Terms of Service

Welcome to ListReports®! Our mission is to make buying and selling a home a truly delightful experience. We’re happy that you are part of our community, and we hope that you enjoy what ListReports has to offer. Now, on to the details:

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Please read these Terms of Service (“Terms”) carefully, they contain important information about your legal rights, remedies, and obligations. In particular, Section 13 of these Terms contains an arbitration clause and class action waiver that applies to all disputes between you and ListReports. OUR SITE , APPLICATION, AND LR SERVICES ARE INTENDED FOR USE ONLY IN THE UNITED STATES OF AMERICA (USA). ALL OTHER USE IS PROHIBITED.

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Our Terms are a legally binding agreement (“Agreement”) between you and ListReports, Inc. (“ListReports”) governing your access to and use of the ListReports website, including any subdomains, and any other websites (collectively, our “Site”) through which ListReports makes its products and services available;our mobile, tablet, and other smart device applications, and application program interfaces (collectively, “Application”); and all associated products and services (collectively, our “LR Services”). Together, the Site, Application, and LR Services are referred to as the “LR Platform” in this Agreement. Our collection and use of personal information in connection with your access and use of our LR Platform is described in our Privacy Policy, please read it carefully. Finally, the access to or use of certain areas and features of our LR Platform may be subject to separate agreement terms, policies, standards, or guidelines and may require a subscription or special permission for access (“Supplemental Agreement”).

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A Note to Home Buyers and Sellers (“Consumers”). Welcome to the LR Platform. As described in this Section, this Agreement applies to you and your access and use of our LR Platform, excluding Section II which pertains to real estate professionals. Other than Section II, the use of the term “You” or “Member” also refers to you, the Consumer.

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Acceptance: You accept and agree to comply with this Agreement by (1) clicking a box indicating acceptance, (2) accepting a Supplemental Agreement that expressly incorporates these Terms into that Agreement, (3) clicking a registration or new account submission button, or (4) otherwise accessing or using our LR Platform. If you are accepting this Agreement as part of a Supplemental Agreement between your company, affiliate, or other entity and ListReports (an “Enterprise Contract”), you represent that you have the authority to bind your entity, its employees, and affiliates to this Agreement, in which case the term “You” or “Member” will also refer to the entity’s employees and affiliates.

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Changes to this Agreement. ListReports reserves the right to modify this Agreement at any time in accordance with this provision. If we make changes to this Agreement, we will post the revised Terms on the Site and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications at least fourteen (14) days before the date they become effective. Your continued access to, or use of, our LR Platform will constitute acceptance of the Terms or any revised terms that may be posted. If at any time you disagree with the Terms, you may terminate this Agreement with immediate effect by ceasing to use the LR Platform and taking action to terminate your account. This Agreement may not be modified unless expressly agreed to in writing by ListReports.

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I.    LR Services 

ListReports Services are designed to make the home buying and selling process more efficient and, dare we say, delightful.

As a Member, you have a limited license to use the LR Platform in the manner described in this Agreement. We’re constantly improving our LR Platform and so they may change over time and some features may be discontinued. We want to make our services available to you 24/7, but things happen that may make our LR Platform unavailable. Our LR Platform may link to Third Party Services - we’re not responsible for those services and we don’t endorse them. 

1. LR Services. ListReports serves home buyers and sellers (“Consumers”) and residential real estate service providers, including real estate agents and brokers (collectively, “Agents”); mortgage originators, lenders, and brokers (collectively, “Lenders”); title/escrow agents, brokers, underwriters, and their representatives (collectively, “Title Reps”); the companies for which they work; the businesses providing residential real estate services with whom they work; and real estate professionals involved in residential real estate sales and financing (collectively, “Real Estate Professionals” and together with Consumers, “Members”). The LR Services we provide to our Members consist primarily of (1) a digital, collaborative platform to discover, evaluate and choose homes on the market, where Consumers and Real Estate Professionals work collaboratively (our Robin products and services); (2) timely notifications, real estate listing data, market information, and analytics designed to streamline the home buying process (“Market Insights”); (3) the opportunity to develop meaningful connections, expand their network, and manage relationships among Members on the LR Platform; and (4) for Real Estate Professionals, high quality, automated, real estate marketing collateral and services to deploy before, during, and after the home buying process (“Marketing Collateral”).
2. Limited License. The LR Services are licensed to you, not sold. During the Term, and subject to the terms of this Agreement, ListReports grants you a non-exclusive, limited, revocable, non-transferable, non-sublicensable, license to use the LR Services and our LR Platform, and download the Application on your personal device(s), solely for your use as a Member. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ListReports or its licensors, except for the licenses and rights expressly granted in these Terms.
3. Licensed Data. ListReports licenses data and information from third party sources in order to deliver certain LR Services, including aspects of our Market Insights (“Licensed Data”). You acknowledge and agree that the Licensed Data is provided on an “as is, as available” basis with all limitations, faults, and defects. Unless granted express permission, you are not authorized to resell, relicense, or redistribute Licensed Data in any manner. ListReports does not make any warranties, express or implied, on the completeness of the data or its accuracy, or whether a particular geographic market is covered, or to what extent, by the Licensed Data. Neither ListReports nor its third party data providers are responsible for errors, omissions, miscalculations, misrepresentations of value, or delays in displaying the Licensed Data. Any use of the Licensed Data or Market Insights by a Member is at their own risk.
4. Advertisements and Affiliate Partnerships on the LR Platform. You understand and agree that the LR Services may include advertisements, including ads and partner branding on Marketing Collateral, and that these are necessary to support the LR Platform. To help make the advertisements relevant and useful to you, ListReports may serve advertisements based on the information we collect through our LR Platform. See our Privacy Policy for more detail. Likewise, ListReports supports the LR Platform through affiliate partnerships available to Members on our ListReports’ Marketplace (“LR Marketplace”). You acknowledge that ListReports receives a fee from such Affiliate Partnerships when you purchase an affiliate product or service on the LR Platform.
5. Changes to the LR Services. ListReports reserves the right, in its sole discretion with or without notice to you, to change, improve, enhance, correct, modify, or add new features to our Site, Application, and/or LR Services or to suspend, discontinue, or limit access to our Site, Application, and/or a LR Service at any time. ListReports does not guarantee that the Site, Application, and/or LR Services will include the same features or functionality in future releases of the LR Platform. ListReports may decide, in its sole discretion, to add or develop additional products, services, or features to include in our LR Services, including our premium services, or may offer them as separate or upgraded features.
6. Interruptions to LR Services. Due to the nature of the Internet, ListReports cannot guarantee the continuous and uninterrupted availability and accessibility of our LR Platform. ListReports may restrict the availability of our LR Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of our LR Platform.
7. Third Party Services. Our LR Platform may contain links to third-party websites or resources (“Third-Party Services”), including the Advertisements and Affiliate Partnerships described above in Section 1.4. Such Third-Party Services may be subject to different terms and conditions and privacy practices. ListReports is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by ListReports of such Third-Party Services.
8. Member Relationship with ListReports. If you choose to access and use our LR Platform, your relationship with ListReports is limited to that of an independent business relationship and not an employee, agent, joint venturer, or partner of ListReports for any reason, and you act exclusively on your own behalf and for your own benefit. ListReports does not, and will not be deemed to, direct or control you generally or in your use of the LR Services under this Agreement. LISTREPORTS DOES NOT PROVIDE FINANCIAL OR REAL ESTATE ADVICE, AND ITS SITE AND LR SERVICES ARE NOT INTENDED FOR SUCH USE. ListReports assumes no responsibility for action or inaction that Members or their clients take based on the LR Services or any other information available through or in connection with our LR Platform.
9. No Endorsement. You acknowledge and agree that a Member’s use of and participation in the LR Platform, is in no way deemed as a direct or implied endorsement of that Member by ListReports.

