transactions, negotiations, and due diligence are the responsibility of the parties involved.

Although SBO Sale By Owner strives to use its best efforts to keep the Website secure and maintain its integrity, SBO MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE PROPERTIES, THE VALIDITY OR ACCURACY OF THEIR DESCRIPTIONS, OR THE CAPACITY OF THE SELLERS OR LESSORS TO SELL OR RENT THEIR PROPERTIES OR OF THE BUYERS OR LESSEES TO PURCHASE OR RENT THEM.

SBO IS NOT A REAL ESTATE BROKERAGE AND DOES NOT OFFER ANY REAL ESTATE BROKERAGE SERVICES.

From time to time, the Website may provide information on the various aspects of selling and renting a property (“Information”). Such Information is provided solely for educational purposes and shall in no event be construed as advice, an opinion, recommendation or action plan. The Website and its use are not intended as a substitute for and do not replace consultation with a qualified professional, where applicable.

 

Buyers, Sellers, Landlords and Tenants must all conduct proper due-diligence when buying, selling or leasing commercial property. Due diligence should include, but not be limited to, matters involving zoning, permitting, environmental and all other regulatory matters, plus financial underwriting of participating parties including research associated with bankruptcy, foreclosure and financial capability.

 

  1. User Responsibilities

3.1 Compliance with Laws: Users must comply with all federal, state, and local laws, including but not limited to fair housing laws, consumer protection laws, and property disclosure requirements.

 

3.2 Seller’s Disclosure Obligations: Sellers are solely responsible for ensuring full and accurate disclosure of any material facts or defects related to their Properties as required by law, including but not limited to structural integrity, environmental hazards, zoning restrictions, and any conditions that could impact the safety or value of the Property.

 

3.3 Buyer’s and Tenant’s Due Diligence: Buyers, tenants, and lessees are responsible for conducting due diligence, including but not limited to, zoning, permitting, environmental assessments, and financial underwriting. SBO does not verify the accuracy of listings or property conditions and assumes no liability for incomplete or inaccurate information provided by Sellers.

 

3.4 Prohibited Uses: Users may not post inaccurate, misleading, defamatory, or illegal content, including content that promotes discrimination or violates applicable laws. SBO reserves the right to remove any such content and suspend or terminate User access to the Website.

 

 

  1. Disclaimer of Liability.

4.1 No Warranty. THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU BROWSE AND USE THE WEBSITE AND ITS FUNCTIONALITIES AT YOUR OWN RISK. SBO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEBSITE, THE SERVICES OR THE CONTENT. SBO ASSUMES NO RESPONSIBILITY FOR ANY MISLEADING CONTENT OR INCORRECTLY LISTED INFORMATION.

SBO ASSUMES NO LIABILITY FOR THE FAILURE TO SELL OR COMPLETE THE SALE OF YOUR PROPERTY THROUGH THE WEBSITE.

SBO ASSUMES NO LIABILITY IN CASE OF FORCE MAJEURE CAUSING THE PARTIAL OR COMPLETE INTERRUPTION OF THE SERVICES, TEMPORARILY OR PERMANENTLY. FOR ILLUSTRATIVE PURPOSES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SBO ASSUMES NO LIABILITY FOR THE INTERRUPTION OF THE SERVICES CAUSED BY A THIRD PARTY, INCLUDING THE TERMINATION OF ANY THIRD PARTY’S ACTIVITIES WHICH ARE ESSENTIAL TO PROVIDE THE SERVICES.

SBO, ITS AFFILIATES, THEIR DIRECTORS, EMPLOYEES, MANDATARIES, AGENTS, AND LICENSORS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR DAMAGE OF ANY KIND, INCLUDING INDIRECT, SPECIAL OR FORTUITOUS DAMAGE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR PERFORMANCE OF THE WEBSITE, THE SERVICES OR THE CONTENT CONTAINED THEREON OR ON ANY OTHER SITE YOU MAY LINK TO THROUGH THE WEBSITE, EVEN IF THEY WERE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGE.

