General Terms and Conditions

Purpose of This Website and Limitation of Use

This Website is intended for the exclusive use of those persons whose presence is permitted by the Website operator, who reserves the right to change, amend, modify or discontinue any online posting or relationship at any time for any reason without notice and further reserves the right to admit, expel, re-admit, limit or discontinue participation by any person for any reason without notice. No person has any right to enter, maintain or continue any information or presence on the website except by permission of the website operator and such permission may be withheld at any time for any reason. By entering this website or posting any information on this website, you consent to the foregoing and to the transmission, use for any purpose and routine monitoring by Haris & Company of all such information and presence. No person has any right to copy, resell, reformat or repackage any of the information on this website without prior written permission of the website operator. These terms and conditions are intended govern the terms of this website and to be read together and supplement all other written agreements between you and the website operator and to supplement any other notices and terms posted on this website and you agree to the same by entering the website. By clicking below you consent to these terms and conditions and to any and all further practices and procedures and notices of the website operator, as from time to time added, changed or amended.

Separate Nature of the FSBO/WIN Classified Ad Webpage / No Brokerage

On this website Real Property and Senior Housing Facilities represented by Haris and Company and/or others are advertised. In addition, there are webpages which are a part of this website where listings for sale by owner ("FSBO") are posted. By entering the FSBO part of the website and be clicking below, you acknowledge that you understand that the FSBO advertisements are not listings or solicitations and that they are advertisements by FOR SALE BY OWNER owners only. Further you acknowledge that the Expressions of Interest and Wanted Now postings are those of third party interested persons unrelated to Haris and Company and the website operator. Brokers are not welcome on this site, unless they are acting as principals with the prior permission of Haris & Company.

Caveat Emptor

The Website advertisements by For Sale by Owner ("FSBO") Facilities posted on this website and the Expressions of Interest and the "Wanted Now" postings and advertisements and listings by other brokers have not been reviewed or checked for accuracy or content by this website or by Haris & Company. As in all business transactions, Caveat Emptor. RETAIN ANY PROFESSIONALS YOU DEEM NECESSARY.

Subscriptions

Subscriptions are billed monthly. Subscribers are entitled to view Haris Confidential Classified ads and to receive a 30% reduction on premium ad views posted by Haris & Company. Your subscription is in the nature of a magazine subscription and does not create a real estate brokerage relationship. The first calendar month of a subscription is not billed to the subscriber. In addition to other governing rules on the use of this website, subscriptions may be cancelled at any time by the subscriber. There are no full or partial refunds of subscription fees. All sales are final. Haris & Company reserves the right to cancel any subscription for any reason. See the other General Terms and Conditions for additional limitations, terms and regulations on the use of the website. If a subscription is cancelled by Haris & Company, the subscriber's remedies nd claims are limited to a pro rata partial refund of any prepaid monthly subscription fees.

No Representation of FSBOs/Viewing and Posting FSBO Ads

ADDITIONAL TERMS AND CONDITIONS REGARDING POSTING OF ADVERTISEMENTS BY FOR SALE BY OWNER ("FSBO") ADVERTISERS ON THE HARIS CONFIDENTIAL CLASSIFIEDS AND THE VIEWING OF FSBO ADVERTISEMENTS.

1. If you choose are a FSBO who chooses to market your property by basic and/or Premium advertisements that you post in the Haris Confidential Classifieds you agree and represent:

a) that your purchase of advertising and participation in the Haris Confidential Classifieds is in the nature of your purchase of newspaper classified advertising; and

b) that you are acting on your own behalf as a For Sale by Owner ("FSBO") and that all information you post in the basic and Premium advertisements belongs to you alone and to no other person; and

c) that all information of any kind that you post is free of any other person’s claims or rights and that no other person’s consent or approval is required for its posting, sale or transmittal by you to others; and

d) that you intend and authorize that any basic and/or Premium advertisement you post may be viewed on the Haris Confidential Classified Advertisement pages; and

e) that you authorize and are aware that any basic or Premium advertisement you post may be viewed by other persons whose identities are unknown to you; and

f) that you alone are responsible for the timeliness, accuracy and completeness of any information you post and for verifying all such information and that the Haris Confidential Classifieds has no responsibility therefor; and

g) that NO real estate brokerage relationship is intended or created by your participation in the Haris Confidential Classifieds or by your posting or the viewing of any advertisements, or by the payment of subscriptions, advertising fees or of Premium advertising fees, or by the transmission of contact information or any other act; and,

h) that you will not post any defamatory, scurrilous or offensive matter in your advertisements and that any such matter can be removed at any time by Haris Confidential Classifieds in its sole discretion and, further that Haris Confidential Classifieds may remove any advertisement or posting in its own discretion at any time with a pro rata refund of your basic advertising fee and

i) that a one time fee for your basic advertisement is earned by Haris Confidential Classifieds upon your initial posting of the advertisement on this website and that additional charges will apply to extend its posting past 30 days, but that you may remove your basic advertisement from this webpage at any time without partial refund; and,