II.   Additional LR Services for Real Estate Professionals

As a Real Estate Professional, you’ll have access to industry leading LR Services and the opportunity to develop relationships among other Real Estate Professionals on the LR Platform.

We hope you create one of these Paired relationships, but it is entirely up to you. If you do so, keep in mind that: (a) no Member is required to Pair with you; (b) you and the Member with whom you are Paired are free to exit any time; (c) Once a Pairing is canceled, that Member is free to create a new Pairing with a different Member; and (d) your use of our Services is in no way contingent on any one Member providing a service, payment, or benefit to you.  

You agree to never give or receive anything of value in exchange for the referral of business while using the LR Services in violation of RESPA or Reg X. You agree to be in compliance with all applicable laws and license requirements. 

1. Paired Relationships some text
   1. Pairing & RESPA Compliance. As a Real Estate Professional, when you connect with another Real Estate Professional (“REP,” for short) on the LR Platform, we call this a “Pairing.” REPs are free to initiate or accept an invitation to Pair with another REP, at their own discretion. ListReports does not endorse any particular REP, Pairing, or settlement services provider. REPs are not required to endorse, refer, or recommend any REP or settlement services provider in order to utilize the LR Platform. ListReports does not direct or require any REP to pair with any particular REP or to form any sort of relationship between REPs; it is up to the REPs, at their own discretion, to establish such a relationship which must be limited to REPs promoting their own products and services. REPs should exercise due diligence and care when deciding whether to Pair and with whom to Pair. As a REP, you represent and warrant that you will not use the LR Services in a manner that conditions any other REP, or third party, to give or receive any thing of value in exchange for the referral of real estate settlement services, nor will you be a party to a real or implied agreement to do so. You further represent and warrant that any consideration you provide to access and use the LR Platform, including your membership to and use of the LR Platform, is made by you, and no other Member, directly to ListReports. REPs remain solely responsible and liable for their conduct on or through our LR Platform, and for their conduct offline.some text
      1. Activity. When Paired, you acknowledge and agree that certain activities on the LR Platform will be shared with your Paired Members (for example, when an Agent utilizes our Shareables product, their paired Lender may be notified of that activity).
      2. Cancelling the Pairing. Once a Pairing has been established, the REP is free to Unpair at any time. Likewise, once Un-Paired, a REP is free to Pair with another REP at any time. The ability to freely enter into and exit from a Pairing is an essential component of our LR Platform. As a REP, you acknowledge and agree that your access and use of our LR Platform is in no way contingent on any one REP (1) Pairing with you, (2) remaining Paired with you, or (3) providing a service, payment or benefit to you. As a REP, when your LR Account is canceled or otherwise terminated, all Pairings will also be canceled. You agree that ListReports may facilitate the termination and/or creation of Paired relationships between its REPs at its sole and absolute discretion.
   2. Marketing Collateral. ListReports provides REPs high quality, automated, Marketing Collateral to deploy before, during, and after the home buying process. ListReports’ Marketing Collateral is provided free of charge, unless specifically identified on the LR Platform.some text
      1. New & Edited Real Estate Listing Marketing Collateral. Agents have the ability to either (a) automate the creation of certain real estate listing Marketing Collateral by identifying the MLS Listing Number, or (b) create and/or edit Marketing Collateral by manually inputting property listing information. In addition, ListReports may automatically create new Marketing Collateral when we identify that you have listed a new property. In all cases, as an Agent, you represent and warrant that you (i) are the listing agent affiliated with that property or have been granted permission by the listing agent to share and market this property and (ii) have the consent of all applicable parties to access and use the listing details, including listing details and photos, in order to share and market the property, including the applicable MLS and home seller.
      2. Branding on Marketing Collateral. As part of the LR Services, ListReports allows Members the opportunity to brand ListReports Marketing Collateral with their Public Profile information. By utilizing these LR Services, you acknowledge and agree that ListReports may also include Public Profile information of other REPs, with whom you have Paired, in close proximity to or in tandem with your Public Profile information on our Marketing Collateral.
   3. Robin. As a collaborative suite of products and services, in most cases, REPs must Pair with one another to access Robin. In addition, in order to access and use Robin, REPs must (1) accept the Robin Acceptable Use Policy; (2) upload and agree to share their consumer lead information with ListReports and their Paired REP; (3) agree to co-branded Marketing Collateral; (4) diligently and professionally respond to Consumer inquiries; and (5) refrain from sharing Consumer loan-related information through the LR Platform.
   4. Compliancesome text
      1. No Referrals Permitted. You represent and warrant that you shall not use the LR Platform in order to engage in any activity that would constitute an unlawful “referral of business” as defined by the Real Estate Settlement Procedures Act of 1974 (“RESPA”) and Regulation X, and that your use of the LR Platform shall not cause you to either give or receive anything of value in exchange for the referral of business opportunities. Further, you acknowledge and agree that any fee you pay to ListReports (for example, for a paid subscription for the LR Services identified in Section II.1), is limited to the fair market value of the LR Services provided to you and does not represent any payment of a fee, kickback, or other thing of value for the referral of settlement services.
      2. Compliance. When accessing or using the LR Platform, you agree to comply with all applicable laws and regulations governing residential real estate sales and financing, including, but not limited to, the Truth in Lending Act, RESPA, the Gramm Leach Bliley Act, the Fair Credit Reporting Act, and applicable laws regarding fair lending and equal housing opportunity. You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of our LR Platform. Further, if required by applicable law to be licensed as a “mortgage originator,” or real estate agent or broker, or title/escrow agent or broker, then you represent and warrant that you have such valid licensure and that you will maintain your license(s) and otherwise be in good standing during the Term of this Agreement. In addition, you agree that ListReports may, at its sole discretion and to the extent permitted by law, access, preserve, and disclose your Member Content, Public Profile, usage history, and the use of our Marketing Collateral in order to (a) comply with any applicable law, regulation, legal process, or government request; (b) respond to claims that any such usage violates applicable legal guidelines or the rights of third parties; and (c) enforce this Agreement.

