TERMS OF SERVICE
Fair Housing Act: www.GoFizbo.com, FIZBO LLC, fully supports the Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended). As such, FIZBO does not engage in business practices that discriminate against persons because of race, color, religion, national origin, sex, familial status, or handicap. Welcome to Gofizbo.com. This website is owned by FIZBO LLC and provides real estate advertising services to people (not businesses) (“Services”) who want to buy or sell their own home.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE AND SERVICES PROVIDED BY FIZBO (“we,” “us,” or “our”).
- These Terms of Service (“TOS” or “Terms”) govern your access to and use of the website, mobile application, or other online service provided where these Terms are posted (collectively, the “Site”). By clicking on “Accept,” “Register” or a similar button or icon, connecting to the Site through a third party such as Facebook, or by using the Site in any manner, you agree to be bound to these Terms. We will process your personal information as described in the Fizbo Privacy Policy.
- Our Site has three types of users – people who are browsing casually, people who are browsing more seriously and would like to use more of our Site’s features, and people who are selling their home by listing it on our Site or through FIZBO’s suite of offerings. (“Sellers”). These Terms are divided into four sections. Sections I and IV are for everyone. Section II is for people who register for an account, including Sellers. Section III is for Sellers only.
SECTION I: TERMS THAT APPLY TO EVERYONE WHO USES THIS SITE
- Personal Use Only. You agree and acknowledge that your use of the Services is for personal, non-commercial purposes only. That is, you are using the Services to advertise your property or to find information related to the purchase or potential purchase by you of a home listed on the Site, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own.
- Copyright. All information, content, services, and software displayed on, transmitted through, or used in connection with the Site (except for User Content as defined below), including, for example, directories, guides, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by FIZBO, and/or its licensors and suppliers. You may use the content online-only and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the content only for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice from such content. If you operate a website and wish to link to the Site, you may do so provided you agree to stop such link upon request from us. No other use is permitted without our prior written permission. The permitted use described in this section is always contingent on your compliance with these Terms.
You may not republish any portion of the content on any Internet, Intranet, extranet site, or any other publication or incorporate the content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display, or otherwise use any portion of the content. You may not scrape or otherwise copy our content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, insert any code or product or manipulate the Content or the Site in any way, and not use any data mining data gathering or extraction method.
Requests to use the content for any purpose other than as permitted in these Terms should be directed to support@Gofizbo.com. In some instances, you may be able to share listings that appear on the Site through the online functionality we have specifically designated (e.g., to e-mail a link to a friend).
- User-Provided Information and Content.
- Representations and Warranties. By providing information to, communicating with, and/or placing material on the Site, including, for example, communication during registration, posting any listing or other content (including without limitation written, graphical, or video content), or submitting any other text or image, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms; (3), the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your legal name is prohibited.
- License. For all such information and material, you grant FIZBO, its affiliates, and related entities (all third-party affiliates, partners, and licensees) a royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all affiliated websites, to include the information in a searchable format accessible by users of the Site, other FIZBO websites, as well as third-party websites, and to use your name and any additional information in connection with its use of the material you provide. You also grant FIZBO the right to use any material, information, ideas, concepts, know-how, or techniques in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
- Unsolicited Submissions. Please note FIZBO does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against FIZBO and its affiliates regarding the use of such materials and ideas, even if the material or an opinion is used that is substantially similar to the idea you sent.
- FIZBO is committed to ensuring digital accessibility for individuals with disabilities. We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. If you wish to report an issue or seek accommodation, please contact us at support@gofizbo.com
- Non-Discrimination. At FIZBO, we are committed to treating everyone fairly. Whether buying, selling, or merely browsing, our goals are to provide an incredible experience built on fairness and respect.
In using our services, we ask that you:
Respect others and comply with all applicable federal, state, and local fair housing regulations.
Remain updated on your state and localities’ fair housing laws, as these may expand federal protections such as prohibiting discrimination based on sexual orientation, income source, or gender identity.
Use good judgment, be truthful, and respect the privacy of your neighbors.
Post information that is appropriate and in the context with real estate.
Treat others the way you want to be treated.
In using our services, we ask that you refrain from:
Posting a discriminatory preference in an advertisement for your listing, as this is illegal.
Posting any biased, obscene, threatening, abusive, or libelous content.
Treat a potential purchaser differently based on their race, national origin, gender, disability, color, or familial status – as this is illegal.
Engage in other unlawful contact or communication.
Disclose confidential or sensitive information.
