Terms and Conditions

Your City LLC and YourCityFSBO.com offers the services as set forth herein and provides this website under the following terms and conditions, hereinafter referred to as the “terms.” Please read them carefully. By accepting and using the services, you agree that you have read and understand the terms and that you agree to be bound by each of the terms without limitation or qualification. The services are being provided to you exclusively under these terms.

1. USERS’ RESPONSIBILITIES

When you provide YourCityFSBO.com with information to register, you agree to provide true, accurate, and complete information as requested, and you agree to maintain and update such information to keep it true, accurate, and complete at all times. If you fail to provide true, accurate, and complete information or if we reasonably determine that you have provided untrue, inaccurate, or incomplete information, we, YourCityFSBO.com, retain the right to suspend or terminate your access to and use of the services and may refuse to provide any current or future services to you.

You must be over 18 years of age and by registering, you acknowledge that you are over 18 years of age. It is your responsibility to maintain equipment needed for access to and use of the services, and you are responsible for all charges related thereto. Such equipment includes, but is not limited to, computer, hardware, telephone, or modem, and any other equipment needed to access the services.

You are entirely responsible for all postings that you post, cause to be posted, or otherwise transmit to this website. Under no circumstances will YourCityFSBO.com be liable in any way for any postings (other than for content developed by us) including, but not limited to, any errors or omissions in any postings or for any loss or damage of any kind incurred as a result of the use of any postings posted, e-mailed, mailed, or otherwise transmitted to or through this website by you.

Additionally, you agree not to use this website to:

(a) Violate any local, state, national, or international law.

(b) Harm, threaten, abuse, harass, defame, or use other objectionable actions against another individual.

(c) Collect or store personal data about other users.

(d) Impersonate any person or entity including, but not limited to, a director, officer, employee, agent, or representative of YourCityFSBO.com, or falsely state or otherwise misrepresent your affiliation with any person or entity.

(e) Interfere with or disrupt this website or servers or networks connected to this website or disobey any requirements, procedures, policies, or regulations of networks connected to the website.

(f) Submit, upload, post, e-mail, or otherwise transmit any postings or any other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, or ethnically or otherwise objectionable in our sole discretion.

(g) Upload, post, e-mail, or otherwise transmit any postings or other materials that you do not have a right to upload, post, e-mail, or otherwise transmit under any law or under contractual or fiduciary relationships such as insider information, proprietary and confidential information learned or disclosed as a part of employment relationships or under nondisclosure agreements.

(h) Upload, post, e-mail, or otherwise transmit any postings or other materials that infringe on any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any party.

(i) Upload, post, e-mail, or otherwise transmit any 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 telecommunications equipment.

(j) Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of commercial solicitation, except in those areas, if any, that are specifically designed for such purpose.

2. PRIVACY AND SECURITY

In order to register to use this website, you will be required to or asked to provide personal information. All uses of your personal information will be in accordance with the provisions of our privacy policy and security statement, which are incorporated into these terms and conditions by this reference.

3. MODIFICATIONS TO TERMS

At any time, we reserve the right, if applicable, to discontinue, modify, or alter any aspect of the website. Additionally, from time to time, we may supplement these terms and conditions with additional terms and conditions pertaining to specific content, activities, or events. Such additional terms may be placed on the website to be viewed in connection with the specific content, activities, features, or events and shall be identified as such. You understand and agree that such additional terms are hereby incorporated into reference by these terms and conditions, and your 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.

4. MODIFICATION OF SERVICES

We reserve the right to modify or discontinue, temporarily or permanently, the services, or any part thereof, in our sole discretion and without prior notice or liability. You agree that termination or cancellation of your access to or use of the website may be effected without prior notice. If you do not abide by these terms and conditions, except as we otherwise provide from time to time, you agree that we may immediately deactivate or delete your account and all related information and files in your user account and/or bar any further access to such information and/or files or our website. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or uses of our website. If you object to any changes to the website, 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 modified.

5. YOUR PASSWORD AND USER ACCOUNT

If you are a registered user or subscriber of this website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. We cannot and will not 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.

