Terms of Service

ListingCity, Inc.
Terms of Service
Last updated May 2021

I. GENERAL

ListingCity, Inc., (hereinafter variously “ListingCity,” “we,” “us”, and “Provider”) a Delaware corporation domiciled in Nevada, is an online platform (collectively, the “Site”) that provides its users with real estate information, advertising and/or tools pertaining to real estate. We call users to all persons or entities who access our website at listingcity.com (the “Site”), including without limitation tenants, potential tenants, commercial brokers, realtors, real estate agents, property owners, landlords and other real estate professionals or companies (hereinafter “Users”, “you” or “your”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE LISTINGCITY SITE. By using the ListingCity Site you agree to these Terms. If you do not agree to the Terms, please do not use the ListingCity Sites. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these Terms periodically for changes. Your continued use of the ListingCity Site following the posting of changes to the Terms will mean you accept those changes.

II. THE SERVICES

ListingCity provides an online platform to facilitate contact when consumers wish to be contacted by realtors, brokers, agents, Real Estate professionals or companies. Our services and any other features, tools, applications or materials offered from time to time in connection with our business, however accessed, are referred to collectively as the “Services”, and may be accessed on or through our Site or URL variations thereof and any of our other authorized applications, features or devices. For the avoidance of doubt, the “Site” shall include all information, data, text, software, photographs, images, videos, graphics, organization, layout, design, logo, reports and other content contained on the website. In addition, the meaning of “Service” shall include all correspondence, email, or data sent by ListingCity.com personnel or agents. You also understand and agree that the Service may include advertisements or links to third party websites. You also understand and agree that the Service may include certain communications from ListingCity.com, such as service announcements, administrative messages and various emails, which may include attachments. Use of our Services and the Site is subject to compliance with these Terms of Service and the accompanying Service Agreement which is required in order to subscribe and which terms are incorporated herein by reference.

ListingCity does not represent buyers or sellers, does not provide real estate services to buyers or sellers, and is never a party to or otherwise involved in any transaction between buyers and sellers.

ListingCity may have third-party providers, like Brokers, Realtors, Agents, Real Estate Professionals or Companies, Multiple Listing Services or Listing Management Platforms; for the listing data you see on our site. We guarantee that synchronized data from third-party providers will remain secure on our site and will not be redistributed.

III. CHANGES TO THE TERMS OF SERVICE

We may amend these Terms of Service at any time by posting the amended Terms of Service on our Site at ListingCity.com. If we make a material amendment to these Terms of Service, we will notify you by e-mailing a notice to you at the e-mail address you provided and as reflected in your account. You can review the most current version of the Terms of Use at any time at: https://listingcity.com/TOS. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the ListingCity network.

IV. ACCESS TO AND USE OF THE SITE AND SERVICES

  1. Age Limitations. In order to subscribe to ListingCity Services, you must be at least 18 years of age. You represent that you are at least 18 years of age and have the authority to enter into these Terms of Service. This Site in neither intended nor directed to children or anyone under the age of 18.

  2. Your License. ListingCity hereby grants you a limited, non-exclusive, non-transferable, revocable license to access the Site and utilize the Services as outlined in these Terms of Service.

  3. Confidentiality.

    1. Confidentiality of the Site and Services.
      1. You understand and appreciate that maintaining the confidentiality of ListingCity as your source of real estate listings information is of the utmost importance. As such, you agree that under no circumstances whatsoever will you divulge ListingCity as the source of your real estate listings, except as permitted by ListingCity in writing. Whether receiving notice of a listing via postal mail, texts/SMS, fax, by logging into the Site or otherwise, you agree to maintain in strict confidence ListingCity as your source of real estate listings at all times.
      2. You agree that you will follow ListingCity’s instructions on how images and/or documentation may be downloaded and/or saved for use as evidence in any proceeding, legal or otherwise. Specifically, you will not under any circumstances download, save or make screen shots of images which include the ListingCity logo, URL, name or other contact information. Rather, you will utilize the links provided by ListingCity that are specifically designed for and designated to allow you to download and/or make screen shots that provide you with the information you need, but that omit any reference to ListingCity.
    2. Mutual Nondisclosure of Confidential Information.
      1. Confidential Information means all information provided by you or us (the "Discloser") to the other (the “Recipient”), whether orally or in writing that is either designated as confidential or is intended to be treated as confidential, as determined by its nature and content. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Recipient before receipt from the Discloser.
      2. The Recipient will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information to any third party, and (iv) limit access to Confidential Information to its employees, contractors, advisors and agents.
      3. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. We retain all right, title, and interest in and to our Confidential Information while you retain all right, title, and interest in and to your Confidential Information.

