Terms And Conditions

Definitions:

MSU refers to "MyStreetUSA, LLC" a real estate advertising and marketing company; "Web site" refers to "MyStreetUSA.com" "MyStreetUSA" is federally trademarked as providing information in the field of real estate by linking the website to other websites featuring real estate information. "You" refers to you, the customer(s) who signed up for MSU on-line real estate advertising or marketing services, or who ordered MSU real estate related products. Customers include users, buyers, sellers and suppliers who post their information either on-line and/or order products promoted, advertised, or marketed and sold by MSU . "Agreement" refers to services provided in exchange of payment. MSU shall provide unique advertising and marketing service of each home or property for 1 (one) year or less if the property sells sooner; any extension of services beyond 1 (one) year shall be re-negotiated separately. "MyStreetUSA store" sells real estate products and services, such as signage, custom advertising, public relations, article writing and many others relevant to the effective promotion of properties and homes. "Taxes" refers to local, state and federal taxes that may be imposed on the purchase transaction; such taxes will vary by jurisdiction where the service is provided or item shipped to.

Terms and Conditions:

MyStreetUSA, LLC (MSU), a Kentucky limited liability company, having a principal place of business at 2626 Shaker Rd, Lakeside Park, KY 41017, offers its real estate advertising and marketing services on the MyStreetUSA.com web site ("Services") subject to the terms and conditions ("terms") below. You are over 18 years of age or otherwise of legal age to form a binding contract. You also agree and acknowledge that no signatures are required in connection with the terms of purchase and/or service for you to be fully bound by them. As a condition of trial, evaluation and/or use of the MSU services, you agree and acknowledge that you have read and understand the terms of service and agree to be bound by these, without limitation, modification or qualification.

Fees and Payments:

You agree to pay all fees and any other charges incurred in connection with your user name and password, including any applicable taxes, at the rates in effect when the charges were incurred. All fees will be billed at the time of purchase. You authorize us to automatically bill your credit card or submit the charge through Paypal by debit card, credit card, or automatic transfer from your Paypal bank account. Any non credit card purchases, except cash transactions, must first clear the account for more than 72 (seventy-two) hours before service is started.

Subscriptions:

Subscription services are negotiated on accounts with 10 or more properties. Where applicable, subscriptions will automatically renew using your current credit card account number unless you cancel the subsciption on the MSU web site. It is your responsibility to provide MSU with correct credit card contact information. Subscriptions must be cancelled three (3) days prior to the end of the month either on-line on the MSU web site or by email or by telephone and requires written confirmation from MSU acknowledging such cancellation.

Billing:

Any customer who signs up for MSU on the web site will be billed for the selected service(s) and/or product(s) at the published rate shown on the website. Websites are renewable after one year and a nominal renewal shall apply.

Seller adds MLS or listing agreement with Agent/Broker:

After signing a listing agreement with a licensed real estate agent/broker and their brokerage the Seller is obligated to help their Agent/Broker re-brand, modify, adjust or delete the MSU web site service. Upon deletion no refund is offered. However, MSU shall offer the agent/broker and their brokerage on-going advertisement and marketing of the property at no charge. In return, the agent/broker shall assume maintenance of the website and related services. The agent/broker is also responsible for providing MSU up-to-date contact information and sales status. MSU shall make every effort to de-activate the advertising and marketing campaign when the property is removed from the market.

Registration:

Access to the on-line account is granted to you and your designated and authorized representative at registration. Any changes, adjustments must be submitted on the web site or by email to support@MyStreetUSA.com and shall be reviewed and approved by MSU within three (3) working days of posting.

MSU Guarantee:

MSU guarantees that if your home doesn't sell in the first twelve months after you post it on MSU web site, through any channel or marketing effort, MSU will refund 100 percent of your posting fee. The posting fee excludes the actual cost of shipped materials, such as signs, flyer box, frame. This guarantee is subject to change without notice based on changes in applicable law or regulations imposed by State regulators and/or any real estate commission.

Account User(s):

It is your responsibility to notify MSU support department in writing of any changes of ownership or use of your account, or the addition of a licensed real estate agent/broker; such notifications shall be acknowledged in writing prior to implementation. Changes shall be made by MSU support within 5 (five) working days after acknowledgement.

Customer Responsibilities:

During the registration process you agree to provide true, accurate, current and complete information or documents as prompted and to maintain and update such information to the best of your knowledge keep it true, accurate, current and complete at all times. You acknowledge that you are the owner(s) of the property you are advertising or you are the legal representative or the agent/broker with written documentation authorizing you to advertise the property.