6. THIRD PARTY CONTENT AND MONITORING

We are a distributor and not a publisher of contents supplied by third parties and users of the services. All matters concerning the services, merchandise, and other products from third parties are solely between you and the third parties. We make no warranties or representations whatsoever with regard to any services, merchandise, and other products provided by any third party seller. You will not consider us, and we will not be construed as a party to such transactions whether or not we may have received some sort of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the YourCityFSBO.com website or utilizing the services of any third party other than YourCityFSBO.com spokespersons while acting in their official capacities. 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, in our sole discretion, to remove any content from the services without liability to you for any reason.

7. ADDITIONAL LINKS

Our website may provide a link to other websites or locations, and this is for your convenience and does not signify our endorsement of any other such website or location or its contents. If you have concerns about any link through this website, such concerns should be directed to that link’s website administrator or web master. YourCityFSBO.com shall not be liable for any information, software, or links found at any other website, Internet location, or source of information, or for your use of such information.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless YourCityFSBO.com, its subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all third party claims, liabilities, damages, losses, costs including, but not limited to, reasonable attorneys’ fees and expenses, arising from your improper use of this website or our services or products or offerings, your violation of these terms and conditions, or your infringement or infringement or use by any other user of your account or of any intellectual property or other right of any person or entity.

9. COPYRIGHT/TRADEMARK

The content of the services, including without limitation, text, software, music, sound, photos, graphics, video, page layout, design, and other material contained in the services or information presented through the services by YourCityFSBO.com, or any of its licensors, is copyrighted by YourCityFSBO.com and/or its licensors under United States and International copyright laws, and is subject to any other intellectual proprietary rights and laws, including trademark and patent laws, and is owned by YourCityFSBO.com 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 consent or permission of YourCityFSBO.com. You must abide by all copyright notices, information, or restrictions contained in or attached to any content.

Some of the names, logos, and other materials displayed on the YourCityFSBO.com website constitute trademarks, trade names, service marks, or logos of YourCityFSBO.com. You are not authorized to use any such marks. Ownership of all such marks and the goodwill associated therewith remains with YourCityFSBO.com.

10. GOVERNING LAW AND CHOICE OF FORM

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any principals or conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this website or these terms and conditions shall be filed only in the state or federal courts located in Montgomery County in the State of Tennessee, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

11. LICENSE

You hereby grant to YourCityFSBO.com and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently unknown, to exercise all copyright and other intellectual property rights with respect to the content you provide to YourCityFSBO.com to be published on the website or on or through the services or otherwise 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.

12. DISCLAIMER OF WARRANTIES

Please note the following important disclaimer of warranties:

THE SERVICES BEING PROVIDED BY YourCityFSBO.com ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE INTERRUPTED, UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; DEFECTS IN THE SERVICES WILL BE CORRECTED; OR THE YourCityFSBO.com WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT OFFERING CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT OFFERING CONTENT OR MATERIAL.

NEITHER YourCityFSBO.com OR ANY OF ITS AFFILIATES MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OFFERED AS CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHER, NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YourCityFSBO.com AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE; THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE OR ANY LINK TO THE WEBSITE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PUBLISHED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR ANY OTHER MATTER RELATING TO OR WEBSITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

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 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.

14. MISCELLANEOUS TERMS

If any provision of these terms shall be unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from these terms and shall not effect the validity and enforceability of any remaining provisions. These terms and conditions are the entire agreement between you and us relating to the subject matter herein.

Our failure to exercise or enforce a right of 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 the use of the services or the terms must be filed within one 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.

We may assign all rights and obligations under these terms and conditions. These terms and conditions will inure to the benefit of our successors, assigns, and licensees.

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these terms and conditions, or to exercise any right under these terms and conditions will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather the same will remain in full force and effect.

15. VIOLATIONS

Please report any violations of these Terms and Conditions to us at YourCityFSBO.com.

16. SURVIVAL

Any provision limiting liability as explicitly set forth herein shall survive the expiration or earlier termination of the terms for any reason. YourCityFSBO.com’s proprietary rights in and to the content and services shall survive the expiration or earlier termination of these terms for any reason.