Terms - Listy Realty

Listy Terms and Conditions of Use

We are pleased that you have decided to use Listy (“Listy”). These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of Listy’s Website[s] and/or mobile application (“Website” or “Site”) and Listy’s services offered on the Website (the “Services”). In these Terms of Use, the words “you” and “your” refer to each customer, user, site guest or visitor and “we”, “us” and “our” refer to Listy, its subsidiaries, successors in interest and assigns, and listyrealty.com

Consent to Terms and Conditions

By accessing the Site and/or using the Services, you agree that you have read and understood the Terms and Conditions of Use and agree that you will comply with the same for as long as you use the Website. Clicking sign up when you register for your account signifies your acceptance of these Terms of Use and your acknowledgement that you are legally bound by them.

Please read these Terms of Use carefully before using this Site and make sure you understand them. These Terms of Use contain important information regarding your legal rights, remedies and obligations. These include various limitations, exclusions, and obligations, including but not limited to a clause that governs your submission to binding arbitration and a class action waiver. If you do not wish to be bound by these Terms of Use, you may not access or use any part of the Site, use the Services or create an account.

These terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Listy and you regarding your use of this Website and supersede any prior statements or representations. This Website’s Privacy Policy is incorporated into these Term of Use by reference and is made a part hereof. You are not authorized to use this Website if you do not agree to be legally bound by any or all of these Terms and Conditions. Complaints or questions regarding these Terms of Use may be sent to support@listyrealty.com

Changes to the Terms of Use

From time to time, these Terms of Use may change. Listy reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on this Website and changes will become effective once posted. Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.

Description of Services and of Key Terms

Listy provides an online real estate advertising platform within which Owners of Properties, as such terms are defined below, can post their Properties for sale by creating Postings; provide relevant information and images of their Properties; and communicate directly with Registered Users about their Properties As used in the Terms of Use, the following terms have the following meanings:

“Property” and “Properties” means residential or other properties.

“Registered User” means a person who completes Listy’s account registration process.

“Owner” means a Registered User who has created a Posting on the Site for a Property they personally own.

“Posting” means a Property advertisement created by an Owner to announce their desire to sell their Property.

Eligibility and Registration

You must be at least 18 years old to use the Services. In order to access the Services, you must be a Register User. To become a Registered User with Listy, you must create an account and provide certain information to Listy, including a valid email address, and a password (your “Account”). All information you provide must be truthful. The information you provide to Listy is subject to our Privacy Policy. Please see our for information concerning the collection and use of Personal Information from the Site. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. You agree to notify us if there has been any unauthorized use of your information. You may not share your password with unaffiliated third parties.

By providing your information, you consent to us or other third parties contacting you about your interest in the Services by email, phone or through any other contact information you have chosen to provide. You may opt out of marketing by following the instructions in our Privacy Policy, which you can read here.

General Terms

Owners are responsible for their Postings, including but not limited to the information they provide about their Properties and the sale prices at which their Properties are posted. Listy acts as a venue to allow Owners to advertise Properties they wish to sell. Listy is not an owner of Properties and Listy does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Listy is not directly involved in any transaction between Owners and Registered Users, Site visitors, buyers, or potential buyers. Listy does not represent, act as an agent for, or otherwise act on behalf of any Owner, Registered User, buyer or potential buyer in connection with any transaction, communication or activity on or within the Site. Listy has no control over Properties listed on the site, the validity of information posted by Owners, or the ability of Owners and Registered Users to carry out the transactions agreed to on the Site. Listy cannot and does not ensure that an Owner will actually complete a transaction.

Unless explicitly specified otherwise in the Listy Terms of Use or on the Site, Listy responsibilities are limited to facilitating the availability of the Site and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE ADVERTISING OF PROPERTIES AND COMMUNICATION OF REGISTERED USERS DIRECTLY WITH EACH OTHER. LISTY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY POSTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTIES. LISTY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL POSTINGS AND PROPERTIES. ACCORDINGLY, ANY COMMUNICATION WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK.

Equal Housing Opportunity Compliance

While Listy is not a participant in any real estate offering or transaction on or connected to the Site or the Services, we are pledged to the letter and spirit of U.S. policy for 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.

