Welcome to the Listingly Website

Effective Date: May 1, 2019

Welcome to the Way Past Shelter, LLC, d.b.a Listingly, (“Us” or “Our” or “We” or “Listingly”) Website.

Listingly is a licensed Real Estate Broker.

These Terms of Use (“Terms”) are a legal contract between You and Us (collectively, “Everyone”) and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of Our websites (all of which are referred to in these Terms as this “Website”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

OUR ROLE.

Listingly is a licensed real estate broker in the state of Florida. While Listingly may have advertisers on its Website that are lenders or loan brokers, and may earn advertising fees related to such advertising, Listingly does not originate, negotiate, coordinate, arrange, or broker financing or loans, and does not earn any additional compensation directly related to the financing of real property. Listingly assists its clients in the advertising and transfer of real property in the state of Florida. The information you obtain at this Website is not, nor is it intended to be, the type of personalized advice that a broker would typically provide to a client. This Website is intended to provide general information about Listingly’s services and residential real estate listings. You should consult with your broker or attorney for advice regarding your individual situation. We invite You to contact Us with questions; however, please note that contacting Us does not create a broker-client relationship. Do not impart confidential information in Your communications with Us unless and until a written agency agreement is signed by You and Us, in which You agree to have Listinlgy represent You in the capacity of a real estate broker. Until such an agreement is signed by both parties, We do not owe You the duties imposed by law that real estate brokers owe their clients, and nothing in this Website or in any communications between You and Us should be interpreted as individual advice about Your particular situation.

CHANGES.

We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform You of any modifications to these Terms by posting them on this Website and, if You have registered with Us, We may send You an email escribing the modifications to these Terms. To be sure We properly reach Your email inbox, please let Us know if Your preferred email address changes at any time after Your registration.

If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE.

We invite You to use this Website for individual, consumer purposes (“Permitted Purposes”). By using this Website, you represent, acknowledge and agree that You are at least 18 years of age.

In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.

If You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

MOBILE APPLICATIONS.

We may make available Mobile Applications to access the Website via a mobile device. To use the Mobile Application You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).
  • Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.
  • We, and not Apple, are solely responsible for Our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App.
  • You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App.
  • You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App.
  • You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”).
  • Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service.
  • Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android App.

GEO-LOCATION TERMS.

The Services include and make use of certain functionality and services provided by third-parties that allow Us to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps) and by using the Geo-Location Services, You are agreeing to be bound by Google’s Terms of Use.

USING THIS WEBSITE AND THE WEBSITE’S SERVICES.

We appreciate You visiting this Website. In order to access certain password-restricted areas of this Website and to use certain Services and Materials offered on and through this Website (such as to place an offer or schedule a home tour), You must successfully register an account with Us.

PASSWORD RESTRICTED AREAS OF THIS WEBSITE.

If You want an account with Us, You must submit the following information through the account registration page on this Website:

  • A working email address;
  • First and last name;
  • Password.

You may also provide additional, optional information so that We can provide You a more customized experience when using this Website. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. If approved, You will be sent an e-mail detailing how to complete Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. And, if You forget Your password, We will send a password update to Your provided email address.

You are responsible for complying with these Terms when You access this Website, whether directly or through any account that You may setup through or on this Website. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of This Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Website. Should You believe Your password or security for This Website has been breached in any way, You must immediately notify Us.

PRIVACY POLICY.

We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information. So, please review Our Privacy Policy which explains everything.

EQUAL HOUSING OPPORTUNITY.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

PARTICIPATING LENDERS.

Any lenders participating in the Services as advertisers or otherwise are solely responsible for their services to consumers. You agree We shall not be liable for any damages or costs of any type arising out of or in any way connected with the services offered by lenders. We are not responsible for any errors or delays caused by consumers or any lenders in the loan process. We reserve the right, at any time and in Our sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from using or participating in any of the Services offered by Us.

SUBMISSIONS.

Certain areas of this Website (e.g., blogs, chat rooms or customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.

By submitting any User Submission, You are promising Us that:

  • You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all “moral rights” that You may have in Your User Submission; Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
  • Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
  • Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.

LINKS TO THIRD-PARTY SITES.

We think links are convenient, and We sometimes provide links on his Website to third-party websites. If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit Your activities on this Website to be shared with Your contacts in your third-party site account.

UNAUTHORIZED ACTIVITIES.

To be clear, We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between You and Us, all rights in this Website remain Our property.

Unauthorized use of this Website may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

  • For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • Use the Materials or content of the Website for the purpose of establishing an individual’s eligibility for credit or insurance, evaluating an individual for employment purposes, determining an individual’s eligibility for a government license or permit or in any other manner that would cause such use of the Materials or content of the Website to be construed as a consumer report by any authority having jurisdiction over You or Us;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
  • To interfere with or disrupt this Website or servers or networks connected to this Website;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
  • Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.

PROPRIETARY RIGHTS.

