Terms of Use

Welcome to Listiway terms. Please read these Terms of Service ("Terms", "Terms of Service" or "Terms of use") carefully before using Listiway website, its subdomains and various related services (collectively, the "Site"), operated by Listiway, LLC ("Us", "We", "the Company" or "our Company"). The following terms apply when you view or use the service via our site or by accessing the service through clicking on the application (the "App") on your mobile device.

It's important that you understand that, by using this site, you agree to be bound by these terms of use effective immediately upon commencement of your use of this site and services. We work very hard to make Listiway perfect for you and your business, and if you do not share our vision or do not wish to be bound by these terms, please exit the site. By doing so, you remedy your dissatisfaction with our site, service, content or other information available on or through this site.

These terms are effective as of 01/07/2019.

1. Our privacy policy

We respect the privacy of our users. Please refer to our Privacy Policy (found here: https://listiway.com/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use our service, you signify your agreement to this Privacy Policy.

2. Permissible Use

Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client. Without limitation, lending professionals and institutions are prohibited from using information provided by our site through the Services in making any loan-related decisions. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, you agree not to provide/post/authorize a link to any of the Services (including but not limited to your agent profile page) from a third party website that is not a real estate related website owned or operated by a real estate or lending professional or institution.

3. Restrictions And Additional Terms

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes.

(a) You agree not to use the Services in any way that is unlawful, or harms the company, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches any other policy or notices on the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services.

(b) Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Listiway. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.

(c) If you, as a consumer, choose to contact a real estate agent or a Lender through the Services by filling out a contact or other request form on the Services, you authorize Listiway to provide your name and contact information and other identifying information youo provide to the applicable real estate agent or Lender. You acknowledge that, by submiting your contact request or other request form on the Services, you may receive telemarketing calls from or on behalf of the real estate agent or Lender at the telephone number(s) you provide.

4. Materials you provide; Account Use; Privacy; Third Party Web Sites

For materials you post or otherwise provide to Listiway in connection to the Services (your "Submission"), you grant Listiway an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Listiway will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Listiway may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Listiway the rights in this paragraph, that Listiway's use of the Submission will not infringe any third party rights and that the Submission complies with Section 3(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services. Listiway will not use lead contact information that is uploaded by agents into the Services for any purpose.

You may not share your user account(s) with others. You are responsible for all actions taken via your account. Listiway will treat your use of the Services in accordance with its Privacy Policy. Certain Listiway functionalities may involve the distribution of your Submission to third party Web sites over which Listiway has no control. Listiway is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.

5. The Role of Listiway

Listiway is not a licensed real estate broker or agent, does not provide broker real estate transaction, does not act as a real estate agent for you or any other user. Listiway does not sell, buy or negotiate the purchase, sale or exchange of real property. Further, Listiway does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.

6. Linked Materials and Third-Party Materials

The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. Listiway does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that Listiway has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Listiway takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

7. Real Estate listings

When create and/or updating a Real Estate listing through Listiway, you agree to the following: (i) you are the listing agent of this property, (ii) you have authority to act on behalf of the owner of this property; (iii) you are in compliance with the home owner's association, broker, MLS and/or local Association of REALTORĀ® rules, regulations and policies, (iv) you have received the approval to list, showcase and advertise this property, (v) you will not provide incorrect information or state a discriminatory preference; and (vi) you will comply with Listiway's TOS and Privacy Policy.

8. Intellectual property

You may not use any of the Listiway's trademarks or name as part of your screen name or email address on the Services. Any rights not expressly granted herein are reserved. Listiway does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.

9. NO WARRANTY

LISTIWAY PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTIWAY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LISTIWAY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

10. LIABILITY LIMITATION; EXCLUSIVE REMEDY

IN NO EVENT WILL LISTIWAY OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST LISTIWAY OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

11. Changes; Discontinuance

Listiway reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Listiway's properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Listiway may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.

12. Choice of Law; Disputes

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Florida, without regard to conflict of law provisions. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

13. Termination

We may terminate or suspend access to our site and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Update

These Terms were last updated on: 01/07/2019.