Last Updated: October 1, 2018
Listleasesell Privacy Statement:
Listleasesell, a brand owned by RCRE (collectively “Listleasesell’, “we”, “us” or “our), provides this Privacy Statement that covers the website http://www.Listleasesell.com. By accessing, using or registering with Listleasesell website, you accept and agree to Listleasesell Privacy Statement. Listleasesell provides a variety of online services for commercial real estate professionals. Listleasesell values your privacy, feedback and candor very highly. Any user information we collect is considered private and we do not use it or share it except as permitted herein, without the user's permission. We use this personal information at Listleasesell to provide the best quality service possible. The following privacy statement summarizes Listleasesell protection and use of any personal information provided by visitors to the Listleasesell site.
This statement does not apply to any public area of Listleasesell website or services. In the event you submit personal information to contact another member, contact a lister about a listing, create a listing, add a contact on a listing, Professional Directory, Listleasesell Profile, such information becomes publicly available and Listleasesell is not responsible for the personal information you choose to submit to these services, forums, listings, or persons.
Information Collected by Listleasesell:
Listleasesell collects user information from several areas of the Listleasesell site including the 'New Member Registration' area (where Listleasesell collects each user's name, street address, telephone number, email address, and self-selected primary role in real estate); products; business services; the adding and editing of property listings; email forms; and any surveys or contests that Listleasesell may sponsor. Listleasesell collects individual user search activity for statistical, archival, and business purposes. Listleasesell collects financial information (such as billing address) for billing payment and credit card authorization purposes. Listleasesell may track the IP address of a user's computer or place a "cookie" in the browser files of a user's computer. This is required by Listleasesell services to provide automated features.
Use of Information Collected:
Collected information helps Listleasesell better understand its users' needs in order to improve its product and service offerings. Email addresses are used to communicate with members through Listleasesell weekly (a weekly email news summary), Promotional emails, Partner emails and for site administration purposes. Users may be deleted from Listleasesell weekly, Promotional email and Partner email lists at their request. Personal information may be used to contact users for the purpose of research, product development, marketing, or customer service, if the user has opted to receive such communication. User search activity is collected and analyzed and may be utilized by Listleasesell in the aggregate or in the abstract for a variety of business purposes. Financial information is used to bill users for products and services purchased. Except as otherwise stated herein, this information is not shared with anyone outside of Listleasesell. We do not collect your credit card information as your credit card information is provided by you directly to our third party payment processing vendor. IP address and cookie log data is analyzed to better understand traffic flows and user preferences. Listleasesell may retain the data it collects indefinitely. You may have your personal information deleted or deactivated by sending an email to privacy@Listleasesell.com. You may be asked to confirm your identity. You will receive a response within 10 business days.
Use of Email Tools:
You may NOT use the Contact Listing Broker, Send to Friend service or other email services that we offer to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate Listleasesell Terms and Conditions. We may monitor, track or save the use of this feature, but will be under no obligation to monitor, track or save these email messages sent from these tools. If you send an email using the Send to Friend service to an email address that is not registered in our system, we do not use that email address for any purpose other than to send your email, and for us to automatically send your friend a one-time email inviting him or her to visit the site. Listleasesell stores this information for the sole purpose of sending this one-time email and for tracking the success of our referral program. We also do not rent or sell these email addresses of un-registered users.
Your friend may contact us at email@example.com to request that we remove this information from our database.
We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.
These companies are authorized to use your personally identifiable information only as necessary to provide these services to us.
Though Listleasesell makes every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request served on our website and to any other third party with your prior consent to do so.
