Updated June 3, 2024
Objectives/Content
Listings Project LLC (referred to hereinafter as “we”, “us”, “our” or “Listings Project”) operates the website located at www.listingsproject.com (together with any related software app or application, the “Site”), which contains content that is provided as a service to Users of the Site or our Service (each a “User”) who agree to abide by the following legal terms. We provide an online venue that enables Users to (i) view the Site and (ii) view, post and respond to listings for real estate, working opportunities, items for sale, services offered and such other services as we may provide from time to time (in each case of subclause (i) and (ii), the “Service”). Your right to use the Site and the Service is governed by these Terms of Use (the “Terms of Use” or these “Terms”). Please read these Terms carefully before you access the Site or use the Service. By accessing the Site or using the Service in any way in addition to any explicit acceptance of the Terms of Use, you are agreeing to comply with these Terms of Use. We reserve the right to change the Terms of Use at any time and for any reason. Updated versions of the Terms of Use will distributed through the Service and posted at www.listingsproject.com, and you should visit these Terms of Use periodically to keep apprised of any changes. By continuing to use the Service after any such change, in addition to any explicit acceptance of the Terms of Use, you accept and agree to the modified Terms of Use. We reserve the right to modify or discontinue, temporarily or permanently, the Service, any features, benefits (including without limitation blocking or terminating your access to the Service), rules or conditions, all without notice, even though such changes may affect the way you use the Service. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service.
BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION ENTITLED “Dispute Resolution (Arbitration Agreement)” (THE “ARBITRATION AGREEMENT”), (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN THE ARBITRATION AGREEMENT, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND LISTINGS PROJECT LLC WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.
You will be deemed to have “posted,” as such term is used in these Terms of Use, at the moment you have submitted or any person authorized by you has submitted any postings, ads, messages, advertisements, photographs, images, illustrations, images, designs sounds, audio clips, text, files, video clips, “look and feel”, metadata, data or compilations, or other materials (each and collectively “Content”) to be included in, available through or published by, the Service.
By using our Site and our services or registering on our Site on behalf of a business or otherwise accepting our Terms of Use through any “clickwrap”, you represent and warrant that (a) all information you submit to our Website is information that you are authorized to submit and truthful, complete and accurate; (b) you will maintain the accuracy, truthfulness and completeness of such information; (c) you are 18 years of age or older; (d) you reside in the United States; and (e) your use of our Websites and our services or products does not violate any applicable law or regulation.
You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, our Cookie Policy, our Refund Policy, and our Community Agreements and you consent to all actions we take with respect to your information in accordance with our Privacy Policy, Cookie Policy, Refund Policy and Community Agreements. The Community Agreements, together with the Terms of Use govern the use of our Site and our Service, and the Community Agreements are incorporated by reference into and are an integral part of the Terms of Use. By consenting the Terms of Use, you are consenting and agreeing to the Community Agreements.
Whenever you provide us information on our Website, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may take any lawful action we deem necessary to protect our legal interests.
Registration and Security
As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address or by linking another account, such as your Apple, Facebook or Google accounts. You also may be requested to provide certain registration information, which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Service if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Listings Project. You may not: (1) select or use the login credentials of another person with the intent to impersonate that person; (2) use login credentials in which another person has rights without such person's authorization; or (3) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with these requirements will constitute a breach of these Terms of Use, which may result in immediate suspense or termination of your account. You must provide us with accurate, complete, and updated registration information about yourself.
You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
Please notify us by writing to listings@listingsproject.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You must be 13 years or older to use any part of the Service in the USA and the UK, and 16 years or older anywhere else. If you are less than 18 years of age and would like to use, subscribe or register to any part of the Service, please ask your parent or legal guardian to review and agree to these Terms of Use before you use any part of the Service or ask them to complete the purchase and/or registration on your behalf.
You are responsible for all usage or activity on your account with Listings Project, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.
We cannot and do not guarantee that any of the Service will be free from viruses or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Service.
If there is a dispute between participants on this site, or between users and any third party, you agree that Listings Project is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Listings Project, its subsidiaries, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service.
Scraping and Republishing Prohibited
You are not permitted to use this website other than for the following personal, non-commercial purposes: (i) viewing this website; and (ii) viewing, posting and responding to listings for real estate, working opportunities, items for sale, services offered and such other services as we may provide from time to time (each and collectively, the “Service” and use of the Site for such purposes, the “Permitted Purposes”). Without our prior express approval, you are expressly prohibited from: (a) republishing any posting, listing or other Content from the Site or from us (including on any other website, social media platform messaging app or app or other medium including SMS, text, email or otherwise); (b) distribute or otherwise publish any material containing any solicitation of funds, advertising, donations, or solicitation for, or offer of, goods or services; (c) selling, renting or sub-licensing any posting, listing or other Content from the Site or delivered by us; (d) collecting, storing, reproducing, duplicating or copying any posting, listing or other material from the Site or delivered by us; (e) redistributing any posting, listing or other Content from the Site or delivered by us; (f) creating derivative works from any Content relating to any part of the Site or other Content delivered by us; (g) training any AI or artificial intelligence model; or (h) use all or any part of the Service, or Content from or relating to the Service or Site, to collect, store, or use any user information for any purpose not expressly permitted by these Terms of Use. You understand and agree that listings, commentary, and associated photographs and other Content on the Site or delivered by us are subject to copyright, and that copying these without the consent of Listings Project and its licensors would constitute copyright infringement.