III.   Fees 

Since Agent and Consumer engagement is what drives ListReports, Agents and Consumers are provided access to most LR Services free of charge.

However, certain LR Services require a Fee from REPs. Such Fees do not, in any way, entitle you to Pair with any particular REP; they are not a co-marketing arrangement with ListReports or any other REP.

1. Free Services. Member engagement and use of our LR Platform is what drives ListReports. For this reason, Members can access certain LR Services for free by creating a free Member Account. ListReports supports this free access directly through advertisements and our Member Benefits. And, as discussed below, highly engaged Members are highly valuable. ListReports has determined that this engagement equals or exceeds the Fair Market Value of the LR Services Members receive on the ListReports Platform.
2. REP Fees. REP Members must pay a Fee to ListReports in order to access and use certain LR Services, which may include certain (A) Robin features , (A) Market Insights, (B) Lender or Title Rep specific Marketing Collateral, (C), where applicable, advertising and/or sponsorship space (i) on Marketing Collateral in order to co-brand your services with the REPs with whom you have Paired and (ii) on our LR Platform, and (D) other products and services that ListReports may choose to provide in its sole discretion. As a Real Estate Professional, you acknowledge and agree that any fee you pay to ListReports (A) represents that fair market value of the LR Services provided to you; (B) is not in any way premised on a Pairing with another REP or the action or inaction of any particular REP, (II) does not constitute a lead generation agreement with ListReports or any other REP, and (II) does not constitute a co-marketing arrangement with ListReports or any other REP.
3. Member Activity. As a Member, when you access and use the LR Platform, you acknowledge and agree that certain activities on the LR Platform will be shared with your REPs, including your Agent and that Agent’s Paired Lender and/or Title Rep.

IV.   LR Accounts 

If you want to use our LR Services, you need to create an LR Account. To create one, you need to provide some information about yourself. The information you provide must be true and kept up-to-date. If you are a REP, this information will include your public profile and compliance information; we’ll be using it - on your behalf - in branded Marketing Collateral and shared with other Members. We may take steps to verify this information.  

You are responsible for anything that happens under your LR Account, including any inaccurate profile information used on our LR Platform.

If you’re part of an Enterprise Contract, some special terms apply to you: Administrators of Enterprise Contracts have admin access rights over all applicable Member Profiles - they can create LR Accounts, complete Public Profile information, update this information, and monitor your Account activity. Administrators can also suspend or terminate your LR Account. 

