Terms of Service

Name: Out West Land Sales
Price range: $

Introduction

These Terms of Use govern your use of Out West Land Sales, www.outwestlandsales.com; by using this website, you accept these terms in full. If you do not wish to be bound by these terms you must not use this website. Your only remedy for displeasure with this website, or these terms, is to discontinue the use of the website immediately.

We reserve the right to change these terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this website and these terms. Your continued use of this website after such modifications will constitute acknowledgement and acceptance of the modified terms.

License To Use Website

Unless otherwise stated, Out West Land Sales (“Company”) and/or their licensors, affiliates, and individual users own the intellectual property rights to the website and the material on the website. Subject to the license below, all these intellectual property rights, without limitation, are reserved.

You may view, download, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

republish material from this website (including republication on another website);
sell, rent, or sub-license material from the website;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website outside of user content areas; or
redistribute material from this website except for content specifically and expressly made available for redistribution.

All information provided on this website is intended for informational purposes. If you have located any material you find to be inaccurate, or in violation of copyright please forward this information to us immediately with a detailed description of your opinion to cole@outwestlandsales.com.

Out West Land Sales:

reserves the right to remove or refuse to display any and all user submissions in our sole discretion and without prior notice;
is not responsible for any failure to or delay in removing or refusing to post any users submission; and
may use any picture posted by a user for promotional or additional marketing purposes.

Important Information

Out West Land Sales does not:

assist in negotiations between buyers and sellers;
represent you or any other user of this site as an agent of any kind in any real estate transaction(s);
get involved in any disputes between buyers and sellers;
have any responsibility or liability for any transaction that occurs between users of this site;
promise or guarantee any specific results from using this website;
guarantee the accuracy or validity of any listing published by a user of the website;
provide escrow or title services; or
endorse or assume liability for any information posted on this website by a user.

Users of this website should:

conduct their own due diligence prior to entering any real estate transaction; and
secure legal representation should they not fully understand all aspects of their transaction.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Your use of the website is subject to all applicable laws and regulations, and you are solely responsible for any comments, information, real estate listing, advertisement, communications, pictures, ideas, or other material that you upload or submit to the website.

Users of this website cannot:

post any pictures not associated with the asset for sale;
post any pictures deemed offensive by Out West Land Sales (at the sole discretion of the Company);
post anything that is unlawful, threatening harassing, abusive, deceptive, inaccurate, fraudulent, or invasive to another’s privacy;
post anything that discriminates on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
post any graphic descriptions or images of sexual and/or violent content;
post any information that may infringe on any patent, copyright, trademark, or any other proprietary asset;
use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our company’s express written consent;
use this website to transmit or send unsolicited commercial communications; or
use this website for any purposes related to marketing without our company’s express written consent.

Individual listings may NOT:

have any watermark or text added to the main picture;
have flags for “Sold”, “Contract Pending”, and “Under Contract” for longer than 30 days on any one listing (or the listing must be deactivated);
contain more than one property or one group of adjoining properties per listing (this applies to all listing plans EXCEPT the Unlimited plan);
include links to personal websites (this applies to all listing plans EXCEPT the Unlimited plan);
list any website, phone number, or price in the title;
have a title in ALL CAPS (capitalization in the title is limited to no more than 1/3 of the listing title);
keyword spam (such as listing states or other keywords in the listing title or description in order to appear in more search results);
over use of special characters in the listing title;
include a price or wording that deceives the end user of its final selling price; or
be posted more than once (this applies to all listing plans).

Individual listings MUST:

include only pictures to which the individual user has intellectual rights;
have a documentation fee (if charged) that is in line with industry standards; and
have a realistic selling price.

NOTE: All decisions regarding individual listings and conforming to the published acceptable use are at the sole discretion of Out West Land Sales. Any listing may be removed by Out West Land Sales administration for violation of these policies.

Restricted Access

Access to certain areas of this website is restricted. Out West Land Sales reserves the right to restrict access to areas of this website, or this entire website, at our company’s discretion.

If our company provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Our company may disable your user ID and password in our sole discretion without notice or explanation.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Out West Land Sales makes no representations or warranties in relation to this website or the information and materials provided on this website. We assume no responsibility for the timeliness, deletion, or delivery of, or failure to store, any communications or material uploaded by you, the user.

Without prejudice to the generality of the foregoing paragraph, our company does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. By using this website, you agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that may arise from your use or misuse of this website or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Fees

At no time are any fees or monies collected by Out West Land Sales to be applied to a real estate transaction. All fees and monies collected are expressly to pay for website subscriptions, additional services (add-ons), and advertising.

Subscriptions

All monthly (billed monthly) and annual (billed annually) subscriptions are renewed automatically on their anniversary date until cancelled. Cancellation can be done through the website, by emailing to cole@outwestlandsales.com, or by calling our office and speaking with a customer service representative. You authorize Out West Land Sales to charge the credit card on file either monthly or annually based on your subscription. You may change your subscription level and/or choice of billing (monthly or annually) at any time.

Additional Services

In addition to subscription fees, you may elect to purchase additional services and upgrades such as “Featured Listings”. These can be purchased either monthly or annually. These add-on features are also renewed automatically until cancelled.

Currency

All charges are in US currency. Depending on your credit card’s currency your provider may charge a foreign exchange fee. Out West Land Sales shall not be responsible for such fees and will not reimburse for any such fees incurred.

Refunds

We do not provide refunds or credits for partially used subscriptions or any other services. After cancellation, your membership will continue until the next scheduled renewal date, at which time your account will disabled and all listings will be deactivated from the website.

Limitations of Liability

Our company will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if our company has been expressly advised of the potential loss.

Governing Law

The laws of the State of Idaho, United States of America govern this agreement. By using this website, you agree to the exclusive jurisdiction and venue of the courts of Ada County, Idaho U.S.A. in all disputes arising out of or relating to the use of Out West Land Sales. Any party who unsuccessfully challenges the enforceability of these terms shall reimburse Out West Land Sales for its attorney’s fees. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

While this website may be accessible outside the United States of America, anyone who chooses to access it from another location does so at their own risk. If you choose to access this website outside the U.S.A. you are solely responsible for compliance with all local laws in your jurisdiction. Any offer for any product, service, and /or information made in connection with this website is void where prohibited by law.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.