You may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, for any reason, whether manually or by automation, extract data from the Site for commercial or non-commercial purposes, including, without limitation, harvesting, crawling, indexing, scraping, spidering, mining, gathering, extracting, compiling, obtaining, aggregating, capturing, or storing any listing or other Content on or through the Site (collectively, “screen scraping”).
Screen scraping relating to the Site or any Content on our Site or delivered by us is strictly prohibited by Listings Project, and represents a material breach of these Terms of Use. You acknowledge that you are aware that the Site is a website and/or app requiring User registration and authentication (non-public) that any screen scraping represents “unauthorized access” under applicable laws and that persistent unauthorized access will cause harm to Listings Project, including monetary damages not easily quantifiable (as well as non-monetary damages) which would constitute irreparable harm to the business of Listings Project. As such, you acknowledge and agree that screen scraping will constitute immediate and irreparable damage to Listings Project, which cannot be fully and adequately compensated in money damages and which will warrant preliminary and other injunctive relief, including specific performance, without the requirement of any bond or other security in obtaining such equitable relief. You further understand that other legal action may be taken and remedies enforced against you.
Our User registration and authentication, as well as your express acceptance of these Terms of Use via “clickwrap” has been required prior to granting you access to the Site and, as such, represent affirmative steps by Listings Project to forbid, prohibit, or prevent you from screen scraping. As such, you acknowledge and agree that Listings Project will have standing to sue for breach of contract, a violation of the Computer Fraud and Abuse Act, (3) a trespass to chattel, and (4) copyright infringement in the event of any breach of the foregoing prohibition on screen scraping.
Marketing Emails
By providing us with an email address, you are agreeing to receive marketing communications from us through that email address. For more information, please see Section 3 (Use of Your Email Address) of our Privacy Policy.
User Conduct
Always be respectful and polite when you communicate or interact with others on the Service.
Without limitation, while using the Service, you must not:
Harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate or act on behalf of (with or without their consent), any other person or entity or otherwise restrict or inhibit any other person from using or enjoying the Service;
Transmit any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
Post advertising or solicitation in categories that is not appropriate, or post the same item or service in more than one category or more than once every 7 days, or post the same ad in multiple cities on the Service;
Use the Service for the purpose of booking or soliciting rental of a property other than the property listed on the Site;
Post adult content or explicit adult material;
Post, anywhere on the Service, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in our sole discretion;
Post any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money, services or other valuable consideration;
Post any material on the Service that exploits minors in any way;
Post any material on the Service that in any way constitutes or assists in human trafficking;
Post any ad, listings or statement that is not true and accurate in all material respects or that is false or materially misleading;
Post any ad for products or services, use or sale of which is prohibited by any law or regulation;
Send mail, e-mail, voice mail, direct electronic message, phone call, text message, fax message or otherwise to solicit the license or sale of any product or service to a User of the Service unless the User has granted permission in their ad or otherwise allowed contact for solicitation;
Solicit, induce, recruit or encourage any other User of the Site for a product or service that is competitive with the business of Listings Project. Use of any information obtained on the Site or through the Service to send mail, e-mail, voice mail, direct electronic message, phone call, text message, fax message or otherwise communicate with other Users for purposes of prohibited solicitation is a material breach of these Terms;
Access any part of the Service, Content, data or information you do not have permission or authorization to access or for which Listings Project has revoked your access;
Use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Service, or otherwise use, access, or collect the Content, data or information from the Service using automated means;
Use the Content for the development of any software program, model, algorithm, or generative AI tool, including, but not limited to, training or using the Content in connection with the development or operation of a machine learning or artificial intelligence (“AI”) system (including any use of the Content for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation);
Use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Service in any way, including overriding any security feature, bypassing or circumventing any access controls or use limits of the Service, or failing to abide by exclusionary protocols such as the Robots Exclusion Protocol or the Automated Content Access protocol (Listings Project’s robots.txt notice does not constitute Listing Project’s prior written consent under these Terms of Use);
Cache or archive the Content (except for a public search engine’s use of spiders for creating search indices solely for the inclusion of links and short, non-AI synthesized snippets of the Content in search results);
Deep-link to any portion of the Site without our express written permission;
Reverse engineer any part of the Site;
Take action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Do anything that could disable, damage or change the functioning or appearance of the Service, including the presentation of advertising;
Perform text and data mining activities under Art. 4 of the EU Directive on Copyright in the Digital Single Market;
Interfere with or infringe the patents, copyrights, trademarks, service marks, logos, confidential information, intellectual property rights of others, or any other third party rights;
Send messages or engage in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
Discriminate on the basis of race, color, ethnicity/ethnic heritage, nationality, religion, sexual orientation, gender identity, gender expression, handicap (disability), age, size, social class, alienage and/or citizenship status, familial status (including having children under the age of 18 living with parents or legal custodians, being pregnant, and one in the process of securing custody of children under the age of 18), marital status, criminal history, partnership status, lawful source of income, economic status, status as a victim of domestic violence, lawful occupation and/or military status or refer to such matters in any manner prohibited by law;
Post any employment ads violating the anti-discrimination provisions of the Immigration and Nationality Act or messages which violate any law or regulation;
Use the Site and its functionality other than for the Permitted Purposes; or
Use the Site or to post or transmit information or otherwise communicate with other Users in a manner that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability.
