ListingNet Terms Of Use

ListingNet Terms Of Use

1. INTRODUCTION

These Terms of Use (“Terms”, “Terms and Conditions”) explain the business-related terms, rules, and conditions of our website. Throughout the website, the terms “we”, “us” “our”, and “platform”, refer to our website and through this website we offer all information, tools, and services available from this website to you, the “user”, “client”, “customer”, and all these tools, information and services (collectively called “services”) are conditioned upon your acceptance of all terms, conditions, policies, and notices stated on and through our website. By visiting our website and/or purchasing something from us, you engage in our “service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the website, including, without limitation, users who are brokers, agents, landlords, owners, customers, property managers or anyone who is using this website and its services in any capacity.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the rules, conditions and terms of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms of our website. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Definitions and Explanations

For the purposes of these Terms, the following terms shall have the meanings set forth below:

1.1. "Company," "we," "our," or "us" means ListingNet LLC (the company), ListingNet’s website located at (HTTPS://LISTINGNET.COM), the owner and operator of the platform and provider of the services.

1.2. "Platform" means the Company’s website, mobile applications, and any related digital tools, software, or online systems provided by ListingNet.

1.3. "Services" means the cleaning, maintenance, eco-friendly treatments, booking system, payment processing, and related support services offered through the platform.

1.4. "User," "you," or "your" means any individual or entity accessing or using the platform or services, including customers, clients, or authorized representatives.

1.5. "Agreement" or "Terms" means these Terms of Service, including any referenced policies, disclaimers, statements, schedules, or addenda, as amended from time to time.

1.6. "Dispute" means any controversy, claim, or disagreement arising out of or relating to these Terms, the platform, or the services.

1.7. "Arbitration" means a binding dispute resolution process conducted under the American Arbitration Association (AAA) Rules, unless otherwise specified.

1.8. "Force Majeure" means any event or circumstance beyond a party’s reasonable control that prevents or delays performance of obligations, including but not limited to natural disasters, fire, flood, war, terrorism, strikes, labor disputes, government restrictions, supply chain interruptions, power outages, or failures of internet or telecommunication systems.

1.9. "Confidential Information" means all non-public information disclosed by the ListingNet to the User (or vice versa) in connection with the services, whether in oral, written, digital, or other form, including but not limited to personal data, business practices, and proprietary content.

1.10. "Survival" means that certain obligations, rights, or limitations (such as disclaimers, liability limits, indemnification, and dispute resolution) will remain enforceable even after termination of these Terms.

2. ELIGIBILITY AND REQUIREMENTS

2.1. Age Requirement
The access and use of our website’s services is limited to the users who are atleast 18 years of age or older and who are legally fit to enter into binding agreements under applicable law. By using any of our services and creating an account on this website, you hereby confirm that you meet these requirements.

2.2. Information Requirement
The usage of our website and services therein is subject to your agreement to provide information that is true, accurate, current, and complete at all times. When you create an account, submit a property listing, participate in an auction, or use any other feature of the platform, you are required to provide information that is truthful, correct, and not misleading. Any attempt to register or interact with the platform using inaccurate, incomplete, or deceptive details may lead to immediate suspension of your access, and in serious cases, your account may be permanently closed.

2.3. Authorized Users Only
The website and services are intended only for legitimate participants in the property market, including owners and landlords who have the lawful right to lease, sell, or auction their properties; licensed real estate professionals such as agents, brokers, auctioneers, and property managers who act within the limits of their license and comply with all applicable laws; individuals who are genuinely seeking to rent, purchase, or bid on real estate; and independent service providers who may use the platform to offer their services to property owners or tenants, provided they hold the necessary licenses or certifications where required.

2.4. Compliance With Law
All users, whether owners, buyers, tenants, agents, or independent contractors, must comply with applicable federal, state, and local laws when using ListingNet. This includes but is not limited to real estate licensing laws, fair housing regulations, auction laws, and consumer protection requirements. Users are solely responsible for ensuring they meet all such obligations before engaging in any activity on the platform.

2.5. Business Users
Companies, brokerages, and other business users may establish an account on ListingNet, but they must ensure that only duly authorized employees, agents, or representatives access and use the services on their behalf. The entity will be held accountable for all actions taken under its account.

2.6. Restrictions
You can only use our services through your own account and you can never use another member’s account without permission. Doing so may get you banned indefinitely.

3. SCOPE OF SERVICES

3.1. Property Listings Access
ListingNet provides users with access to a wide range of property listings, including but not limited to commercial properties, units, commercial buildings, vacant land, and investment properties. These listings are supplied by property owners, landlords, agents, or other third-party providers, and the availability or accuracy of listings is subject to change without notice.