  4. The Site & Services. You may access and view the Site and utilize the Services in compliance with these Terms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means:

    1. use the Site or Services or any associated documentation for any purpose or in any matter not specifically authorized by these Terms of Service.
    2. create or recreate the source code for software incorporated into the Site and Services, or re-engineer, reverse engineer, decompile or disassemble any part of the Site or the Services.
    3. modify, adapt, translate or create derivative works based upon the Site or Services or any associated documentation, or combine or merge any part of the Site or Services or any associated documentation with or into any other software or documentation.
    4. introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
    5. damage, disable, overburden, impair, or gain unauthorized access to the our Site or Services, including our servers, computer network, or user accounts.

    The Services covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, print-outs and stills.

  5. Ownership. You agree that we own and retain all rights to the Site and the Services. You further agree that the Site and the Services are protected by copyright, trademark, and other intellectual property laws.

  6. Suspension/Discontinuation. We hope not to, but we may, change, suspend, or discontinue — temporarily or permanently — some or all of the Services (including the Site and the devices through which the Services are accessed), at any time without notice. You acknowledge that we may do so in our sole discretion. You also agree that ListingCity will not be liable to you for any modification, suspension, or discontinuance of the Services; although given you are a subscriber and in the event we suspend or discontinue the Service for which you have already pre-paid, we will, in our sole discretion, provide you with a credit, refund, discount, or other form of consideration (for example, we may credit additional days of service to your account). However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount, or other consideration.

  7. Subscription. In order to make the Site and Services available to you we require the payment of a subscription fee, which can be paid on a recurring basis (e.g. monthly or annual). The details of our pricing and payment plan options are outlined in the Service Agreement which must be completed in order to subscribe to the Site and Services.

  8. Billing. By signing up for your subscription, you are expressly agreeing that we are authorized to charge you a recurring subscription fee as well as any applicable taxes in connection with your use of the Site and Services to the credit card or other payment method that you provided during registration.

    All subscriptions will automatically renew to preserve continuity of the services. Memberships, including those that were discounted, will auto-renew at the regular price in effect on the date the user subscribed, unless ListingCity notifies the user of a price change. If the user has not cancelled their membership or turned off the auto-renew function within the specified time after receiving notice of a price change, the user’s membership subscription will auto-renew at the price indicated in the notice.

  9. Ongoing Subscription and Cancellation.Your subscription will continue in effect on a month-to-month, year-to-year, or other recurring basis, as the case may be, unless and until you cancel your subscription as outlined in the Service Agreement or the account or service is otherwise suspended or discontinued as outlined herein.

  10. Unpaid Amounts. In order to maintain uninterrupted access to the Services, it is important that each user of the Services honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with the Services. You will remain liable to us for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

V. CONTENT YOU PROVIDE

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Site, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Site. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to ListingCity.

VI. REGISTRATION AND TERMINATION

In order to subscribe to our Services, we require that you register and create and account with us. All registration information you submit must be accurate and updated. Please keep your password confidential. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us by phone or e-mail as soon as you know of, or suspect, any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

We reserve the right to immediately terminate or restrict your account or your use of the Services or access to content at any time, without notice or liability, if we determine in our sole discretion that you have breached these Terms of Service, the Service Agreement, violated any law, rule, or regulation, or engaged in other inappropriate conduct, or for any other business reason.

VII. LINKED DESTINATIONS AND ADVERTISING

  1. Third-Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that we operate, control, or is otherwise are connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left our Services and reached another website or destination. Please be careful to read the Terms of Service and Privacy Policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

    We are not responsible for the content or practices of any website or destination other than our Site and our Services, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with us. By using the Services, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website or destination other than our Site.

