NuWayMLS.com Terms and Conditions of Use
Last Updated March 31, 2006

1.  The prices and complete descriptions of all our FSBO advertising packages, services, and products are posted on our List My Property" page.

2.  The Flat Fee MLS Listing Services are provided by Independent Licensed Real Estate Brokers NOT NuWayMLS, after you order here you will receive an email order confirmation with the Licensed Brokers contact information, please contact them directly for further service related to your MLS listing since they can provide professional advice.  We will be happy to assist any user with a customer service issue, if you are for any reason not satisfied with the services of any Broker advertising here please contact us and we will be happy to assist you in that regard.   NuWayMLS is not affiliated with these Brokers and is not involved with them insofar as actually providing users the listing services advertised here.  We merely provide them advertising and order processing services.  NuWayMLS is not  providing or attempting to provide any real estate, appraisal, legal, or other professional services.   NuWayMLS is engaged in providing real estate Advertising services only for homeowners and Real Estate Brokers offering Flat Fee MLS listing services.  If legal, appraisal, or real estate advice, or other professional services or assistance is required to assist any NuWayMLS user or advertiser in any way, you are hereby recommended to seek advice from a licensed professional with experience dealing with the nature of the matter you need assistance with. 

3.  NuWayMLS is publishing this site and it's advertising content without warranty of any kind whatsoever, and makes no representations whatsoever regarding the accuracy, completeness, or otherwise as to the content of the site and the advertisements.  NuWayMLS publishes ads without editing or review as to content accuracy or completeness and does not undertake to verify the accuracy nor completeness of ads.  NuWayMLS publishes the Newsletters By Real Estate Professionals without editing as to content and does not undertake to verify the accuracy or completeness of their content.  The content of this site and it's advertisements  are published for use "as is".   NuWayMLS hereby expressly disclaims any representation and all warranties of every kind and nature, INCLUDING without limitation ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE,  TITLE, and every other kind now or hereafter imposed by any governmental authority.  NuWayMLS hereby expressly warns all potential buyers to verify all property information and transaction details for yourself, NuWayMLS does not perform any verification of advertising content as to accuracy nor completeness.  Likewise, NuWayMLS has not and does not undertake to verify the completeness nor accuracy of the content of any third party web site which is referenced on this site nor any third party content provided in this site nor any third party service advertised or sold on this site.  All such references to third parties, their sites, their services, and this sites content provided by any third parties is for the users convenience and it is the users responsibility to evaluate the accuracy and completeness of such third party content/site/services or the qualities of those third-party services for themselves.

4.   Neither FSBO Advertising Service, Inc. (herein NuWayMLS) nor any of its officers, directors, employees or agents will be liable for damages arising out of or in connection with the use of this site or any third party site/content/service referenced herein. This is a complete limitation of liability that applies to all damages of any and every kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury, and claims of third parties.    Users and advertisers HEREBY RELEASE AND DISCHARGE  FSBO Advertising Service, Inc. and its officers, directors, employees and agents for any and all claims pertaining to their use in any way of this site and any third party site/content/service referenced advertised or sold herein, EXPRESSLY INCLUDING WITHOUT LIMITATION ANY CLAIM OF NEGLIGENCE AGAINST FSBO Advertising Service, Inc.  or any of its officers, directors, employees or agents.  This agreement shall be governed by the laws of the State of Texas (without reference to its choice of law provisions) and Venue shall be in Harris County Texas in all circumstances.

5.   NuWayMLS reserves the right, at its sole discretion, to modify the contents of this  site at any time without notice.  Price and availability of any or all of our services or products, including the publishing of this site in it's entirety are subject to change without notice.   Prepaid advertising will be refunded pro-rata only in the event the entire publication of this web site ceases.  NuWayMLS's FREE distribution of it's ads to third-party sites is a FREE service which is provided on an as desired by NuWayMLS basis and at NuWayMLS's sole discretion and is also subject to the terms of it's arrangements with such third parties and subject to the terms of service of said third parties.  These distribution arrangements with third-parties may be changed or discontinued by NuWayMLS at any time and without notice to the advertisers.  Paid distribution is subject to the terms of use the sites to which it is distributed.