1.  LR Account. In order to access and use our LR Platform, you must register an account (“LR Account”). To do so, you must be an individual at least 18 years old and located in the USA or a duly organized, validly existing business, organization, or other legal entity in good standing under the laws of the USA and able to enter into legally binding contracts. If you are registering a LR Account for a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and to grant ListReports all permissions and licenses provided in this Agreement.
2. LR Account Confidentiality and Security. You may not register more than one (1) LR Account unless ListReports authorizes you to do so. You may not assign or otherwise transfer your ListReports Account to another party and you may not create an LR Account on anyone’s behalf without that person’s and ListReports’ prior express authorization. ListReports will not provide access to your LR Account without your prior authorization unless you are part of an Enterprise Contract. You are responsible for maintaining the security of your LR Account credentials and your LR Account. You must immediately notify ListReports if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your LR Account. You are liable for any and all activities conducted through your LR Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
3. LR Account Registration. To register a LR Account, you will be required to set a password and provide us some information about yourself, such as an email address and other contact information. If you are an Agent, you must also provide us details regarding your MLS memberships. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. In some cases, ListReports staff may assist you with the creation of your LR Account. In such cases, you remain solely responsible for the creation of your LR Account, its accuracy, and its confidentiality and security.
4. REP Public Profile. As a REP, you will need to complete your ListReports profile as part of the LR Account registration process which will be accessible and shared with other Members (with no further action by you) and included on all applicable Marketing Collateral (“LR Public Profile”). This LR Public Profile will include your license number, MLS membership where applicable, and brokerage or lender (“Compliance Information”). You agree that the information you provide is accurate. It is your responsibility that your LR Public Profile is accurately displayed on all Marketing Collateral, including your Compliance Information. It is vital that you review, confirm, and monitor the accuracy of your LR Public Profile. If you notice any inaccurate information on your LR Account and cannot update your Account, it’s your sole responsibility to notify ListReports immediately. By using the LR Platform, you certify that you have reviewed your profile and that it is accurate and up-to-date. YOU HEREBY ACCEPT SOLE RESPONSIBILITY FOR THE ACCURACY OF YOUR ACCOUNT AND PROFILE INFORMATION AND ACKNOWLEDGE THAT LISTREPORTS WILL RELY ON THIS INFORMATION TO GENERATE MARKETING COLLATERAL ON YOUR BEHALF. YOU FURTHER AGREE THAT LISTREPORTS SHALL BEAR NO LIABILITY FOR ANY COMPLIANCE ISSUES RESULTING FROM THE INFORMATION YOU PROVIDE. In addition, as a REP, you acknowledge and agree that certain publicly available professional information about you and your market activity (for example, brokerage affiliation, your new listings, and listings sold) will be shared with other Members.
5. Compliance Information Verification. As a REP, ListReports may make access to and use of our LR Platform subject to the verification of the Compliance Information you provide. You hereby authorize ListReports to communicate directly with your company to confirm your Public Profile, including your Compliance Information.
6. Enterprise Accounts.  If you are an Administrator or Member who is part of a  company-wide Enterprise Contract between your company, affiliate, or other entity and ListReports, the following terms also apply to you:some text
   1. As an Enterprise Contract Member, you acknowledge that your Administrator is authorized to take certain actions that affect your LR Account. For example, your Administrator is authorized to create an LR Account on your behalf; and populate and update your LR Public Profile, including the Compliance Information; generate, personalize, and send ListReports products and services; and facilitate Pairings with other Members. Your Administrator is also authorized to (1) communicate directly with ListReports to confirm, correct, and update your LR Public Profile, (2) share information regarding use of the LR Platform, and (3) terminate or suspend your LR Account which will revoke your access to the LR Services, including Marketing Collateral, and cancel Pairings under your Enterprise Account.
   2. As an Enterprise Contract Administrator, you acknowledge that you are authorized to take all of the actions described above in Section IV.6 on behalf of the Enterprise Contract Members and accept sole responsibility for all such actions. You also agree to notify ListReports when any Enterprise Contract Member has been terminated or suspended from your company. You acknowledge that without such notification, the Enterprise Contract Member will still have access to the LR Services.
   3. As an Enterprise Contract Administrator, you and ListReports may agree to additional LR Services (“Additional Services”) and a different Purchase Price (“Enterprise Pricing”). All such Additional Services and Enterprise Pricing must be stated in a Statement of Work, signed by both you and ListReports.

V.   Fees and Payment Terms 

You agree to pay all fees under your LR Account. If you have a recurring subscription, you agree to pay the subscription fee on a recurring basis until you cancel your subscription. Once you cancel, you’ll continue to have access to the LR Services the remainder of your pay period. Subscription fees are non-refundable.

1. Purchase of LR Services. You may only purchase LR Services if you have an active LR Account. ListReports reserves the right to refuse, limit, or block any offer to purchase, obtain, or otherwise access LR Services for any reason at its sole and absolute discretion.
2. Payment Process. When you purchase LR Services, including a recurring subscription, the price payable is the price indicated on our LR Platform, or by our ListReports staff in writing, at the time your order is placed (“Purchase Price”). By submitting an order to ListReports and providing your payment method information, you acknowledge that:some text
   • you are authorized to use the LR Service that you are purchasing;
   • you have confirmed the details of your purchase and the LR Services you have ordered;
   • you have read and accepted this Agreement and Privacy Policy, and any applicable Supplemental Agreement;
   • your email address, and billing and payment method information are true and accurate;
   • you are authorized to use such payment method;
   • You authorize ListReports to collect the Purchase Price either directly, by charging the payment method you provide or your default payment method on file, or indirectly via our third party payment processor(s).
   • you are responsible for all purchases of LR Services made by you or otherwise attributable to your payment method, except unauthorized activity which is not your fault; and
   • You are responsible for ensuring the accuracy of your order history and for saving a copy of your history for your records. If you have questions regarding your transaction history, please contact Customer Support at support@listreports.com.

In certain situations, you may be required to enter into unique payment processing agreements with ListReports or our third party payment processor(s).  