SBO, ITS AFFILIATES, THEIR DIRECTORS, EMPLOYEES, MANDATARIES, AGENTS AND LICENSORS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM ANY LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USING THE WEBSITE AND ITS FUNCTIONALITIES OR THAT OF ANY ADVERTISER OR SPONSOR ON THE WEBSITE (“THIRD-PARTY USERS”) AND SHALL IN NO EVENT BE LIABLE FOR ANY HARM, LOSS OR DAMAGES (INCLUDING SPECIAL, INDIRECT OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM (i) THE ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY USER; OR (ii) THE USE OF OR INABILITY TO USE ANYTHING OR ANY SOFTWARE, CONTENT, GOODS OR SERVICES ON OR OFFERED THROUGH A SITE LINKED TO THE WEBSITE.

4.2 No Brokerage Services: SBO does not offer real estate brokerage services and is not a party to any transaction between buyers, sellers, lessors, or lessees. SBO does not validate or guarantee the financial capability of any party or the legal sufficiency of any transaction. Users are encouraged to seek legal and financial advice before entering into any transaction.

 

  1. Indemnification

5.1 Seller’s and Landlord’s Indemnification: Sellers and Landlord’s agree to indemnify, defend, and hold harmless SBO, its affiliates, officers, directors, employees, agents, and successors from any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

   – The sale, rental, or attempted sale/rental of a Property, including but not limited to any claims for non-disclosure, misrepresentation, or violation of fair housing laws.

   – Any inaccuracy or incompleteness of information provided by the Seller in connection with the Property.

   – Any breach of this Agreement or violation of applicable law by the Seller.

 

5.2 Buyer’s and Tenant’s Indemnification: Buyers, tenants, and lessees agree to indemnify and hold harmless SBO, its affiliates, officers, directors, employees, agents, and successors from any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

   – Any disputes arising from the purchase, lease, or attempted purchase/lease of a Property.

   – Any breach of this Agreement or violation of applicable law by the Buyer or Tenant.

   – Any harm or injury occurring on the Property during any open house, viewing, or inspection.

 

5.3 General Indemnification: Users agree to indemnify and hold SBO harmless from any claims, demands, liabilities, or expenses arising out of:

   – Violations of these Terms or any applicable laws.

   – The use or misuse of the Website, including any content or services.

   – Third-party claims related to content submitted by Users.

 

 

  1. Limitation of Liability

To the maximum extent permitted by law, SBO, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the use or inability to use the Website or Services, even if SBO has been advised of the possibility of such damages.

 

SBO assumes no responsibility for any loss of profit, property, or business opportunity resulting from the use of the Website. SBO SHALL NOT BE LIABLE FOR THE FAILURE TO COMPLETE THE SALE OR RENTAL OF ANY PROPERTY listed on the Website.

 

 

  1. CopyrightAll material, articles, text, illustrations, graphics, images, photographs, virtual tours, information, audio or video clips, data, databases, maps, files, software and codes available on the Website (the “Content”), including the manner in which the Content is presented, are protected by US and foreign law, including copyright law, and belong to SBO, its affiliates, licensors and/or the party acknowledged as the Content supplier. Without limiting the generality of the foregoing, SBO owns the copyrights in all photographs posted on the Website and/or taken by SBO, its employees, representatives, mandataries, agents, and/or licensors.

You shall not: (i) copy, reproduce, modify, adapt, translate, download, distribute or transmit all or any part of the Content; (ii) perform “data scraping”, “database scraping” or any other activity intended to collect, store, reorganize or manipulate data from the Website or any part of the Content in any form and by any means; (iii) sell, lease, license or otherwise use the Content for commercial, public or non-personal purposes; (iv) modify, remove or cover any trade-mark or proprietary notice included in the Content; (v) decompile, disassemble, decrypt, extract or reverse engineer the Website and its components, including, in particular, the Content, or help anyone do so; or (iv) use the Website in any way that could damage, impair, overburden, disable, or otherwise affect the Website or any services, accounts, servers, networks, resources, linked or accessible through the Website.