3.2. User Connections
The platform facilitates connections between buyers, sellers, landlords, tenants, and service providers. While we enable communication and interaction between parties, we do not participate in, control, or guarantee any transaction, negotiation, or agreement that may result from these connections.

3.3. Property Auctions
Where applicable, ListingNet may host or provide access to online property auctions. Auction-related rules, timelines, and obligations are determined by the listing party or auction organizer. ListingNet is not responsible for the outcome of any auction, nor do we provide financial guarantees for such activities.

3.4. Optional Tools and Features
The platform may provide optional tools, such as in-app messaging, advertising opportunities, promotional placements, and marketing features. These tools are offered to enhance user experience but are not a substitute for professional advice, due diligence, or legally binding agreements.

3.5. Third-Party Integrations
Certain services, such as payment processing, document management, or verification checks, may be provided through third-party integrations. While we aim to partner with reputable providers, we are not responsible for their actions, terms, or services. Users should review third-party policies before engaging with such tools.

3.6. User Responsibility
All users are solely responsible for ensuring the accuracy of information they provide, the legality of their transactions, and compliance with applicable local, state, national, or international laws. ListingNet does not guarantee the condition, ownership, or value of any listed property.

3.7. Legal Disclaimer
LISTINGNET IS NOT A REAL ESTATE BROKER, AGENT, FINANCIAL INSTITUTION, OR LEGAL ADVISOR. WE DO NOT PROVIDE BROKERAGE SERVICES, LEGAL REPRESENTATION, FINANCIAL COUNSELING, OR PROPERTY MANAGEMENT. ALL TRANSACTIONS, COMMUNICATIONS, AND AGREEMENTS MADE THROUGH THE PLATFORM ARE SOLELY BETWEEN USERS. USERS ARESTRONGLY ENCOURAGED TO CONDUCT INDEPENDENT RESEARCH, SEEK PROFESSIONAL LEGAL OR FINANCIAL ADVICE, AND PERFORM DUE DILIGENCE BEFORE ENTERING INTO ANY TRANSACTION.

4. ACCOUNT REGISTRATION

     4.1. Requirement for Registration

I. Users may be required to create an account to access certain features of the platform, such as listing properties, placing bids, participating in auctions, or accessing premium services.
II. By registering, you agree to provide accurate, current, and complete information during the sign-up process.
III. You further agree to update your information as necessary to ensure that it remains accurate and complete at all times.

     4.2. Responsibility for Account Security

I. You are solely responsible for maintaining the confidentiality of your login credentials, including your username, password, and any security codes associated with your account.
II. All activities conducted through your account will be presumed to have been authorized by you, whether or not actually undertaken by you.
III. ListingNet shall not be liable for any loss or damage arising from unauthorized use of your account, unless such access results directly from a proven failure on our part to maintain security safeguards.

     4.3. Prohibited Account Practices

I. You agree not to share, transfer, or otherwise allow third parties to use your account without prior written authorization from ListingNet.
II. You may not impersonate another person or entity, or misrepresent your identity or affiliation, when creating or using an account.
III. ListingNet reserves the right to suspend or terminate accounts found to be in violation of these requirements, without prior notice and at its sole discretion.

5. User Responsibilities

     5.1. Compliance with Laws

I. You agree to comply with all applicable local, state, federal, and international laws, rules, and regulations, including but not limited to real estate laws, landlord–tenant laws, consumer protection statutes, auction regulations, and fair housing requirements.
II. You are solely responsible for understanding and adhering to the legal obligations that may apply to your use of the Platform in your jurisdiction.
III. Any failure to comply with such laws may result in suspension of your account, termination of access to the platform, or referral to appropriate regulatory authorities.

     5.2. Accuracy of Information

You must provide truthful, accurate, and up-to-date information when listing properties, creating profiles, or engaging in transactions on the platform. Any misrepresentation, omission of material facts, or fraudulent statements regarding properties, pricing, ownership, or related matters is strictly prohibited and may be subject to investigation. ListingNet reserves the right, at its sole discretion, to edit, suspend, or permanently remove any listing or account found to contain misleading, false, or inaccurate information, and such conduct may also expose you to legal liability.

      5.3. Prohibited Uses

You may not use the platform for fraudulent, unlawful, deceptive, defamatory, or harmful purposes, nor may you engage in any activities that disrupt, interfere with, or negatively impact the integrity, functionality, or security of the platform. Misuse of the platform, including but not limited to spamming, unauthorized data collection, distribution of malware, or exploitation of other users, will be considered a serious violation and may result in immediate account suspension, permanent termination of access, and potential legal action.