General Use of the Listy Services

Unless specified otherwise, Listy offers you a limited license to access and use the Services solely for your personal and non-commercial uses. You agree to access or use the Listy Services only for legal purposes that are permitted by the Terms of Use.

Content is provided through Listy AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Listy be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

Intellectual Property

All parts of the Site and Services, including, but not limited to, all applications, information, text, messages, images, photos, 3D scans, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, literature, technical information, advertisements, the selection, compilation, arrangement and presentation of all materials, and the Site, tools and all other content or materials (“Listy Content”), are owned and copyrighted by Listy and/or third parties, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of our Listy Content without our express prior written permission is strictly prohibited. You may use the Listy Content in accessing and using the Services, but you may not alter it or change any copyrighted notices without our permission.

You may not use any Listy Content, including but not limited to trademarks, trade names, service marks, copyrights or logos in any manner which creates the impression that such items belong to or are associated with you unless you have our written consent and you acknowledge that you have no ownership rights in or to any of such items.

Content You Provide

In connection with your use of the Website and our Services, you may upload and/or submit photographs, logos, contact information, commentary and other content to the Website (“your Content”). You may access and change your Content at any time.

To the extent that you post, upload, input, submit or otherwise transmit (collectively “Transmit” or “Transmitting,” as appropriate) your Content on or through Listy, you agree to provide true, accurate and complete information, and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via Listy. Unless we indicate otherwise, you grant us, our subsidiaries and affiliates a nonexclusive, transferable, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy and display your Content throughout the world in any form. You also warrant and represent that you own or otherwise control all of the rights to your Content, including, without limitation, all the rights necessary for you to Transmit your Content and to transfer your or others’ interests in your Content to Listy, and you represent and warrant that your Content will not violate the Terms of Use or cause injury to any other person or entity and will not constitute material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable. We take no responsibility and assume no liability for any material, Content, opinion, recommendation or advice submitted by you or any third party. We have no obligation to post any Content you provide, and reserve the right to post our own versions of your Content (including, but not limited to, photos of properties or property descriptions) instead of your version at our sole discretion.

You assign us the right—but we have no obligation– to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the Terms of Use, scraped, copied or distributed your Content from the Services and for which you have not granted such third parties a separate license to use.

By Transmitting your Content to Listy, you grant, and you represent and warrant that you have the right to grant, to Listy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute your Content, and to prepare derivative works of, or incorporate into other works, your Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

No License

Upon your registration of a valid account and unless and until cancellation or termination of that account, you have the right to use the software provided to you by Listy as part of the Services provided to you by Listy (referred to as the “Software” below). These Terms of Use do not grant you any right, title or interest in or to the Software, the Services or the other Content on the Site. Unless Listy has given you specific written permission to do so, you may not sell, transfer, assign or grant a license of your rights to use the Software or Services, grant a security interest in or over your rights to use the Software or Services, or otherwise transfer any part of your rights to use the Software or Services.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Services and Content. For purposes of this section, “Content” shall include your Content and Listy’s Content. In connection with your use of the Site, Services and Content, you may not and you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
use the Site, Services or Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Listy endorsement, partnership or otherwise misleads others as to your affiliation with Listy;
dilute, tarnish or otherwise harm the Listy brand in any way, including through unauthorized use of Content, registering and/or using Listy or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Listy domains, trademarks, taglines, promotional campaigns or Content;
copy, store or otherwise access or use any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of Listy or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Services or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to a residential property Posting;
“stalk” or harass any other user of our Site, Services or Content, or collect or store any personally identifiable information about any other user other than for purposes of communicating as a Listy registered user;
advertise, as an Owner, any Properties that you do not yourself own;
register for more than one Listy account or register for a Listy account on behalf of an individual other than yourself;
contact another registered user for any purpose other than asking a question related to a Property, Posting, or the registered user’s use of the Site and Services;
recruit or otherwise solicit any registered user to join third-party services or websites that are competitive to Listy, without Listy’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Site, Services or Content;

Listy has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Listy may take a range of actions against you, including but not limited to deactivating or canceling your Posting(s) or Listy account, for a violation of this Section or these Terms. Further, if any user reports any violation by you of this section or these Terms of Use, Listy has the right to review and you consent to Listy’s review of any private messaging between you and that user.

