As part of the process, Sellers will be asked to provide certain personal information to us. You acknowledge, consent and agree that HomeStar Properties, LLC may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or Disclosures is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of HomeStar Properties, LLC its users and the public. All uses of such personal information will be in accordance with the provisions of our Terms of Service.
HomeStar Properties, LLC believes strongly in your right to privacy and we advocate the responsible use of any site visitor or customer information we have. For each visitor to our Web page, our Web server automatically recognizes no information regarding the domain or e-mail address. We do not set cookies. With respect to Ad Servers, we do not partner with or have special relationships with ad server companies. Persons who supply us with their telephone numbers on-line will only receive telephone contact from us or our affiliate brokers regarding orders they have placed on-line. If you supply us with your postal address on-line you will only receive the information for which you provided us at your address.
At diysellers.com user privacy is of utmost concern. We are committed to protecting your privacy and security, and to providing you the best possible user experience. We may update this policy from time to time, so please check here frequently. We will never disclose your personal information to any third party without your consent, except in limited circumstances to our affiliates or business partners as described above or as necessary to perform the services. HomeStar Properties, LLC and its affiliates may disclose your personal information, if required to do so by law or in the good-faith belief that such action is necessary (1) to conform to the requirements of the law or comply with governmental orders, court orders, or legal process served on HomeStar Properties, LLC or its affiliates; (2) or is reasonably necessary to protect and defend the property or rights of HomeStar Properties, LLC and its affiliates or the users of diysellers.com.
2. REFUND POLICY
Due to the extremely low Package Price of our services, unused months of service are not refundable. The services offered on this website do not warrant or guarantee to find a buyer or result in a successful closing. See the listing agreement for details. Many of the services offered on this website are non-refundable. Services not mentioned below are nonrefundable.
Non refundable services: MLS services are non-refundable upon the earlier of (1) Property being Listed or (2) The Listing Agent meeting, if applicable, is scheduled.
To cancel the service after it is ordered:
If you want to cancel before the home is listed in MLS,the listing must be Canceled prior to being published on MLS. Otherwise, the fee paid is not refundable. If a refund is made, a ninety five dollar processing fee will be charged to cover expense for credit card processing, yard sign, key lock box, shipping and handling, etc. Refunds will not be given for Orders that are thirty days old and have not been acted upon by the Customer.
If you want to cancel after the home is listed in MLS or after you have met with the agent the fee is not refundable.
Note that a small number of MLS areas require a meeting with the local agent in order to be listed in MLS. If your area requires a meeting with the agent, the meeting must be canceled a minimum of twenty four hours before the scheduled meeting time. Otherwise, the fee paid is not refundable.
Once your property has been Listed, the fee paid is not refundable. Customer is responsible for reviewing the accuracy of the listing information once input and must immediately request a correction by the broker of any inaccuracies from the broker. Customer is responsible for the accuracy and completeness of the information provided to the MLS. Listings are subject to substantial MLS rules for listings and the payment of commissions. The listing broker does not provide arbitration or representation services in the event of a commission dispute. Any broker required involvement in such a dispute requires an upfront payment of two hundred dollars per hour.
At times, Package Price discounts or incentives will be offered to customers, only one Package Price discount or incentive can be used for each customer per order. No offers may be combined.
Satisfaction not guaranteed. The services sold on this website are tools that facilitate a home seller selling their own home. There is no promise or guarantee that you will sell your home.
All information, including pricing, is subject to change without notice.
diysellers.com and Homestar Properties, LLC. provide this internet 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, agree and acknowledge that your use and the Services provided to you are exclusively governed by these Terms which cannot be modified by you. 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 and that no signatures are required to implement the Terms. As used on this Web site, the terms “we”, “us”, or “our” refer to HomeStar Properties, LLC. “You” refers to all users of the web site.
The customer is responsible for learning and complying with all restrictions relating to their property and the sale thereof (including, but not limited to governmental, property, or association restrictions). For instance, MLS cooperative commission rules vary by state and are generally subject to arbitration and procuring cause rules-contact your agent to determine the details of these requirements.
The services provided are listed in the listing agreement, and no additional services are provided. Customers are instructed not to assume that services provided by other agents are provided by this listing broker. Additional services are provided at the discretion of the broker and may require additional payment.
Information presented on this website is subject to change without notice. Customers should confer and confirm terms with the agent before signing the listing contract. MLS Names are trademarked names used for description purposes only. There is no ownership, endorsement, or affiliation with these companies or trademarks.
Customers are responsible for complying with any subdivision, city, county, and state requirements in regards to laws, ordinances or restrictions. Should you be guilty of violating any laws, restrictions or ordinances, any resulting citations, fines or levees will be your responsibility.
4. WEB ADVERTISING
Listings on all websites (including but not limited to Realtor.com, newspaper websites, real estate company websites, etc) are subject to availability and local Broker enrollment in the specific programs which may or may not be available. In cases, where more than one MLS is offered, your home will be Listed in the most appropriate MLS for that area. It will not be Listed in all of the MLS's offered for that state. Once listed, the listing may be removed if the program ends or eligibility requirements change. diysellers.com will use its best efforts to get the properties listed in the existing programs, but no guarantee is made that the listings will be placed or stay on the websites for the duration of the listing. Website availability differs for each metro area.