3. Taxes. ListReports charges sales tax where required by law and the appropriate charges will be added to and displayed in your order. You agree to pay all fees specified, plus all applicable sales tax that ListReports assesses on your purchase.
4. Subscriptions Fee. If you purchase a recurring subscription from ListReports, you authorize ListReports to automatically charge the subscription Purchase Price (the “Subscription Fee”) (1) at the beginning of your subscription purchase, upon expiration of any applicable trial offer (see below), or at a date otherwise indicated by us, and (2) on each renewal date thereafter without any additional action by you. All Subscription Fees are nonrefundable. If your payment method expires, your card provider may provide us with updated card details in order to help prevent any interruption to your subscription (if you would prefer to opt out of this service, you may do so directly with your bank or credit card).
5. Subscription Term. The term of your subscription will continue for the period specified at the time of your subscription order (“Initial Term”) and will automatically renew for the same period of time as the Initial Term unless your subscription is terminated as provided under this Agreement (collectively, the “Term”).
6. Canceling your Subscription. All Subscription Fees are non-refundable. Your subscription will continue to automatically renew until you cancel your subscription. Unless otherwise specified in a Supplemental Agreement, you may cancel your subscription at any time by following the instructions specified on our LR Platform, or by contacting Customer Support at support@listreports.com. You will be able to continue to access and use your subscription service until the end of your Term. Unless otherwise indicated, cancellation of a premium subscription will not affect your separate subscriptions.
7. Updating Subscription Fees. Your Subscription Fee for subsequent renewal Terms will be the published Subscription Fee as of the date of renewal. We reserve the right to change and/or increase the Subscription Fee of a recurring subscription at any time. If we do so, we will provide you notice at least 30 days in advance. By continuing to use the recurring subscription, you indicate that you accept the new Subscription Fee, which will then be charged on a recurring basis.
8. Free Trials and Discounts. ListReports may offer a free trial for certain subscriptions. If you sign-up for a free trial subscription, unless otherwise indicated, ListReports will begin to charge the applicable Subscription Fee when the free trial expires. You must cancel your subscription prior to the end of the free trial period to avoid charges to your payment method. In addition, any discounts or other promotions (collectively, "Promotions") made available through our LR Platform are subject to the terms and conditions provided as part of that Promotion.
9. Late Payments & Disputes. If there are delinquent amounts or chargebacks associated with the collection of your Fees, you may be charged fees that are incidental to ListReports’ collection of such amounts, including collection fees, convenience fees or other third-party charges.

VI.   Content and ListReports’ Intellectual Property Right 

What’s ours is ours, what’s yours is yours. You have a license to use the LR Services. When you add information to the LR Services, you give us a license to use that information as part of the LR Services. You represent that you have the right to use and provide that information.

Please let us know what you think about ListReports and our Services. Just be aware that, if you send us feedback, then we can use it. 

1. Content. ListReports may, at its sole discretion, enable Members to (i) create, upload, post, link, share, and store content such as text, photos, contact information, graphics, videos, or other materials and information on or through our LR Platform (“Member Content”) and (ii) access and view Member Content and any content that ListReports itself makes available on or through our LR Platform, including proprietary ListReports content and any content licensed or authorized for use by or through ListReports from a third party ("LR Content" and together with Member Content, "Collective Content").
2. ListReports’ Intellectual Property Rights. The LR Content and all other intellectual property rights in, on, or to our LR Platform are the exclusive property of ListReports, ListReports’ licensors, and/or ListReports’ partners and is protected by copyright, trade dress, patent and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not distribute, license, sell, transfer, publicly display, modify, reproduce, sell, transmit, publish, copy, create derivative works from, decompile, disassemble, reverse engineer, or otherwise use in any other way for commercial or public purposes any information, software, products, or services obtained from our LR Platform, including the LR Content, unless expressly authorized by ListReports in this Agreement. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices incorporated in or accompanying our LR Platform or otherwise provided to you by ListReports.
3. Member Content License. By posting, contributing, or otherwise making available any Member Content on or through the ListReports Platform, you grant ListReports a non-exclusive, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable, and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote our LR Platform, in any media or platform. Without limiting the generality of the foregoing, you acknowledge and agree that this license includes (a) the right to display and otherwise make your Member Content available on our LR Platform and accessible by other Members, (b) the right, but not the obligation, to monitor, modify, and otherwise edit your Member Content, and (c) the right to include data and information regarding real estate listings and property offered for sale by you, your customers, and others. Insofar as Member Content includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, ListReports does not claim any ownership rights in any Member Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use or exploit your Member Content.
4. Member Content Representations. You are solely responsible for all Member Content that you make available on or through the LR Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the LR Platform, or you have all rights, licenses, consents, and releases that are necessary to grant to ListReports the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission, or transmittal of the Member Content or ListReports’ use of the Member Content (or any portion thereof) as contemplated under this Agreement will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The provision of any such Member Content, including property listing information and related collateral, shall be considered an affirmative representation by you that you have express permission and rights to use any such Member Content. ListReports may offer Members the option of ListReports staff uploading Member Content to our LR Platform. In such cases, you remain responsible for ensuring that your Member Content is accurate and remains so. ListReports reserves the right to terminate the account of anyone found to be infringing on a lawful copyright. ListReports hereby disclaims any responsibility and will assume no liability for Member Content you make available on or through the LR Platform, including but not limited to any Listing Data, professional or company marks, logos, images, or colors used by the customer. Although ListReports is not responsible for any Member Content, ListReports may delete any Member Content at any time without notice to you, if ListReports becomes aware that it violates any provision of this Agreement, or any law. You retain copyright any other rights you already hold in your Member Content which you submit, post, or display on or through the ListReports Platform.
5. Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the LR Platform (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

VII.   Rules of Conduct 

At ListReports, our mission is to make the buying and selling of a home a truly delightful experience. We are only interested in working with folks who share this mission and want to be part of our thriving community. To do so, we expect our Members to be truthful, to submit accurate and correct information, and to be courteous to and respectful of all other parties involved in the home buying process through our LR Platform.