The Subscription Contract Between Listy and Owners

Listy is currently free for Registered Users of the Site who want to view Properties that are being advertised on the Site. Listy is currently making available to Owners who want to Post Property a three month free enrollment plan (“the Trial Offer Period”). The Trial Offer Period commences on the date the Owner registers on the Site. During the Trial Offer Period, Owners must register with Listy but do not have to pay for the Services and do not have to provide their credit card information. At the conclusion of the Trial Offer Period, Owners will be notified by email that the Trial Offer Period is expiring, at which time you may be asked for your credit card information if you elect to subscribe to the Services. If you elect to subscribe to the services, you will be offered a subscription plan (the “Plan”) where you will be billed a monthly fee of $99.00 per month, per Property Posted for each monthly period that you are enrolled. A “monthly period” is deemed to begin on the day you Post a Property and concludes thirty (30) days from that date.

Your Plan will automatically renew each monthly period unless you cancel it before the last day of the monthly period by clicking the cancel button in your account’s subscription settings. Clicking the “cancel” button will generate an e-mail which will be forwarded to support@listyrealty.com directing cancellation of your subscription. Upon submission of the e-mail cancelling your subscription, you will not be billed for any subsequent monthly period. You will not receive any refund for any portion of the monthly period for which you have already been billed and/or paid.

Listy reserves the right to change its Plan pricing, from time to time, on a going forward basis, with thirty (30) day prior notice to you.

Termination and Cancellation

You may terminate your Account with Listy at any time via the “Cancel Account” feature on the Site, which will generate an e-mail to support@listyrealty.com instructing termination of your Account. If you are an Owner and you terminate your account, your Postings will be deleted after the expiration of the thirty (30) day notice period described below, as applicable.

Listy may terminate or suspend your Account and your access to the Services at any time, for any reason, at Listy’s sole discretion, provided that Listy gives you thirty (30) days notice, by email to you, of its intention to cease providing the Services. During the thirty (30) day notice period, you will have the right to download your Content, including your Posting(s). If you are a Subscriber, you will not be charged any fee by Listy upon the expiration of the thirty (30) day notice period and termination of the Services to you.

Listy may terminate and disable your Account, with no notice to you, if in Listy’s sole and subjective discretion, you are in violation of any of the Terms of Use and/or Listy believes that such action is necessary to protect the safety and/or security of the Site, the Services and/or other users and/or for any other reason that Listy determines is in the best interest of the Site, the Services, Registered Users, or the public. If we disable your Account, it is important to understand that you do not have a contractual or legal right to continue to use our Services. Listy may refuse service to anyone, at any time, for any reason.

If you or we terminate this Agreement, the Terms of Use remain in effect after your access to the Services is terminated, or your use of the Service ends.

Brokerage Services & MLS Terms of Use

Listy Corp. (“Broker”), a wholly owned subsidiary of Listy Corp. is licensed as a Real Estate Broker in New York, Connecticut, and Pennsylvania.

By accessing the Site and/or using the Services, you acknowledge you are entering into a lawful broker-consumer relationship as may be defined under state law. The relationship is not exclusive and you are not obligated to work with Broker.

All arrangements to receive real estate brokerage services are subject to terms, conditions, and arrangements negotiated between you and Broker. Any agreements entered into between you and Broker will supersede all information referenced herein.

Any information you obtain from the Site is solely for your personal, non-commercial use. You agree that you will not copy, redistribute, or retransmit any of the information provided except in connection with your personal residential property search. You acknowledge that multiple listing services (“MLS”), which provide listing data, own such data and you acknowledge the validity of the applicable MLS’s copyright to such data.

Information deemed reliable but not guaranteed. No representation is made by Broker nor is any to be implied. Information is provided for the consumer’s personal, non-commercial use and may not be used for any purpose other than the identification of potential properties for purchase.

Listy Smart Buyer Rebate

“Smart Buyer” means a Registered User who has provided search criteria and has entered into a Non-Exclusive Buyer Agency & Commission Rebate Agreement (“Buyer Agreement”) with Broker.

