Terms & Conditions

iListNow® WEB SITE AND ACCOUNT TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

iListNow ("iListNow") provides services with a growing list of tools and resources online to manage, list and promote the sale of property.

The following are the terms and conditions for access to this web site and use of account services. By signing up, signing in or by completing a payment transaction, you accept these terms and conditions.

1. Copyright and Trademark Information

Copyright © 2006-2009 iListNow - IlistNow Realty All rights reserved.

This web site, and the information which it contains, is the property of iListNow and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "iListNow" and the iListNow logo are registered trademarks of iListNow, under the applicable laws of the United States and/or other countries. Other iListNow product or service names or logos appearing in this Site are either trademarks or registered trademarks of iListNow and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of iListNow’s trademark or other intellectual property rights concerning that name or logo.

2. Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

1. Account services may only be used for lawful purposes.
2. You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the account services.

3. Account services and Support

Account services are provided subject to this Agreement, as it may be amended by iListNow, and any guidelines, rules or operating policies that iListNow may establish and post from time to time (this "Agreement"), including without limitation iListNow's customer Privacy Policy or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the iListNow.com website, or otherwise providing notice to you, iListNow may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the account services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Product or at iListNow's website. Account services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, acccount services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the account services. If you are using account services in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the iListNow sign up web page in order to use account services. You shall provide true, accurate, current, and complete information about yourself as requested in that sign up form.

4. Fees and Payment 5. Restrictions and Responsibilities 6. Termination

You may terminate this Agreement at any time by calling iListNow Customer Support. There are no refunds for any fees paid after the submission of your first listing.

iListNow may terminate this Agreement or the account services, restrict your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. iListNow shall have no liability to you or any third party because of such termination or action.

iListNow may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

If your account is classified (at iListNow's sole discretion) as inactive for over 120 days, iListNow has the right to permanently delete your subscriber data. iListNow will use good faith efforts to contact you via email prior to taking any permanent removal actions.

7. Warranty Disclaimer; Remedies

USE OF THE MEMBERSHIP SERVICES AND ANY RELIANCE BY YOU UPON THE MEMBERSHIP SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. ILISTNOW DOES NOT WARRANT THAT THE MEMBERSHIP SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MEMBERSHIP SERVICES. THE MEMBERSHIP SERVICES ARE PROVIDED "AS IS" AND ILISTNOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the account services shall be for iListNow to use commercially reasonable efforts to adjust or repair the account services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ILISTNOW OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "ILISTNOW") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ILISTNOW SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, ILISTNOW IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF ILISTNOW TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE MEMBERSHIP SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY ILISTNOW TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

9. Restricted Persons; Export of account services or Technical Data

You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the account services is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify iListNow within twenty-four (24) hours, and iListNow shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to iListNow.

You agree that you shall not utilize the account services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the account services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

10. Links to Third-Party Web Sites

This web site may contain links to non-iListNow web sites. These links are provided to you as a convenience, and iListNow is not responsible for the content of any linked web site. Any non-iListNow web site accessed from this web site is independent from iListNow, and iListNow has no control over the content of that web site. In addition, a link to any non-iListNow web site does not imply that iListNow endorses or accepts any responsibility for the content or use of such web site.

11. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by iListNow of that third party or of any product or service provided by a third party.

12. Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting iListNow and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, iListNow maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

13. Open Positions on Career Pages

iListNow may list open employment positions on this web site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this web site or made available through this web site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.

14. Username and Password

You are responsible for maintaining the security of your account, passwords, and files. iListNow will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. iListNow has no knowledge of your organizational structure, if you are registering for the account services as an entity, or your personal relationships, if you are a person. iListNow shall not be responsible for the actions of any individuals who misuse or misappropriate your contact information or other assets using your username and password.

15. Miscellaneous Additional Information

If you have any questions about the rights and restrictions above, please contact iListNow by email at iinquiries@ilistnow.com.

Copyright ©2006-2009, iListNow - iListNow Realty All Rights Reserved.