In connection with your use of the LR Platform, you will not - and will not enable others - to violate established or expected rules of conduct, which includes these prohibited actions:

• Access or use the LR Platform if you reside outside of the USA;
• Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or this Agreement or Privacy Policy;
• Use the LR Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies ListReports’ endorsement, partnership, or otherwise misleads others as to your affiliation with ListReports;
• Use the LR Platform to create, develop, enhance, or structure any database, or create models, analytics, derivative products, or other derivative works;
• Reproduce, distribute, display, or provide access to any portion of the LR Services on third-party websites or otherwise, including but not limited to taking video or screen shots of the LR Platform;
• Copy, store, or otherwise access or use any information, including personally identifiable information about any other Member or Consumer contained on the LR Platform in any way that is inconsistent with ListReports’ Privacy Policy or these Terms or that otherwise violates the privacy rights of Members, Consumer, or third parties;
• Use the LR Platform in connection with the distribution of unsolicited commercial messages ("spam");
• “Cross-qualify” customers by asking multiple Lenders to prequalify prospective buyers;
• Interfere with exclusive relationships between Consumers and other Agents;
• Falsely represent yourself as a Buyer’s or Seller’s Agent where that relationship has not been established;
• Disclose or utilize confidential information for your own gain;
• Contact another Member for any purpose other than asking a question related to the Member's use of the LR Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications, or websites;
• Use the LR Platform to request, make, or accept a Lead Generation or Co-Marketing Agreement;
• Request, accept, or make any payment in exchange for establishing a Paired relationship on the LR Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold ListReports harmless from any liability for such payment;
• Post, upload, publish, submit, or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent, threatening, or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other ListReports policy;
• Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive, or disruptive behavior;
• Misuse or abuse any LR Service or the LR Platform, including LR Accounts or Member Content, as determined by ListReports in its sole discretion;
• Use, display, mirror, or frame the LR Platform or Collective Content, or any individual element within the LR Platform, ListReports’ name, any ListReports trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the LR Platform, without ListReports’ express written consent;
• Dilute, tarnish, or otherwise harm the ListReports brand in any way, including through unauthorized use of Collective Content, registering and/or using ListReports or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering and/or using domains names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to ListReports domains, trademarks, taglines, promotional campaigns, or Collective Content;
• “Scrape" (including screen and database scraping), "data mine", or any other activity intended to collect, store, re-organize, summarize, or manipulate any Collective Content or use any robot, spider, crawler, scraper, or other automated means or processes to access, collect data or other content from, or otherwise interact with the LR Platform for any purpose;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by ListReports or any of ListReports’ providers or any other third party to protect the LR Platform;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the LR Platform;
• Make any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the LR Platform;
• Violate or infringe upon anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that ListReports has no obligation to monitor the access to or use of the LR Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the LR Platform (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. ListReports may, without prior notice, remove or disable access to any Member Content that we find to be in violation of applicable law, these Terms or otherwise may be harmful or objectionable to ListReports, its Members, or third parties. Likewise, ListReports reserves the right to refuse service, terminate LR Accounts, suspend or terminate Members at our sole discretion, without prior notice for violation of these Terms. Members agree to cooperate with and assist ListReports in good faith, and to provide ListReports with such information and take such actions as may be reasonably requested by ListReports with respect to any investigation undertaken by ListReports or a representative of ListReports regarding the use or abuse of the LR Platform.

VIII.   Term and Termination

This Agreement becomes effective when you click “accept,” register a LR Account, or use our LR Platform, and will remain in effect until it is terminated.

Unless otherwise specified in a Supplemental Agreement, you can terminate this Agreement at any time, subject to your paid subscription cancellation terms (i.e., there’s still no refund). 

In addition, ListReports may terminate our Agreement if you significantly breach this Agreement, including failure to pay your Subscription Fee, or if we believe that such action is necessary to protect ListReports, its Members, or third parties.

Instead of termination, ListReports may instead elect to limit or suspend your LR Account or suppress or delete your LR Account information or other Member Content whenever your use of the LR services or associated content violates this Agreement.

1. Term. This Agreement will be effective on the date you accept this Agreement and will continue for as long as any applicable subscription remains in effect or as long as Member continues to access or use the LR Platform, whichever is longer, unless terminated under this Section VIII.
2. Termination by You. Unless otherwise specified in a Supplemental Agreement, you may terminate this Agreement at any time by sending us an email or contacting customer support at support@listreports.com. If you are paying for a subscription, your termination will be subject to the subscription cancellation terms in Section IV.
3. Termination or Suspension by ListReports. Without limiting our rights specified in this Agreement, ListReports may terminate this Agreement for convenience at any time by giving you fourteen (14) days notice via email to your registered email address. In addition, ListReports may immediately, without notice, terminate this Agreement and/or stop providing access to the LR Platform (i) if you have breached your obligations under this Agreement, our Privacy Policy, or other applicable terms, (ii) you fail to pay your Subscription Fee, or (iii) ListReports believes in good faith that such action is reasonably necessary to protect the safety or property of ListReports, its Members, or third parties (for example, in the case of fraudulent behavior of a Member). In addition, ListReports may take any of the following actions in lieu of termination, at its sole discretion: (a) suppress, delete, or delay any requested LR Services, your Public Profile, LR Account, or other Member Content; or (b) limit or suspend your access to or use of our LR Platform.
4. Effect of Termination & Survival. If we take any of the measures described in Section IV. 3, you are not entitled to any refund of your Purchase Price for a paid LR Service. In addition, you are not entitled to a restoration of your LR Account or any of your Member Content. If your access to or use of the LR Platform has been limited, your LR Account has been suspended, or this Agreement has been terminated by us, you may not register a new LR Account or access and use the LR Platform through a LR Account of another Member. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

IX.   Disclaimers

If you choose to use the LR Platform, including the Licensed Data and Collective Content, you do so voluntarily and at your sole risk. The LR Platform, including our Site, LR Services, Licensed Data, and Collective Content are provided “as is” without warranty of any kind, either express or implied. Without limiting the generality of the foregoing, ListReports makes no warranty or guarantee that the Site or LR Services will be uninterrupted, timely, secure, or error-free.