Listleasesell shares member information in the following areas on the site: Listing Service, Email Alerts and Professional Directory. When a member enters a sale or lease listing in the Listing Service, listing contact information is also entered. During this process, the listing submitter is able to view other members' contact information when he adds another contact beside himself to the listing. In addition, members searching Listleasesell can view contact information (name, email and phone number) when they view a property listing profile. Listleasesell allows users to share contact information with one another via its Email Alerts service. With Email Alerts users can save their property search criteria to have information about properties that match the specified criteria emailed to them. When selecting this service, users are given the option of releasing their contact information to other users who have property listings that match their criteria. This contact information is then shared with the users who have property listings that match the buying or leasing criteria. Unless required by law as detailed in this section or a user specifically takes action as discussed in this paragraph, Listleasesell does not share individual user search activity information and such activity information remains private to the individual user and to Listleasesell. Professional brokers agree to share their contact information and allow all Listleasesell users to view their contact information via the Listleasesell Professional Directory or via links made available to users on a listing or in an email. Listleasesell users Listleasesell shares information with its partners for the purpose of providing related services in which we deem our users have interest. The use that Listleasesell partners make of customer information will not exceed Listleasesell use of the data. Key billing information (such as credit card number, expiration date and dollar amount) gathered from users making online purchases of products or services is provided directly to our credit card processing partner, in order to authorize charges to the credit card. Listleasesell also uses third party providers to perform email and postal mailings on behalf of Listleasesell, but this information (such as name, address and email) is confidential and is not used by the provider for any other purpose.
Listleasesell does not rent or lease user information to any third party, except as disclosed here. From time to time, Listleasesell may obtain information (such as electronic mail addresses) from third party providers. It is our goal to only contact individuals who we believe may have a legitimate business interest in Listleasesell based on their membership or participation in other organizations or websites, and who have indicated a willingness to be contacted for this purpose. While Listleasesell endeavors to work with other sites and companies with a similar respect for user privacy, Listleasesell cannot be responsible for the privacy practices of other sites.
Please be aware that Listleasesell was recently acquired by RCRE Group, Inc. ("RCRE"), and as a result all Listleasesell customer information, including personal, company and listing information, has been and will be shared with RCRE and its affiliates. Please be aware that in the event RCRE and/or Listleasesell merges with a third party, or in the event all or substantially all of RCRE's and/or Listleasesell assets are acquired by a third party, customer information, including personal, company and listing information, will be shared and/or transferred to such third party. The information may only be used or shared by such third parties for the primary purpose for which the information was originally collected. If such third parties, or if Listleasesell for its own business needs, desire to use the personal information for another purpose, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information prior to the information being used for a new purpose, and you will have the opportunity to opt out of such new use of your personal information.
Security of personal information:
Listleasesell clients and their personal information are considered to be Listleasesell greatest asset and thus their privacy is treated with the utmost regard and respect. Listleasesell takes every reasonable precaution to secure personal information within both its computers and its physical premises.
The security of your personal information is important to Listleasesell. When you enter sensitive information on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our website, you can email us at privacy@Listleasesell.com.
Cookies and Tracking Technologies
Technologies such as: cookies, beacons, tags and scripts are used by Listleasesell and our advertising and ad retargeting partners, affiliates, analytics or service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We do not link this automatically collected data to other information we collect about you.
We use Local Storage (LS) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LS such as HTML 5 to collect and store information.
Various browsers may offer their own management tools for removing HTML5 LS.
We post customer testimonials on our website which may contain personal information such as the customer's name. We do obtain the customer's consent to post their name along with their testimonial prior to any posting of such testimonial. To request removal of your personal information from these testimonials, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Social Media Widgets
Our website includes Social Media Features, such as the Facebook Like button (and Widgets, such as the Twitter button or interactive mini-programs that run on our site). These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy statement of the company providing it.
Collection and Use of Third Party Personal Information
You may also provide personal information about other people, such as their name, physical address, email address and etc. This information is only used for the sole purpose of completing your request or for whatever reason it may have been provided.
Public Member Directory
We will list you in our publicly accessible member directory. If you wish to request removal of your information from our directory, you can contact us at email@example.com.
You can import contacts from your Outlook or other email account address book to invite them to become members of our site. We collect the username and password for the email account you wish to import your contacts from and will only use it for that purpose.
