Knoxville TN Homes For Sale By Owner - FSBO Knoxville, Tennessee

Knoxville TN Homes For Sale By Owner

Includes Gatlinburg & Pigeon Forge

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Terms and Conditions



LBO Marketing Partners, LLC dba www.ListedByOwner.com, a South Carolina Limited Liability Company, having the main business address at 1606 Mill Street, Camden, SC 29020, provides various services on www.ListedByOwner.com which are subject to and agreed to under the following Terms & Conditions. YOU MUST FULLY AGREE TO THE TERMS & CONDITIONS TO PURCHASE AND/OR USE THESE SERVICES. YOU MUST ALSO AGREE AND ACKNOWLEDGE TO HAVE READ AND UNDERSTOOD THE TERMS & CONDITIONS AND ACKNOWLEDGE AND AGREE TO BE BOUND BY THEM WITHOUT SIGNATURES OR LIMITATION. Definitions “You” refers to the users of www.ListedByOwner.com. “Customers” refers to those who purchase any item, product, or service on www.ListedByOwner.com, including, but not limited to their property listings on www.listedbyowner.com. “We, Our, or Us” refers to LBO Marketing Partners, LLC dba www.ListedByOwner.com, the operator and owner of www.ListedByOwner.com. Account Setup and Registration When you open or register an account or service with www.ListedByOwner.com, you accept any and all activities that occur within your account or registration. Accounts or registrations, are for individual use and are not to be re-sold, transferred, or shared. Once you register, an email will be sent to the email address you specify when registering with a confirmation of your ID and PASSWORD. At this time, you may login to www.ListedByOwner.com and choose among our products and services, included but not limited too those mentioned in these Terms & Conditions. Charges will be billed to the debit or credit card you specify when choosing a product or service and will be charged immediately. Your listing will be posted immediately on www.ListedByOwner.com. Any affiliated, or third party service included in your package, will have a set up period within the scope outlined in these Terms and Conditions. Refer to Property Listings. You acknowledge, and agree to hold harmless, LBO Marketing Partners, LLC DBA www.ListedByOwner.com, its affiliates, employees, advertisers, and partners from any and all liability from any services provided, offered, advertised, or promoted from www.ListedByOwner.com. You further agree to contact the company of any service provided by any advertiser, third party, or partner with technical questions, disagreements, or disputes. User Name & Password: It is your responsibility to maintain confidentiality with your user name and/or login and password information. If you believe your user name and password have been compromised, email us immediately at www.ListedByOwner.com. Charges & Fees: You are fully responsible for all fees and/or charges, including applicable taxes associated with your account or registration. We may bill charges automatically to your debit or credit card. These charges are non-refundable, unless specifically noted in these terms & conditions, and are billed upon registering or as charges are incurred. You are responsible for any charges and/or fees via Internet access or third party services. If your account with www.ListedByOwner.com remains inactive for a period of more than 12 months, www.ListedByOwner.com reserves the right to cancel, or terminate said account. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE, IN ANY FASHION, FOR UNAUTHORIZED USE OF YOUR ACCOUNT, USER NAME, LISTING NUMBER, OR PASSWORD. You agree to provide www.ListedByOwner.com with true and accurate information when registering an account or service on www.ListedbyOwner.com and/or its authorized affiliates. You further agree to provide and maintain updated information at all times while using services with www.ListedByOwner.com and/or its authorized affiliates. Failure to maintain true, complete, and accurate information will be grounds for termination of use and services of www.ListedbyOwner.com. You acknowledge to be at least 18 years of age or older and are competent to enter into a binding contract. Use of www.ListedByOwner.com is for personal use, not for the use of commercial purposes, political, religious, or any other agenda outside of listing your property for sale and use of services and information provided from www.ListedByOwner.com or its authorized affiliates. www.ListedByOwner.com is not to be used to enhance, or further a commercial enterprise, and information on www.ListedByOwner.com is not to be used as such. You agree to not resell, duplicate, copy, sell, or exploit any information, or part, of www.ListedByOwner.com and its authorized affiliates, or its services. YOU MAY NOT POST LINKS IN YOUR LISTING OTHER THAN THOSE AUTHORIZED IN WRITING BY WWW.LISTEDBYOWNER.COM. YOU AGREE TO COMPENSATE WWW.LISTEDBYOWNER.COM FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000 FOR EACH OCCURRESCE OR VIOLATION OF THE ABOVE. Property Listings Free Listing www.ListedByOwner.com allows for a free listing, with video, up to 5 pictures, file attachments, property description, and other functions such as interactive mapping, visitor tracker, and built-in contact forms. Postings on www.ListedByOwner.com are for real estate listings only. PHOTOS MAY NOT ISCLUDE ANY EXPLICIT IMAGES OR CONTENT, ISCLUDING BUT NOT LIMITED TO, ANY CONTENT SEXUAL IN NATURE, OR CONTAINING ANY PROFOUND LANGUAGE. DESCRIPTIONS OR FILE ATTACHMENTS ARE NOT TO CONTAIN ANY EXPLICIT IMAGES OR CONTENT, ISCLUDING BUT NOT LIMITED TO, ANY CONTENT SEXUAL IN NATURE, OR CONTAINING ANY PROFOUND LANGUAGE. Violation or Failure to comply will result in the immediate termination of the listing, and loss of any, and all fees paid, if any. You further agree to maintain updated information about your listing and agree to cancel when property is no longer for sale, sold, or otherwise no longer available. $29.95 Per Month Plan. Customers registered under this plan will be billed monthly; $29.95 every 30 days from the day the ad is placed. The