Engaging in a prohibited use of the Service may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the User and those assisting the User.
Prohibited Listings
The following listings are not accepted on the Site:
Listings that include broker fees or similar fees
Listings that are posted by, shown by, or involve New York licensed (or unlicensed) real estate brokers or salespersons or their agents (applies to New York City-based listings only)
Listings that are posted by New York City property managers or developers (applies to New York City-based listings only)
Listings posted by a third-party
With respect to any submission or posting in New York City, you are representing and warranting to us that you are not a licensed or unlicensed real estate broker, salesperson or agent or acting directly or indirectly on behalf of any such person.
No Spam; Limitations on Communications
You agree that, with respect to other Users’ personal information that you obtain directly or indirectly from or through the Service, we have granted to you a license to use such information only for: (i) Service-related communications that are not unsolicited commercial messages, (ii) using services offered through the Service, and (iii) inquiring about or otherwise facilitating a transaction between you and the other User for a Permitted Purpose. Any other purpose will require express permission from the User and Listings Project. You may not use any such information for any unlawful purpose or with any unlawful intent. In all cases, you must give Users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances may you use or disclose personal information (whether or not for a commercial purpose) about another User to any third party nor infringe upon the data privacy rights of any User or any other person, without the consent of the other User or such person. You agree that other Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information. We do not tolerate spam or unsolicited commercial electronic communications. Therefore, without limiting the foregoing, you are not to add a User to your mailing list (email or physical mail) without the User’s express consent.
Use of Materials
Any ad, text, image, likeness, audio, video or message that you post, transmit, or otherwise make available for viewing or listening through the Service will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by us or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium (whether currently existing or in the future), including our print media, if any. You grant us (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, revision and advertising in any media in perpetuity without notice or compensation to you. The foregoing provisions in this paragraph are subject to our Privacy Policy.
Fair Housing
All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, as well as to the relevant state or local laws pertaining to discrimination in real estate. Protections may include, but are not limited discrimination, whether direct or indirect, and regardless of intent, in the sale, rental, advertising, financing, provision of terms and services and/or other housing-related transactions, on the basis of one’s race, color, ethnicity/ethnic heritage, nationality, religion, sexual orientation, gender identity, gender expression, handicap (disability), age, size, social class, alienage and/or citizenship status, familial status (including having children under the age of 18 living with parents or legal custodians, being pregnant, and one in the process of securing custody of children under the age of 18), marital status, criminal history, partnership status, lawful source of income, economic status, status as a victim of domestic violence, lawful occupation, military status and/or any other protected class under applicable state or local law (in each case, a “Protected Class or Status”). We will not knowingly accept any real estate advertising which is in violation of any applicable law. Users are hereby informed that all dwellings advertised on the Service are available on an equal opportunity basis. To complain of discrimination call HUD toll-free at 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275.
For more information visit: https://www.hud.gov/fairhousing
You acknowledge and agree that you will not submit or post any ad which discriminates on the basis of or relating to a Protected Class or Status. If you see any ad or posting which discriminates based on any of the above factors, you are encouraged, in addition to contacting HUD, State and or local enforcement agencies to report such ad or posting by sending an e-mail to listings@listingsproject.com. You understand that we will have the right, but not the obligation, to remove, edit, or delete any ad.
Termination and Suspension of Access
We have the right to terminate or suspend your account or otherwise prevent you from using the Service at our sole and absolute discretion, with or without cause, at any time and without notice, and without any liability to you for doing so. We further reserve the right to block access to the Service to anyone for any reason at any time. Any User who violates these Terms of Use may be permanently banned from posting ads, accessing the Site and/or using the Service.
If we terminate your account, you must immediately stop using the Service and you agree not to directly or indirectly, attempt to regain access to the Service, post any listing or submit any listing for posting, contact any User, re-post any Content on the Site or provided by us to you, in each case, without our express permission. Such termination will result in the suspension or deletion of your account and access to your account.
