Last Updated: February 27, 2025
Welcome to Listing! Please read these Terms of Service (&quo;Terms&quo;) carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using Listing's websites, applications, or other services (collectively, the &quo;Services&quo;), you agree to comply with and be bound by these Terms.
These Terms of Service are a legally binding agreement between you and Listing Systems, LLC (&quo;Listing,&quo; &quo;we,&quo; &quo;us,&quo; or &quo;our&quo;) governing your access to and use of the Services. By creating an account, accessing, or using our Services, you agree to these Terms.
We may modify these Terms at any time. If we make changes, we will provide notice as appropriate, such as by displaying a prominent notice within the Services or by sending you an email. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.
Listing provides online platforms on which property owners, landlords, or their representatives may list properties for rent, lease, or sale, and potential renters or buyers may search for and obtain information about such properties. While we facilitate connections between users, we do not own, operate, or control any of the properties listed on our Services.
You acknowledge and agree that Listing is not a party to any agreements entered into between property owners/landlords and renters/buyers, nor is Listing a real estate broker, agent, or insurer unless explicitly specified in writing. We have no control over the conduct of property owners, landlords, renters, buyers, or any other users of the Services, and disclaim all liability in this regard.
To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
By using the Services, you represent and warrant that:
You agree not to:
&quo;User Content&quo; means any content that users submit, post, upload, or otherwise make available through the Services, including property listings, descriptions, images, reviews, and comments.
You retain ownership of your User Content. However, by submitting or posting User Content on or through the Services, you grant Listing a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit your User Content in any manner and for any purpose, including for promoting and redistributing part or all of the Services in any media formats and through any media channels, without compensation to you.
You represent and warrant that:
We have the right, but not the obligation, to monitor and edit or remove any User Content provided on the Services for any reason without notice.
The Services may contain links to third-party websites, products, or services that we do not own or control. Listing does not endorse or assume any responsibility for any third-party sites, information, materials, products, or services.
If you access a third-party website, product, or service from the Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve Listing from any and all liability arising from your use of any third-party website, product, or service.
The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by Listing, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
These Terms do not grant you any rights to use Listing's trademarks, logos, domain names, or other distinctive brand features. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or delete your account through the settings in your profile.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN &quo;AS IS&quo; AND &quo;AS AVAILABLE&quo; BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
LISTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
LISTING MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, RESULTING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LISTING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL LISTING'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF (A) THE AMOUNTS YOU HAVE PAID TO LISTING FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR (B) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LISTING AND YOU.
You agree to defend, indemnify, and hold harmless Listing, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any User Content, your violation of any third-party right, or your violation of any law or regulation.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Listing agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, &quo;Disputes&quo;) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
CLASS ACTION WAIVER. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND LISTING ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes, as modified by these Terms. The AAA's rules are available at www.adr.org. The arbitration will be conducted by an arbitrator with substantial experience in resolving complex commercial contract disputes. The arbitration will be conducted in English and in the county where you reside.
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in King County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Entire Agreement. These Terms constitute the entire agreement between you and Listing regarding the Services and supersede all prior and contemporaneous written or oral agreements.
Waiver and Severability. No waiver by Listing of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Listing to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Listing without restriction.
Force Majeure. Listing shall not be liable for any failure to perform its obligations where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
If you have any questions about these Terms, please contact us at operations@listing.systems.