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These Terms of Use were last updated Frebruary 25, 2020.
PLEASE SCROLL DOWN AND READ THESE TERMS OF USE.
Terms of Use
Scope and Applicability
These Terms of Use (the "Agreement") are applicable to anyone ( "you" ) who have accessed to the Web pages, services, content, forum, newsletters, databases and information (collectively, the "Services") provided by ListARealestate.com using the Web site. "Subscriber" means each person or company who establishes or accesses a connection ("Account") for access to and use of our Services.The "User" is anyone who uses our Services. These Services are made available by ListARealestate.com subject to the terms and conditions of this Agreement.
Agreement
BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, LISTAREALESTATE.COM IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
ListARealestate.com may modify this Agreement from time to time in its sole discretion and without notice to you. Modified Agreement includes modifying existing terms and conditions and/or adding news terms and condition to this Agreement. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
ListARealestate.com does not provide real estate services.
Real estate buyers or sellers can find each other using our Services. However, ListARealestate.com does not engage in real estate broker services. Any agreement that made is between buyer and seller. ListARealestate.com is not a party and certainly will not endorse or recommend any such agreement.
User Conduct
(1) You shall access the Services manually by request and not programmatically by macro or other automated means.
(2) You shall not perform solicitation to Subscribers, including, but not limited to, the solicitation of Subscribers to become Subscriber's agent. You shall not use the ListARealestate.com to contact the Subscribers in any way, except for the purpose of purchasing of the Subscriber's property.
(3) You acknowledge and agree that ListARealestate.com contains text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel and other protectable intellectual property. You shall abide United States copyright laws.
(4) You may download copyrighted material for your personal use only, provided that you maintain all copyright and other notices contained therein. You shall not reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, rearrange, modify, or commercially exploit the downloaded material without the express permission of the copyright owner.
(5) You shall not violate the National or State "Do Not Call" laws. Federal law and many state laws prohibit any real estate broker/agent or other real estate professional or other companies to call you if your telephone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for at least thirty one days and the caller does not have any prior business relationship with you or written authorization from you prior to making the call. Subscriber is encouraged to file a complaint if Subscriber received such call. Subscriber may file a complaint online at www.donotcall.gov/Complain/ComplainCheck.aspx by providing the date you received the call and either the name or telephone number of the company or agent/broker that called you.
Subscriber Conduct
(1) Subscriber shall use ListARealestate.com for lawful purposes only. Subscriber shall not post or transmit through ListARealestate.com any material which violates or infringes in any way upon the rights of others, which is in poor taste, inflammatory attacks of a personal, racial or religious nature, unreasonably harmful or offensive to any individual or community, which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, which is unlawful, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
(2) Subscriber shall abide applicable federal and state laws and regulations. Regulations include, but not limited to, not discriminating in the sale or financing of Subscriber's property on the basis of race, color, religion, sex, disability, familial status or national origin. Subscriber shall not impersonate any person or entity and falsely represent your affiliation with any person or entity.
(3) Subscriber shall provide true, accurate, current and complete information and maintain and promptly update such information so as to keep it true, accurate, current and complete at all times.
(4) Subscriber shall not sell, transfer or assign your Account or any Account rights to anyone. Subscriber shall maintain the confidentiality of the user name and password. Subscriber shall report any unauthorized access to Subscriber's Account to ListARealestate.com immediately. Subscriber is liable for any activity that occurs in Subscriber's Account.
(5) Subscriber shall not transmit, submit or post information that contains any viruses, worms, Trojan horses, trap doors, back doors or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(6) Subscriber shall not use ListARealestate.com to advertise or perform any commercial solicitation, including, but not limited to, of other on-line information services competitive with ListARealestate.com. Real estate agent lists his or her web site address in the house page will violate this term.
(7) By submitting material to ListARealestate.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted ListARealestate.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide.
(8) Subscriber shall be solely liable for any damage from any copyright violation for the Subscriber's uploaded and posted materials.
(9) For Free Member, Subscriber shall not list any house that the Subscriber does not own. Subscriber shall not list any house that is "Not Ready for Sell". "Not Ready for Sell" includes, but not limited to, house ownership is under dispute due to divorce or other reasons, house has an action pending against it, house is currently attached with a lien by government, contractor or a handyman or others.