6. PROPERTY LISTINGS AND CONTENT

6. Property Listings
6.1. Accuracy and Lawful Use of Listings

I. All property listings you submit through the platform must be accurate, complete, and truthful, reflecting the actual condition, availability, and characteristics of the property being offered.
II. You are prohibited from including false, misleading, exaggerated, defamatory, discriminatory, or unlawful information in any listing, including misrepresentations about property size, amenities, pricing, or ownership.
III. You must ensure that your listings do not infringe upon or violate the intellectual property, contractual rights, privacy rights, or proprietary interests of any third party, including photographs, floor plans, trademarks, written descriptions, or other protected material.
IV. All required disclosures under applicable housing, rental, lease, fair housing, and consumer protection laws must be made clearly in the listing, including but not limited to restrictions, fees, or material defects.
V. You are solely responsible for updating or removing outdated listings to ensure that information such as availability, pricing, or property status remains current and accurate at all times.
VI. You may not post listings that include or promote illegal activities, discriminatory practices, offensive material, or hazardous conditions that violate applicable laws or community standards.
VII. You must represent and warrant that you have the legal authority, ownership rights, or appropriate authorization to list the property, and that doing so does not breach any lease agreements, covenants, or other contractual obligations.
VIII. All listings must comply with fair competition and consumer protection standards, and may not be used to manipulate markets, mislead consumers, or unfairly compete with other users.

6.2. License to Use Submitted Content

By posting or submitting property listings, images, descriptions, or related content on the platform, you grant ListingNet a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, display, reproduce, distribute, adapt, and promote such content in connection with the operation, marketing, and improvement of the platform. This license is limited to purposes directly connected to the services provided by ListingNet and does not transfer ownership of your content. You remain solely responsible for the accuracy, legality, and appropriateness of the content you submit, and you represent that you have all rights and permissions necessary to grant the license described above.

6.3. Platform’s Rights to Manage Listings

We reserve the right, but not the obligation, to review, edit, monitor, remove, or reject any property listing or related content at any time and for any reason, including but not limited to violations of these Terms, legal noncompliance, or user complaints, and may suspend or terminate accounts engaged in repeated violations or abusive practices; however, any removal, rejection, or moderation of content does not relieve you of your responsibility, liability, or obligations arising from inaccurate, unlawful, or infringing listings.

7. AUCTION TERMS OF USE, RULES AND CONDITIONS (If and When Applicable)

7.1. General Auction Framework

I. Auctions conducted through the platform may apply to residential, commercial, rental, investment, foreclosed, or distressed properties.
II. Auctions are carried out exclusively online in an anonymous bidding format, where bidders may be identified only by username or nickname.
III. ListingNet LLC acts solely as a digital marketplace and facilitator. We are not a real estate broker, agent, escrow provider, attorney, or financial advisor, and we do not guarantee the completion or enforceability of any transaction initiated through the auction process.

7.2. Bidding and Auction Rules

I. Each seller may set a starting price for the property, and bidding increments may be predefined to ensure fair and transparent competition.
II. The auction remains open for a predetermined period, after which the highest bid at the time of closing will be considered the winning bid.
III. By placing a bid, you acknowledge and agree that you are entering into a binding legal obligation to purchase the property if your bid is accepted by the seller. Bids may not be withdrawn except where required by applicable law.
IV. All bidders must ensure that they have the legal capacity, financial resources, and any necessary approvals to complete the transaction prior to placing a bid.
V. Bidders are responsible for conducting their own due diligence, including inspections, appraisals, title reviews, and other verifications before submitting an offer.
VI. Shill bidding, collusion, artificial price inflation, or other fraudulent practices are strictly prohibited and may result in immediate disqualification, legal liability, and account termination.
VII. The seller reserves the right to accept, reject, or counter any bid, including the highest bid, in accordance with applicable laws and auction rules.
VIII. In the event of technical errors, system malfunctions, or platform downtime that affects the auction process, ListingNet reserves the right to cancel, extend, or re-run the auction without liability.
IX. Any deposits, escrow payments, or financial commitments made by bidders must be honored in accordance with the agreed terms; failure to comply may result in forfeiture of funds and additional legal remedies.
X. ListingNet acts solely as a facilitator of the auction process and is not responsible for the conduct of buyers, sellers, or third-party service providers involved in the transaction.

7.3. Payment Obligations

I. The winning bidder may be required to pay a non-refundable earnest money deposit, which will be billed manually or in conjunction with subscription or auction fees.
II. ListingNet does not hold, manage, or disburse funds on behalf of buyers or sellers and assumes no responsibility for payment disputes.