Links to 3rd Party Sites
Our Site includes links to other websites whose privacy practices may differ from those of Listleasesell. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
Opting-out, editing, updating or deleting personal information:
Listleasesell utilizes email as a vital and primary communication channel with registered users and customers. As a registered user/customer, you hereby acknowledge and grant Listleasesell the permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes Listleasesell determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Listleasesell will use best efforts to honor customers request to opt out of marketing messages, but under no circumstances will Listleasesell have any liability for sending any email to its registered users/customers.
Users who do not wish to receive marketing emails including Listleasesell weekly, Listleasesell Promotional Emails, or Sponsor Emails are requested to contact Listleasesell Client Services via email, or select the opt-out option by deselecting the email option from their member profile. We also send our users site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about service notices and responsibilities. Listleasesell occasionally communicates with its users via email and phone to provide information about requested services and regarding issues related to their account. It is important to note that this communication is not used for marketing or promotional purposes. Requesting the deletion of certain types of user information may prevent users from accessing some website features.
If your personal information changes, or if you no longer desire our service, you may correct, delete or update your personal information by making the change on your member profile page or by emailing our Customer Support at firstname.lastname@example.org
Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the Listleasesell website at email@example.com three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with Listleasesell. If Customer has a question about a cancellation, Customer should contact Listleasesell Client Services at Listleasesell@gmail.com or at 909-449-9234. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at firstname.lastname@example.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Listleasesell may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice (including via fax), or through posting of such notice on our website, as determined by Listleasesell in our sole discretion. Listleasesell reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described herein. Listleasesell is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add email@example.com to your email address book to help ensure you receive email notifications from us.
Global Privacy Considerations
Personal information collected by Listleasesell may be stored and processed, if applicable, in the United States. When you provide personal information to Listleasesell, you consent to the processing, if applicable, and transfer of your information within the United States. We follow applicable data protection laws when transferring personal information.
European Privacy Rights
Listleasesell will process, if applicable, your personal information for the legitimate interests of Listleasesell, or, when needed, with your explicit consent. If you have provided consent for the processing of your personal information, you have the right to withdraw consent at any time, which will not affect the lawfulness of the processing before your consent was withdrawn. You have the right to request access to and rectification or erasure of your personal information, as well as the right to restrict processing, object to processing, and under certain circumstances the right to data portability. You may do so by contacting privacy@Listleasesell.com. You have the right to lodge a complaint with a data protection supervisory authority if you believe that we have not complied with the requirements of the General Data Protection Regulation with regard to your personal information.
Changes to this Privacy Statement:
If Listleasesell decides to change its privacy statement, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
Listleasesell reserves the right to modify this privacy statement at any time, so please review it regularly and frequently. If Listleasesell makes material changes to this statement, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective.
General Terms and Conditions
The submission of information to ListLeaseSell.Com (as defined below), access to, and use of the ListLeaseSell.Com website (located at www.ListLeaseSell.Com.com), and the real estate information services provided thereon (collectively, the “Service”) is subject to the following contractually binding terms and conditions (the “Terms and Conditions” or the “Agreement”).
If you are viewing, using, or accessing the Service for free, you are a “User.” If you are viewing, using or accessing the Service under a paid or Premium subscription, you are a “Customer.” These Terms and Conditions refer to Users and Customers collectively as “You.” No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the ListLeaseSell.Com website without express written permission from ListLeaseSell.Com. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of ListLeaseSell.Com, RCRE Realty Information, Inc. or any of its affiliates, including without limitation any company owned or operated by RCRE(collectively, “ListLeaseSell.Com” or the “Company”) or acting on behalf of a competitor of ListLeaseSell.Com in registering for or accessing the Service.