6.  NuWayMLS reserves the right to refuse to publish or to discontinue publishing any advertisement or listing in NuWayMLS's sole discretion.  Any prepaid ad or listing which is refused publication or cancelled after publication will be refunded pro-rata.

7.  NuWayMLS is a Trademark of FSBO Advertising Service, Inc. (herein FSBOAdvertising).  All  site design, text, graphics, the selection and arrangement thereof, and all software are Copyright 1999 - 2006, FSBO Advertising Service, Inc.,  ALL RIGHTS RESERVED.  All references herein to "FSBOAdvertising" or NuWayMLS shall refer to FSBO Advertising Service, Inc.  Permission is granted to use this site and it's contents for the sole purpose of pursuing the user's desire to purchase or sell real estate.  Those users may copy only those portions of this  site's advertisement content which is of assistance to said users for the sole purpose of  pursuing their real estate transactions.  Any other use of the information and material on this site, including without limitation, reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of FSBOAdvertising  is strictly prohibited unless specifically requested by FSBOAdvertising.  Use of this site for the purpose of gathering information either for use of any kind or for republication (unless specifically requested by FSBOAdvertising) or SOLICITING the advertisers for commercial or other purposes is EXPRESSLY PROHIBITED.   FSBOAdvertising reserves the right, and all users expressly consent to these procedures, to employ such procedures as it deems necessary to detect any unauthorized solicitation of advertisers or information gathering.  In addition to and without limiting any other legal remedy available to FSBOAdvertising either at law or in equity, in relation to it's enforcing this non-solicitation/information gathering provision, it is expressly stipulated that all gross revenues along with all other commercial benefits accruing to any solicitor/information gatherer violating this restriction shall be the property of FSBOAdvertising Service and it shall be entitled to its Attorney fees and cost associated with any legal proceeding brought to collect said revenues or benefits in the event they are not remitted to FSBOAdvertising immediately upon receipt of same by any such violating solicitor/information gatherer.

8. NuWayMLS's "Internet Plus" advertisers authorize NuWayMLS to distribute hard copies of their advertisement directly to potential buyers who request hard copies by either fax or direct mail.    NuWayMLS reserves the right to limit hard copy  deliveries of any specific advertisement by U.S. Mail to a maximum of 40 per month.  All Advertisers hereby grant FSBO Advertising Service, Inc. an Irrevocable but Non-Exclusive Copyright License covering the entire content of the Advertiser's advertisement, including but not limited to the electronic photo images. FSBO Advertising, in it's sole discretion and as it desires, may publish or cause to be published any such content in whole or in part, in any other Real Estate Advertising Web Site or Real Estate Advertising Print Publication. All Advertisers hereby undertake the sole obligation to timely modify their ad to indicate if the property has been sold or is no longer offered for sale. All Advertisers hereby warrant that the entire contents of their ad are true and correct to the best of their knowledge and belief and undertake to timely modify their ad to correct any errors or incorrect information that comes to the attention of the Advertiser. Each Advertiser hereby agrees to Indemnify and hold FSBO Advertising Service, Inc. totally harmless from any and all cost, risk, expense, or liability of any and every kind which may result from any incorrect or misleading information being included in the Advertisers ad or the publication of the ad itself.

9.  Except as expressly set forth herein, no refunds shall be made.  Advertising fees are fully non-refundable.  Flat Listing Fees are fully non-refundable after the listing is input by the real estate agent.  If termination of any listing service is requested in writing before the listing is actually input by the real estate agent (no service is actually provided by the real estate agent) and an exception to this no-refund policy is requested, a realtor referral fee of $149 shall be fully non-refundable in such case and a partial-refund of the actual Flat Listing Fee paid less said $149 non-refundable referral fee will be made.  There is no refund on signs or products after they are shipped and there is a $49.50 shipping/handling/restocking fee for any shipment which is returned undelivered.

10.  NuWayMLS expressly reserves the right, at it's sole discretion, to electronically block either the access to our sites or the use of any of the sites features by any specific user.

11.  Your use of the NuWayMLS site or advertising therein shall constitute your acceptance of these terms and conditions. NuWayMLS may amend these terms and conditions by posting any change on this page.

12.  NuWayMLS's policies and procedures pertaining to the collection and use of your personal information are set forth in our Privacy Policy.