User Agreement
The following describes the terms on which we offer you access to our services.
Welcome to the user agreement (the "Agreement" or "User Agreement") for Freedom Realty Exchange®. This Agreement describes the terms and conditions applicable to your use of our services available under the domain of www.fre.com ("FRE.com®" or the "Site").
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use our website. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as a user of our Site. Underlined words and phrases are links to these pages. PLEASE NOTE: If you do not agree to be bound by the terms and conditions of this Agreement and our Privacy Policy, please do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective when they are posted on the Site. This Agreement may not be otherwise amended except in writing signed by you and Freedom Realty Exchange®. This Agreement is effective between you and LFC Internet Marketing, Inc., a California corporation doing business as Freedom Realty Exchange®, upon your acceptance when registering as a user on the Site.
1. A Venue
Freedom Realty Exchange® is not an auctioneer; it’s a venue. Although we are commonly referred to as an online auction website, it is important to realize that we are not a traditional auctioneer. Instead, the Site acts as a venue to allow anyone to offer, sell, and buy real property and leasehold property (“Property”) in an auction-style format commonly referred to as an "online auction" or "auction." The role of Freedom Realty Exchange® in the sale of Property is limited to publishing and advertising information provided by sellers and their agents and providing a venue for communication about the Property. We are not involved in the actual transaction between buyer and seller and we are not involved with the transfer of legal ownership of the Property from the seller to the buyer. Further, we have no opinion regarding the ability of a seller to sell the Property nor can we ensure that a seller will actually complete a transaction.
Freedom Realty Exchange® offers advertising and Property information only. This Agreement is meant to clarify Freedom Realty Exchange’s® limited role as a publisher of advertising and venue provider, and outline certain limitations regarding Freedom Realty Exchange’s® obligations and liabilities. Your use of the Site confirms your understanding and acceptance of this User Agreement.
2. Auction Advertisements
Freedom Realty Exchange’s® auction-style advertisements of real property do not involve legally binding offers to sell. They are simply a way for sellers to advertise their Property and meet potential buyers. Freedom Realty Exchange® does not act in the capacity of a real estate professional and, as a result, has no control over the truth or accuracy of the information advertised or the quality, value or title to the Property advertised.
3. Real Estate License Disclosure
Freedom Realty Exchange® does not attempt to broker transactions. Freedom Realty Exchange® is not responsible for, and does not engage in, listing, brokering, selling, purchasing, exchanging or leasing of the Property posted on the Site; nor does it provide a "multiple listing service" as that term is traditionally used. Freedom Realty Exchange® does not counsel sellers or buyers, show Property, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with Freedom Realty Exchange®. Accordingly, no brokerage agency or fiduciary relationship is intended to be or shall be deemed to have been created between Freedom Realty Exchange® and any seller or buyer of Property or you regarding the use of the Site. Prospective buyers are advised to perform all necessary due diligence before entering into a contract to purchase Property and all parties are encouraged to seek help and guidance from a licensed real estate professional and/or attorney before purchasing Property.
4. Online Bidding Process
Online bidding on the Site and all real estate activity that may require a real estate license such as Property listing, Property tours, negotiation of a sale with a buyer and/or a seller and all other real estate related sale activities are conducted by licensed real estate professionals who represent the seller ("Seller's Agents").
5. Release
Because Freedom Realty Exchange® is a venue, in the event that you have a dispute with a seller, you agree to release Freedom Realty Exchange® (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6. Termination of Use
Without limiting any other remedies, Freedom Realty Exchange® may suspend or terminate your use of our Site if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity.
7. Your Information
7.1 Definition. "Your Information" is defined as any information you provide to us in the registration or bidding process or through any email feature.
7.2 Restricted Activities. Your Information and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, worms, cancelbots, Easter eggs, time bombs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
7.3 Freedom Realty Exchange® will only use Your Information in accordance with this Agreement and our Privacy Policy.
8. Privacy Policy
See separate document: Privacy Policy
9. Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Freedom Realty Exchange® by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Freedom Realty Exchange and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
10. Breach
Without limiting other remedies, we may limit your activity, immediately remove your bid(s), warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your use of our Site, and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
11. No Warranty
FREEDOM REALTY EXCHANGE®, ITS OFFICERS, DIRECTORS, EMPLOYEES AND ITS SUPPLIERS PROVIDE THIS WEBSITE AND ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY. FREEDOM REALTY EXCHANGE®, ITS OFFICERS, DIRECTORS, EMPLOYEES AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE PROPERTIES ON THIS WEBSITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
12. Liability Limit
IN NO EVENT SHALL FREEDOM REALTY EXCHANGE®, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). FREEDOM REALTY EXCHANGE'S® LIABILITY, AND THE LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13. Indemnity
You agree to indemnify and hold Freedom Realty Exchange® and its affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it may incorporate by reference, or your violation of any law or the rights of a third party.
14. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
15. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to LFC Internet Marketing, Inc. dba Freedom Realty Exchange® at 17 Corporate Plaza Drive, Suite 200, Newport Beach, California 92660 (in our case) or to the email address or mailing address that you provide to Freedom Realty Exchange during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the we are notified that your email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested to the address that you provided to Freedom Realty Exchange® during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
16. Resolution of Dispute - Binding Arbitration
In the event a dispute arises between you and Freedom Realty Exchange, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you, and Freedom Realty Exchange® agree that any claim or controversy at law or equity that arises out of this Agreement or our services shall be resolved in accordance with binding arbitration or as otherwise mutually agreed upon in writing by the parties. The arbitration shall be conducted by telephone or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in Orange County, California, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
17. General
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered
into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure
access to our services and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of
this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that this Agreement and all incorporated agreements may be automatically assigned by Freedom Realty Exchange® in accordance
with Section 15, "Notices,” in our sole discretion. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement
between us with respect to the subject matter hereof.
Revised: 07/01/05