Membership privileges are granted by ListLeaseSell.Com to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of ListLeaseSell.Com. By completing the registration process You become a “Member,” and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the ListLeaseSell.Com system. Members are not permitted to share their individual login information with others. ListLeaseSell.Com has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, the Listing Policies as posted and displayed on the ListLeaseSell.Com website, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Basic Member. Users and Basic Members may search using the Service, and will receive access to the available advertised properties matching the designated search parameters. A Basic Member may also list properties on the Service, but those listings will only be able to be fully accessed and viewed in the search results generated on the Company’s www.costar.com site.
ListLeaseSell.Com utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant ListLeaseSell.Com the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes ListLeaseSell.Com determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. ListLeaseSell.Com will use best efforts to honor Member’s request to opt out of marketing messages, but under no circumstances will ListLeaseSell.Com have any liability for sending any email to its Members. By becoming a Member, you acknowledge and agree that the Company may record telephone and other electronic communications it has with you for their internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Members may submit to ListLeaseSell.Com property descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact or other information (collectively, the “Submitted Content”) for each listing in ListLeaseSell.Com. By submitting a listing, Member represents, warrants and agrees that (a) You own or have the full right, power and authority to grant to ListLeaseSell.Com use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to ListLeaseSell.Com; (b) Your license of such content to ListLeaseSell.Com hereunder does not, and the use or license of such content by ListLeaseSell.Com to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and (d) You will fully indemnify the Company against any and all damages or other losses, and any related attorney’s fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with Your Submitted Content, including without limitation as a result of any claim brought by a third party in connection with Your Submitted Content, whether or not such claim prevails. With respect to all Submitted Content You have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, ListLeaseSell.Com acknowledges that you retain any applicable ownership rights that You may have with respect to the Submitted Content. You nonetheless grant ListLeaseSell.Com and its affiliates (including other RCRE companies) and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Member further acknowledges and agrees that ListLeaseSell.Com may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by ListLeaseSell.Com and its affiliates, including other RCRE companies). Member agrees not to submit any Submitted Content to ListLeaseSell.Com unless Member has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on Member’s website and ListLeaseSell.Com’s website. Specifically, Member will not submit a photograph if Member received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the ListLeaseSell.Com website. Members may only submit videos personally created by them or their direct employees or via ListLeaseSell.Com’s service. Members may not upload or otherwise submit videos created or produced by third-party video tour providers. Where Member’s listing incorporates content provided by ListLeaseSell.Com or its affiliates, such as property photos or other images or information (collectively, “ListLeaseSell.Com Materials”), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such ListLeaseSell.Com Materials strictly in connection with Member’s ListLeaseSell.Com listing. All other rights to ListLeaseSell.Com Materials are expressly reserved. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Members who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the ListLeaseSell.Com website. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the ListLeaseSell.Com website and Company shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. Listings that are not modified or renewed within a 75-day period are automatically changed to “Off Market” and are no longer viewable on ListLeaseSell.Com.com. Member (a) represents and warrants that all properties and associated information provided by Member, including Submitted Content, will be accurate; (b) agrees not to post a property listing on the ListLeaseSell.Com marketplace under a name other than the individually named licensed real estate agent or agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner (shared accounts, e.g. firstname.lastname@example.org are strictly prohibited); (c) agrees to administer the properties provided by Member and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the ListLeaseSell.Com website. Member is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Member. While the Company will undertake reasonable efforts for data backup and business resumption, Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to ListLeaseSell.Com. ListLeaseSell.Com may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Member agrees that ListLeaseSell.Com may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings. Member accepts that this is a legitimate and lawful security precaution on the part of ListLeaseSell.Com, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.
Use of Information
You agree to treat all information obtained from the Service, including ListLeaseSell.Com Materials, listings, member directory, historical transaction information (“Property Comps”), and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to ListLeaseSell.Com. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of ListLeaseSell.Com. ListLeaseSell.Com does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.
Email addresses that a Member uploads to Marketing Tools are for Member’s use only; ListLeaseSell.Com agrees not to use a Member’s Marketing Tools contact list.
