Terms & Conditions
Last updated: February 19, 2019
PLEASE READ. YOUR USE OF THIS WEBSITE IS SUBJECT TO THESE POLICIES AND TERMS OF SERVICE
FOR USE ONLY IN THE UNITED STATES OF AMERICA
This website is intended for use only in the United States of America (USA) by lawful residents or citizens of the USA. All other use is prohibited.
By creating an account on our service or otherwise accessing, contributing or activating content on the ListReports service, you agree to subscribe to newsletters, marketing, promotional or sponsored materials and other information we may send which may take a variety of forms and methods inclusive of, but not limited to, electronic communications such as email and SMS/text messaging. Receipt of such sponsored material may create additional fees and charges with your mobile or data provider. You are responsible for all such costs. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email or text message we may send.
ACCEPTANCE OF TERMS AND CHANGES
a. Description of the Services
ListReports offers a variety of Services for real estate marketing, agent/loan officer relationship management, lead generation tools, and related services. The Services will be made available online via www.ListReports.com and/or other web pages designated by ListReports, including associated offline components, and excluding websites or applications not owned or controlled by ListReports (“Third Party Websites”). The Services may be modified at any time the sole discretion of ListReports with or without prior notification to Customer, provided, however, that ListReports will provide written notice to Customer if any modification would result in the removal of any material functionality of the Services. Customer may use the Services for personal and business use or for internal business purposes in the organization that Customer represents. Any plugins, agents, administrative code or other software obtained by Customer in connection with the Services and controlled by ListReports (collectively, “Software”) is deemed to be a part of the Services and is subject to all of the terms of this Agreement, including without limitations the disclaimers, limitations and restrictions herein relating to the Services. ListReports retains all right, title and interest in and to the Services and Software, including without limitation all software used to provide the Services (excluding open source software) and all logos, trademarks, patents and copyrights reproduced and used through the Services. This Agreement does not grant Customer any intellectual property rights in or to the Services, the Software or any of their respective components.
b. License to Use Services
During the Term (defined below), and subject to compliance with the terms of this Agreement, ListReports grants Customer a limited, nonexclusive, non-sub-licensable, non-transferable license to use the Services and Software (the “License”).
If you wish to purchase any product or service made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We reserve the right to charge late payment penalties, suspend, accelerate payments or terminate your access and licenses for the Services in the event of non-payment or late payment.
LATE PAYMENT PENALTIES, SUSPENSION OF SERVICE, AND ACCELERATION
ListReports reserve the right to collect a late payment penalty of 1.5% of the outstanding balance per month for any Services contract, or the maximum rate permitted by law, whichever is lower. Late penalties accrue until the total balance including any late fees is paid in full. A contract payment becomes late on the calendar day after full payment is due.
If any amount owing by Customer under this or any other agreement for any Services is 30 or more days overdue (or 10 or more days overdue in the case of amounts Customer has authorized ListReports to charge to Customer’s credit card), ListReports may, without limiting other rights and remedies, accelerate Customer’s payment obligations under such agreements so that all unpaid amounts become immediately due and payable, and suspend all Services to Customer until such amounts are paid in full. Such acceleration may include, but is not limited to, converting Customer to annual payment terms or increasing minimum user requirements, where applicable. In the event that payment is five or more days overdue, ListReports may terminate access and proceed to collect the total balance on the account up until the date of termination.
Unless otherwise stated, ListReports’ fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with purchases hereunder. If ListReports has the legal obligation to pay or collect Taxes for which Customer is responsible under this paragraph, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides ListReports with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, ListReports is solely responsible for taxes assessable against it based on ListReports’ income, property and employees.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our products and service offerings. We may experience delays in updating information regarding our Services and in our advertising on other web sites. The information provided regarding these Services may contain errors or inaccuracies and may not be complete or current. For instance, Services may be priced inaccurately, described inaccurately, or unavailable. While we make every attempt to provide accurate descriptions of our Services, we cannot guarantee the accuracy or completeness of any information found on the Website.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Website.
By using our Services, you agree that any information provided or submitted through the platform can be used and reproduced by ListReports, including data and information regarding real estate listings and property offered for sale by You, Your customers and others.
Further, you agree that you will not use the Services to “spam” buyers by sending unwanted or unneeded emails and will not “cross-qualify” customers by asking multiple lenders to prequalify prospective buyers. You also agree to honor existing buyers representation by not soliciting them or interfering with exclusive relationships between them and other real estate agents; You will only submit accurate and correct property information, taking care to be precise with home features and market value; You are authorized to represent the Seller of any subject properties listed by You or that You are the Seller of any such property; You will adhere to industry standards of practice and be truthful and not disclose or utilize confidential information for your own gain; and, You will be courteous to and respectful of other parties involved in transactions listed through this Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post, contribute, or otherwise activate through the Service, including its legality, reliability, and appropriateness.
