DISCLAIMER TO HOMEOWNERS AND BUYERS BY USING THIS SERVICE: YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT, BROKER, OR PROPERTY MANAGER. ALSO, BY USING THIS SERVICE, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS, ADVERTISERS, OR OTHER THIRD PARTIES. THE COMPANY IS AN INDEPENDENT WEB-BASED PROVIDER OF REAL ESTATE-RELATED DIRECTORY SERVICES AND CONTENT AND DOES NOT CONTROL OR SUPERVISE ANY SUCH AFFILIATES, AGENTS, BROKERS, VENDORS, ADVERTISERS, OR OTHER THIRD PARTIES, AND THE COMPANY IS NOT RESPONSIBLE FOR THEIR ACTIONS.
This legal agreement (herein “agreement”) between you (herein “you” or “seller”) and ListWizer.com (herein “Listwizer”, “us”, “we”, or “our”) should be read carefully before using our Website and/or mobile application (herein “Service”).
ListWizer is a DBA (Doing Business As) of The Property Search Site Inc, a corporation registered in California, with a business office located at 10880 Wilshire Boulevard, Suite 1101, Los Angeles, 90024 owned by a Licensed Real Estate Agent in California, License BRE#01952035.
The ListWizer Web Site is comprised of various Web pages operated by ListWizer. The ListWizer Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. This agreement applies to all visitors, users, and others who access or use the service. If you don’t agree with the terms and conditions of this Website, then we ask that you please leave this Website. However, if you do use this Website, your use operates as an acceptance and agreement that you are bound by the terms and conditions of this Website.
You agree not to enter or use the Service for any purpose that is not expressly permitted by these terms and conditions or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts, and licenses regarding your use of the service including, without limitation, those applicable to the internet, e-mail, privacy, copyrights, trademarks, and data.
If you provide any information to us, you agree to provide only true, accurate, current, and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process, and transfer such personally identifiable information, and you assume all responsibility for dissemination and use of the information provided.
Listwizer is operated in compliance with all federal and state housing laws.
Modifications to the Website and Terms and Conditions
You agree and acknowledge that Listwizer is entitle to and may modify or terminate the terms and conditions of this Website and associated referral service at any time without notice to you. However, Listwizer will notify you in advance of any significant changes in our services to provide you with the option of discontinuing the use of our Website and referral services. Your continued use of the Website and their referral services after the period listed in the notice indicates agreement and acceptance of the new terms and conditions.
We may modify these terms and conditions at any time by updating this posting. If we do so, we’ll also update the effective date at the top of this page. We encourage you to check the Website regularly to ensure you are aware of the current terms.
Terms for Sellers and Buyers of Real Estate
When you submit information to this Website, you agree and authorize Listwizer to share this information with one of the professional real estate agents or brokers associated with Listwizer to make a match. You also agree and consent to being contacted by Listwizer’s real estate professionals either by e-mail, telephone, mail, or any other reasonable means of communication, including autodialed phone calls, text messages, and prerecorded messages from Listwizer and its partners, on any landline or cell phone number provided to Listwizer, even if such number is on a Do Not Call list and even if charges are incurred for the call or text. You understand that consent to receiving such communications is not a condition of receiving Listwizer’s services and that you can call 1-818-533-2353 for services should you choose not to receive such communications.
You are obligated to provide information that is accurate and complete so that Listwizer can provide you with a real estate agent that is suited for the potential transaction and Listwizer reserves to the right to terminate anyone who provides false, inaccurate, or misleading information.
LISTWIZER IS MERELY A REFERRAL SERVICE. All terms and conditions between a home seller or buyer and a real estate professional is governed by a separate legal agreement that does not involve Listwizer and is solely between the homeowners or buyers and the real estate professional. Listwizer does not endorse, validate, or recommend any legal agreements between homeowners and buyers and real estate professionals. Please consult your own attorney for this type of work.
Even though your participation in this referral service may be voluntarily terminated by you or Listwizer at any time with written notice, any referrals that Listwizer may have with a real estate professional prior to termination are still effective.
You agree that Listwizer may make a digital recording of any telephone calls with Listwizer or one of Listwizer’s real estate professionals for the sole purpose of providing quality assurance.