j) that if you post Premium Advertisements you will incur an Premium advertisement fee for each viewing of your Premium advertisement which will be charged to you as each viewer obtains access to your Premium advertisement. These fees are in addition to the one time posting fee for your basic classified advertisement; If you wish to place a Premium Advertisement with marketing or other information in addition to your Basic Advertisement, you may email an attachment to attachment @harisconfidential.com (reference your order number.) This may include any information that you want to be made available to potential buyers (such as detailed information, photos, floorplans, etc.). A Premium Advertisement must be submitted as one downloadable fie (pdf, zip, jpg, etc.) under 9.5 megabytes. You may make Premium Advertisements available for free to those with access to this website or you may select a price for viewers to access to your Premium Advertisement and this will be remitted to you. You may restrict the number of viewings of your Premium advertisement by stating this in your email forwarding your Premium Advertisement. You will be billed a Premium Advertisement fee of 99 cents for each viewer access to the Premium Advertisement and

k) that all sales and charges of the Haris Confidential Classifieds are final; and

l) Haris & Company has the right in its sole discretion to decline to post and/or to reject any advertisement, premium advertisement or upload by any person.

m) these additional terms and conditions may be modified from time to time and you agree to abide by the same and/or any modifications to them.

2. If you choose to participate in the Haris Confidential Classifieds and/or to view basic and/or Premium advertisements posted by FSBO’s on this website, you agree and acknowledge that:

a) that you are acting on your own behalf , are not a broker and that your participation in the Haris Confidential Classifieds is in the nature of a purchasing a newspaper subscription for a newspaper containing classified advertisements; and

b) that all basic and Premium advertisements posted by FSBOs on the Haris Confidential Classifieds viewed by you are FSBO advertisements that contain information prepared by the FSBO alone and that Haris Confidential Classifieds has no responsibility for their content and/or accuracy, and

c) that NO real estate brokerage relationship with any person is created by your viewing advertisements, or by your participation in or your subscription or payment for access to the Haris Confidential Classifieds or, if you have requested it, by the transmission of your contact information to FSBO advertisers; and

d) that you alone are responsible for verifying the content and accuracy of any information in any basic or Premium advertisement viewed by you and that the Haris Confidential Classifieds has no responsibility therefor; and

e) that all sales and charges of the Haris Confidential Classifieds are final; and,

f) that additional these terms and conditions may be modified from time to time and you agree to abide by the same and/or any modifications to them.

The website operator of this website and Haris & Company are not representing any person with respect to any of the Facilities advertised by FSBO's nor do the website operator or Haris & Company make any representations, promises or guarantees with respect to any such Facilities, the identity of the owners, their honesty, creditworthiness or business practices or any advertisements or statements made by them now or in the future. The website operator of this website and Haris & Company are not representing any person with respect to any of the Expressions of Interest or the "Want It Now" postings that are filled out on this website nor do they make any representations, promises or guarantees with respect to such Expressions of Interest, their requested transmission (which may be withheld for any reason by the website operator), the identity of such persons, their honesty, creditworthiness or business practices or the statements in such expressions of interest.

Disclaimer of Warranty

The website operator of this website and Haris & Company hereby DISCLAIM ALL WARRANTIES of use, fitness or otherwise, whether or not express or implied, with respect to participation in or the use of the website, its performance or operation, the information posted or exchanged, the requested transmission of information, any results or representations or otherwise.

Remedies for User Breach

By clicking below and/or providing your signature to any documents sent to the website operator, you agree to indemnify, hold harmless and defend Haris & Company for any breach by you of any of the foregoing terms and conditions and any misuse of the site by you. Actual or threatened misappropriation or dissemination or misuse of the site or of information which is transmitted to or received by you or other breach of this agreement may be enjoined in the Superior Court of the State of California for the City and County of San Francisco California and the United States District Court for the Northern District of California and you consent to their jurisdiction. In the event of a breach or a threatened breach by you of any obligations under this agreement, you hereby agree that Haris & Company and/or the website operator do not have an adequate remedy at law, and shall suffer irreparable harm. Therefore, you agree that in addition to any other remedy at law or in equity, Haris & Company and or the website operator shall be entitled to obtain in a court of law or equity: (i) a temporary restraining order and/or preliminary and permanent injunction restraining any further breach or threatened breach of such covenant or covenants, and (ii) damages as may be appropriate. This agreement shall be governed by California law.

No Marketing of Securities or Investment Interests

No public or private offering may be made or advertised on this website. No person shall advertise or market partnerships, limited liability company interests or securities (whether registered or unregistered) of any kind on this website.

Confidentiality Agreement

In order to access premium ad views, the Confidentiality Agreement must be signed and returned via fax, mail, or email to Haris & Company. Download the Haris & Company Confidentiality Agreement (CA)

By clicking below you consent to the foregoing and agree to abide by the same and by any instructions of the website operator.

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