INTRODUCTION
Welcome to the Listillio (“Listillio”) website (“Site”). It is imperative that you peruse these Terms of Use diligently prior to exploring any component of the Site. Your access to, and usage of the Site, inclusive of the resources and details accessible on and from the Site, signifies your acceptance to abide by these Terms of Use, including any future modifications that may be implemented as defined henceforth.
For a broader comprehension of the regulations governing the Site, you should also examine Listillio’s Privacy Policy, and for California residents, Listillio’s Privacy Notice for California Residents. If these Terms of Use do not align with your perspective, you are prohibited from accessing or utilizing the Site. Each time you use the Site, you confirm your acceptance of the current Terms of Use.
If you choose not to abide by these Terms of Use, you must cease using the Site.
1. LICENSE AND USE RESTRICTIONS
1.1 Subject to the stipulations of this Terms of Use, Listillio grants you a non-exclusive, non-transferrable, limited license to access and utilize the Site and the data Listillio makes accessible to you (“Licensed Materials”) in order to (i) promote your personal services to your clients and potential clients, (ii) facilitate your respective property transactions, and (iii) contribute to the training and support of other authorized Listillio users.
1.2 Listillio’s provision of license under Section 2.1 is contingent upon your guarantee that you will not offer or provide products comprising any Licensed Materials or information derived therefrom to the general public or others for sale or otherwise including via unrestricted access to any website, newsletter, advertisement, or other communication. You are to only make the Licensed Materials or information derived therefrom available in a manner that aligns with your access level as per the Listillio Authorized Website User Access Policy, given that (a) all use of the Licensed Materials and all products and materials derived therefrom is on an “AS IS”, “AS AVAILABLE” basis; (b) Listillio and its licensors will not be liable for any claim or loss resulting from the content of, errors or omissions in, or the end user’s use of the information contained in or retrieved from the Licensed Materials; and (c) any usage of the Licensed Materials is subject to these Terms of Use.
1.3 Utilizing the Licensed Materials in products or services intended or sold for any purpose other than explicitly specified in Section 2.1 is specifically exempted from the license provided in these Terms of Use and necessitates the prior written consent of Listillio. The rights granted under these Terms of Use distinctly omit the right to: (a) directly or indirectly, sell, distribute, sublicense, create marketing/lead generation lists, or make derivative works of any of the Licensed Materials, or any portion thereof, in bulk to any person or entity without the prior written consent of Listillio; and (b) provide the Licensed Materials to any party for commercial resale or for any purpose other than such party’s internal use.
1.4 It is your sole obligation to ensure your usage of the Licensed Materials complies with all federal, state, and local laws and regulations.
1.5 You agree to maintain the confidentiality of the log-in password(s) linked with accessing the Site. The security of your username and password is your sole responsibility. If you suspect your username or password is being exploited, you agree to contact Listillio at [email protected].
1.6 Without the explicit written consent of Listillio, no segment of the Site may be reproduced, duplicated or copied. You are prohibited from reverse engineering or decompiling any of the software or algorithms available on the Site. This license does not comprise the right to grant access, directly or indirectly, to any third party.
1.7 Systematic retrieval of information from the Site is strictly prohibited. Listillio retains the right to enforce limitations on the volume of information that can be provided to you.
1.8 The license in Section 2.1 includes the “Mailing Labels” functionality offered by Listillio, through which you may export property information to create mailing labels for lead generation and marketing purposes. You are permitted to export property information for up to 2,000 properties per month. Compliance with the necessary federal, state, and local laws and regulations is your sole responsibility.
2. ASSURANCES
2.1 Listillio guarantees that the Licensed Materials will be as current and comprehensive as can reasonably be achieved through the source data licensed by Listillio in its regular business operations. You acknowledge and accept that: (a) you are utilizing the Site at your own risk; (b) availability, completeness, and format of data differ across counties; and (c) the existence of specific data does not necessarily guarantee its completeness or accuracy. You may alert Listillio to alleged inaccuracies in the Licensed Materials, and Listillio will, if feasible, rectify these errors following an investigation.
2.2 Any property valuation provided via the Site is computer-generated, using proprietary software to compile public property records and proprietary data. These valuations are not prepared, evaluated, or reviewed by licensed, professional appraisers, and should not be relied upon as an appraisal report of the market value of the subject property by a licensed professional appraiser.
2.3 UNLESS OTHERWISE EXPRESSLY DECLARED HEREIN, THE LICENSED MATERIALS AND THEIR MEDIUM OF DELIVERY ARE SUPPLIED TO YOU “AS IS”, AS AVAILABLE, AND LISTILLIO SPECIFICALLY DISAVOWS ALL WARRANTIES, EXPRESS OR IMPLIED, PERTAINING TO THE LICENSED MATERIALS AND THEIR MEDIUM OF DELIVERY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE. LISTILLIO OR ITS EMPLOYEES OR REPRESENTATIVES’ ORAL OR WRITTEN ADVICE OR INFORMATION DOES NOT CREATE A WARRANTY NOR EXTEND THE SCOPE OF ANY WARRANTIES HEREIN.