“Listingly” is a trademark that belongs to Us. Other trademarks, names and logos on this Website are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property, Copyright © 2018 Way Past Shelter, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Website in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to Our Agent for notice of claims of infringement:

DMCA Agent Way Past Shelter, LLC 2255 Glades Road, Suite 324a Boca Raton, Florida 33431 info@listingly.com

To be sure the matter is handled immediately, Your written notice must:

Contain Your physical or electronic signature; Identify the copyrighted work or other intellectual property alleged to have been infringed; Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;

  • Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
  • Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner. Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. Termination of Repeat Infringers

We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Website or Service who is the subject of repeated DMCA or other infringement notifications.

DISCLAIMER OF WARRANTIES.

THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

If You are a California resident, You waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN $100.00. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST LISTINGLY OR ITS SUPPLIERS WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

RELEASE.

You release Listingly, its affiliates, and their respective directors, officers, members, managers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of our services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

LOCAL LAWS; EXPORT CONTROL.

We control and operate this Website from Our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States of America, You are solely responsible for following applicable local laws.

FEEDBACK.

Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). EVERYONE AGREES THAT ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

  1. Pre-Arbitration Claim Resolution.

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at info@listinlgy.com the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.

  1. Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in Palm Beach County, Florida, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof, which shall remain in effect until a final award is made in the arbitration. The arbitrator shall be a practicing attorney or retired judge with at-least fifteen years total working experience as such. The arbitrator shall issue findings of facts and conclusions of law. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claims or dispute would be barred by the applicable statute of limitations. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual, or agreed upon liquidated damages. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator shall award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, reasonable attorney’s fees and legal costs. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as necessary to confirm, vacate or enforce the award and for disclosure in confidence of the parties respective attorneys, tax advisors. Neither party shall be entitled to join or consolidate disputes. The parties agree that there shall be no discovery other than the exchange of documents. The parties agree that failure or refusal of a party to pay half of the filing fees, costs and deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. All issues shall be for the arbitrator to decide, including the scope of this Provision.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

  1. Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

  1. Jury Waiver

You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

  1. Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

  1. Continuation

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.

GENERAL.

We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.

However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You. The Federal Arbitration Act, Florida state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Palm Beach County, Florida. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

PRICING AND COMMISSION.

Listingly is able to structure our commissions to help you save money because law allows every broker to negotiate commission structures that help their clients save: “Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller [or buyer client] and broker.”

TCPA CONSENT & PRIVACY.

By agreeing to these terms you authorize Listinlgy to send you automated calls or to text you with information. Text message rates and other charges may apply, depending on your plan and provider. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.

Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

CONTACT US.

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us by mail at Listingly, Legal Department, 2255 Glades Road, Suite 24a, Boca Raton, Florida, 33431, by phone number at 1-888-603-6400 and by email.





Listingly Privacy Policy

EFFECTIVE DATE: May 1, 2019

Way Past Shelter, LLC, d.b.a Listingly, (“Us” or “Our” or “We” or “Listingly”) values your privacy. In this Privacy Policy (“Policy”), We describe how We collect, use, and disclose information that We obtain through our website http://www.listinlgy.com/privacy (the “Site”), Our mobile application (the “App”), and the services available through Our App and Site (collectively, the Site, App and services therein are the “Services”).

By visiting the Site, using or downloading the App, or otherwise using any of Our Services, you agree that your personal information will be handled as described in this Policy. Your use of Our Services, and any dispute over privacy, are subject to this Policy and Our Terms of Service including its applicable limitations on damages and the resolution of disputes. The Listingly Terms of Service are incorporated by reference into this Policy.

The Information We Collect About You.

We collect information about you directly from you and from third parties, as well as automatically through your use of Our Site or Services. Generally, We collect the following information from or about you:

Registration Information. Certain areas and features of Our Services require registration. To register you must provide your name and email, and choose a password. We also may collect additional optional information from you, including your phone number, Social Security number, financial account details, passport details, driver’s license number, and other identity information, as well as pre-approval documentation; however, you are not required to provide Us with this information.

Property Information.

Through the service you can submit property information, such as address, price, photos, and other listing details. We also may collect property details from third parties. We associate the property information We collect with your username.

Identity and Financial Documents.

We may ask you to submit proof of your identity, mortgage preapproval and funding availability through the Services, and We may (or Our service providers may) verify this information (e.g., by contacting the bank that issued your preapproval letter). You are not required to submit these documents to access the Services; however, certain Sellers may request this information as part of an offer you submit through the Services. We do not share this information with third parties except, as specifically explained below, in order to facilitate your offers, transactions and requests, with service providers who store or use this information on Our behalf, to an acquiring company, or as required by law.

Site Activities.

We may collect information about the properties you view and save, the appointments you schedule, messages you send, offers you place, counter or accept, property notes you make, requests you submit, comments you post, any reviews or ratings that you post, and your other activities through the Services.

Other Information We Collect Automatically.

We may automatically collect information about your use of Our Site, App or Services through cookies, web beacons, java scrip, log files and other technologies, including: your domain name; your browser type and operating system; web pages you view; links you click; your activities within the App; date and time stamp, and the length of time you visit Our Site, or are logged in or use Our Services; your IP address; the referring URL, or the webpage that led you to Our Site; device ID; device name and model; location and language information. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

How We Use Your Information.