The Listy Smart Buyer Commission Rebate (“Smart Buyer Rebate”) is provided by the Broker, with the following terms and eligibility requirements:

Smart Buyer acknowledges they have not entered into any exclusive or non-exclusive buyer representation agreements that are currently in effect.
Smart Buyer must enter into a Buyer Agreement with the Broker.
Broker agrees to provide the Smart Buyer with a rebate of a portion of the brokerage fee that the Broker is to be paid.
Smart Buyer Rebate amount will equal two-thirds of the brokerage fee received by the Broker in conjunction with the Smart Buyer’s purchase of a real property, up to a maximum of 2% of the purchase price of the real property and may be subject to minimum commissions.
Smart Buyer Rebate is only available in markets where Company is licensed as a real estate broker and for real properties where Broker is not engaged as the listing broker.
The real property being purchased must be a residential 1 to 4 family property (new or resale) or a co-op or condominium. Short sales do not apply.
Smart Buyer Rebate may be subject to lender approval and it is possible that Broker will not be able to provide the full refund amount if the lender does not allow it and/or if the refund amount and other buyer credits exceed the total closing costs.
Smart Buyer Rebate may also be subject to seller approval in the case of new developments that prohibit buyer’s agents from refunding a portion or all of the commission they receive.
Smart Buyer will be issued a check for the Smart Buyer Rebate amount within 10 business days of Broker’s receipt of funds. Check will be delivered by mail to an address provided by Smart Buyer at the time of closing.

Use in the United States

This Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Links

The Website may contain links to other websites and social media features (collectively, “websites”) that are not controlled and/or maintained by Listy. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links, Listy shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Listy is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or Terms of Use of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

Your Responsibilities

You must be a Registered User to access the Site and use the Services.

You must personally own the Property you post on the Site. By Posting a Property, you warrant and represent that you own the Property and are not representing the legal owner of the Property or any individual or entity claiming legal or beneficial ownership of the Property as an agent, broker, salesperson or otherwise.

If you are an Owner and post Property on the Site, immediately upon your sale of the Property, you must cancel your Posting.

You are responsible for any fees, commissions, payments, or other compensation that may be owed to any real estate agents, sales representatives, brokers, title companies or any third party actually or purportedly connected with or involved in the purchase and/or sale of any Property.

You are responsible for your Content and your communications with others while using the Website and the Services. You agree not to submit any Content that: (i) is known to you to be false, inaccurate or misleading; (ii) infringes anyone’s copyright, patent, trademark or other intellectual property rights; (iii) violates any law, statute, ordinance, or regulation; and (iv) is or may reasonably be considered to be libelous, defamatory, obscene, abusive or otherwise constitutes or advocates illegal activity.

You are responsible for ensuring that you have all necessary rights and permissions from third parties whose content you submit to the Website.

You are responsible for maintaining and, to the extent applicable to your activities, safeguarding the confidentiality of your Content.

You are responsible for ensuring that your conduct is in compliance with any rules, regulations, or laws applicable to your business or profession.

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Site.

You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms or other harmful, invasive or corrupted files, interference, hacking or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the Content or technical specifications of any aspect of the Services at any time at our sole discretion. You further agree that such changes may result in your being unable to access the Services.

We make no guarantees, representations or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted or without errors. Any documents, pictures or other information available on the Services are for informational purposes only and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good-faith efforts in determining that the content of all information provided to or obtained by you is accurate.

Some of the available content, services and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services or information. The content of other Site, services, goods or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on or to the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Site, services or goods, that may be linked to or from the Services; or (c) make any endorsement of any other Site, services or goods that may be linked to or from the Services.

Listy endeavors to make sure that all information and data it originates on the Website is accurate. However, Listy is not responsible for any damages or loss related to the use of this Website.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LISTY, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LISTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF LISTY, AND ALL OTHER USE OF LISTY, IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS THEREFROM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THE SERVICES WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend and hold Listy, our subsidiaries, affiliates, third-party vendors, directors, officers, employees and agents harmless, including costs, liabilities and legal fees, from any and all claims or demands made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; (iii) the content you submit to the Services; or (iv) any breach by you or your affiliates, employees, agents and representatives of the Terms of Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that your representations and warranties, and your obligation to indemnify Listy, shall survive beyond any term for which these Terms of Use are in effect.

Release

You release Listy, its affiliates and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the 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.”

