Terms of Use
Last updated: April 30, 2015
Communications
By creating an Account on our service or otherwise contribute or activate content on the ListReports service, you agree to subscribe to newsletters, marketing, promotional or sponsored materials and other information we may send which may take a variety of forms and methods inclusive of, but not limited to, electronic communications such as email and SMS/text messaging. Receipt of such sponsored material may create additional fees and charges with your mobile or data provider. You are responsible for all such costs. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email or text message we send.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, errors and inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be priced inaccurately, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, sweepstakes and promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post, contribute, or otherwise activate through the Service, including its legality, reliability, and appropriateness.
By posting, contributing, or otherwise activating Content on the ListReports domain, platform, or other digital properties owned, or in partnership with ListReports, on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) that you have given expressed consent and approval through the activation and acceptance of any content published to make assets publically available. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. This includes but is not limited to any professional or company marks, logos, images, or colors used by the customer. Use of these items implies that you have permission to use such assets from the appropriate party. By posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
ListReports has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content created by ListReports and found on or through this Service are the property of ListReports, or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Advertising
ListReports reserves the right to deliver advertising and other commercial or sponsored content that is valuable to our users and partners on any and all digital assets owned, or in partnership with, ListReports at our discretion.
In relation to content created by users on the ListReports domain, owned digital assets, and partnering digital properties, by accepting these Terms and Conditions, you adhere to the ListReports Advertising policy allowing advertising elements to be present in areas where your content exists on our digital properties inclusive of, but not limited to, your name, profile picture, content, general and property information in connection with commercial, sponsored, or related content served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display and distribute digital content and information supplied by you for the purposes of public consumption of the ListReports digital assets, without any compensation to you.
Further, your activation of any content within the ListReports platform that contains advertising shall in no way deemed as a direct or implied endorsement of the advertiser or commercial sponsor, nor shall this activation be deemed in any way an endorsement of business or partnership with the represented advertiser.
Any and all information provided by public consumers that come in contact with ListReports digital assets and digital properties is the property of ListReports. This includes but is not limited to contact information pro-actively provided by consumers on a web inquiry forms. ListReports reserves the right to allow the users and select partners to have access to this information that come as a result of this, and similar, consumer activities of providing information on ListReports digital assets and properties.
Any advertising issued by ListReports on behalf of our advertising and sponsorship partners outside of ListReports digital assets and properties will comply with Advertising Guidelines of the selected partners and platforms.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ListReports and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ListReports.
Links to other websites
Our Service may contain links to third party web sites or services that are not owned or controlled by ListReports.
ListReports has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that ListReports shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such data, content, goods or services available on or through any such third party web sites or services. All 3rd party data is provided as is. You should review all data provided prior to using or distributing to other parties inclusive of but not limited to clients, agents, or in any other public or private domain. We are not responsible for the accuracy of the data and cannot guarantee its accuracy.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
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.
Indemnification
You agree to defend, indemnify and hold harmless ListReports and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, c) Content posted on the Service, or d) your use of any and all assets posted to 3rd party sites that carry their own rules, regulations, and policies around content that is placed on their domain. For avoidance of doubt, this includes the use of infographics and other images created within our service, and their placement on Multiple Listing Services. These organizations carry their own policies, and use of ListReports assets is at your own risk.
Limitation of Liability
In no event shall ListReports, nor its directors, employees, partners, advertisers, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.