Terms of Use

ListSoft Terms of Use

General Disclaimer and Limitation of Liability

This Web site and the information, products and services associated with it are provided “as is.” ListSoft, Inc. disclaims any and all express or implied warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement.  ListSoft, Inc. disclaims any warranties concerning the availability, accuracy or usefulness of the information contained on this Web site.

Use of this Web site and/or ListSoft, Inc.’s services is at your own risk.  Neither ListSoft, Inc. nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable for any direct, indirect, punitive, incidental, special or consequential damages or any other injury arising out of or in any way connected to the use of this Web site or ListSoft, Inc.’s services, including also damages arising out of the inability to access this Web site or its services, even if ListSoft, Inc. had been advised of the possibility of such damages.

Who Can Use ListSoft, Inc. Services

You must be: a) at least the age of majority in the state where you live to use the Sites, and b) a resident of the United States.  If you are under 13 years old, do not use the Sites.

Registration

You must register before you can submit content.  By registering for a ListSoft, Inc. account you are agreeing to these Terms of Use as well as the MLS Terms of Use.  You are responsible for all activities related to the Services that occur through your account and password.  It is your responsibility to keep your ListSoft, Inc. profile information accurate.  You agree to keep your password confidential, not use others' accounts, nor permit others to use your account.  ListSoft, Inc. reserves the right to terminate accounts in its discretion.

Termination

You may deactivate your account at any time.  After you deactivate your account, you will no longer have access to the Services.  If you'd like to deactivate your account contact your ListSoft, Inc. Agent or Customer Service.  ListSoft, Inc. may terminate this Agreement or your account at any time, with or without notice.

License

When using this Web site, you may generate certain content, including, but not limited to, photos taken by you using the Web site and comments made by you using the Web site (“Content”).  You hereby grant to ListSoft, Inc. a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly display or reproduce the Content, including without limitation distributing part or all in any media formats through any media channels, provided such use, modification, deletion or addition does not materially change the Content; except Content not shared publicly ("private") will not be distributed, displayed or reproduced unless explicitly shared by you in the Web site.

Intellectual Property Ownership and License

All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by ListSoft, Inc. or are licensed by ListSoft, Inc. for use on the Sites.  Our site features Google Maps, please review their privacy policy, legal notices and terms of use.  Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively “Transmit” or “Transmitting,” as appropriate) Content on or through ListSoft, Inc., you agree to provide true, accurate and complete information, and to refrain from impersonating or falsely representing your affiliation with any person or entity.  You are entirely responsible for all Content that you provide or otherwise make available via ListSoft, Inc.  Unless we indicate otherwise, you grant us, our subsidiaries and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy and display such Content throughout the world in any form.  You also warrant and represent that you own or otherwise control all of the rights to such Content, including, without limitation, all the rights necessary for you to Transmit such Content and to transfer your or others’ interests in such Content to ListSoft, Inc., and you represent and warrant that the Content will not violate the Terms of Use or cause injury to any other person or entity and will not constitute material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable.  We take no responsibility and assume no liability for any material, Content, opinion, recommendation or advice submitted by you or any third party.  We have no obligation to post any Content you provide, and reserve the right to post our own versions of that Content (including, but not limited to, photos of properties or property descriptions) instead of yours at our sole discretion.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.

YOUR ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password.  We recommend that you memorize this information, and not write it down.  You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services.  WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.

Indemnification

You agree to indemnify ListSoft, Inc. and hold ListSoft, Inc. harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the ListSoft, Inc. Sites or using the ListSoft, Inc. Services.

Disclaimer of Warranties 

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms or other harmful, invasive or corrupted files, interference, hacking or other security intrusion, and we disclaim any liability relating thereto.  You agree that we have the right to change the Content or technical specifications of any aspect of the Services at any time at our sole discretion.  You further agree that such changes may result in your being unable to access the Services.  We make no guarantees, representations or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted or without errors.  Any documents, pictures or other information available on the Services are for informational purposes only and may not represent the current condition of a property or the condition of the property at the time of sale.  The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property.  You are encouraged to conduct your own due diligence and investigate all matters relating to any properties.  It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good-faith efforts in determining that the content of all information provided to or obtained by you is accurate.

Some of the available content, services and information may include materials that belong to third parties.  You acknowledge that we assume no responsibility for such content, services or information.  The content of other websites, services, goods or advertisements that may be linked to or from the Services is not maintained or controlled by us.  We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on or to the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services or goods that may be linked to or from the Services.

LIMITATION OF LIABILITY

IN NO EVENT SHALL LISTSOFT.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE PROFESSIONALS, BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GENERAL

This agreement is governed by the laws of the State of California, USA.  You hereby consent to the exclusive jurisdiction and venue of courts in San Luis Obispo County,  California, USA in all disputes arising out of or relating to the use of this Website.  Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and ListSoft, Inc. as a result of this agreement or use of this Website.  ListSoft, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ListSoft, Inc.’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by ListSoft, Inc. with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.  This agreement constitutes the entire agreement between the user and ListSoft, Inc. with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ListSoft, Inc. with respect to this Web site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.