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Listed Simply Terms of Use

Acceptance of Terms

Welcome to Listed Simply Inc. (“Listed Simply”), a technology-powered online real estate brokerage. By accessing or using the Listed Simply websites (“Websites”) (defined to include mobile, Websites or otherwise, owned and operated by Listed Simply), related data, tools, applications and/or related services (collectively referred to as “Services”), you agree to be bound by the following terms of use as updated (“Terms of Use”). These Terms of Use constitute a binding contract between Listed Simply and you. You are responsible for regularly reviewing the Terms of Use. Listed Simply complaints or questions regarding these Terms of use may be sent to support@listedsimply.com. If you do not wish to be bound by these Terms of Use, including the binding arbitration clause and class action waiver contained herein below, you may not access or use any part of the Listed Simply Websites, use the Services or create an account. Any person accessing the Listed Simply Websites is referred to as “you.” Listed Simply reserves the right, at its sole discretion, to modify or discontinue the Services, or any portion thereof, with or without notice, and without liability to you.

Eligibility and Registration

You must be at least 18 years old to use the Services. You may choose to create an account and provide certain information, including a valid email address and a password. If you want to list your home, you will have to register with us. You agree to provide accurate and truthful information, and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorized use of your information. You may not share your password with unaffiliated third parties.

By providing your information, you consent to us or other vendors we work with to contact you about your interest in the Services by email, phone or through any other contact information you have chosen to provide. You may opt out of marketing by unsubscribing to each method of contact.

Intellectual Property

All parts of the Services, including, but not limited to, all applications, information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, literature, technical information, advertisements, the selection, compilation, arrangement and presentation of all materials, and the Websites, tools and all other content or materials (“Content”), are owned and copyrighted by Listed Simply and/or third parties, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of our Content without our express prior written permission is strictly prohibited. You may use the Content of the Services, but you may not alter it or change any copyrighted notices without our permission.

You may not use any of our Content, trademarks, trade names, service marks, copyrights or logos in any manner which creates the impression that such items belong to or are associated with you unless you have our written consent and you acknowledge that you have no ownership rights in or to any of such items. Allowing others to use our content is prohibited. You may not use your own web design skills to “frame” the Websites and pretend they are yours. You may link to the Websites, provided that you acknowledge the source and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or that violates any intellectual property, proprietary, privacy or publicity rights.

You agree that Listed Simply may, at its sole discretion and at any time, terminate your access to and use of the Services, with or without notice. You further agree that use of the Listed Simply Services will be immediately terminated if you violate these Terms of Use.

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 Listed Simply, 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 Listed Simply. Unless we indicate otherwise, you grant us, our subsidiaries and affiliates a nonexclusive, transferrable, royaltyfree, 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 Listed Simply, 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.

You assign us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the Terms of Use, scraped, copied or distributed Content from the Services that has been provided to us by you and for which you have not granted such third parties a separate license to use.

By Transmitting Content to Listed Simply, you grant, and you represent and warrant that you have the right to grant, to Listed Simply an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute the Content, and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

How Listed Simply May Communicate With You

For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in or buyers who may be interested in your home), you agree that Listed Simply may communicate with you through the contact information associated with your Listed Simply account, including your device ID, email, mobile number, telephone or the postal address you provided, if any. Listed Simply has no liability arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you may make requests for home tours, real estate agent contact, help selling or buying a home, or other requests. By making those requests, you authorize Listed Simply to share your personal information, including your home search history, favorites and saved searches, with a real estate professional. When you make such a request to Listed Simply, you are extending an express invitation for Listed Simply, or another appropriate entity or person, to contact you.

Please read this section carefully — it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

By using the Services, you irrevocably agree: (a) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with us or relating in any way to your use of the Services or the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of this agreement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively by final and binding arbitration in San Diego County, California, before one arbitrator; and (c) that the arbitrator will not have the authority to consolidate the Claims of other users of the Services (“Users”) and will not have the authority to fashion a proceeding as a class or collective action, or to award relief to a group or class of Users in one arbitration proceeding.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, and in accordance with the Expedited Procedures in those rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of California, San Diego County. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court. Judgment on any arbitration award may be entered in any court having jurisdiction. In any arbitration arising out of or related to these Terms of Use, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

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 which if known by him or her must have materially affected his or her settlement with the 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

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LISTED SIMPLY, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LISTED SIMPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF LISTED SIMPLY, AND ALL OTHER USE OF LISTED SIMPLY, IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS THEREFROM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THE SERVICES WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend and hold Listed Simply, our subsidiaries, affiliates, thirdparty vendors, directors, officers, employees and agents harmless, including costs, liabilities and legal fees, from any and all claims or demands made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; (iii) the content you submit to the Services; or (iv) any breach by you or your affiliates, employees, agents and representatives of the Terms of Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it

Release

You release Listed Simply, its affiliates and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Listed Simply), the Terms of Use constitutes the entire agreement between you and Listed Simply with respect to the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Listed Simply with respect to the Services. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

MLS Terms of Use

Before you may view pictures and prices of sold homes or read comments on active listings, our multiple listing service (“MLS”) data providers require you to acknowledge that you are considering Listed Simply as your real estate agent/broker. You have no obligation to work with Listed Simply or to buy or sell a home. You can choose to work with Listed Simply or not. You acknowledge and agree that: (a) you are entering into a consumer-broker relationship with Listed Simply as defined by applicable state law and that you have no obligation to work with Listed Simply, and you may terminate your account with Listed Simply at any time; (b) you have a bona fide interest in the purchase, sale or lease of real estate on the Listed Simply Website; (c) you will not copy, redistribute or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property; (d) you acknowledge that the individual MLS which supplies the listing data owns such data, and you acknowledge the validity of the MLS’s copyright to such data; (e) Listed Simply also explicitly authorizes MLS employees, MLS members or their duly authorized representatives to access Listed Simply’s Website for the purpose of verifying compliance with MLS rules and monitoring the display of listings posted by users of Listed Simply.

MLS Only Terms of Use

If you are using Listed Simply’s services to post your home for sale on the MLS, you will be provided a MLS Only Listing Agreement. Before you are able to list your home on the MLS through the services of Listed Simply, you must sign the MLS Only Listing Agreement.