By posting, contributing, or otherwise activating Content on the ListReports domain, platform, or other digital properties owned, or in partnership with ListReports, on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) that you have been provided affirmative or express consent and approval through the activation and acceptance of any content published to make assets publically available. We reserve the right to terminate the account of anyone found to be infringing on a lawful copyright.
ListReports claims no ownership in any Content you submit, post or display on or through the Service and you alone are responsible for protecting your rights. ListReports hereby disclaims any responsibility and will assume no liability for Content you or any third party posts on or through the Service. This includes, but is not limited to, any professional or company marks, logos, images, or colors used by the customer. The provision of any such property or collateral shall be considered an affirmative representation by you that you have express permission to use any such property or collateral. By posting Content using the Service, you grant us an unrestricted right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website and Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Further, through the provision of any such property or collateral, you hereby grant ListReports the right, but not the obligation, to monitor and edit all Content provided by users.
In the event your subscription terminates for any reason, you agree that ListReports may take steps to maintain existing relationships with agents, lenders and other parties arising out of your prior use of the Website or Services and agree that ListReports may facilitate the creation of new relationships between those parties and other subscribers.
In the event your subscription terminates for any reason, and you are affiliated with a Lender or you are a loan originator, you agree that ListReports may contact real estate agents with whom you may have been associated with through this platform and may assist in connecting those agents with an alternate lender or originator.
In order to ensure efficiency in regulatory compliance management, you hereby authorize ListReports to communicate directly with your company’s compliance department and to share information concerning your use of the platform and account, upon reasonable request (if applicable.)
Any and all Content on the Website or Service created by ListReports shall remain the sole property of ListReports. You agree that you shall not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without prior express written permission from ListReports.
DATA SECURITY AND PROTECTION
While ListReports takes reasonable and appropriate precautions to protect its customers and to prevent possible security breaches in our Website and Services, no website, internet transmission, computer system or wireless connection is completely secure. Consequently, ListReports cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur.
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK.
ListReports does not make any express or implied warranties, representations or endorsements with respect to links, files or other information provided on, downloaded from or accessed through this website. This website may also provide links or data connections to third-party websites or web applications. ListReports does not control the content of third-party sites and cannot be held responsible or liable for the content or accuracy of any external websites.
You acknowledge and agree that ListReports shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such data, content, goods or services available on or through any such third-party web sites or services. All third-party data is provided “as is”. You should review all data provided prior to using or distributing to other parties, inclusive of but not limited to clients, agents, or in any other public or private domain. We are not responsible for the accuracy of the data and cannot guarantee its accuracy.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
USE OF SERVICES/CREATION OF ACCOUNTS
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Posting inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
Our Services feature a variety of technologies for the automated transfer of information to others. When using these technologies, such as ListReports AutoPilot, your identification and licensing information will automatically be sent to agents on your behalf. State laws require this information to be accurately displayed as part of all marketing and advertising. Therefore, it is vital that you review and confirm the accuracy of your profile. By using any of the Services, you certify that you have reviewed your profile and that it is accurate and up to date.
YOU HEREBY ACCEPT SOLE RESPONSIBILITY FOR THE ACCURACY OF YOUR PROFILE INFORMATION AND ACKNOWLEDGE THAT LISTREPORTS WILL RELY ON THIS INFORMATION TO GENERATE MARKETING COLLATERAL ON YOUR BEHALF. YOU FURTHER AGREE THAT LISTREPORTS SHALL BEAR NO LIABILITY FOR ANY COMPLIANCE ISSUES RESULTING FROM THE INFORMATION YOU PROVIDE.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or otherwise not lawfully available for use, including any name or trademark that is subject to any rights of another person or entity other than what you have been expressly authorized to use. You may not use as a username any name that is offensive, vulgar or obscene as determined in the sole and absolute discretion of ListReports.
WE RESERVE THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, REMOVE OR EDIT CONTENT, OR CANCEL ORDERS IN OUR SOLE AND ABSOLUTE DISCRETION.
ListReports reserves the right to deliver advertising and other commercial or sponsored content that is valuable to our users and partners on any and all digital assets and platforms owned, operated or managed by, or in partnership with, ListReports, at our sole and absolute discretion.
Your activation of any content within the ListReports platform shall in no way deemed as a direct or implied endorsement of the advertiser or commercial sponsor, nor shall said activation be deemed in any way an endorsement of business or partnership with the represented advertiser.
Any and all information provided by other parties related to ListReports’ digital assets and digital properties shall be considered the exclusive property of ListReports. This reservation of rights includes, but is not limited to, contact information provided by consumers on web inquiry forms. ListReports reserves the right to determine the use of any such information, and may, at its sole and absolute discretion, allow certain users or business partners to have access to any such information as we may choose, including information regarding consumer behavior and the provision of information through ListReports’ digital assets and properties.