initial charge will include a $4.95 shipping and handling fee. The debit or credit card, registered to pay will be charged automatically every 30 days from the day the ad is placed and continue until the ad is cancelled by you, the customer. www.ListedByOwner.com must receive the cancellation request at least 2 business days prior to the next renewal date. THE PLAN WILL NOT BE CASCELLED UNLESS YOU RECEIVE A CONFIRMATION EMAIL FROM www.ListedByOwner.com. You can cancel your listing by emailing us at cancel@listedbyowner.com, or by calling our toll free number listed at www.ListedByOwner.com. $99 Until Sold Listing Customers under this listing are charged a one time setup fee of $99.00, plus $4.95 for shipping and handling. This listing comes with (1) One Yard Sign, (1) Directional Sign, (1) Brochure Holder, and (2) Two Sign Stakes and should be received within 4 to 7 business days. www.ListedByOwner.com is not liable for postal delays of these items, i.e., such as postal holidays, forces of nature, natural disasters, postal strikes, postal equipment failure, incorrect address or any other cause for a delay. www.ListedByOwner.com will make every attempt to provide said items in a timely fashion. Your home listing can be posted for up to 1 year, AND CONTINUE to be posted on an as needed renewal basis for 60 days at a time thereafter if still available for sale by you, the customer. It is the customers responsibility to renew the listing every 60 days after the 12th month of the initial purchase. Failure to do so will cause the listing to expire, and consequently will have to be repurchased by you the customer. $199 Until Sold Listing with Interactive Video. Customers under this listing will be charged a one time setup fee of $199.00, plus $4.95 for shipping and handling. This listing comes with (1) One Yard Sign, (1) Directional Sign, (1) Brochure Holder, and (2) Two Sign Stakes and should be received within 4 to 7 business days. www.ListedByOwner.com is not liable for postal delays of these items due to condition such as postal holidays, forces of nature, natural disasters, postal strikes, postal equipment failure, incorrect address or any other cause for a delay. www.ListedByOwner.com will make every attempt to provide said items in a timely fashion. In addition, this listing will have an edited, interactive video. The unedited version will need to be provided by you, the customer, and uploaded to our affiliate, CoolToors.com per their specifications. You also acknowledge that if need be, a videographer may be contracted by you, or may be required, at an additional cost, and is not included in the $199.00 charge to www.ListedByOwner.com. You will receive a video Identification Number and will need to post this number in the video ID section in your management section when you log into your account with www.ListedByOwner.com in order for the video to be displayed. The video can be displayed for up to a period of 180 days from the day the ad was placed. Any modifications and/or changes requested for the video may cause additional fees, determined by www.ListedByOwner.com, or its video provider. Your home listing can be posted for up to 1 year, AND CONTINUE to be posted on an as needed renewal basis for 60 days at a time thereafter if still available for sale by you, the customer. It is the customers responsibility to renew the listing every 60 days after the 12th month of the initial purchase. Failure to do so will cause the listing to expire, and consequently will have to be repurchased by you, the customer. www.ListedByOwner.com is not responsible, and is held harmless of ANY liability or loss arising from the quality, production, mechanics, or otherwise overall performance and satisfaction of said video. You, the customer, further agree to hold www.ListedByOwner.com harmless if there is a hosting failure due to maintenance, servicing, natural disaster, strike, or other cause of disruption out of www.ListedByOwner.com’s control. $199 Until Sold Listing with Anytime Answering Service. Customers under this listing will be charged a one time setup fee of $199.00 plus $4.95 for shipping and handling. This listing comes with (1) One Yard Sign, (1) Directional Sign, (1) Brochure Holder, and (2) Two Sign Stakes and should be received within 4 to 7 business days. www.ListedByOwner.com is not liable for postal delays of these items due to conditions such as postal holidays, forces of nature or natural disasters, postal strikes, postal equipment failure, incorrect address or any other cause for a delay. www.ListedByOwner.com will make every attempt to provide said items in a timely fashion. In addition, you will be provided a toll free number and a property ID listed as your extension. THE NUMBER CAN ONLY BE USED, PUBLISHED, AND/OR DISPLAYED ON THE YARD SIGN IN FRONT OF YOUR HOME. FAILURE TO DO SO MAY LEAD TO THE TERMINATION AND CASCELATION OF THE LISTING PACKAGE AND ITS ANSWERING SERVICE NUMBER. The phone service can be active for up to 180 days from the day the listing was placed. After this period, the anytime answering service may continue at the rate of $39.95 per month. Your home listing can be posted for up to 1 year, AND CONTINUE to be posted on an as needed renewal basis for 60 days at a time thereafter if still available for sale by you, the customer. It is the customers responsibility to renew the listing every 60 days after the 12th month of the initial purchase. Failure to do so will cause the listing to expire, and consequently will have to be repurchased by you the customer. www.ListedByOwner.com is not responsible, and you agree, acknowledge, and hold harmless any liability or loss arising from the quality, production, mechanics, or otherwise overall performance and satisfaction of said answering service. You, the customer, also understand and acknowledge the anytime answering service is provided by our affiliate Viroper, LLC, and you further agree to hold www.ListedByOwner.com harmless at anytime in which there may result a answering or call failure due to