If the FIZBO team deems any content you post as inappropriate, illegal, spam, or otherwise objectionable, we reserve the right to remove it and further restrict your access to our Site.
If you come across anything on our Site posted by other users that you find inappropriate, illegal, spam, or otherwise objectionable, you can help us Do the Right Thing by reporting it support@gofizbo.com.
- Fraud & Scam Awareness Unfortunately, some people will use internet sites like Gofizbo.com to run all manner of scams on users. We do all we can to prevent our platform’s willful misuse; however, the scams get more sophisticated every day. We ask that our users be cognizant of the risk and review the following basic ways to recognize and avoid fraud.
Recognizing and Avoiding Scams:
Use secure, traceable transactions when making payments – Do not pay a deposit by wire transfer, prepaid money card, gift card, or other non-traditional payment methods. Also, refuse to make “overpayments” and never enter into “handshake” deals without a contract.
Don’t accept suspect cashier/certified checks or money orders – Banks will process and cash the fakes, then hold you responsible.
Never give out financial or personally identifiable information – This includes banking and credit card information, your birth date, Social Security/Social Insurance Numbers, PayPal account, etc.
Suspicious communications – Watch for parties communicating using poor grammar, spelling, or those who send nonsensical messages. Be wary of parties that are only willing to text/e-mail and those who will never speak on the phone or refuse to meet in person. Generally, these people will claim to be “traveling” and unavailable to talk to or located in a foreign country and unable to speak other than via text or e-mail.
Deals Too Good to be True – If the list price is too low or the terms are too generous compared to the market, it’s likely a scam.
Don’t be pressured to act immediately – Scammers typically try to make you think a listing is in high demand to push you into immediate action without consulting family, friends, or financial advisors. Say no to high-pressure sales tactics.
Whom Should I notify about fraud or scam attempts?
Internet Fraud Complaint Center
FTC complaint form and hotline: 877-FTC-HELP (877-382-4357)
Consumer Sentinel/Military (for armed service members and families)
If you are defrauded by someone you met in person, contact your local police department.
If you suspect that a listing posted here may be connected to a scam, please send us the details at support@gofizbo.com or call us at 855-60FIZBO (603-4926).
- Use of E-mail System. By using our e-mail system to contact Gofizbo.com Sellers, you agree to these Terms. You agree to use the e-mail system only to contact Sellers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on the Site. In no event may you contact any user of FIZBO using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind.
- The Terms in Section IV below also apply to all Site users.
SECTION II: TERMS THAT APPLY ONLY TO ACCOUNT HOLDERS
- Access and Registration. You will have to open an account (“Account”): (a) to list your home for sale on the Site (you are a “Seller”); or if you would like to browse houses for sale and use certain functionalities of the Site (“Buyer”). Everyone who opens an Account is a “Customer.” By opening an Account, you accept responsibility for all activities that occur under your Account. Your Account is not transferrable, and use is limited to one household per Account. You are responsible for maintaining the confidentiality of your username and password. If you believe someone has accessed the Site using your username and password without your authorization, e-mail us immediately at the address listed below.
- FIZBO requires customers to provide a valid credit or debit card upon account creation if prompted to provide. FIZBO may pre-authorize your card for $1.00. A pre-authorization is not a charge, but a means to confirm the card is active. If you have any questions or problems regarding the pre-authorization, please contact your issuing bank/credit card company.
- Consent to Send You E-mail. From time to time, we will send you e-mail announcements or correspondence on new features, products, and services offered by us, selected advertisers, affiliates, and related companies. By creating an account, you expressly consent and opt into receiving commercial e-mail from FIZBO, its affiliates, and third-party advertisers.
- Use and Storage Guidelines. You understand, acknowledge, and agree that we may establish general practices and/or limits concerning the use of the Services, including without limitation the maximum number of days that information provided by you, or Account history and related data may be retained as part of the Services or maximum numbers of times or the maximum duration for which you may access the Services in a given period.
- The Terms in Section IV below also apply to all Site users, including Buyers and Sellers.
SECTION III: TERMS THAT APPLY ONLY TO SELLERS
Listing Your Home. You attest that you are over 18 years of age or otherwise are of legal age to form a binding contract. Besides providing links to virtual tours of your home, you may not include a link to any website in your listing.
- The Services and Your Responsibilities. All Services are subject to availability, and prices may vary.