(10) Subscriber shall remove the listing after the house is sold.
(11) Subscriber, Subscriber's spouse or relatives shall not pose the same house,
(12) Subscriber shall be over 18 years of age or otherwise is of legal age to form a binding contract.
Modifications to the Services.
ListARealestate.com may modify our Services or temporary discontinue its Services in its sole discretion and without notice to you. Modification of the Services can include, but not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the "look and feel" of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinue our Services could be due to the server outages or other reasons.
Termination
ListARealestate.com may discontinue or change all or any of the Services, or any portion thereof, or their availability to you, immediately, in its sole discretion, at any time without cause. ListARealestate.com may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREES THAT USE OF LISTAREALESTATE.COM SERVICES IS AT YOUR SOLE RISK. ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, LISTAREALESTATE.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER LISTAREALESTATE.COM, ITS OWNER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. LISTAREALESTATE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
LISTAREALESTATE.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. LISTAREALESTATE.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CORRECTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE LISTAREALESTATE.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION OF LISTAREALESTATE.COM, ITS OWNER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES. YOU SPECIFICALLY ACKNOWLEDGE THAT LISTAREALESTATE.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. FURTHER, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING DEATH, OR DESTRUCTION OR LOSS OF PROPERTY, SUSTAINED OR ALLEGED TO HAVE BEEN SUSTAINED BY BUYER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES, IN CONNECTION WITH OR TO HAVE ARISEN OUT OF OR INCIDENTAL TO THE PURCHASE, REGARDLESS OF WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION OF LISTAREALESTATE.COM, ITS OWNER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES, OR SELLER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES.
Monitoring
ListARealestate.com shall have the right, but not the obligation, to monitor the content of ListARealestate.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ListARealestate.com and to satisfy any law, regulation or authorized government request. ListARealestate.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on ListARealestate.com. Without limiting the foregoing, ListARealestate.com shall have the right to remove any material that ListARealestate.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnification
You agree to defend, indemnify and hold harmless ListARealestate.com, its owner, its directors, officers, employees, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ListARealestate.com's Services.
Subscriber bears all responsibility for Subscriber's employees’ actions while in Subscriber's employ. Subscriber shall indemnify and hold harmless ListARealestate.com and its Suppliers, together with its officers, directors, shareholders, parent corporations, affiliates, subsidiaries, employees, and representatives, assigns, agents and successors, from and against any and all liabilities, fees, debts, damages, suits, actions, judgments, injuries, losses, demands, expenditures, costs and expenses including, but not limited to, all attorneys’ fees and court costs and other costs of defense, including settlement costs or claims of whatsoever nature relating to or arising out of any of the following: (i) any act or omission made by Subscriber or any of the Subscriber's affiliates regarding any real estate transaction involving the Services; (ii) any act or omission of Subscriber or any of the Subscriber's affiliates including, but not limited to, any injuries to or death of persons or any damage to property or vehicles during Subscriber's prospects’ attending open houses or inspecting Subscriber's selling properties; (iii) any breach of default of any provision hereof by Subscriber or any of the Subscriber's affiliates; (iv) any breach or inaccuracy of any representation and warranty made by Subscriber herein, including, but not limited to, the representations and warranties set forth in this Section hereof; (v) any alleged violation by Subscriber or any of the Subscriber's affiliates of any law, rule or regulation, statue, order or promulgation of any court, agency or administrative body; (vi) any fraudulent or misleading act or statement made by Subscriber or any of the Subscriber's affiliates; and (vii) any and all taxes of any kind arising out of any transaction between Subscriber and Subscriber's customers including, but not limited to, real estate transaction.
Entire Agreement
This Agreement and any operating rules for ListARealestate.com established by ListARealestate.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Governing Law; Jurisdiction and Venue
The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate court located in Georgia. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Georgia, U.S.A., for any litigation arising out of or relating to the use of our Services, waive any objection to the venue of any such litigation in the Georgia courts. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph.
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