In addition, we may terminate your account (i) if we become aware of or have received one or more complaints about your use of the Service, (ii) if we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Listings Projects, its Users, or third parties, or (iii) to prevent fraud or other illegal activity.
If a complaint is brought against you, we have the right, but not the obligation, to provide you notice of such complaint, and we may further provide you with an opportunity to respond within 24 hours if you believe in good faith that such complaint has been wrongly brought against you. Complaints and responses should be sent to: listings@listingsproject.com. Please note that Listings Project is under no obligation to investigate or mediate any complaints or responses.
No Third Party Beneficiaries
You agree that, except as explicitly provided in these Terms of Use, there will be no third party beneficiaries to these Terms of Use.
Copyright and Trademarks:
All materials on the Service, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by, controlled by, or licensed to, us and/or the party appropriately credited as the provider of Content on the Service. Listings Project LLC also owns copyright in the selection, coordination, compilation and enhancement of such Content (the “Arrangement”). You agree to abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Service. Content from the Service and from any website owned, operated, controlled, or licensed by us may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way that violates the rights of others. The Listings Project trade name is owned by Listings Project LLC. You are expressly prohibited from use of Content without prior written consent from Listings Project LLC in connection with: (1) the development of any software program, model, algorithm, or other generative AI tool, including, but not limited to, training or using the Content in connection with the development or operation of a machine learning or artificial intelligence (“AI”) system (including any use of the Content for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation); or (2) providing archived or cached data sets containing Content to another person or entity. We generally do not permit the use of our trade name without our prior written authorization. If you want permission to use our trade name and/or logo in any manner, including, without limitation, on any website etc., you may contact us at listings@listingsproject.com.
In posting Content on the Service, you grant us and our affiliates and licensees, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license (including a similar right of sublicense), and the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive, and create derivative works from the posted Content in connection with our business.
Notification of Infringement
(A) The Digital Millennium Copyright Act (“DMCA”) provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service;
Your name, address, telephone number, and e-mail address;
A signed statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that we have designated the following agent for such copyright complaints or requests under the DMCA: Stephanie Diamond. Notices can be sent directly to this agent at:
Listings Project LLC
5 Union Square West
Front1 #1088
New York, NY 10003
Email: listings@listingsproject.com
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.
(B) If you send us a request to take down Content that infringes upon any other of your intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your notice should include:
The intellectual property you own that is being infringed;
A description of the Content you believe infringes upon your intellectual property;
The website URL that contains or is associated with the infringing Content; and
A short explanation of how the Content infringes your rights.
(C) We may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of Users who may be repeat infringers.
Posting of Ads
You understand that each time you post an ad on the Service or otherwise use the Service, you agree to these Terms of Use. By agreeing to these Terms of Use, you acknowledge that we may send you e-mail messages telling you about offers listed on the Service, or related services provided by our affiliates and partners. You understand and agree that such communications are part and parcel of your registration for and use of the Service; if you do not wish to receive further communications from us (or our affiliates and partners), you may cancel your registration by sending a cancellation notice to listings@listingsproject.com by unsubscribing from our mailing list at any time using the link in any of our mailings.
Fees and Taxes:
We may impose a fee on the posting of Content to the Service. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms of Use. Under no circumstances will we be required to provide a refund in the event that Content is removed from fee-based areas for violation of these Terms of Use. Users renting, selling or licensing any good or service on the Service are solely and exclusively responsible for reporting, collecting, remitting and paying any applicable VAT or other tax, including, without limitation taxes on occupancy, tourism, income or otherwise. We will only be responsible for reporting and paying taxes on our income from the Service.
Links
We have no control over and are not responsible for the Content of or claims made on websites that may be linked to or from the Service, whether or not they may be affiliated with us. Any websites linked to or from the Service are for your convenience only, and you access them at your own risk.
Disclaimers and Releases
We assume no responsibility for the accuracy, currency, completeness, or usefulness of information, views, opinions, or advice in any material contained on the Service. In addition, we do not endorse any opinions or recommendations posted by others. Any information posted on the Service is the responsibility of the person or persons originating the message. You understand that all Content posted on, transmitted through, or linked from the Service, are solely the responsibility of the person from whom such Content originated. You understand that we do not control, and are not responsible for Content available on the Service. We do not own, control, offer or manage real estate listings or other listings on the Service. We are not a party to the contracts that may be entered into between listers and renters, employers and employees or independent contractors, service providers and recipients or other relationships that may be formed through our Service. We are not a real estate broker, travel agency or insurer, and we do not act as an agent in any capacity for any User posting, whether for real estate or otherwise. You agree that we do not have the obligation to pre-screen, monitor, or approve any Content, but that we will have the right, but not the obligation, to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit, or delete any Content for any reason whatsoever. We will not be responsible for any interaction between you and the other Users of the Service. Your dealings with others through the Service are solely between you and such other parties. Under no circumstances will we be liable for any goods, services, resources, or content available through such third party dealings or communications, or for any harm related thereto. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Service and any Content, including your stay at any real estate listing, contact with any other User, or any other activity facilitated by the Service, whether in person or online. Listings Project expressly cautions you not to unduly rely on any statement or offering on the Site or through the Service or any communications by, between, among or from other Users or with any third party you contact directly or indirectly through the Site. You are responsible for investigating and determining suitability of any statement or offering on the Service, which may carry risk of loss, fraud, misrepresentation, larceny, illness, bodily injury, disability or death, and you freely and intentionally assume those risks by participating in the Service. We are under no obligation to become involved in any disputes between you and other Users of the Service or between you and any other third parties.