You shall limit access to, viewing of, and use of active property listings and broker directory information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the ListLeaseSell.Com Service as part of any effort to compete with ListLeaseSell.Com, including without limitation using the ListLeaseSell.Com Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential ListLeaseSell.Com customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the ListLeaseSell.Com Service. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy ListLeaseSell.Com products, services or information; decompile, decode or reverse engineer ListLeaseSell.Com software; or use ListLeaseSell.Com products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Members and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. ListLeaseSell.Com is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Nature of Customer's Business
If a Member or an affiliate of Member owns properties and intends to market them directly via the public ListLeaseSell.Com marketplace, ProspectList or Listleasesell link , such Member represents to ListLeaseSell.Com that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third-party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Customer agrees to pay for all products ordered through the ListLeaseSell.Com website or via the ListLeaseSell.Com sales team using the payment method indicated, and provides ListLeaseSell.Com express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of ListLeaseSell.Com products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, ListLeaseSell.Com may immediately cease to provide any and all Deliverables to the Customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At ListLeaseSell.Com’s option, Customer shall pay such taxes or fees directly or pay to ListLeaseSell.Com any such taxes or fees immediately upon invoicing by ListLeaseSell.Com. ListLeaseSell.Com is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. Customer loyalty or product bundle discounts are subject to cancellation. For yearly subscriptions, ListLeaseSell.Com may increase subscription prices annually, on the anniversary of the subscription’s start date, by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, Seasonally Adjusted, US City Average. To view your billing information, visit My Account. Monthly subscriptions will automatically renew using the Customer’s current credit card account number unless Customer or ListLeaseSell.Com cancels the subscription three (3) days prior to the renewal date. Customer cancellations should be made online via the “My Account” tab, once Customer has logged into www.ListLeaseSell.Com.com. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. No partial month refunds will be provided. Except as otherwise provided herein, all other member subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or ListLeaseSell.Com provides three (3) days’ advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer’s email account on record with ListLeaseSell.Com.
Gold, Platinum and Diamond Power Ad subscriptions may be purchased for 3-month, 6-month or 12-month initial terms. After the initial term, the Listing Tier will automatically renew for one month terms unless Customer or ListLeaseSell.Com cancels the subscription three (3) days prior to the end of the then-current term. A minimum 3 month term is required for all Power Ads. If Listing is moved off market or upgraded to a higher exposure tier by a listing contact, billing for that listing will automatically terminate end of month in which the Listing was moved except Power Ads within the first three months of term, which all billing shall automatically terminate end of initial 3-month term Power Ad exposure applies to the Listing ID upgraded; swaps are prohibited. Cancellations are effective at the end of the then-current term; no partial month refunds will be provided.
If Customer has a question about a cancellation, Customer should contact ListLeaseSell.Com Client Services at Help@ListLeaseSell.Com.com or at 888-567-7442. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “My Account” tab, once Customer has logged into www.ListLeaseSell.Com.com. ListLeaseSell.Com does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify ListLeaseSell.Com about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to ListLeaseSell.Com’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies. ListLeaseSell.Com reserves the right to discontinue the provision of all or any portion of the Deliverables, in which case (i) Customer shall only be responsible for paying fees associated with that portion of the Deliverables (if any) that continue to be provided after the effective date of such termination, and (ii) ListLeaseSell.Com shall refund any fees (if any) paid by Customer for provision of the discontinued Deliverables after the effective date of such termination.
