Flat Rate Homes

Terms of Use

(Last revised July 15, 2015)

Acceptance through Use. This website (the "Site") is operated by The Flat Rate Group, Inc., a Utah corporation, dba Flat Rate Homes, with its Affiliates (hereinafter collectively referred to as, “FRG,” “FRH,” “Operator,” “Brokerage,” “we,” “us,” or “our”). “Affiliates” refers to subsidiaries and entities that The Flat Rate Group, Inc., or its subsidiaries operate or have an ownership interest.

By using the Site, you the user (hereinafter collectively referred to as, “user,” “seller,” ”owner,” or “you”) agree to be bound by all of the terms, privacy statements, conditions and notices contained or referenced in these Terms of Use. You should review the Terms of Use from time to time. Operator may change any of the Terms of Use at any time without notice by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised Terms of Use. If you do not accept all of the Terms of Use, you must exit the Site immediately.

Use of the Services by children. The Site is not directed to, or intended for use by, children (defined as anyone age eighteen (18) or younger). Unless legally emancipated with full contract rights and being a “legal owner” over property/properties wanting to be sold, children should not use the Site or submit any information within this Site. By using the Services, you hereby represent that you are at least 18 years old.

Privacy. You should review the Privacy Policy posted elsewhere at the Site before using the Site.

PRIVACY POLICY REGARDING PERSONAL AND FINANCIAL INFORMATION. The Brokerage shall take appropriate steps to safeguard the personal and financial information of User. The Brokerage does not, and shall not, sell the private personal or financial information of the user to any third parties, except that such information may be shared between the Brokerage and its subsidiaries or associated companies or their assigns, including the Principal Broker, associate brokers, agents, officers or employees of the same and may be used to further the purposes of this Agreement, or for marketing purposes after the term of this Agreement shall have expired. User acknowledges and agrees that payment information is not kept by the Brokerage except in cases where there may be recurring monthly payments for services.

Notwithstanding the foregoing, user acknowledges that they are aware that there are risks inherent in electronic communications through the internet and email and that private information may inadvertently be made known to third parties. User agrees, as an express term of this Agreement, to hold the Brokerage harmless for any breaches of its privacy that may occur due to the use of the internet or electronic communications such as email. User further authorizes and consents to receiving communications from the Brokerage via email and by telephone.

Links to Third Party Sites. The Site may contain links to websites operated by third parties. These links do not constitute or imply an endorsement of the linked site. The linked sites may appear to be integrated into the Site, but are not under Operator's control. Operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to use that site.

User Submitted Content. By posting or submitting any and all content to the Site, including any pictures, audio or video files, or personal information (collectively, "Your Content"), you affirm, represent and warrant that (1) you own or otherwise control all right’s, title and interest in and to Your Content, including the copyright thereto, (2) none of the materials included in Your Content are defamatory, libelous, obscene or pornographic, and (3) use of Your Content as provided in these Terms of Use will not violate any legal rights (tangible or intangible) of any third party. You hereby grant Operator and its designees a worldwide, royalty-free, non- exclusive, transferable, sublicenseable license (the "License") to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and prepare derivative works of Your Content in connection with the Site or the conduct of Operator's business in any formats and through any media channels. Operator may monitor Your Content as it appears on the Site and may edit or delete Your Content at any time and for any or no reason without your permission.

Indemnification. You will indemnify, defend, reimburse and hold harmless Operator, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Operator, for, from and against any and all liabilities, claims and expenses of any type or nature, including costs and attorneys' fees, that arise from the exercise of the License set forth above or from your use of the Site.

Intellectual Property. You acknowledge that all content and materials available at the Site other than Your Content (collectively, the "Content") are owned or controlled by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Site and the Content as expressly permitted in these Terms of Use and for no other purpose. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including any copyright or trademark notices. You may not use the site for any commercial purpose, including but not limited to, sending unsolicited commercial email or making unsolicited commercial phone calls. Except as authorized by Operator in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without Operator's permission. Operator's policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

Disclaimer of Warranties. YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE "SITE MATERIALS"), ARE PROVIDED ON AN "AS IS/WHERE IS/AS AVAILABLE" BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

International Use. The Site is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.

Choice of Law. This Agreement will, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site will be filed only in the state courts located in Utah County, or the federal courts located within the State of Utah, and you further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any such claim or action.

Integration and Severability. These Terms of Use, along with the Privacy Policy, Photo Policy, and the Exclusive Agency Agreement, if any are posted elsewhere at the Site, constitute the entire agreement between Operator and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of these Terms of Use, Privacy Policy, Photo Policy, and the Exclusive Agency Agreement, if any, are determined to be invalid or unenforceable, all other provisions thereof will remain in full force and effect.

Unauthorized Use and Termination. You agree to use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.

30 Day Money Back Guarantee. Once seller purchases a Brokerage plan through the Brokerage or one of its Affiliates, the effective date for that listing begins when the listing is published to either the Brokerage website and/or the MLS. The Seller may terminate the listing for any reason within 30 days of the Effective Date of the listing. Seller may receive a refund of amounts paid for unused services or products subject to the following: Sellers who purchase monthly Brokerage listing plans, and 12 month/annual Brokerage plans may receive a full refund IF they terminate the listing within 30 days of the Effective Date and IF the listing is the first listing the Seller has placed with the Brokerage. Refunds will not be issued to sellers of flat rate listings who terminate the listing more than 30 days after the Effective Date or who have listed properties with the Brokerage previously, and who therefore are aware of the nature and quality of the services provided by Brokerage. All refunds will be adjusted to account for actual out of pocket payments, coupons, promotions or other discounts that may have been received by the Seller. No one may receive more back from the Brokerage in consequence of the Guarantee than they originally paid for the services. No prorated refunds shall be calculated based on partial months. No refunds shall be given until yard signs, frames, leased keybox(‘s), and/or any other leased items are returned to the Brokerage, or its representatives, within 10 days of termination of the listing, and are in good condition. In no event shall refunds be issued for any services or products if a buyer found the Listed Property due to the products and/or services provided by the Brokerage and then purchased the Listed Property. Any refunds to be provided shall be provided to the Seller within 30 days of the date the notice of termination is received and/or when all the conditions mentioned above are met.

**THIS SITE DOES NOT PROVIDE LEGAL and/or FINANCIAL ADVICE The contents of this site, such as text, graphics, images, information obtained from, or contained on this site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional legal, tax and/or financial advice from a licensed attorney, CPA, and/or other licensed financial professionals. Always seek the advice of your licensed attorney and/or other licensed financial professionals with any questions you may have surrounding financial, tax and/or legal matters. Never disregard professional legal and/or financial advice or delay in seeking it because of something you have read on this site!

Reliance on any information provided by the site owner and Operator, including their employees, contractors or others appearing on the site at the invitation of the owner and Operator, or other visitors to the site is solely at your own risk.

Contact Information. Questions concerning these Terms of Use or the Site should be directed to support@flatratehomes.com