3. LIABILITY LIMITATIONS/INDEMNIFICATION
3.1 Unless expressly stipulated in these Terms of Use, Listillio, any company affiliated with Listillio, or any officer, director, employee, agent, subcontractor, successor or assign of Listillio or such company will not be held accountable for any loss, injury, claim, liability or damage of any kind resulting from (a) inaccuracies or omissions in Licensed Materials, (b) your use or any third party’s use of Licensed Materials provided by you, or (c) the content of Licensed Materials provided by Listillio via the Site under these Terms of Use.
3.2 Your sole remedy for any dispute with Listillio (including but not limited to your use of the Licensed Materials) is to cease your use of the Site. To the maximum extent permitted by applicable law, you waive, disclaim, and release Listillio, its parent company, any subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns, from all claims (including, but not limited to, claims for actual, direct, indirect, incidental, consequential, punitive, exemplary damages, attorney’s fees, and costs, or claims for interest, even if Listillio is advised of the possibility of such damages), arising from or related to your access to (or inability to access) the Site or the use of any material or information contained on or provided through the Site and under these Terms of Use.
3.3 You agree to defend, indemnify, and hold Listillio, its licensors, and their respective directors, officers, employees, and agents harmless from and against all claims, liabilities, losses, damages, obligations, costs, and expenses, including, without limitation, attorney’s fees, arising out of or related to: (a) your access to the Site, (b) your use of the Licensed Materials in violation of these Terms of Use, (c) any actual or alleged violation or breach by you of these Terms of Use, (d) any actual or alleged breach of any representation, warranty or covenant that you made to Listillio, and (e) your acts or omissions, including, without limitation, the infringement or other violation by you of any intellectual property or other right of any person or entity. Listillio reserves the right, at its own expense and at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
4. INTELLECTUAL PROPERTY
4.1 The Listillio trademark and the arrangement of content on the Website belong solely to Listillio. All associated rights, including any applicable copyright, belong to Listillio.
4.2 You acknowledge that considerable time, effort and resources have been expended by Listillio to compile the Licensed Materials. Ownership of the Licensed Materials will at all times remain with Listillio, and your rights are limited to those granted in these Terms of Use.
4.3 Listillio permits you to use its name, logo, links, and brand in connection with the products and services provided to you as an authorized user of Listillio. You must not alter or remove these marks from any Licensed Materials.
4.4 Listillio has agreements with third party licensors that may require the display of the licensors’ brand marks or copyright notices on certain content. You must not alter or remove these marks from any Licensed Materials.
5. PRIVACY AND DATA COLLECTION
5.1 You must comply with the Privacy Policy on the Listillio Website and all applicable privacy and information security laws, including but not limited to, security breach notification laws. Browser cookies, including third-party cookies, are required to access the Website. As a result of using the Website, Listillio may collect usage data from you in accordance with the Privacy Policy and may use such data for internal purposes and for incorporation into Listillio’s products and services.
6. USER GENERATED CONTENT
6.1 Listillio may grant you the ability to revise information related to properties displayed on the Website (User Generated Content). By posting User Generated Content to the Website, you grant Listillio a nonexclusive, perpetual, irrevocable, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate, and create derivative works of the User Generated Content for any purpose in any form, medium, or technology now known or later developed. Listillio is not responsible and cannot be held liable for any User Generated Content.
7. TERMINATION
7.1 Listillio may restrict, suspend, or terminate your access to the Website at any time, for reasons including, but not limited to, violations of these Terms of Use or unauthorized use of the Licensed Materials.
8. ARBITRATION
8.1 The parties will attempt to settle any claim or dispute arising out of or relating to these Terms of Use. If settlement cannot be reached within thirty (30) days from the notice of the claim, the claim will be settled by binding arbitration conducted before a single arbitrator who is knowledgeable in commercial law and information/database licensing practices. Each party will bear its own costs and expenses, including counsel fees and expenses, associated with the arbitration. The arbitrator will not be empowered to award punitive damages except for willful misconduct.
8.2 This provision does not prohibit either party from instituting an action for or obtaining an equitable remedy.
9. CONFIDENTIALITY
9.1 You will be responsible for maintaining the confidentiality of the Licensed Materials subject to the authorized uses set forth in these Terms of Use.
10. UPDATES AND REVISIONS TO TERMS OF USE AND SITE
10.1 Listillio reserves the right to modify or discontinue, temporarily or permanently, the Website at any time. Listillio may also update or revise these Terms of Use at any time, and you agree to be bound by such updates, modifications, and/or revisions. You are responsible for regularly reviewing these Terms of Use to ensure compliance.
11. INJUNCTIVE RELIEF
11.1 You acknowledge that any unauthorized use of the Licensed Materials or violation of these Terms of Use would cause irreparable harm to Listillio for which there would be no adequate remedy at law. Accordingly, you agree that in the event of any such violation, Listillio will be entitled to immediate injunctive relief against you, in addition to any other rights and remedies it may have by law