You agree that our service is a venue for posters and Users of the Service. In the event that you have a dispute with any User of the Service, you agree that we are under no obligation to become involved. You further agree to release us from any and all claims, demands, and damages arising out of or in connection with such dispute.
You are entirely responsible and liable for any Content you post or any Content that is posted by any person authorized to use your e-mail account or computer system. Without limiting, expressly or by implication, Listings Project’s entitlement to full release and indemnification by you under these Terms of Use, you hereby represent, warrant and covenant to Listings Project and to all other Users (as defined below) that: (i) all persons using your Listings Project account are duly authorized by you, (ii) you maintain all legal rights, whether by lease, license, title ownership or otherwise, required for the actions taken by you or offered to be taken by you on or through the Service, which legal rights are valid and in good standing at the time of any such action or offer by you on or through the Service; (iii) you have all legal right, power and authority required to enter into these Terms of Use as well as any transaction you enter into or offer to enter into with another User on or through the Service, (iv) the acceptance of these Terms of Use by you, your use of the Service, and any transactions entered into by you with any third party on or through the Service do not and will not violate any law or regulation or any agreement to which you are a party. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING DUE DILIGENCE AS TO THE ACCURACY OF THE ABOVE REPRESENTATION AS MADE BY YOURSELF AND BY OTHER USERS AS WELL AS WITH RESPECT TO ANY ASPECT OF A TRANSACTION CONTEMPLATED BY YOU ON OR THROUGH THE SERVICE. LISTINGS PROJECT SHALL HAVE NO RESPONSIBILITY WHATSOEVER IN RESPECT OF A USER’S BREACH OF ANY OF THE FOREGOING REPRESENTATIONS, WARRANTIES OR COVENANTS, OR YOUR FAILURE TO CONDUCT ADEQUATE DILIGENCE IN RESPECT OF OTHER USERS OR CONTEMPLATED TRANSACTIONS ON OR THROUGH THE SERVICE.
IN ADDITION, LISTINGS PROJECT SHALL HAVE NO DUTY TO NOTIFY OR WARN YOU OR OTHER USERS OF ANY SPECIFIC RISKS, ALLEGATIONS OR OTHER INFORMATION RELATING TO A LISTING OR OTHER USER OF WHICH LISTINGS PROJECT MAY BECOME AWARE FROM TIME TO TIME, OR TO TAKE ANY ACTIONS MITIGATING OR ADDRESSING ANY SUCH RISKS, ALLEGATIONS OR OTHER INFORMATION. USERS SHOULD RETAIN LEGAL COUNSEL TO PROVIDE GUIDANCE REGARDING THE RIGHTS AND OBLIGATIONS OF EACH PARTY, WHETHER CONTRACTUAL, STATUTORY OR OTHERWISE, IN ANY TRANSACTION CONTEMPLATED TO BE ENTERED INTO ON OR THROUGH THE SERVICE, AND THE APPROPRIATE DILIGENCE AND CONTRACTUAL STEPS TO CONSUMMATING ANY SUCH TRANSACTION.
Discount Codes for Third Party Websites, Apps, and related Products and Service
Listings Project works with its marketing partners to provide discount codes and offers to its users and paid members from time to time.
Discount codes and offers presented by Listings Project are subject to each marketing partner’s terms and conditions, which can vary significantly. In some circumstances, discounts offered may not include additional taxes and other fees which are not subject to any discount. Our marketing partners are independent businesses not affiliated with Listings Project. While we hope you find an enjoyable or useful product or service at a discount, we are not endorsing nor guaranteeing the quality of the products and services offered, nor compliance with the terms and conditions offered, by any our marketing partners. You must use caution before buying any products or services. Some discount codes and offers may be limited to items in-stock only and often are not valid on prior purchases. Any offer presented by us may be incomplete, incorrect or require updating and you are not to rely on our discount codes and promotions; our information is qualified entirely with reference to the full terms and conditions relating to a discount code or offer. In particular, the Federal Trade Commission guidelines relating to deceptive advertising caution consumers to be wary of any offer that claims to be “free” --- you are urged to carefully review all terms and conditions always, but particularly in any promotion offering anything “free.” For full terms and understanding of what a discount code or promotion entails and how to qualify for such an offer, please visit our marketing partners’ website or app for more information.