ListLeaseSell.Com offers a paid subscription product for those Customers who primarily utilize the Service to actively list and market commercial properties available for sale and/or for lease (“Premium Lister” or “Premium Lister subscription” or “Premium Subscription”)A Customer who purchases a Premium Lister subscription is a “Premium Customer.” Premium Subscription privileges are granted by ListLeaseSell.Com to individuals exclusively and extend solely to the subscribing Premium Customer. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Customer. Moreover, a Premium Customer may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, sales person or similar commercial real estate professional, including without limitation those working for the same company or at the same place of business. A Premium Customer is prohibited from using Premium Lister to list properties on behalf of, or for the benefit of, other brokers or commercial real estate professionals working for the same company or at the same office. Such Customer of a Premium Lister subscription is permitted to list solely those listings for which he or she is the listing broker. Premium Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations. Under Premium Lister subscription, one (1) through ten (10) Premium Listing plans are available for purchase online; higher Premium Listing plans are available for purchase by calling (855) 858-3782. Any listing on which the Primary Contact is a Premium Lister and is within its plan will receive Premium exposure; listings above plan will receive exposure on the Company’s www.costar.com site. Customer acknowledges that ListLeaseSell.Com (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. ListLeaseSell.Com also has the right to refuse service to any Customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer’s listing activity on ListLeaseSell.Com.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the ListLeaseSell.Com Website prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
After adding a listing at the Standard exposure level, there will be an option to change current membership level to a Premium Lister with a Premium Listing plan which will provide Premium exposure for the listing. For all plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer’s subscription rate will be adjusted commencing with the next bill date. If Customer was above its plan, Service will upgrade the most recently created Standard Listings to Premium until Customer is within its plan. Premium Members may change current membership level to a lower Premium Listing plan by clicking to “Change Plan” under “My Account”. Membership change will take effect end of term for Premium Members in a quarterly or annual commitment. Once effective, service will downgrade the earliest created Premium Listing to a Standard Listing until Customer is within plan or there are no additional listings to downgrade. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. The company reserves the right to deactivate complimentary subscriptions granted to Premium Members if there is no search activity for the previous ninety (90) days.
Campaigns are available for purchase by Members for member advertising (Premium status not required) by contacting ListLeaseSell.Com Advertising Sales at (888) 567-7442. Searchers who click the advertisement can be directed to a lead form. Leads will be available for each campaign by clicking the ‘Leads’ link, accessible via ‘My Ads’. Pricing for each campaign will be determined by the number of available impressions (or views) advertiser desires for a given set of campaign targeting options, including property type, search type (for sale/for lease), and location (zip code). The number of impressions is calculated on the purchase date and remains guaranteed (up to the impression cap provided at campaign purchase) throughout commitment term. Advertising client (“Client”) acknowledges that the average views per month on ListLeaseSell.Com.com varies, therefore the number of views for a campaign will vary month to month. Campaigns are sold on a quarterly or annual commitment, billed to a credit card on a monthly billing frequency. Monthly invoicing is available when a minimum campaign value is met. All campaigns auto-renew for additional terms, equal to initial term, if price remains within ten percent (10%) of original campaign purchase price. If at renewal, market demand has increased the campaign price more than ten percent (10%), Client will be notified via email that the campaign has expired and Client will need to authorize campaign continuation at current market price. At any time, Client may request to cancel the campaign by calling ListLeaseSell.Com Advertising Sales at (888) 567-7442. Cancellation requests must be submitted three (3) days prior to the last day of the current campaign to effectively cancel the campaign at the end of term and avoid renewal. All cancellations are effective at end of the initial or renewal term and monthly billing will continue for the full commitment. There are no refunds or early terminations. There are five status phases to an advertising campaign:
1. Draft Phase - The campaign is reserved but the creative is not live. Billing commences at this time and continues until the campaign is canceled at the end of any campaign term.
2. Active Phase - Ad is published by Client
3. Paused Phase - Advertisement is paused by Client after Client contacts a ListLeaseSell.Com Advertising Representative. Monthly billing continues for full commitment period, with no refund or additional impressions due, for reserved inventory that in the Paused Phase.
4. Suspended Phase - Client suspends advertisement so it is not live on ListLeaseSell.Com, but billing for full commitment period will continue with no refund due.
5. Expired Phase - Campaign is complete and client has validly submitted a cancellation request to be effective at the end of the initial or any renewal term. At this time, the advertisement is not active, and monthly billing has stopped.