- Payments and Cancellation. All FIZBO offers that are not free must be paid for with a credit card. You can cancel your listing (i) on our Site, (ii) by e-mail to support@Gofizbo.com, or (iii) by phone at 1-855-60FIZBO (603-4926). Cancellation or removal of your Gofizbo.com offering is independent of changes to the property information. Refer to Section 15 for details on refunds.
- For Sale by Owner. The For Sale by Owner Plan allows you to place a full-page listing with photos on our Site and gives you access to our e-mail message center and open house scheduler, subject to your compliance with these Terms. You are responsible for supplying all listing information and photos.
- Typographical Errors. The accuracy of your Listing is your responsibility. FIZBO shall not accept any liability whatsoever for any consequences resulting from typographical errors in a Listing, including but not limited to listing price, property details and any buyer’s agent commission. You understand and accept that you have a duty to verify that the Listing Information is accurate, and your Seller Preferences are your own.
- Sharing of Information. You agree that FIZBO may publish your Listing Information and photographs on social media sites and on FIZBO website in furtherance of its marketing efforts. You grant FIZBO the non-exclusive, royalty-free, license to use, reproduce, publish, distribute, and prepare derivative works from your photographs and other copyrightable Listing Information.
- Other Third-Party Websites. MLS and third-party syndication services may be subject to additional fees and/or restrictions based on, but not limited to, changes in the law, regulations, MLS rules, or third-party sites, which FIZBO contracts with. MLS and leading home site syndication are based on availability subject to each MLS’ rules and regulations. Fizbo LLC has no say in these rules and regulations. Please be aware that you are not purchasing a listing with third-party sites as part of FIZBO’s services and that any of those sites may reject your listing for any reason or change in their services. FIZBO has no control over any third-party sites.
- Valuation and Property Reports. An independent third party, provides Property Reports. The Valuation and Property Reports that are available are based on public record information accessed from the county tax assessor and the county recorder, and are provided on an as-is, as available basis, with no warranty or guarantee as to the accuracy, commercial value, merchantability, or fitness for use in a real estate transaction.
- How to Remove Your Listing Online After Closing. If your property sells, you must remove your listing from the Site. Removing your property listing from the Site is simple. Login at [https://gofizbo.com/login] using your e-mail and password. Click on your listing, then click “Update Listing Status.” Should you need additional assistance with canceling your listing, you can contact us in the following ways:
on our Site
by e-mail to support@Gofizbo.com
by phone at 1-855-60FIZBO (603-4926)
- Refunds in General. Under certain limited circumstances, and at the sole discretion of Gofizbo.com, LLC, a Fizbo Company, we may refund the purchase price or a portion of the purchase price for the services you purchased.
- Seller Obligations Concerning Cancellation. It is your responsibility to promptly inform us that you are canceling a purchase in accordance with express terms of Section 15.
- Other Limitations. We will not provide refunds for:
Technical Problems. You are not entitled to a refund on the grounds of a temporary service failure. You will not receive any reimbursement for temporary technical problems with the Site (including without limitation not being able to log in to your Account or not being able to upload photos) that remove your property listing, change your property listing, or cause your property listing not to be displayed. You are not entitled to any refund based on a failure to view your property listing due to your or a Buyer’s computer’s or browser’s failure to meet minimum browser and operating system requirements of the Site.
Modifications to the Services. We reserve to modify the Services with or without notice to you. See Section 20.
Services Provided through an Affiliate Publisher or Third Party.
- Third-Party Advertisements and Links. The Site may include advertisements and links to third-party sites. You should review any applicable terms or privacy policies of a third-party site before using it or sharing information because you may give the third-party permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products, services, or other materials on or available from third parties or their sites.
SECTION IV: TERMS THAT APPLY TO EVERYONE WHO USES THIS SITE
- Disclaimers and Limitation of Liability. While FIZBO uses reasonable efforts to include accurate and up-to-date data and information on the Site, we make no warranties or representations of its accuracy and timeliness and assume no liability or responsibility for any error or omission. FIZBO has no responsibility for third parties’ actions or information provided or posted by others. FIZBO does not represent or warrant that the Services will not infringe third parties’ rights. Use of www.Gofizbo.com is at your own risk. All Services are provided “as is” and “as available.” All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties that the Services and Site will meet your requirements or be uninterrupted, timely, secure, or error-free, are expressly disclaimed. FIZBO and its affiliates and related companies are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to or virus that may infect your computer equipment or other property. Some jurisdictions do not exclude certain implied warranties, so certain of the above exclusions may not apply to you. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warranty shall be the minimum required under applicable law.