 

  1. TrademarksThe SBO trademark is a trademark of Hurt & Hueck LLC. The other names, words, title, phrases, logos, drawings, graphics, icons and trademarks posted on the Website may constitute trademarks of SBO or of a third party. Nothing on the Website shall be construed as granting you any license or right of use of any logo, drawing or trademark of SBO or a third party.

  2. SubmissionsVia the Website, you can post and submit messages, data, text, photographs, images and other material (“Your Content”) and interact with SBO, its employees, agents, mandataries and other users.

You are fully responsible for the quality and accuracy of Your Content. You agree that Your Content must not violate or infringe upon the rights of others, including privacy, confidentiality, personally identifiable information and intellectual property rights, contravene any law, regulation or government order, infringe any applicable third party terms of use, including any terms of use related to the use of a mobile application or related to a service for which the terms of use are accessible on the Website, or constitute false, misleading, or otherwise illegal information. You agree not to use the Website to harass or abuse, send spam or any unwanted communications, including for commercial purposes, or send unlawful, libelous, obscene, offensive, threatening, aggressive, abusive, discriminatory or otherwise objectionable messages.

SBO reserves the right, without any obligation, to monitor the Website, Your Content or any of the content accessible via the Website, in its sole discretion, and to disclose any information necessary in order to comply with any law, regulation or government request, in the interest of operating the Website properly or protecting itself or its users. SBO may remove Your Content and/or terminate, limit or suspend your access to the Website for any reason.

 

  1. Links to Third-Party SitesThe Website contains links to third-party sites (the “Third-Party Sites”) which will direct you away from the Website. SBO provides these links for your convenience. The Third-Party Sites are not under SBO’s control and the links shall not be construed as approval or an endorsement of their content by SBO. SBO shall not be liable for the content of Third-Party Sites, the links they contain or any changes or updates made to them, and SBO makes no warranty in that respect.

  2. General Notice. FAIR HOUSING. You acknowledge that it is illegal, pursuant to federal fair housing law, 42 U.S.C.A.3601, to refuse to sell, transfer, assign, rent, lease, sublease or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of race, color, religion, sex, familial status, disability or national origin or to so discriminate in advertising the sale or rental of housing, in the financing of housing, or in the provision of real estate brokerage services. It is also illegal, for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or respective entry into the neighborhood of a person or persons belonging to one of the protected classes.

 

  1. No-Responsibility Disclaimer. SBO through this communication notifies the general public that we are not responsible in any way for the acts, accidents, actions, errors, faults, breach of contracts, or misconduct, including the loss or theft of any item during the open house or visits, of or non-compliance on the part of the seller or buyer. Therefore, once this is understood, you as a user are welcome to use our platform.

SBO does not have an obligation to disclose any risk condition of the property that could present a risk of personal injury or death to buyers or visitors, this disclosure is the sole responsibility of the seller to the buyer. Therefore, having been advised about the mentioned disclosure the visitors or potential buyers elect to enter the subject property if desired.
The General Public agrees that this disclaimer shall be binding upon him/ her/ them, his/ her/ their heirs, representatives, executors, administrators, assigns, and insurance carrier and shall insure to the benefit of the SBO, its agents, employees, servants, successors, and assigns.

 

  1. Arbitration and Governing Law

13.1 Arbitration: Any dispute arising out of or relating to these Terms or the use of the Website or Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Miami, Florida, and the language of arbitration shall be English.

 

13.2  Governing Law: These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles. Any court proceedings related to the enforcement of arbitration awards shall be filed in the state or federal courts located in Miami, Florida.

 

  1. Amendments and Waivers

SBO reserves the right to amend these Terms at any time. Amendments will be effective upon posting on the Website. Users should review the Terms periodically to stay informed of any changes. The failure of SBO to enforce any provision of these Terms shall not be deemed a waiver of such provision.

 

  1. Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the use of the Website and supersede all prior agreements and understandings, whether written or oral.

 

  1. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

  1. Contact Information

For any questions regarding these Terms, please contact SBO https://sbohomes.com/contact/,

 

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