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Listy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Listy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Listy), the Terms of Use constitutes the entire agreement between you and Listy with respect to the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Listy with respect to the Services. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Listy is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Electronic Communications

When you communicate with Listy electronically, via email or otherwise, you consent to receive electronic communications from Listy. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Listy satisfy any legal requirement that such communication be in writing. Listy encourages you to retain your own copies of relevant information and Content; however, upon your written request; Listy will provide you with a copy of the information you provided to Listy when creating your Subscription account. To make such a request please contact support@listyrealty.com

With respect to all communications you make to Listy directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Listy shall have no obligation to protect your communications from disclosure; (ii) Listy shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Listy shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Acquisition of Business

In the event that Listy and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of Listy and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Listy will post a notice to such effect on this Website.

Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at support@listyrealty.com

Copyright Infringement – Notice and Take-Down Policy

Listy values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, then pursuant to Title 17, United States Code, § 512, you may notify Listy’s Designated Agent in writing as follows:

Name of Designated Agent: Copyright Administrator, Jon Gholian

Address:

Listy Corp.

5 West 37th St 12th Floor

New York, NY 10018

E-Mail Address: support@listyrealty.com

In your notice, you must include the following:

a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
identification of the copyrighted work(s) that is (are) allegedly being infringed;
identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Listy to locate such materials;
contact information (i.e., name, address, email address) sufficient to enable Listy to contact you;
a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

U.S. Export Controls

Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Site. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries’ export laws, as applicable. Downloading or using the Software is at your sole risk.

Disputes and Governing Law

Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Listy of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Listy’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you clicking sign up to acknowledge these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Site you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms of Use, Listy may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Listy, in the event that Listy believes that there is a violation, or a threatened violation, that has jurisdiction of any of Listy’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

Disclosure Form for Buyers and Sellers

THIS IS NOT A CONTRACT

Applicable state law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents. Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.

Disclosure Regarding Real Estate Agency Relationships

Seller’s Agent

A seller’s agent is an agent who is engaged by a seller to represent the seller’s interests. The seller’s agent does this by securing a buyer for the seller’s home at a price and on terms acceptable to the seller. A seller’s agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller’s agent does not represent the interests of the buyer. The obligations of a seller’s agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

Buyer’s Agent

A buyer’s agent is an agent who is engaged by a buyer to represent the buyer’s interests. The buyer’s agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer’s agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer’s agent does not represent the interest of the seller. The obligations of a buyer’s agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer’s ability and/or willingness to perform a contract to acquire seller’s property that are not inconsistent with the agent’s fiduciary duties to the buyer.

Broker’s Agent

A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer. The broker’s agent does not have a direct relationship with the buyer or seller and the buyer or seller can not provide instructions or direction directly to the broker’s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or buyer’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or buyer’s agent will have liability for the acts of the broker’s agent.

Dual Agent

A real estate broker may represent both the buyer and seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency by indicating the same on this form.

Dual Agent With Designated Sales Agents

If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer’s agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller’s agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form. This form was provided to me by Listy Corp. a licensed real estate broker acting in the interest of the: ( ) Seller as a (check relationship below) (X) Buyer as a (check relationship below)

( ) Seller’s agent (X) Buyer’s agent

( ) Broker’s agent ( ) Broker’s agent

( ) Dual agent

( ) Dual agent with designated sales agent

If dual agent with designated sales agents is indicated above: ______ is appointed to represent the buyer; and ______ is appointed to represent the seller in this transaction.

I/We acknowledge receipt of a copy of this disclosure form:

Electronic signature of (X) Buyer(s) and/or ( ) Seller(s)

New York Customers – Broker Restrictions in New York

Any real estate broker, salesperson, agent, or similar state licensed licensed real estate professional (“Real Estate Agent”) any Content for its customer must first enter into a co-brokerage agreement with Listy Corp. We authorize the Real Estate Board of New York (“REBNY”) and/or REBNY Listing Service (“RLS”) brokers (and each of their duly authorized representatives) to access the Services for the purposes of verifying compliance with the provisions of these Terms, the Co-Brokerage Agreement between Listy Corp. and REBNY, or any other applicable RLS rules or policies or any other multiple listing system or real estate board to which Listy Corp. subscribes. We reserve the right to deny or terminate access to any Real Estate Agent except to the extent such Real Estate Agent is accessing the Services for the foregoing purposes. No person, including any Real Estate Agent, may market or make commercial use of the Content in any way, including, without limitation, advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Services.