You agree not to sell, share, transfer or assign your account or any information therein. You are responsible for maintaining the confidentiality of your user name and password. You accept responsibility for the content and any and all activities in your account. MSU is not liable for any loss or damage arising from your failure to adequately safeguard your user name, property ID number and/or password. You agree that we may close your account if it remains inactive for a period of one (1) year.

Monthly Renewals:

To ensure MSU site is refreshed and appeals to Buyers MSU has implemented an on-line renewal that requires each user to extend the advertisement at the end of every month by clicking on the "renewal" button on their website's back office. This ensures that users of the service know that the content is current and keeps the advertisement and website at the top of searches. While the ad will not be deleted, if you fail to activate at the end of every month, it will be moved to a lower position on the page.

Cancellation:

Services may be cancelled at any time for cause. This can happen when you add MLS service to the account as the agent/broker must accept continuation of the on-line advertising and marketing services in conjunction with their local services. However, with the exception of the sales guarantee (refer to terms under MSU Guarantee), no refunds are made once the website services are activated.

Technology and Support

If for any reason, you encounter technology barriers due to any disability or inability to handle the technology, such as taking and uploading pictures, uploading documents, and any other service, you will need to contact MSU support for assistance at support@MyStreetUSA.com. Such assistance is limited to technical, advertising and marketing services. MSU does not provide any real estate services.

Third Party Companies:

When an account is opened all parties to the transaction authorize two-way communication, solicitation by third parties and the sale of leads to pre-approved, qualified suppliers of real estate services and their affiliated providers. MSU may use third party advertising companies to link ads when your custom home website is visited. To optimize and create interest in your property, MSU will link your website to other real estate and real estate related websites. MSU may also use various optimization technologies, such as cookies. MSU also seeks to expand its network of leads by using new technologies and services, like beacons, podcasts, and tapping into social networks to expose the home/property to on-line visitors.

Opting-out, editing, updating or deleting personal information:

MSU communications with users is governed by State and Federal regulations. Users automatically authorize MSU to communicate by email, fax, mail or telephone. Users will not be subject to robocalls, also called automated calls.

You may update or amend your personally identifyable information by making the change on your personal login profile page.

Users who do business with MSU need to know that addresses and email contacts are collected to connect with our users to do business, confirm content, contact or sales status information on the website, provide support and communicate service information. The intent is to provide service, support and continually improve our product and service offerings. Emails may include promotional emails, surveys, newsletters, partner emails, site administration emails as well as research, site development, marketing and customer service. The user has the option to opt-out to receive such communications.

Duration of the Agreement:

MSU shall provide unique advertising and marketing service of each home or property for 1 (one) year or less if the property sells sooner; any extension of services beyond 1 (one) year shall be at the published rate on the MSU website at the time of renewal. Extension fees may include domain name purchase, hosting fee, custom advertising and marketing services. Products such as signs, sign holders, flyer box, flyers and more are sold separately and not included in any website service renewals.

Pending/Sold Actions:

When the property goes pending you must update the website to show this information. When the property sells you are responsible for notifying MSU; if a licensed agent is handling your property sale then they are also responsible for handling the notification so that the property advertising and marketing can be stopped and every effort made to remove it from Internet search engines.

Disclaimer:

MSU is owned and operated by qualified and licensed IT, Advertising/Marketing, Real Estate and Finance professionals. MSU utilizes the support of third party vendors to expand the range of real estate services available to its customers. Technology and legal updates are automatically downloaded to any active customer sites. This helps ensure MSU customers are in compliance with real estate advertising and marketing services as per local, state and federal regulations.

MSU is not a real estate broker and shall not directly provide any licensed real estate services. MSU, however, shall retain the right to appoint to Seller a qualified, licensed agent/broker and their brokerage to provide MLS and local market coverage not provided by MSU. Such appointment shall not imply an agent/broker relationship with the seller unless there is a written listing agreement between the seller and agent/broker. Agent/broker shall establish the terms of this listing agreement.

Referral Services:

MSU reserves the right with your permission (the Seller) to assign a licensed agent to you at any time when it is is deemed appropriate by both parties to supplement their efforts with local MLS service.

You agree to execute with the agent and their brokerage a separate agreement that enables MSU to continue your website advertisement and marketing service. Licensed agents are required to include their contact and company information on all their advertising; therefore, you need to ensure they authorize continuation of the on-line services with MSU and provide MSU a copy of this agreement.