Discounts and offers subject to change, other discounts or offers may be more suitable for you. Discount codes and offers distributed by Listings Project to you may not be combined with any other sale, promotion, discount, code, coupon and/or offer. Promotions have no cash value. Any discount code or offer cannot may be modified or cancelled, without notice. Many discounts may be one-time use or discontinued after a limited time, and be sold or otherwise bartered. Void where prohibited, taxed or otherwise restricted.
Other Sites and Your Contact With Advertisers or Other Third Parties
You should carefully review the privacy policies and terms and conditions of the third party websites you visit.
The Site may contain third party content about, and links to, third parties and their websites that are not owned or controlled by Listings Project. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party content or websites or any of their contents. Some of the content on our Site may be embedded from third party websites or services, including without limitation, links to articles or press materials about us, and testimonials accessible through our Site. In addition, we will not and cannot censor or edit the content of any third-party site. By using our Site, you expressly relieve Listings Project from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each other website that you visit.
We are not responsible for the content of any third-party Sites --- even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us of the referenced content or product. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Your dealings with advertisers or other third parties found on or accessible through the Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement by Listings Project of content, items, or services on those third-party Sites. Your access and use such Sites, including the content, items, or services on those Sites, solely at your own risk.
Similarly, if you post information on a third-party platform that references the Site (i.e. by using a hashtag associate with Listings Project in a tweet), your post may be published on our Site in accordance with the terms of the third-party website or service. Also, both Listings Project and the third-party may have access to certain information about you and your use of the Site and the third-party Site or service.
In addition, we may receive information about you if other users of a third-party website give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connection's” web page, profile page, or similar page on a social networking or other third party web Site or interactive service. The information we collect in connection with social features is subject to our Privacy Policy. The information collected and stored by the third party remains subject to the third-party's privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party web Site or service.
Listings Project does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third-parties or any items or services that may be obtained from such third-parties, and you agree that Listings Project will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third-party, or as a result of the presence of such third-parties on the Site.
Compliance with Laws
Users are solely responsible for review of, and are required to ensure compliance with, all laws, rules, ordinances, or regulations applicable in Users’ region, city and or state, including, but not limited to, those relating to financing, data and privacy, permits or license requirements, zoning ordinances, short-term occupancy restrictions, employment practices, safety, accessibility, anti-discrimination and fair housing laws, as applicable. Listings Project is a social platform and online communal network for employment and real estate related activities. Nonetheless, Listings Project is not party to any agreement entered by and between Users of said platform. As such, Listings Project does not provide legal advice regarding the legality or viability of any contemplated use of its platform or services. If Users have questions regarding the legality of a use and/or contemplated use, they are encouraged to visit the websites of the applicable state and local government agencies directly, or to consult a local lawyer or tax professional. Although Listings Project is not party to any agreement entered through its platform, it reserves the right to review all listings, in its sole discretion, and to remove or revise the same for noncompliance with these Terms of Use, including, but not limited to, noncompliance with governmental laws, rules, ordinances and/or regulations that may apply to the same. Listings Project further reserves the right, in its sole discretion, to provide information regarding any listing or Users of its platform to governmental bodies and third-parties in relation to investigations, litigations, and administrative proceedings. In accordance with these Terms of Use, and as set forth in greater detail therein, Users agree to (i) use the platform at their own risk, (ii) release Listings Project, and/or its agents and employees, from all claims for any damage or injury to the fullest extent permitted by law, and (iii) defend, indemnify, and hold harmless Listings Project (and the indemnified parties as defined in these Terms of Use) from any and all liability regarding Users use and participation in any activities on our Site.
Refunds
We do not offer any refunds for the early cancellation of paid postings to us. Unless otherwise stated in our Refund Policy, We do not issue credits or refunds due to our extremely low rates and minimal administrative staff.
Privacy and Access to Contact Information and Content Uploaded by You
You acknowledge, consent, and agree that we may, in accordance with our Privacy Policy, access, preserve, and disclose your contact information and Content you upload, post, or otherwise make available on the Service if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State, or Local law or authorities (iii) enforce these Terms of Use; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property, or personal safety of us, our Users, and the public.
USE OF SERVICE AT YOUR OWN RISK AND OTHER DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. LISTINGS PROJECT WILL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON OR THROUGH THE SERVICE. LISTINGS PROJECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LISTINGS PROJECT MAKES NO WARRANTY THAT ITS CLASSIFIEDS OR USE OF OUR SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT, OR ERROR FREE. THE SITE AND OUR SERVICE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR THROUGH LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LISTINGS PROJECT DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA OR NON-INFRINGEMENT.