    ListingCity implements Google Maps from Google, your use of Google Maps is subject to the Google Maps/Google Earth Additional Terms of Service at https://www.google.com/intl/en-US_US/help/terms_maps/, including the Google Privacy Policy at https://policies.google.com/privacy.

  2. Advertisements. We take and have no responsibility for advertisements or any third-party material posted on our Site, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using our Services are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser.

VIII. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS

  1. Trademarks. ListingCity, the ListingCity logo, listingcity.com, and other ListingCity marks, graphics, logos, scripts, and sounds are trademarks of ListingCity. None of the ListingCity trademarks may be copied, downloaded, or otherwise exploited.

  2. Intellectual Property Rights. Provider retains all right, title, and interest in and to the Services and the Site, including without limitation all software used to provide the Services and the Site and all graphics, user interfaces, logos, and trademarks reproduced through the Services and the Site. This Agreement does not grant Customer any intellectual property license or rights in or to the Services, the Site, or any components thereto. Customer recognizes that the Services, the Site, and the components thereto are protected by copyright and other laws. In addition, all materials, documentation, computer programs, inventions (whether or not patentable), pictures, audio, video, artistic works, and all works of authorship, including all worldwide rights therein under patent, copyright, trade secret, or other property right, created or developed by Provider while providing services (collectively, Work Product) pursuant to this Agreement are owned by Provider.

  3. Trade Secrets. Each and every part of the Services and the Site, including the content, substance, and nature of the Services and Site, Customer's subscription to the Services and use of the Services and the Site and the terms of this Agreement and the Terms of Service, and all information and materials provided by the Services and the Site that is not disclosed or published outside of the Services and Site, constitutes a trade secret of Provider (the "Trade Secrets"). Customer is hereby notified that Provider's Trade Secrets constitute Confidential Information and shall be fully subject to the provisions of this Article 7.

IX. DISCLAIMER OF WARRANTIES

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE SITE, THE CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS” AND AS AVAILABLE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LISTINGCITY DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

X. LIMITATION OF LIABILITY

IN NO EVENT WILL LISTINGCITY OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LISTINGCITY PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SERVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE LISTINGCITY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS).

XI. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE LISTINGCITY PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT AND/OR REVEALING LISTINGCITY AS YOUR SOURCE OF INFORMATION AND/OR PROVIDING DOCUMENTATION INCLUDING INDICIA OF LISTINGCITY IN ANY PROCEEDINGS, LEGAL OR OTHERWISE).

XII. GENERAL INFORMATION

  1. Choice of Law. These Terms of Service shall be interpreted in its entirety in accordance with the substantive laws of the state of Nevada. In the event any provision of this Agreement is found unenforceable under applicable law, the remaining provisions of this Agreement shall nonetheless be enforced to the maximum extent permitted by law consistent with the fundamental intent of the parties.

  2. Relationship of Parties. The relationship between the parties will be that of independent contractors and nothing in this Agreement is intended to nor will establish any relationship of partnership, joint venture, employment, franchise, agency or other form of legal association between the parties. Neither party will have, nor represent to any third party that it does have, any power or authority to bind the other party or incur any obligations on the other party's behalf.

  3. No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know by phone or e-mail as quickly as possible. Precisely how we respond to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely on our precise response with respect to one party or one situation as any indication of what we might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Service, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Service with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, our decision to delay exercising or enforcing any right or remedy under these Terms of Service shall not constitute a waiver of such right or remedy. Even if we act in a way that appears to you to be inconsistent with these Terms of Service, our action shall not be deemed a waiver or constructive amendment of these Terms.

  4. Integration, Amendment, Entire Agreement and Severability. Please note that these Terms of Service, including our Privacy Policy as outlined in these Terms and any service agreement that might accompany our authorized applications, features, and devices, constitute the entire legal agreement between you and us, and governs your use of the Services (including your use of the Site) (but excluding any services, if any, that we may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and us in relation to the Services. These Terms may not be amended or varied except in a writing signed by us. These Terms of Service operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

The above Terms of Services are a legally binding contract. By registering and subscribing to our Services you agree to be bound by and adhere to said Terms.

You may contact us at the following e-mail address and phone number:
support@crm.listingcity.com
+1-775-301-1052

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