Listwizer intends that the information contained on our Website be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Website and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
Marketing statements or assertions made by Listwizer on this Website related to the amount of savings a homeowner might obtain through use of our services are premised upon mathematical assumptions and hypotheticals that may not be applicable to every situation. Any such statements or assertions made on this Website regarding the “savings” or “average savings” of a homeowner are based upon Listwizer’s own internal analysis of home sales and commission data, may not be universally accurate, and are only intended to illustrate the financial distinction between use of the “discount” real estate agent model versus use of the traditional real estate agent model (as explained on our Website). Homeowners and buyers should inquire with their real estate brokers or agents about the potential savings they could receive by using our services.
LINKS TO THIRD PARTY SITES
This Website may contain third party advertisements and links to third party sites. Listwizer does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by the third parties. Third party advertisements or links to other sites where goods or services are advertised are not endorsements or recommendations by Listwizer of the third-party sites, goods, or services. Listwizer takes no responsibility for the content of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
These terms and conditions and all matters arising out of or in connection with the Website and/or terms and conditions shall be governed by and interpreted according to the laws of the State of California (without applying the state’s conflict-of-law principles).
Any dispute arising out of or connected with this Website and/or these terms and conditions not resolved amicably between you and Listwizer shall be resolved exclusively by binding arbitration as follows. You agree to give up your right to go to court to sue or seek relief from us.
Arbitration shall take place in the City of Los Angeles, California, and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties.
The party asserting the dispute (the “Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (the “Respondent”).
If the Petitioner and Respondent are unable to resolve the dispute within 15 days following the receipt by the Respondent of the above notice, arbitration shall commence upon the delivery by the Petitioner to the Respondent of a petition complying with the Arbitration Rules of the American Arbitration Association (the “Rules”) and setting forth at a minimum (i) the acts or omissions complained of, (ii) the section(s) of the terms and conditions breached or otherwise involved, and (iii) the relief sought. The Respondent shall respond to such petition in conformity with such Rules and a counterclaim shall be permitted if timely filed and served.
The arbitration shall be conducted by a single arbitrator in conformance with such Rules except that (i) the Petitioner and Respondent may provide any instructions to the arbitrator(s) which deviate from such Rules as the Petitioner and Respondent may mutually agree, and (ii) unless the Petitioner and Respondent mutually agree otherwise, they shall have the right to conduct discovery in any manner and to the extent authorized by the Federal Rules of Civil Procedure as interpreted by the Federal courts in the Eastern District of Missouri.
If the Petitioner and Respondent are able to agree upon a single arbitrator within 10 days following commencement of the arbitration, such individual shall serve as the arbitrator. If the parties cannot mutually agree upon the selection of an arbitrator within 10 days following commencement of the arbitration, the arbitrator shall be selected in accordance with the rules of the then effective Commercial Arbitration Rules of the American Arbitration Association.
With respect to any award in arbitration, the arbitrator: shall issue an award in writing which (A) sets forth findings of fact, (B) resolves each specific claim, (C) attaches a reasoned opinion, and (D) is signed by the arbitrator; may compel specific performance by the Petitioner or the Respondent of his or its respective obligations under the terms and conditions or award injunctive relief to restrain any breach of the terms and conditions by a Petitioner or Respondent, in each instance without the necessity of the Petitioner (A) alleging or proving damages as a result of the breach, or (B) posting any bond; provided, however, seeking or obtaining equitable relief shall not preclude a party to the arbitration from also seeking or obtaining an award for money damages in the arbitration; and shall equitably allocate between the Petitioner and Respondent all (A) administrative fees and expenses of the arbitrator(s) and the arbitration, and (B) fees (including reasonable legal fees) and expenses incurred by the prevailing party in the arbitration.
Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.
Class Action Waiver / Venue
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you will resolve any disputes or claim with Listwizer on an individual basis, and that any claims arising out of or in connection with the Website and/or terms and conditions will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree not to participate in any consolidated, class, or representative proceeding brought by any third party arising out of or in connection with the Website and/or terms and conditions.
If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration.