WHILE WE WOULD LIKE TO CORRECT ANY ERRORS IN THE CONTENT ON OUR SITE, WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR CONTENT ON OUR SITE AND ARE PUTTING YOU ON NOTICE THAT ANY INFORMATION OR CONTENT PROVIDED BY US, OUR SITE, OR ANY PRODUCTS OR SERVICES OFFERED BY US OR ANY THIRD PARTY ADVERTISERS IS “AS IS” AND SHOULD BE CAREFULLY EXAMINED BY YOU WITH THE ADVICE OF PROFESSIONALS DOING YOUR OWN DUE DILIGENCE IN FINDING FACTS, INACCURACIES AND OTHER DEFECTS IN ANY INFORMATION OR CONTENT SET FORTH ON OUR SITE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS OR TRUTHFULNESS OF ANY CONTENT ON OUR SITE AND YOU SHOULD NOT RELY UPON ANY SUCH CONTENT OR INFORMATION.
IN ADDITION, NEITHER LISTINGS PROJECT, NOR ANY OF OUR AFFILIATES, RELATED PARTIES, REPRESENTATIVES, OFFICERS, EMPLOYEES OR AGENTS, MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED THAT (A) OUR SITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH OUR SITE, WILL MEET YOUR REQUIREMENTS, (B) OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE, OR MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM OUR SITE, ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS; (C) OUR SITE WILL BE RELIABLE, UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER CONTENT OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR NEEDS OR EXPECTATIONS, AND (F) ANY INFORMATION, DEFECTS OR ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA OR USE OF OUR SITE OR SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITE, DIRECTLY OR INDIRECTLY, WILL CREATE ANY WARRANTY.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
THE INFORMATION, SERVICES, AND PRODUCTS AVAILABLE TO YOU ON THE SERVICE MAY CONTAIN ERRORS AND ARE SUBJECT TO PERIODS OF INTERRUPTION. WHILE WE MAKE GOOD FAITH EFFORTS TO MAINTAIN THE INFORMATION, SERVICES WE OFFER, WE CANNOT BE HELD RESPONSIBLE FOR ANY ERRORS, DEFECTS, LOST PROFITS, OR OTHER CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICE.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. LISTINGS PROJECT AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF SUCH CONTENT. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER LISTINGS PROJECT OR ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SPONSORS, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS NOR PARTNERS (EACH INCLUDING LISTINGS PROJECT, A "PROTECTED PARTY") IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY PROTECTED PERSON NOR ANY RESPECTIVE REPRESENTATIVES BE LIABLE UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY ITEM PURCHASED OR TRANSACTION CONTEMPLATED OR CONSUMMATED DIRECTLY OR INDIRECTLY USING THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (E) ANY OTHER MATTER RELATING TO THE WEBSITE; (F) INTERRUPTION OF BUSINESS; (G) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (H) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (I) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (J) COMPUTER VIRUSES, HARMFUL CODE, DOS ATTACKS, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; (K) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OUR SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH OUR WEBSITE; (L) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH OUR SITE; (M) DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, COMMUNICATIONS FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, NATURAL DISASTERS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, INTERGALACTIC STRUGGLES, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL (EVEN IF SELLERSFUNDING, ITS AFFILIATES OR THEIR RESPECTIVE AUTHORIZED AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); OR (M) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF LISTINGS PROJECT, ITS AFFILIATES OR THEIR RESPECTIVE AUTHORIZED AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING OUR SITE AND/OR THOSE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT LISTINGS PROJECT, ITS AFFILIATES OR THEIR RESPECTIVE AUTHORIZED AGENTS OR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ALSO AGREE THAT NO PROTECTED PERSON WILL BE LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY PRODUCT OBTAINED THROUGH THE WEBSITE OR THROUGH THIRD PARTY MEANS, INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO A SERIVCE OR PRODUCT CAUSED BY THIRD PARTIES OR OTHER INTERMEDIARY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO PROTECTED PERSON WILL BE LIABLE TO YOU OR ANY THIRD PARTY, IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, WHETHER OR NOT LISTINGS PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY PROTECTED PERSON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (I) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THE SERVICE, (II) SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR ANY FUNCTION, RIGHT OR PRIVILEGE PREVIOUSLY PROVIDED TO YOU UNDER THE SERVICE, (III) ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH THE SERVICE, OR (IV) ANY INTERACTION BETWEEN YOU AND OTHER USERS OF THE SERVICE, INCLUDING ANY TRANSACTION CONTEMPLATED OR CONSUMMATED BETWEEN SUCH USERS, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROTECTED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR E-MAIL ACCOUNT OR COMPUTER SYSTEM, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS OR LOG-IN CREDENTIALS TO THIRD PARTIES. YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROTECTED PARTIES FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, THE VIOLATION OF THESE TERMS OF USE BY YOU, OR THE INFRINGEMENT BY YOU, OR BY ANY PERSON AUTHORIZED TO USE YOUR E-MAIL ACCOUNT OR COMPUTER SYSTEM, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SERVICE OR YOUR ACTS AND OMISSIONS ON THE SERVICE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
IN ANY EVENT, OUR LIABILITY, AND THE LIABILITY OF ALL INDEMNIFIED PARTIES, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICE WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, IS LIMITED TO THE TOTAL AMOUNT OF FEES YOU PAY TO US IN CONNECTION WITH THE TRANSACTION FROM WHICH A DISPUTE ARISES.