The Site contains facts, views, opinions, statements, and recommendations of third-party individuals and organizations. FIZBO does not represent or endorse the accuracy, timeliness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site or services. Any reliance upon any such opinion, advice, comment, or information is at your sole risk.
In no event shall FIZBO, or its affiliates, employees, agents, content providers, service providers or licensors be liable for any indirect, consequential, special, incidental, or punitive damages including, without limitation, damages related to loss of data, loss of goodwill, profits, or commercial opportunities; unauthorized access to or alteration of your transmissions or data; the services or any errors or omissions in the services or related content, even if advised of the possibility of such damages. In no event shall FIZBO, its affiliates, related companies, employees, agents, content providers, service providers, or licensors be liable for any amount for direct damages over $100. In no event shall FIZBO, its subsidiaries, affiliates, employees, agents, content providers, service providers, or licensors be liable for any direct damage after your Account remains inactive for a period of one (1) year.
- Indemnity. You agree to indemnify, defend and hold harmless, FIZBO, its parent, subsidiaries, and affiliated companies and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy, and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding (1) your use of FIZBO LLC’s Services or Site; (2) Gofizbo.com, LLC’s usage of any content or information you provide, as long as such use is not inconsistent with these Terms; (3) information or material posted or transmitted through your Account, even if not posted by you; and (4) any violation of these Terms, including a breach of your representations and warranties.
- Limitations Period. You agree that any claim, controversy, or dispute with FIZBO, or its subsidiaries, affiliates, or related companies must be brought within one (1) year of when the claim, controversy, or dispute arose or first accrued, or such claim, controversy or dispute will be barred.
- Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the Site, your access and use will be governed by the Terms then present on the Site and in effect. If you object to any such changes, your sole recourse shall be to stop using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and agreement to be bound by such changes’ terms and conditions, without limitation or qualification. When using portions of the Services, you will be governed by additional terms that will appear when accessing such Services. All such other terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
- Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services or any part of the Services. Modification of the Services can include, but is not limited to, any change to the Site or content contained therein, changes to the administrative tools or functionality of the Site, modification of the “look and feel” of the Site, changes to the format of a property listing or any other part of the Site, and the inclusion of advertising links in association with a property listing or other content available on the Site. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services. If you object to any modifications to the services, your sole and exclusive recourse shall stop using the Services. Continued use of the Services following notice of and/or posting as part of these Terms of any such modifications shall indicate your acknowledgment of such modifications and satisfaction with the Services as so modified.
- Governing Law. You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Web site shall be filed only in the state or federal courts located in New Castle County, Delaware, and you hereby consent and submit to the personal jurisdiction of such courts to litigate any such action.
- Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and Gofizbo.com, LLC with respect to your access to the Site and your use of the Services and supersede all prior agreements or negotiations. If any provision of these Terms is found unenforceable for any reason, that provision shall be enforced to the maximum extent permissible to affect the parties’ intent as reflected in that provision, and the remainder of the Terms shall continue in full force and effect. Any failure of Gofizbo.com, LLC, to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision. The Section and paragraph headings used in these Terms are purely for convenience, and the effect is for illustrative purposes only. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to Gofizbo.com, LLC, any requirements concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
- Contact Us. For questions regarding the Site or the Services:
e-mail support@gofizbo.com
call toll-free 855-60FIZBO (603-4926)
send a letter by mail to:
FIZBO, LLC
192 Bear Christiana Rd
Bear, DE 19701
- Notice of Intellectual Property Infringement. Per the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of FIZBO, LLC, in appropriate circumstances, to terminate the Account of a user who is deemed to infringe third party intellectual property rights or to remove content that is considered to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement or is aware of any infringing material placed by any third party on Gofizbo.com, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 USC Section 512(c)(3) to confirm these requirements): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material you claim is infringing is located on the Site (providing us with a listing number or website URL is the quickest way to help us find content quickly); your address, telephone number, and e-mail address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
You, made under penalty of perjury, made a statement that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our copyright agent can be reached as follows:
Email: support@gofizbo.com
send a letter by mail to:
Copyright Agent
192 Bear Christiana Rd
Bear, DE 19701
Attention: Legal Dept.
- Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective, it must be a written communication provided to FIZBO LLC’s designated Copyright Agent (see above for contact information), that includes the following details substantially (please consult your legal counsel or see 17 USC Section 512(g)(3) to confirm these requirements): an electronic or physical signature of the Customer.
A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a listing number or website URL is the quickest way to help us locate content quickly); your address, telephone number, and e-mail address.