maintenance, servicing, natural disaster, strike, or other cause of disruption out of www.listedbyowner.com’s control. $399 Flat Fee MLS. Customers will be billed a one time setup fee of $399.00 under this listing and the customers’ property will be listed on an available local multiple listing service (MLS) for a period of up to six months. Being on the MLS allows access to your property by real estate brokers and agents in the area. Only one photo can be used on MLS and the MLS listing is activated separately from your listing with www.ListedByOwner.com. It may take up to 5 to 7 business days for your property to show on the MLS service. www.ListedByOwner.com is not a real estate broker, or an agent; therefore, all MLS listings will be handled by an independent, local real estate broker in your area. The broker will contact you and activate your MLS listing for you. www.ListedByOwner.com does not have any knowledge, involvement in the terms between you, the customer, and the real estate broker. Any MLS listed property will be subject to pay a buyer’s agent commission. Any additional fees that are state or county specific, or agreed upon between you and the real estate broker/ agent, are in no way the responsibility of www.ListedByOwner.com and/or its affiliates. You agree to hold harmless LBO Marketing Partners, LLC DBA www.ListedByOwner.com for any unmet expectations, services, or overall performance provided to you from the real estate broker/ agent, or the MLS. This listing comes with (1) One Yard Sign, (1) Directional Sign, (1) Brochure Holder, and (2) Two Sign Stakes and should be received within 4 to 7 business days. www.ListedByOwner.com is not liable for delays of these items due to postal conditions such as postal holidays, forces of nature or natural disasters, postal strikes, postal equipment failure, incorrect address or any other cause for a delay. www.ListedByOwner.com will make every attempt to provide said items in a timely fashion. Your home listing can be posted for up to 1 year on www.ListedByOwner.com, AND CONTINUE to be posted on an as needed renewal basis for 60 days at a time thereafter if still available for sale by you, the customer. It is the customers responsibility to renew the listing every 60 days after the 12th month of the initial purchase. The listing on the MLS will be for a period of 6 months, after which will have to be renewed for an additional fee determined at that time. Refund Policy. www.ListedByOwner.com will provide a full refund if the refund is requested via email to cancel@listedbyowner.com, within 24 hours of the initial order. Refund exceptions: There will be a $100 cancellation fee for the $399 Flat Fee MLS listing and you, the customer, will be refunded the difference. There are NO refunds if cancellation is requested 24 hours after the initial order placement. No refund or credit will be given, if you decide to no longer have your home or property listed with www.ListedByOwner.com, or if you sell your home, or find a buyer for your home, after 24 hours of the initial order. Consent to E-mail Communications from www.ListedByOwner.com, Affiliates, Partners, Members, and Third Parties. By purchasing, using and/or registering services on www.ListedByOwner.com, you expressly consent and opt-in to receiving e-mail, correspondence and/or any other communication from www.Listedbyowner.com, its affiliates, related companies, partners, advertisers, and members. Some may contact you directly by phone, and by consenting, you expressly agree and opt in to having advertisers, affiliates, and partners contact you directly via phone or email. If you would like to opt-out of the email communications agreement, you can send an email to www.ListedByOwner.com, to be removed from this. Disputes. Any and all disputes not satisfactorily handled, will then be turned over to Arbitration It is fully understood and agreed that we may at our discretion, terminate your access to services, registration, and passwords. We may remove and discard any material posted by you deemed inappropriate to www.ListedByOwner.com or its services, without notice to you. Any violation with these Terms and Conditions is grounds to terminate such access and use of www.ListedByOwner.com. provides this Web site and the services offered on it (collectively, the "Services") under the following terms and conditions of service and use (the "Terms"). Please read them carefully. You understand and acknowledge that the Services are provided to you exclusively under these Terms. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification. As used on this Web site, the terms "we", "us", or "our" refer to . 1. MODIFICATIONS TO THE TERMS may change the Terms from time to time. We will notify you of any such changes via e-mail and/or by posting the changes on the home page. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. 2. MODIFICATIONS TO THE SERVICES We reserve the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified. 3. PRIVACY As part of the registration process, you will be asked to provide certain personal information to us. All uses of your personal information will be in accordance with the provisions of our Privacy Policy & Security Statement. 4. YOUR ACCOUNT, PASSWORD AND SECURITY You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. 