An advertisement creative can be updated online or by calling ListLeaseSell.Com Advertisement Representative, and may take up to 24 hours to appear on ListLeaseSell.Com.com. Any update or change to the ad once campaign has begun will require a new advertisement campaign for such updated ad. All previous campaigns will continue until valid cancellation notice is submitted and the campaign ends at the end of the term.
Unsolicited Commercial Email (Spam)
ListLeaseSell.Com prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Contact Listing Broker, Send to Friend service, Pro Tools, or other email services that ListLeaseSell.Com offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Pro Tools, You agree to send email only to those who have given You consent or with whom You have an established business relationship. ListLeaseSell.Com has the right to revoke the privileges of any party who breaches these terms.
ListLeaseSell.Com reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of ListLeaseSell.Com services, nonpayment of fees owed by you in connection with ListLeaseSell.Com or its affiliates’ services, account inactivity or technical or security issues. Upon termination, ListLeaseSell.Com shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
ListLeaseSell.Com retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, the ListLeaseSell.Com Website, ListLeaseSell.Com Materials, ProspectList technology and brochures, Email Alert database, Listleasesell link technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of ListLeaseSell.Com’s technology or delete or alter author attributes or copyright notices. You shall use the ListLeaseSell.Com system solely for Your own individual use and shall not share passwords with others or allow others to use the ListLeaseSell.Com system under or through that Your login ID/email and password; nor shall any Member use the ListLeaseSell.Com system to list properties or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL LISTLEASESELL.COM BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF LISTLEASESELL.COM’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and ListLeaseSell.Com’s entire liability under these Terms and Conditions shall be a refund of the fees paid to ListLeaseSell.Com hereunder, and in no event will ListLeaseSell.Com’s liability for any reason exceed such fee. ListLeaseSell.Com (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify ListLeaseSell.Com (and ListLeaseSell.Com’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND LISTLEASESELL.COM MARKET TREND REPORTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LISTLEASESELL.COM MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR LISTLEASESELL.COM MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND LISTLEASESELL.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. LISTLEASESELL.COM MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO LISTLEASESELL.COM’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM LISTLEASESELL.COM’S WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND LISTLEASESELL.COM MARKET TREND REPORTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LISTLEASESELL.COM OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
Links to Third Party Sites
Other Rights of ListLeaseSell.Com
You agree that ListLeaseSell.Com shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet. ListLeaseSell.Com shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. ListLeaseSell.Com shall have no obligation to (i) resolve disputes among Users, Members and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. ListLeaseSell.Com reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on ListLeaseSell.Com's corporate website, located at http://www.ListLeaseSell.Com.com.
Claims of Copyright Infringement
If you believe that your work has been copied onto ListLeaseSell.Com in a way that constitutes copyright infringement, please provide ListLeaseSell.Com’s registered DMCA agent the written information specified below:
· A description of the copyrighted work that you claim has been infringed;
· Identification of the material you claim is infringing, including a description of where such material is located;
· Your address, telephone number, and e-mail address;
· A signed statement that the information in your notice is accurate, that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Address for ListLeaseSell.Com's DMCA registered agent:
Attn: General Counsel
Phone: (909) 449-9234
We may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying ListLeaseSell.Com that your copyrighted material has been infringed
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the ListLeaseSell.Com website member registration form or otherwise purports to be a broker on ListLeaseSell.Com’s Find a Broker service hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. ListLeaseSell.Com does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the ListLeaseSell.Com website.
Governing Law; Customer Right to Arbitrate
These binding Terms and Conditions, and the Deliverables provided by ListLeaseSell.Com, shall be governed by the laws of the District of Columbia, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the District of Columbia for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of ListLeaseSell.Com, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of ListLeaseSell.Com to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at ListLeaseSell.Com.
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Last Updated: May 31, 2018