1. GENERAL. Real estate advertising services on Direct2Seller.com are offered by Nextraserve LLC. On Direct2seller.com and in these Rules, this company is referred to as "Nextraserve."
2. The following terms of service explain our offerings and clarify Nextraserve's limited role as a publisher of advertising and venue-provider, and outline certain limitations on Nextraserve's obligations and liabilities. Your use of the Direct2Seller.com Pages confirms your agreement to these rules. Nextraserve LLC is an advertising service and is not a real estate company. We are not licensed real estate agents and do not participate in negotiating the actual sale of your home or in the completion of any paperwork. We highly recommend you consult with an Attorney regarding the sale or purchase of any real estate.
3. As a service of Nextraserve LLC, Direct2seller and the Direct2Seller.com web site provide advertisements to assist homeowners in the sale of their OWN property. We do NOT directly or indirectly engage in or conduct, advertise or act in the capacity of a real estate broker or real estate agent in any way.
4. The role of Direct2Seller in the sale of properties is limited to publishing advertising provided by sellers and providing a venue for communications about a property. Direct2Seller is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties or providing a "multiple listing service" as that term is traditionally used. Direct2Seller does not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with the Direct2Seller website. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Direct2Seller and any seller or buyer of real estate. Direct2Seller makes no representations about properties advertised on Direct2Seller.com, about the sellers of such properties, about the accuracy of information provided by such sellers, or about the financial capabilities of prospective buyers. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and, as emphasized above, all parties are encouraged to seek the help of a licensed real estate professional and real estate attorney.
5. In leu of advertisement fees, Nextraserve offers sellers the ability to list homes on Direct2seller.com by contacting the local sponsor in the area the home is being sold. Local sponsors can include any business or industry but typically consist of real estate agents and/or brokers. Sellers acknowledge that for as long as their home is listed on the Direct2Seller.com website, they are not represented by these sponsors in any way.
6. The purchase and sale of real estate is a complicated matter that is governed by laws, practices and customs that vary significantly from locality to locality. Sellers are advised that many jurisdictions require that you provide a disclosure statement to all prospective buyers regarding the condition of your property. In addition, under U.S. federal law, sellers have an obligation to disclose information on lead-based paint hazards. You are strongly advised to seek the help of a licensed real estate professional and/or a real estate attorney to help you in the negotiation and sale of any real estate.
7. Sellers who are licensed as an agent, broker, or other licensed real estate professional must ensure that their home advertisements conform to all laws and regulations applicable to online advertising by such licensees. These requirements may include, among other things, disclosure of the licensee's name, any firm with which the licensee is affiliated, office location, and the jurisdiction(s) where the licensee is licensed.
8. Direct2Seller offers sellers the option of advertising their property in our national database. Buyers viewing the advertisement on Direct2seller.com provide their name, contact information, and questions/comments in the "Contact the Seller" form embedded within the advertisement. This information is then forwarded directly to the seller via email. In accordance with the Direct2Seller User Agreement, the seller must treat the buyer's contact information in full compliance with Direct2seller's Privacy Policy. This policy prohibits sharing the buyer's information with third parties as well as use of the buyer's information for any purpose other than communicating with the buyer about the information and services referenced in the item description, unless expressly permitted to do so by the buyer. Failure to comply with this policy can result in the seller's suspension or expulsion from the Direct2Seller database.
9. Nextraserve has no control over the content of the information transmitted through its accounts. Nextraserve does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through an Nextraserve account, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through an Nextraserve account, or (iii) assume any liability for any material distributed through an Nextraserve account which is distributed in violation of any third party's copyright or other intellectual property right. Property owners are responsible for providing all the information regarding their property. The accuracy of this information is not verified or guaranteed by Nextraserve LLC. Nextraserve LLC is not responsible for any failures, delays, or interruptions in the delivery of any content contained on the Internet.
10. The Services may only be used for lawful purposes. Applicant is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Applicant may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right by holder. We reserve the right to refuse advertising we deem unacceptable for public viewing. We will not knowingly accept any advertising that is in violation of the law, including the Federal Fair Housing Act of 1968.
11. Applicant agrees to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data.
12. LIMITATION OF LIABILITY. As a material inducement for Nextraserve to provide the services hereunder, Applicant agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NEXTRASERVE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
13. Nextraserve MAKES NO EXPRESS OR IMPLIED WARRANTIES TO APPLICANT AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. Nextraserve EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
14. EFFECTS OF TARIFFS. Any and all tariffs and related provisions are made a part of this Agreement and shall control any inconsistency between the tariff and the terms and conditions of this Agreement.
15. INDEMNIFICATION. Applicant shall defend, indemnify and hold harmless Nextraserve, its officers, directors, employees and agents from any breach of this Agreement, use of Applicant's account or in connection with the placement or transmission of any message, information, software or other content using the Services. Nextraserve shall give written notice of any such claim, action or demand within a reasonable time. Nextraserve shall be defended by attorneys of their choice at Applicant's expense.
16. The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of this Agreement.
17. LAW & ARBITRATION. This Agreement shall be governed by and construed in accordance with Louisiana State law. Any controversy or claim between the parties arising out of or related to this Agreement shall be settled by arbitration. The arbitration shall be held in Baton Rouge, Louisiana. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof.
18. SEVERABILITY. If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.
19. NO WAIVER. The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.
20. The submission of any information and the use of any services of this website assume that the participant has read and agrees to the terms in this Agreement. Nextraserve reserves the right to suspend or terminate the Services if Nextraserve, in its sole discretion, believes Applicant is using the Services to engage in conduct which interferes with other Nextraserve Customers' use of the services, is harmful to Nextraserve, or third parties, or is otherwise in violation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ANY SPECIFIC NEXTRASERVE SERVICE OR PRODUCT MAY BE FOUND ON THE WEBSITE AND ARE INCORPORATED HEREIN AS IF FULLY SET FORTH FOR THAT SERVICE OR PRODUCT AND/OR ON THE BACK OF THE INVOICE.