The Website and Service, and its content (excluding Content provided by users), features and functionality are and shall remain the exclusive property of ListReports and its licensors. The Website and Service are protected by copyright, trademark, and other laws of the United States of America, the various states, and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ListReports.
You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited. By using the Services, you do not acquire any proprietary rights, including intellectual property rights, in or to the Services. You acknowledge that the Services are valuable commercial products, the development of which has involved the expenditure of substantial time and money.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. ListReports reserves the right to disable any such links or content in its sole and absolute discretion.
TERM AND TERMINATION
a. Term of Agreement
This Agreement commences on the date Customer and/or Customer’s Users accepts it by using the Services and continues until all use of the Services granted in accordance with this Agreement has expired or the License has been terminated (the “Term”).
b. Term of Purchased Services
The term of Services purchased by Customer begins on the date payment is made to ListReports by Customer (or the "Services Start Date" specified in a contract between ListReports and Customer) and will continue for the term specified upon payment. Unless otherwise stated in a contract, the term for all purchased services shall be based on payment frequency and shall automatically renew, unless either party gives the other party notice of nonrenewal at least 48 hours before the end of the then-applicable subscription term. Notices of nonrenewal received between the time of auto-renewal and 48 hours before this time will be enacted one month later, and the Customer is responsible for payment on the additional month of service. The pricing during any such renewal term shall be the same as that during the prior term unless ListReports has given Customer written notice of a pricing increase at least 30 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter.
c. Termination of Agreement
Unless terminated, we reserve the right to auto-renew any subscriptions you may have at the then-prevailing prices in effect at the time of renewal.
To terminate the imposition of additional fees and costs, you must inform us of your desire to terminate. You are responsible for the payment of any applicable full monthly fees for any partial month. In the event you are subject to a time commitment for use of the Services, your payment obligations will run concurrently with any such agreement and will not terminate pursuant to the language of this section.
You agree to defend, indemnify and hold harmless ListReports and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, c) Content posted on the Service, or d) your use of any and all assets posted to Third Party Websites that carry their own rules, regulations, and policies around content that is placed on their domain. For avoidance of doubt, this includes the use of infographics and other images created within our service, and their placement on Multiple Listing Services. These organizations carry their own policies, and use of ListReports assets is at your own risk.
LIMITATION OF LIABILITY
By using this Website or any Service managed by ListReports, you agree that ListReports shall not be liable or responsible, directly or indirectly, for any damage or loss alleged to be caused by or in connection with the use of this Website, its data connections, links, applications, downloadable files or other information or functions contained herein or found on any website that may be accessed or connected to by way of this website.
We encourage you to review ListReports’ websites and these disclaimers periodically for any updates or changes.
Your continued access or use of ListReports’ website shall be deemed your acceptance of these disclaimers and any subsequent changes.
In no event shall ListReports, nor its directors, employees, partners, advertisers, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER OF WARRANTY
USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. LISTREPORTS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, LISTREPORTS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
IN NO EVENT WILL LISTREPORTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF LISTREPORTS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
USE OF WEBSITE CONTENT
This website and any of its content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without ListReports’ prior written consent, except that ListReports grants you a non-exclusive, non-transferable, limited license to access and display the pages within this website solely on your computer and for your personal, non-commercial use. This permission is conditioned on your not modifying the content displayed on this website, your adherence to and positing of all copyright, trademark, and other proprietary notices. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any website content and hereby disclaim any such right. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this website may be subject to their own license terms or restrictions, which may govern their use.
You may not use this website’s content, domain names, or any email addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any such content in or as any meta-tag or hidden text; in or as part of any contextual marketing directory, index, or triggering term; as content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as this website or controls the content of any other Internet browser window. Your failure to comply with the terms, conditions, and notices on this website will result in automatic termination of any rights granted to you without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission previously defined, ListReports does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this website on another Website or in any other media.
ListReports will: (i) provide commercially acceptable levels of support for the Services, (ii) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) scheduled maintenance and downtime (typically scheduled for Saturday at 8:00pm PT; if other scheduled downtime is required, ListReports will give at least 24 hours’ notice via the Services and/or email, and will use commercially reasonable efforts to schedule during nonbusiness hours in the United States), or (b) any unavailability caused by circumstances beyond ListReports’ reasonable control, including without limitations, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures or delays, or denial of service attacks, and (iii) provide the Services in accordance with applicable laws and government regulations.
This website is published for distribution through the World Wide Web. ListReports’ products and services are not available in all geographic areas.
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any mediation, arbitration or litigation that may arise from this Agreement shall be conducted in Orange County, California.
Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.
CONTACT US WITH QUESTIONS
ListReports is dedicated to providing you with a great on-line experience. Please feel free to contact us with any questions or concerns. Questions or comments should be directed to:
391 S. Glassell St
Orange, CA 92866