You agree that you have had whatever opportunity you deem necessary to investigate the LR Services, laws, rules, or regulations that may be applicable to your use of those LR Services and that you are not relying upon any statement of law or fact made by ListReports.

If we choose to conduct verification on any information provided by a Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such verification was complete or accurate.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

X.   Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the LR Platform, including the Licensed Data and Collective Content, your use of the LR Platform, or any interaction you have with other Members whether in person or online, remains with you. Neither ListReports nor any other party involved in creating, producing, or delivering the LR Platform, including the Licensed Data and Collective Content, will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the LR Platform, including the Licensed Data and Collective Content, (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, or meet with as a result of your use of the LR Platform, or (iv) your use of our Marketing Collateral, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not ListReports has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will ListReports’ aggregate liability arising out of or in connection with these Terms and your use of or inability to use the LR Platform, or interactions with any other Members, exceed the amounts you have paid ListReports in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ListReports and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. 

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XI.   Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at ListReports’ option), indemnify, and hold ListReports and its affiliates, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or any additional terms, (ii) your improper use of the LR Platform or any LR Services, (iii) your interaction with any Member, or (iv) your breach of any laws, regulations, or third party rights.

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XII.  Listing Data Terms

ListReports licenses Listing Data to provide its real estate professional Members access to Listings. As a real estate professional Member, you must treat the Listing data, including any associated consumer information, as strictly confidential.

If you are a Consumer, you acknowledge that your access to Listing Data is based on your Agent’s permission, and that your use of Listing Data is solely for your own personal use as a potential home buyer or seller. 

Where applicable, ListReports licenses data and information from individual Multiple Listing Service Data Providers (“MLSs”) and real estate listings platforms in order to deliver certain LR Services (“Listing Data”), including the fair exchange of real estate listing data (“Listings”).

As an Agent, in order for us to deliver certain Listing Data to you, you must first provide us your MLS Membership details, verify that your good standing with such MLS, and agree to jointly apply with ListReports for approval to receive Listings Data from all MLS where you are a member, or provide us authorization to apply on your behalf, and sign all necessary licenses, policies and other agreements with the MLS and ListReports in order for us to deliver our LR Services to you. ListReports will pay all necessary MLS integration fees that the MLS assesses to ListReports directly and will not pass such fees onto the Agent. ; however there may be cases where the MLS will require an Agent or Broker to pay a fee(s); in such cases, applicable fees will not be refunded by ListReports unless previously approved by ListReports in writing and in our sole discretion. If at any time ListReports is notified by an MLS that you are no longer a member of that MLS or not in good standing, we may suspend or terminate your access to the LR services until you are once again authorized to receive data from the MLS.

You acknowledge and agree that the Listing Data is provided on an “as is, as available” basis with all limitations, faults, and defects. Neither ListReports nor any individual Data Provider makes any warranty, express or implied, on the completeness of the data or its accuracy, or whether a particular geographic market is covered, or to what extent, by the Listing Data. Neither ListReports nor any individual Data Provider are responsible for errors, omissions, miscalculations, misrepresentations of value, or delays in displaying the Listing Data. Any use of the Listing Data by a Member is at its own risk.

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Confidentiality and Gramm Leach Bliley Act of 1999 (“GLB”)

When you access and use our LR Platform, you have the ability to access certain Confidential Information, including Consumer data, such as personally identifiable information, including Listing Data and other Licensed Data, as defined in our Terms of Service (“Confidential Information”). As part of your use and access of our LR Platform, you represent and warrant that you will not use any Confidential Information accessed on or through the LR Platform for any purpose not expressly permitted by this Agreement, and will disclose that Confidential Information only to your employees, contractors, or clients who have a need to know such Confidential Information for the purposes of this Agreement and who are under a similar duty of confidentiality. You agree to protect the Confidential Information in the same manner as you protect your own confidential or proprietary information of a similar nature and with no less than reasonable care. This duty of confidentiality does not extend where the information (a) was lawfully known to you at the time of your access; (b) is disclosed to you by a third party who had the right to make such disclosure without any confidentiality restrictions; (c)  is, through no fault of your own, or has become generally available to the public; (d) is independently developed by you without access to, or use of, the Confidential Information; or (e) is required to be disclosed by law or by court order, provided that you notify us of such disclosure. You acknowledge that a breach of this Confidentiality Section would cause irreparable harm to ListReports and its Third Party Licensors and that, in the event of a breach or threatened breach of this Section, ListReports shall have the right to seek immediate injunctive or other equitable relief.

In addition, if you are a real estate professional Member, you represent and warrant that you have implemented and maintained an information security program as required by the Gramm-Leach Bliley Act of 1999 (15 U.S.C. Section 6801 et seq.) and the regulations promulgated thereunder and the Interagency Guidelines Establishing Standards for Safeguarding non-public personal Consumer information. You acknowledge that such program includes appropriate administrative, technical, and physical safeguards reasonably designed to: (i) ensure the security and confidentiality of Consumer information; (ii) protect against anticipated threats or hazards to the security or integrity of Consumer information; (iii) protect against unauthorized access to or use of Consumer information that could result in substantial harm or inconvenience to any Consumer; and (iv) ensures disposal of the Consumer information in a secure manner.  

