Terms of Use

Spokanebyowner.com Inc. Advertising Terms

The “Property Owner” or Agent of “Property Owner” hereby grants to Spokanebyowner.com Inc. (Advertising Agency) the right to advertise the real property (“Property”) on the web site Spokanebyowner.com for a non-refundable advertising fee.
 
IT IS AGREED BETWEEN THE PROPERTY OWNER AND ADVERTISING AGENCY AS FOLLOWS:
 
1.         Property Owner may, at their expense, advertise their property along with their unique web site address in any major newspaper, online classifieds such as Craiglist, real estate fliers, magazines, on an approved Spokanebyowner.com yard sign using the Spokanebyowner.com logo provided it has come from an approved vendor or has been cleared in writing, and any other medium agreed to in advance in writing by Spokanebyowner.com.
 
2.         Property Owner agrees that Spokanebyowner.com is not an agent of the Property Owner nor do they represent the buyer or the seller in real estate.  Furthermore, Spokanebyowner.com and or its’ representatives have not given the Property Owner any real estate or legal advice, nor guaranteed the Property Owner success in marketing and selling the Property by owner.
 
3.         Property Owner warrants he/she has the right to sell the Property: Owner is the Owner of record of the Property and/or has full authority to execute this Contract. Property Owner warrants that the Property information supplied to the Advertising Agency is correct. Property Owner agrees to indemnify and hold Advertising Agency harmless in the event the foregoing warranties and representations are incorrect.
 
4.         Copyright of digital photos: Property owner warrants he/she owns the copyright to any digital photos provided to Spokanebyowner.com.   Photos that have been used in previous marketing by former owners, or real estate agents that had a previous listing on the home are not allowed and will be deleted.  Spokanebyowner retains the copyright to photos taken by our representatives. 
 
5.         Property Pricing:  Property Owner understands that it is the sole responsibility of the Property Owner to price their property and are advised to employ a licensed appraiser if Property Owner needs a price opinion.  Spokanebyowner.com Inc. does not offer market analysis or appraisals.  In addition, Property Owner understands that Spokanebyowner.com Inc. will not view or inspect Property.
 
6.         Sale of Property:  Property Owner shall promptly inform Advertising Agency, by logging in and updating the status of their ad, or in writing via email or fax, of any change of the sale price of the Property and/or any other material changes in the terms of the sale and/or availability of the Property. Property Owner agrees to notify the Advertising Agency of the sale status of the Property within 24 hours of acceptance of any offer, contingent offer, property sold subject to an inspection, property sold pending closing, property sold and sale has closed. 
 
7.         Change Orders:  Property Owner will be responsible for logging in and making all changes regarding status, price, contact info, photos and property descriptions.  Any changes that Property Owner requests to be made on their behalf  by Advertising Agency will be billed a minimum of $20 at the hourly rate of $35 per hour.  Payment must be made in advance.
 
8.         Indemnification/Hold Harmless:  Property Owner or Representative irrevocably agrees to indemnify and hold harmless Spokanebyowner.com Inc, and all its’ representatives and/or owners involved in the advertising for any claim, demand, cause of action, loss or damage, incurred by them and the defense thereof arising from the Property Owner’s failure to comply with any agreements pertaining to the advertising and/or sale of the Property referenced in this Agreement. The venue of any suit shall be in Spokane County. In the event of litigation to enforce or interpret the terms of this Agreement, the prevailing party shall be awarded their reasonable attorneys’ fees and costs incurred as a result of such litigation. 
 
9.         Tax and Legal Advice:  Property Owner is informed of the advisability to seek legal and/or tax advice prior to signing any real estate documents or agreement including, but not limited to this Exclusive Right to Advertise agreement.  Property Owner understands and agrees that Spokanebyowner.com and/or its’ representative have not given any such advice.
 
10.         Advertising Guarantee:  Property Owner must log into their account at lease once every 45 days to keep their ad active and showing up in the Spokanebyowner.com search results.  Inactive ads will not display on the map or in search results, but will be shown when the unique website address for that property is entered into the address field of a browser.  Property Owner may cancel their advertising by logging into their account and editing their ad to change the "status" of the property without penalty if they choose to make their property no longer for sale.  If Property Owner cancels their advertising, all advertising fees paid are non-refundable, regardless of the reason for cancellation.  Property owner can archive their advertisement and keep it available for future use for up to one year.  If  the status of archived advertisements aren't changed to "active" within one year of archiving, the ad will be deleted, and new advertising fees apply.  Spokanebyowner makes no guarantees regarding exposure, market time or compatibility of the Spokanebyowner.com website with a particular browser.  If Advertising Agency elects to terminate this agreement, Advertising Agency shall promptly refund the advertising fee paid to Spokanebyowner.com hereunder, otherwise said fee is NON-REFUNDABLE.
 
11.     Facsimile and E-mail Transmission:  Facsimile and/or E-Mail transmission of any signed original document or notice, and retransmission of any signed facsimile and/or E-Mail transmission or notice, shall be the same as delivery of an original.  All changes to Property web site shall be made in writing via fax or E-Mail transmission and cannot be honored if given verbally.
 
12.      Disclaimer/Seller’s Insurance:  Spokanebyowner.com Inc. is not responsible for loss, theft, or damage of any nature or kind whatsoever to the Property and/or to any personal property therein.  Spokanebyowner.com Inc. is not responsible for any complications arising out of the sale of the Property or associated with any documents procured from Spokanebyowner.com Inc or through its’ affiliates, agents, advertisers, or referral law firms or brokers.
 
13.     MLS Advertising:  MLS Advertising is not included with the Spokanebyowner.com service.  Property Owner may not advertise the property on the Multiple Listing Service (MLS) and Spokanebyowner.com at the same time except through Spokanebyowner.com’s approved MLS Service providers: Owner Assist Realty or Choice Realty. Properties found to be on the MLS with any other service will be removed from the Spokanebyowner.com website. No refunds will be given.