For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the Eastern District of Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in St. Louis County, Missouri. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the ListWizer Web Site are: COPYRIGHT 2019 by ListWizer and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
You agree not to engage in the following prohibited activities: (a) engaging in activities or submitting materials that could be harmful to minors; (b) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) engaging in activity or submitting materials that harass or advocate harassment of another person; (d) engaging in activity, or submitting materials, or promoting information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; and (e) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Website users, including names, phone numbers, addresses, and email addresses without their consent; (f) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware; (g) submitting materials that display pornographic or sexually explicit content of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; submitting materials that contain restricted or password only access pages, or hidden pages or images; (i) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (k) using any robot, spider, cancelbot, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Website or for any other unauthorized purpose without our prior written consent; (l) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website; (m) taking any action that imposes an unreasonable or disproportionately large load on the Website or our hardware and software infrastructure or that of any of our licensors or suppliers, (n) use any of its trademarks as metatags on other websites; (o) use the service in any manner that is illegal or impairs the operation of the service or its availability or usage by others; (p) display any part of the service in frames (or any content via in-line links); and/or (q) decompiling, reverse engineering, or disassembling the software or attempting to do so.
ListWizer has no obligation to monitor the Communication Services. However, ListWizer reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
ListWizer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ListWizer ‘s sole discretion.
Indemnification. You hereby agree to indemnify and hold harmless Listwizer and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by any Indemnified Party in connection with any claim arising out of (a) any claim that any claim that you misappropriated, infringed or otherwise violated any privacy or trademark, copyright, or other intellectual property right of any third party and/or (b) any breach, or alleged breach, of any of the terms and conditions of this Website by you.
Disclaimer of Warranties. You expressly acknowledge and agree that your use of the Website and associated referral service is at your sole risk. This is provided on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis. Listwizer makes no representations or warranties relating to the Website and associated referral service including, without limitation, representations or warranties that (a) the Website and associated referral service shall meet your requirements, (b) the operation of the Website and associated referral service will be uninterrupted or error free, (c) the Website and associated referral service will be secure; or (d) any defects in the Website and associated referral service will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTUALLY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT ACTUALLY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTUALLY FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT SHALL LISTWIZER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE TERMS AND CONDITIONS OF THIS WEBSITE AND ASSOCIATED REFERRAL SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF ACTUALLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Listwizer’s total liability to you for any damages arising out of or in any way connected with the Terms of Service or the Service, whether for breach of contract, in tort or otherwise, exceed ten dollars ($10).
You have no obligation to work with Listwizer Real Estate to buy or sell a home and you can terminate your account at any time.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the agreement, which may result in immediate termination of your account on our service.
You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Any information you obtain from the Listwizer Real Estate Website is intended for your personal, non-commercial use. You will not copy, redistribute, or retransmit any of the information provided except in connection with your personal home search.
We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the agreement.
All provisions of the agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service.
You agree to indemnify and hold harmless The Listwizer Real Estate Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from your violation of the agreement. You also agree to indemnify and hold harmless the Listwizer Real Estate Parties from and against any and all claims brought by third parties arising out of your use of any service and the content you make available via the Service by any means, including without limitation through a posting, a link, reference to content, or otherwise.
Listwizer Real Estate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Listwizer Real Estate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ListWizer does not control or endorse the content, messages or information found in any Communication Service and, therefore, ListWizer specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ListWizer spokespersons, and their views do not necessarily reflect those of ListWizer.
MATERIALS PROVIDED TO ListWizer OR POSTED AT ANY ListWizer WEB SITE
ListWizer does not claim ownership of the materials you provide to ListWizer (including feedback and suggestions) or post, upload, input or submit to any ListWizer Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ListWizer, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ListWizer is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ListWizer ‘s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the ListWizer Web Site. Use of the ListWizer Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ListWizer as a result of this agreement or use of the ListWizer Web Site. ListWizer ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ListWizer ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ListWizer Web Site or information provided to or gathered by ListWizer with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ListWizer with respect to the ListWizer Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ListWizer with respect to the ListWizer Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
If any provision of this agreement is unlawful, void or unenforceable, then the unlawful, void or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of the terms and conditions shall remain in full force and effect.
Any feedback, comments, requests for technical support, and other communications should be directed to customer service at 1-833-2-LISTWIZER. Hours of operation are from 9:00 am to 5:00 pm, Central Time, Monday through Friday, excluding holidays.
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