We use your information, including your personal information, for the following purposes:

  • To facilitate real estate transactions, and to otherwise provide Our Services.
  • To communicate with you about your use of Our Services (through email, text message and other methods), to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
  • To tailor the content and information that We may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or Our Services. For example, We may send you information about a property you are interested in, and others that you may be interested in.
  • For marketing and promotional purposes. For example, We may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information We think may interest you. We also may use the information that We learn about you to assist Us in advertising Our Services on third party websites.
  • To better understand how users access and use Our Site and Services, both on an aggregated and individualized basis, in order to improve Our Services and respond to user desires and preferences, and for other research and analytical purposes, such as analyzing market trends, fair market values, reporting on comparable properties, and other purposes.

How We Share Your Information.

We may share your information, including personal information, as follows:

  • Listingly Users. Your user name, property details and any information that you post to Our Site, including, without limitation, reviews, comments, and text will be available to, and searchable by, all users of Services. We do not publicly disclose your identity and financial documents to other Listingly Users.
  • Affiliates. We may disclose the information We collect from you to Our affiliates or subsidiaries; however, if We do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
  • Third Party Partners. We may share your name, contact details and demographic details with certain third parties, who may use this information to contact you with offers and information you may be interested in, or for other research and analytics purposes. We do not share your financial and identity documents with third parties for such purposes.
  • Service Providers. We may disclose the information We collect from you to third party vendors, service providers, contractors or agents who perform functions on Our behalf.
  • Business Transfers. If We are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, We may transfer the information We have collected from you to the other company.
  • In Response to Legal Process. We also may disclose the information We collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We also may disclose the information We collect from you where We believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Our Terms of Use or this Policy, or as evidence in litigation in which Listingly is involved.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Our Use of Cookies and Other Tracking Mechanisms.

We and Our third-party service providers use cookies, web beacons, java, and other tracking mechanisms to track information about your use of Our Services. We may combine this information with other personal information We collect from you (and our third-party service providers may do so on Our behalf).

Do-Not-Track.

Currently, Our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

Cookies.

Cookies are alphanumeric identifiers that We transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow Us to make it easier for you to navigate Our Site and Services, while others are used to enable a faster log-in process or to allow Us to track your activities at Our Site and Service. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Some features of Our Site and Services may not function if you disable cookies.

Clear GIFs, pixel tags and other technologies.

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with Our Site to, among other things, track the activities of Site visitors, help Us manage content, and compile statistics about Site usage. We and Our third-party service providers also use clear GIFs in HTML e-mails to Our customers, to help Us track e-mail response rates, identify when Our e-mails are viewed, and track whether Our e-mails are forwarded.

Third Party Analytics.

We use automated devices and applications, such as Google Analytics, to evaluate usage of Our Site and, to the extent permitted, Our Application. We also may use other analytic means to evaluate Our Services. We use these tools to help Us improve Our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

Marketing Choices.

We may send periodic promotional or informational emails to you, about Listingly and the Services, and, from time-to-time, about third-party products and offers We think may interest you. You may opt-out of such promotional communications from Us by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for Us to process opt-out requests. If you opt-out of receiving promotional emails from Us, We may still send you e-mails about your account or any Services you have requested or received from Us. Also, please note that if you take advantage of a third party offer Listingly has sent to you, that third party may collect certain information from you, subject to its own privacy policy.

We may also send you text messages about your use of the Services, such as appointment confirmations, cancelations, and reminders, property updates and bid activities; if you have given Us your consent. You can opt out of all text messages, at any time, by replying STOP to any text message from Listingly.

Plug-ins and Social Media Widgets.

Our Site may include social media features and widgets, such as the Facebook Like button and the “Share this” button, as well as other interactive mini-programs that run on Our Site and Services and enable certain features to work (e.g., blogs and comments). These features may collect your IP address, which page you are visiting on Our Site, and may set a cookie to enable the feature to function properly and for other purposes. These features are displayed on Our Site, but are hosted by third parties, and are subject to their own privacy policies, not this one. Your interactions with these features are governed by the privacy policy of the company providing them.

User Generated Content.

We may invite you to post content on Our Site, including your comments, reviews, pictures, and any other information that you would like to be available on Our Site. If you post content to Our Site, all of the information that you post will be available to other users of the Services. If you post your own content on Our Site or Services, your posting may become public and Listingly cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

Third-Party Links.

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third -party websites.

Security of My Personal Information.

We have implemented safeguards to protect the information We collect. Please be aware that despite Our efforts, no data security measures can guarantee 100% security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

ccess to My Personal Information.

You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or Application for a period of time.

Children Under 13.

Our Services are not designed for children under 13. If We discover that a child under 13 has provided Us with personal information, We will delete such information from Our systems.

Contact Us.

If you have questions about the privacy aspects of Our Services or would like to make a complaint, please contact Us at info@listinlgy.com

Changes to this Policy.

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on Our Site, at Privacy Policy. If We make any changes to this Policy that materially affect Our practices with regard to the personal information We have previously collected from you, We will endeavor to provide you with notice in advance of such change by highlighting the change on Our Site.