5. ADDITIONAL TERMS; MODIFICATIONS TO THE TERMS
diysellers.com may change the Terms from time to time without prior notification to you. Each time you access the web site you will be governed by the Terms then in effect. If you object to any changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any changes indicates your acknowledgement of the changes and your agreement to be bound by the terms and conditions of such changes, without limitation or qualification. In addition, when using particular portions of the Services, you will be governed by any additional terms which will appear when accessing such Services. All additional terms are herein incorporated by reference. In the event of a conflict between the additional terms and these Terms, the additional terms shall govern when you access such Services.
6. CONTACTING US
7. 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 your satisfaction with the Services as so modified.
8. YOUR SECURITY
diysellers.com, and its affiliates have taken the following important measures to protect against loss, misuse or alteration of your personal information. We store no financial information. Although you may have to enter your credit card number, when we do transmit your data, we use only Secure Servers using current encryption technology to encode your data safely.
9. YOUR RESPONSIBILITIES
In providing us with information during the process, you agree to provide true, accurate, current and complete information as prompted. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You agree not to use the Services to do any of the following:
9.1 To violate any local, state, national or international law;
9.2 To stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications;
9.3 To collect, harvest or store personal data about other users including email addresses or contact Sellers for any purpose other than responding to the content posted by such Sellers;
9.4 To impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
9.5 To interfere with or disrupt the Services, servers or networks connected to the diysellers.com web site or the other Services, or disobey any requirements, procedures, policies or regulations of the networks connected to the diysellers.com web site; and
9.6 To upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, ethnically, religiously 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, for example, worms, Trojan horses, cancel bots, time bombs and the like, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) unsolicited advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the like; (f) surveys that have not been approved or cleared by us; or (g) contests or games of chance.
10. YOUR RESPONSIBILITIES IN REGARD TO PROPERTY LISTINGS, MLS SERVICES, AND/OR STREET DOMAINS AND WEB PAGE SERVICES (if applicable):
10.1 HomeStarProperties, LLC is not a licensed real estate broker in every state.
10.2 All MLS listings require a buyer's agency commission if a real estate broker assists you to find a buyer.
10.3 This is not a solicitation for a listing broker if your property is already listed with a broker.
10.4 All diysellers.com customers are responsible for correctly completing all paperwork necessary and applicable to their local Multiple Listing Services prior to their ad becoming viewable in their local MLS. Please consult the listing broker for further details.
10.5 Customer is responsible for complying with all restrictions on the type of sign and it its location. Customer is also responsible for receiving, installation, maintenance, and use of the sign.
10.6 Customer is responsible for complying with all restrictions on use of Key Lockbox. Customer is also responsible for receiving, installation, maintenance, and use of the Key lockbox.
10.7 Customer is responsible for providing their original photos to be used on the MLS Listing, Realtor.com, and/or similar advertising.
11. 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, claims, 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 diysellers.com. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the diysellers.com Web site by such parties. You should verify any information yourself.
By posting, inputting or otherwise submitting information to our web site, you are representing that the information is accurate, that you are the rightful owner of the information and you are granting us the right, license and privilege to use such information or data in any way we deem appropriate.
12. 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 diysellers.com and Homestar Properties, LLC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH THE SERVICES.
13. 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 the 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. NEITHER diysellers.com nor Homestar Properties, LLC. 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.
14. NO SPAM
We do not condone or allow spam. We prohibit you from using the Services to promote your own Web site, business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement in the event of any violation of these Terms of Service and, in the event of such violation, without refunding your fee.
15. 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.
You agree that we, in our sole discretion, may terminate your access to and use of 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. Rude or Harassing behavior will also not be tolerated and cause for termination of our services. 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.
17. 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, INCLUDING, 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 diysellers.com 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 HomeStar Properties, LLC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL diysellers.com and/or Homestar Properties, LLC. OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING 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:
18.1 the use or the inability to use the Services;
18.2 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;
18.3 unauthorized access to or alteration of your transmissions or data;
18.4 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;
18.5 your failure to adequately safeguard your password or access to the Services;
18.6 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;
18.7 termination of your access to or use of the Services as provided herein;
18.8 the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services;
18.9 any modification, suspension or discontinuance of the Services (or any part thereof) or these terms;
18.10 use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services; and
18.11 any other matter relating to the Services or these Terms.
19. 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 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.
You agree to indemnify, defend and hold harmless diysellers.com and Homestar Properties, LLC., 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) your use of the Services, (2) your violation of these Terms, (3) your violation of any rights of any other person or entity or (4) any viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the diysellers.com Web site or other Services
Certain of the names, logos, and other materials displayed on the diysellers.com Web site and in and through the Services constitute trademarks, trade names, service marks or logos (“Marks”) of HomeStar Properties, LLC 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.
22. 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 diysellers.com or its licensors (the “Content”), is copyrighted by HomeStar Properties, LLC 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 HomeStar Properties, LLC or its licensors. Our 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 HomeStar Properties, LLC and our applicable licensors. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any Content. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to access the Service by any means other than through the interface that is provided by diysellers.com for use in accessing the Service.
You hereby grant to HomeStar Properties, LLC and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, and 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 for publication on the diysellers.com 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.
These Terms constitute the entire and exclusive agreement between you and HomeStar Properties, LLC with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and HomeStar Properties, LLC with respect to the subject matter hereof. The Terms and the relationship between you and HomeStar Properties, LLC shall be governed by the laws of the State of Colorado as applied to agreements made, entered into and performed entirely in El Paso County, CO by El Paso County 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 El Paso County, Colorado and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Service of Process in any such action may be effected either by certified mail, return receipt requested or by a recognized national private carrier where you or your authorized agent accept delivery of such service of process. 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 to the extent possible and to the remainder of the Terms, and that, therefore, 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.
Last Updated: 04/18/2018