The agent/brokerage must also provide MSU their contact and company information (company logo optional) to ensure the content of the website is in compliance with local, state and national real estate administrative guidelines as well as their MLS Association. In the absence of such an agreement, MSU shall cancel its agreement with you and no refund shall be due.

Depending on the listing agreement between seller and agent/broker, it is explicitly understood from this agreement, that additional service charges may be incurred. The listing agreement must be amended to assume or cancel MSU services at the time it is signed. Any seller and buyer fees, typically expressed as a percentage of the final negotiated sales price are payable at closing. A listing agreement shall supersede the MSU advertisement agreement and subsequent advertising and marketing by MSU shall adhere to terms negotiated between the Seller and the agent/broker and their brokerage. The listing agreement shall provide MSU the ability to continue its services with changes of contact information and authorization by the Seller to permit the agent/broker to access and maintain the website; if no updates are provided after notification of listing by the Seller, then MSU shall automatically close down the seller's web site and de-activate any active on-line advertisements it has been made aware of.

The agent/broker and their seller must complete and submit to MSU a "change" form at the time the listing agreement is completed. MSU shall not refund any fees to the Seller when there is assumption or cancellation of service.

MSU shall provide a service to stop advertising and marketing when the property is sold subject to account owners and/or their appointed representative notification to MSU in writing of change of status from active or pending to sold. While MSU cannot force other real estate web service providers to remove your property from the web, MSU shall make every effort to handle this service.

MSU is NOT a real estate company and cannot provide any licensed real estate services. MSU can provide a forms service, property comp service, financial qualification services and similarly non-licensed services direct to the consumer. MSU will not under any circumstances act as a real estate agent, real estate broker or principal auctioneer. MSU shall not collect any real estate referral fees from the sale or purchase of the home or any property. MSU's only purpose is to provide the on-line advertising and marketing presence to supplement your home sales effort regardless of whether you're selling your property yourself or if you're selling it for someone else as a licensed agent.

MSU retains the right to refer agents and brokers and/or negotiate the seller's agent/broker fee to add MLS services. Other licensed real estate services are to be negotiated between you and the agent/broker.

Termination

MSU reserves the right to terminate user(s) and/or their authorized representative access to services, account(s) and password(s), remove and discard any content posted by you on or through its services, with or without notice to you, if any content or action violates these terms and/or any local, State or Federal rules or regulations and/or any rules in violation of local, state or national real estate administrative guidelines.

Service Upgrade:

MLS (Multiple Listing Service) Upgrade.

MSU has the option to negotiate a flat fee arrangement with the agent/brokerage to upgrade your service. You will be billed a one time, flat fee, which entitles you to a 6 (six) months listing on a local MLS. You may extend this listing for an additional 6 (six) months. Such fees are published on the website and may change from time to time as determined by demand and supply for this service.

If you register for the MLS you understand that this is a separate service from MyStreetUSA and the agent/broker and their brokerage assumes all responsibility for advertising and marketing your home. MyStreetUSA shall not incur any liability for actions or content submitted by the agent/brokerage.

The fees charged by the MLS agent/brokerage vary by office and it is your responsibility to negotiate the best rate. MSU may negotiate the sellers' agent's fee, if requested (above); the written agreement between you and the Seller shall supersede any agreement between you and MSU. It is your responsibility to negotiate the seller's and buyer's services and fees up front as this is part of the listing agreement. These agent/broker fees are in addition to any prepaid advertising and marketing services provided by MSU and are typically due at closing.

When the exclusive right to sell agreement is signed, you created an agency relationship. This entitles the seller to full realtor services (refer to your State's realtor role and responsibilities) and typically includes all services from showing the home through negotiation between buyer and seller, facilitating pre-closing services, escrowing funds through closing.

MSU is committed to providing the agent leads from the website during the advertisement and marketing phase of the home as this helps them advertise your home locally and provides local follow-through services with potential buyer(s). MSU requires written authorization from you and the agent/broker and their brokerage to continue to provide these leads after entering into a listing agreement.

Addtional advertising services

MSU offers many additional custom services to get the word out that your home is on the market. Our services range from custom advertising, hard copy mailers, signage and article writing to a public relations campaign. Clearly the benefit must outweigh the cost. New services can be added any time during the advertisement/marketing period.

MSU's role is to drive demand; we will make every effort to put in place the right advertising and marketing tools for your property. You need to decide which tools best fit your local market based on your timeline, personal needs, costs and other requirements.