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A Brief Note to Home Buyers and Sellers (“Consumers”). Consumers may only access the Listing Data integrated into our LR Platform through access provided to them by their Agent. If you are accessing the Listing Data on our LR Platform, you acknowledge and agree that you are only doing so through your Agent’s grant of permission. In addition, you acknowledge and agree that (i) any Listing Data you access is for your personal, non-commercial use; (ii) you have a bona fide interest in the purchase, sale, or lease of real estate; (iii) you will not copy, redistribute, or retransmit any of the Listing Data accessed except in connection with your consideration of the purchase or sale of an individual property; (iv) you will not "scrape" (including screen and database scraping), "data mine", or any other activity intended to collect, store, re-organize, summarize, or manipulate any Listing Data; and (v)you acknowledge that the individual Listing Data Provider owns such data and you acknowledge the validity of that Data Provider’s systems, and proprietary rights and copyright to such data.

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XIII.  Dispute Resolution and Arbitration Agreement

ListReports is committed to participating in a business-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (1) an informal negotiation directly with ListReports’ customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Commercial Arbitration Rules 

1. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and ListReports each agree to notify the other party of the dispute and attempt to negotiate an informal resolution first. We will contact you at the email address you have provided to us; you can contact ListReports’ customer service team by emailing us. If after a good faith effort to negotiate, one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
2. Agreement to Arbitrate. You and ListReports mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or to the use of the LR Platform (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and ListReports agree that the arbitrator will decide that issue.
3. Exceptions to Arbitration Agreement. You and ListReports each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
4. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the AAA in accordance with the Commercial Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
5. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient for you, ListReports agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Orange County; (c) in any other location to which you and ListReports both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
6. Modification of AAA Rules - Attorney’s Fees and Costs. You and ListReports agree that ListReports will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, ListReports agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
7. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis, and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
8. Jury Trial Waiver. You and ListReports acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
9. No Class Actions or Representative Proceedings. You and ListReports acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and ListReports both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section XIII.9 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section XIII.9 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and ListReports agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
10. Severability. Except as provided in Section XIII.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
11. Changes. Notwithstanding the provisions of the Preamble to this Agreement (“Changes to this Agreement”), if ListReports changes this Section XIII (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of ListReports’ email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and ListReports (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and ListReports.
12. Survival. Except as provided in Section XIII.10, this Section XIII will survive any termination of these Terms and will continue to apply even if you stop using the LR Platform or terminate your LR Account.

XIV.  General Provisions

General Provisions = Standard Legalese. Keep in mind, these delightful summaries are to help you along. The terms on the right are the real thing; they’re what you’re agreeing to.  

1. Summaries and Headers. The summaries provided in the left column, headings and titles in the right column are for convenience and ease of reference only; they shall in no way limit, define, interpret, or otherwise affect the meaning or construction of any of the provisions of this Agreement. In the event of any conflict, the text of the Agreement in the right column shall control the Agreement between ListReports and all Members.

2. Applicable Law and Jurisdiction. These Terms will be interpreted in accordance with the laws of the State of California and the USA, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section XIII must be brought in state or federal court in Orange, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Orange, California.

3. Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, or guidelines, these Terms constitute the entire Agreement between ListReports and you pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between ListReports and you in relation to the access to and use of the LR Platform.

4. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

5. No Waiver. ListReports’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

6. Open Source. Some software utilized in our LR Platform may be offered under an open source license that we will make available to you.

7. Google Maps. Some areas of the LR Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

8. Apple App Store. If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

9. No Assignment. You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without ListReports’ prior written consent. However, ListReports may assign, transfer, or delegate this Agreement and its rights and obligations hereunder without restriction or notice. Your right to terminate this Agreement at any time remains unaffected.

10. Electronic Communication. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement will be provided electronically and given by ListReports via email, LR Platform notification, or messaging service (including SMS).

11. SMS Terms  By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting (“Opting In”) to receive one or more text messages (“Text Message Service”), you accept these SMS Terms, consent to the handling of your personal information as described in the ListReports Privacy Policy, and agree to resolve disputes with ListReports as described in our Terms of Service. Message and data rates may apply. ListReports will use reasonable commercial efforts to deliver our Text Message Services to the number you provide through compatible wireless carriers. ListReports is not liable for delayed or undelivered messages. The short code we use for some Text Message Services may not be supported on all Carriers.

Opting In

By Opting In to a Text Message Service:

• You expressly authorize ListReports to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for your account). You also authorize ListReports to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.
• You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us via the methods described in the Contact Us section. To view and retain an electronic copy of these SMS Terms or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. If you withdraw your consent, certain features of our service may not be available to you. To update information on how we would contact you electronically, visit your Notification settings in your account settings.
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
• These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.
• After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.

About the Text Message Services and Opting Out

Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. ListReports may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. Text STOP to any promotional message to Opt Out or if applicable update your “Notification” settings on your ListReports account.

For additional help, text HELP in response to a marketing message or contact support@listreports.com.

12. Copyright Complaints. It is the policy of ListReports to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing our DMCA Designated Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further information):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement and counter-notices should be sent to our DMCA Designated Agent either by email or regular mail, at the following addresses:

• By email: legal@listreports.com
• By mail: At the address identified in Section XVI, 13 below

For both email and postal mail notices, please include "Notice of Infringement" in the subject line. If a notice is incomplete, ListReports is under no obligation to act. If ListReports removes or restricts access to content in response to a copyright complaint, ListReports will make a good faith effort to contact the alleged infringer, and the Data Provider (e.g., an MLS) ListReports received the content if applicable, with information concerning the removal or restriction of access, including a copy of the complaint. If the alleged infringer believes its content was removed in error, then pursuant to the DMCA, it can submit a counter-notification to ListReports requesting that the removed content be reinstated. ListReports has a policy of terminating repeat infringers. If ListReports receives multiple copyright complaints pertaining to an alleged infringer, ListReports may terminate or restrict the alleged infringer’s access to the Platform or take steps to limit or prohibit that person’s content from appearing on the Platform.

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