UNLESS OTHERWISE SPECIFIED BY THE LAWS IN THE APPLICABLE JURISDICTION, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
If you are dissatisfied with the Service, or any portion thereof, or do not agree with these Terms of Use, your only recourse and exclusive remedy will be to stop using the Service.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Jurisdiction and Choice of Law
These Terms, and the respective rights and obligations of the parties hereunder, will be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of law principles (other than the principles set forth in Section 5-1401 of the General Obligations Law of the State of New York), provided, however, that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., to the extent permitted by law, and that in the event of any conflict by and between New York law and the FAA, the FAA will prevail and control.
Any action outside of the arbitration provision of these Terms of Use (the “Arbitration Agreement”), that you or any third party may bring to enforce these Terms of Use against us, or in connection with any matters related to the Service, the Site or Listings Project, in each case, solely to the extent — or except as otherwise — expressly permitted by the Arbitration Agreement or through the arbitration initiated through the Arbitration Agreement, will be brought only in either the state or Federal courts located in the borough of Manhattan in New York, New York, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Dispute Resolution (Arbitration Agreement)
PLEASE READ THIS SECTION ENTITLED “DISPUTE RESOLUTION (ARBITRATION AGREEMENT)” (THE “ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU AND LISTINGS PROJECT LLC TO AGREE TO ARBITRATE CERTAIN DISPUTES. AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND LISTINGS PROJECT LLC FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND LISTINGS PROJECT LLC AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. LISTINGS PROJECT LLC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
Any dispute or claim arising from, relating to, or connected with these Terms of Use, the Listings Project Membership Program, and/or any Listings Project Member account (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Terms will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration will be the State of New York or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Arbitration Agreement we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.
FEDERAL ARBITRATION ACT. These Terms affect interstate commerce, and the enforceability of this Arbitration Agreement will be substantively and procedurally governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms of Use, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
ONE YEAR TO ASSERT CLAIMS. To the extent permitted by law, any Claim by you or Listings Project LLC relating in any way to these Terms of Use, or any aspect of the relationship between you and Listings Project LLC as relates to these Terms of Use, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Listings Project LLC will not have the right to assert the Claim.
WAIVER OF CLASS ACTIONS. Each party agrees that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and will not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. EACH PARTY AGREES THAT SUCH PARTY IS KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT IT MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE OR THE RELATIONSHIP BETWEEN THE PARTIES.
OPTION TO OPT-OUT. You have the right to opt out of binding arbitration within 30 days of the date that the earlier of (a) you first used our website or (b) become a Member (whether a Free Community Member or a Premium Supporting Member), in each case unless a longer period is required by applicable law. In order to be effective, your written notification to Listings Project LLC, Attention: Legal Department to P.O. BOX 231510, New York, NY 10023, and your written notification must include your name, mailing address, and email address. The notice must clearly indicate your intent to opt-out of this binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with immediately preceding Section entitled “Jurisdiction and Choice of Law” above.
REJECTION OF FUTURE ARBITRATION CHANGES. You may reject any change we make to the Arbitration Agreement (except address changes) by personally signing and sending us notice within 30 days of the change via email at legalnotices@listingsproject.com or by certified mail addressed to Listings Project LLC, Attention: Legal Department to P.O. BOX 231510, New York, NY 10023. If you do, the most recent version of the Arbitration Agreement before the change you rejected will apply.
You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.
For purposes of any Claim that is not subject to the arbitration procedures in this Arbitration Agreement, we both agree to the governing law and jurisdiction as set out in immediately preceding Section entitled “Jurisdiction and Choice of Law” above.
General
These Terms of Use and our Privacy Policy, our Cookie Policy, our Refund Policy, and our Community Agreements constitute the entire agreement between you and Listings Project and govern your use of the Service, superseding any prior agreements between you and Listings Project. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another website linked to by the Service. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Service.
Violations:
Please report any violations of these Terms of Use to: listings@listingsproject.com
Severance and Waiver:
You acknowledge and agree that if any provision of these Terms of Use will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us.
All terms hereof protective of Listings Project or its Users or any of respective explicitly intended third party beneficiaries will survive any termination including, without limitation, Disclaimers & Release, Limitation of Liability, Jurisdiction and Choice of Law and General.