A statement by you, under penalty of perjury, that you (the Customer) have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
A statement by you that you (the Customer) consent to the jurisdiction of the Federal District Court for the judicial district in which the Customer’s address is located, or if the Customer’s address is outside of the United States, for any judicial district in which FIZBO may be found, and that the Customer will accept service of process from the person who provided notification under Section 28 or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Customers who are repeat infringers.
- National or State, “Do Not Call” Registries. Suppose you are acting in any capacity as a real estate agent, real estate broker, or another real estate professional, or a commercial or non-private purchaser/seller of real estate affiliated with a company that is engaged in the real estate brokerage business or business of advertising real estate for others by accessing the Site. In that case, you agree not to telephone any Seller who has listed a property on the Site when such Seller’s phone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than 30 days and (a) you do not have a pre-existing, established business relationship with such Customer before making a call to such Customer and (b) you do not have prior, written authorization from such Customer to make telephone calls to the Customer.
- Gofizbo.com Sellers: Please note that it is a violation of federal law (and many state laws) for a real estate broker/agent or other real estate professional to call you if your telephone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than 30 days, and the caller does not have a pre-existing, established business relationship with you before making the call and does not have prior, written authorization from you to make the call. If you receive a call that violates these provisions, you may file a complaint online at www.donotcall.gov/Complain/ComplainCheck.aspx by providing the date you received the call and either the name or telephone number of the Company or agent/broker that called you.
- Location: You understand and acknowledge that FIZBO LLC controls and operates this Web site from within the United States of America. This Web site provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Web site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state, and local laws applicable to your access to and use of this Web site.
- User IDs and Passwords: Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password, or other identifying information you may obtain in connection with your use of this Web site. You agree to notify FIZBO LLC immediately if you believe your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Web site by any person to whom you have provided your user identification, password, or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
- The Internet as an Open Network: While certain designated parts of this Web site employ technologies to secure your data and the transmissions between you and FIZBO LLC, the Internet is an open system, and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
- Recording & Monitoring of Communications: Your communications with us via the Web site, PC-talk, chat e-mail, and telephone may be recorded or monitored, and by using such communications methods, you are consenting to the recording or monitoring of the same. For more information about how we process your personal information, please see the Fizbo Privacy Policy.
- User Participation FIZBO does not and cannot review all information, materials, and communications transmitted, upload, Inquired or post to this Site (“Communications”). FIZBO does not undertake any obligation or liability relating to such activities on the Site and is not in any manner responsible for the content of such Communications. FIZBO reserves the right to remove or block user Communications that it determines to be, in its sole discretion:
Submitted by persons without relevant authority to submit a Listing or Inquiry.
Abusive, defamatory, or obscene.
Fraudulent, deceptive, or misleading.
In violation of a copyright, trademark or other intellectual property rights of another.
In violation of any law, regulation, or these Terms.
Offensive or otherwise unacceptable to FIZBO.
- Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails, and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus-free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage, or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. The Company disclaims any representation or warranty that company e-mails are virus-free and/or error-free. The use of e-mail to introduce any virus, malicious or disabling code, or otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
- Prohibited E-mail Content: All our Team Members are prohibited from using e-mail to make or send any menacing, defamatory, discriminatory, harassing, offensive, or threatening statements/materials, or statements/materials infringe the copyrights or legal rights of others in an e-mail. Such communications are against Company policy and outside the scope of our Team Member’s employment. The Company does not accept any liability regarding such communication, and the Team Member responsible will be personally liable for any damages or other liability arising. Please report any such violations to FIZBO LLC at (855) 60FIZBO (603-4926) or support@gofizbo.com. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive, or threatening messages to our Team Members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company’s e-mail facilities for purposes of soliciting our Team Members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.
- Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, concerning such data or information.
- Confidential Information: E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the e-mail should, always, remain confidential and such circumstances shall not authorize you to use or disclose confidential information. Please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.
- Permission to Be Contacted: By submitting information to FIZBO through the Web site or otherwise, you are making an inquiry as to FIZBO’S programs and services, and give FIZBO and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list. For more information about how we process your personal information, please see the Fizbo Privacy Policy.
- Opt Out: e-mails sent by FIZBO may constitute an advertisement or solicitation under US law if its primary purpose is to advertise or promote a commercial product or service not already purchased. If you do not wish to receive advertising and promotional messages from FIZBO, you may opt-out by sending an e-mail to support@Gofizbo.com.