5. YOUR RESPONSIBILITIES In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. You are solely responsible for all acts or omissions that occur under your account or password, including for all Content (as defined below) that you (or anyone using your account) submit, post or transmit through the Services. You agree not to use the Services to do any of the following: * post images from other web sites; * insert links to other web sites; * use any software or computer code to alter the design, layout, or any other visual elements of any of our web pages; * use our web site to promote or advertise anything except the sale of your single property advertised in our listing service pages; * collect information (such as name, address, and contact information) about sellers or their properties by any manual or automatic means for any purpose other than to consider making an offer to buy the relevant property; * violate any local, state, national or international law; * stalk, harass or harm another individual; * collect or store personal data about other users; * impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; * interfere with or disrupt the Services or servers or networks connected to the Web site or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the System; and * submit, post, store or transmit any (a) Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) Content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 6. THIRD PARTY CONTENT AND MONITORING We are a distributor (and not a publisher) of Content supplied by third parties and users of the Services. Accordingly, we have no editorial control over such Content. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of . We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Web site or utilizing the Services by anyone other than authorized spokespersons while acting in their official capacities. We have the right, but not the obligation, to monitor and review the Content on the Web site and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor Content for accuracy or reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any Content from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms, that we believe may create liability for us, or that we deem otherwise objectionable. 7. DEALINGS WITH PARTNERS AND ADVERTISERS Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our partners, advertisers or sponsors found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT ISCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESESCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH THE SERVICES. 8. EXTERNAL LINKS Our provision of a link to any other Web site or location is for your convenience and does not signify our endorsement of such other Web site or location or its contents. Any concerns you may have regarding any external link should be directed to that link's Web site administrator or webmaster. SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION. 9. NO SPAM We do not condone or allow spam. We prohibit you from using the Services to promote your own Web site or any business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement. 10. USE AND STORAGE You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. 11. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are provided for your personal, noncommercial use only. 12. TERMINATION You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You agree that we may terminate your account if it remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time. 13. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, ISCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 14. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OWNERS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, ISCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ISCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO: * the use or the inability to use the Services; * the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services; * unauthorized access to or alteration of your transmissions or data; * statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights; * your failure to adequately safeguard your password or access to the Services; * any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through the Services; * termination of your access to or use of the Services as provided herein; * the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services; * any modification, suspension or discontinuance of the Services (or any part thereof) or these terms; * use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services; and * any other matter relating to the Services or these Terms. 15. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law. 16. INDEMNIFICATION You agree to indemnify, defend and hold harmless , its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account's) use of the Services, (3) your (or anyone using your account's) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the Web site or other Services. 17. TRADEMARKS Certain of the names, logos, and other materials displayed on the Web site and in and through the Services System constitute trademarks, trade names, service marks or logos ("Marks") of or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. 18. COPYRIGHTS; RESTRICTIONS ON USE The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by or its licensors (the "Content"), is copyrighted by and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by or its licensors. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. 19. LICENSE You hereby grant to and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect the Content you provide to us to be published on the Web site or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us. 20. MISCELLANEOUS The Terms constitute the entire and exclusive and final statement of the agreement between you and with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and with respect to the subject matter hereof. The Terms and the relationship between you and shall be governed by the laws of the State of Tennessee as applied to agreements made, entered into and performed entirely in Tennessee by Tennessee residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts having jurisdiction over San Francisco County, Tennessee and you and Owners hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. 21. SURVIVAL The provisions of Sections 4, 6, 7, 8, and 10 through 19, as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. 's (and its licensors') proprietary rights (including any and all intellectual property rights) in and to the Content and the Services shall survive the expiration or earlier termination of the Terms for any reason. 22. VIOLATIONS Please report any violations of the Terms to us at support@.