7.4. Seller Responsibilities

I. Sellers must disclose all material information regarding the property, including but not limited to title, encumbrances, condition, known defects, and applicable restrictions.
II. Sellers are responsible for ensuring that all property listings comply with local, state, federal, and international laws, including fair housing and consumer protection laws.

7.5. Fraud Prevention and Prohibited Conduct

Fraudulent bidding, shill bidding, collusion, market manipulation, or other deceptive practices are strictly prohibited. Users who engage in prohibited conduct may face immediate suspension or termination of their account, forfeiture of fees or deposits, and potential civil or criminal liability. ListingNet reserves the right to monitor auctions, investigate suspicious activity, and cooperate with law enforcement or regulatory authorities where required.

7.6. Platform Fees and Commission

I. ListingNet may charge subscription fees, service fees, or commissions to buyers, sellers, or both, depending on the auction terms agreed upon during registration.
II. All applicable fees must be paid in accordance with the platform’s billing terms, and failure to pay may result in suspension of access, account termination, or forfeiture of auction participation rights.
III. Specific fee structures and commission arrangements, if any, will be disclosed in the applicable auction listing or subscription agreement.

7.7. Disclaimer

ALL AUCTION ACTIVITIES CONDUCTED ON LISTINGNET LLC ARE PROVIDED STRICTLY ON AN AS-IS AND AS-AVAILABLE BASIS. LISTINGNET DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, LEGALITY, OR RELIABILITY OF PROPERTY LISTINGS, AUCTION RESULTS, OR TRANSACTION OUTCOMES. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING PROPERTY VALUE, CONDITION, OWNERSHIP, OR FITNESS FOR A PARTICULAR PURPOSE. BUYERS AND SELLERS ARE SOLELY RESPONSIBLE FOR CONDUCTING THEIR OWN DUE DILIGENCE, INCLUDING INSPECTIONS, APPRAISALS, TITLE SEARCHES, LEGAL REVIEWS, AND FINANCIAL ASSESSMENTS, BEFORE ENTERING INTO ANY BINDING AGREEMENT. PARTICIPATION IN AUCTIONS IS AT YOUR OWN RISK, AND LISTINGNET SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR DISPUTE ARISING FROM AUCTION PARTICIPATION, PROPERTY TRANSACTIONS, OR RELIANCE ON INFORMATION PROVIDED THROUGH THE PLATFORM.

8. PAYMENTS, FEES AND CHARGES

I. Some features of the platform may require payment (e.g., premium listings, advertising, auction entry fees, or other optional services).
II. All fees are clearly disclosed prior to purchase and are strictly non-refundable unless otherwise required by applicable law.
III. Payments are processed through secure third-party payment processors; ListingNet does not directly collect, retain, or store your payment card or banking information.
IV. In addition to the charges or obligations described in Section 7 (Auction Terms), users may be responsible for any applicable platform fees, transaction charges, or taxes associated with their use of the platform.
V. You are solely responsible for ensuring that the payment information provided is accurate and up to date, and ListingNet reserves the right to suspend or restrict access to paid features if payments cannot be processed or are disputed.

9. INTELLECTUAL PROPERTY

The platform, including its design, logos, features, software, and original content, is owned by ListingNet or its licensors and is protected by copyright, trademark, and other applicable intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from the platform or its content without our prior written consent.

9.1. Ownership of User-Uploaded Content

Pictures, images, and other materials uploaded by users remain the sole property of the respective user. By uploading such content, you represent and warrant that you own or have obtained all necessary rights and permissions for such use.

9.2. License Granted to ListingNet

By uploading content, you grant ListingNet a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute the content for purposes directly related to the operation of the platform. Additionally, you agree that ListingNet may use uploaded images and related content for marketing, promotional, and advertising purposes, in both digital and print form, unless you notify us in writing requesting otherwise.

9.3. Copyright & DMCA Compliance

I. If any uploaded content is alleged to infringe upon a third party’s copyright or other intellectual property rights, or if a valid claim is made under the Digital Millennium Copyright Act (DMCA) or applicable law, such content may be removed or deleted at ListingNet’s discretion.
II. Users who uploaded the content will be notified of the removal and retain the right to appeal or dispute the claim by providing sufficient evidence of ownership or authorization.
III. ListingNet reserves the right to permanently disable accounts that repeatedly infringe on the intellectual property rights of others.

10. GENERAL DISCLAIMERS

10.1. No Warranty

The platform and its services are provided without any warranties or guarantees of any kind, whether express or implied. This includes, but is not limited to, implied warranties of accuracy, reliability, completeness, merchantability, non-infringement, uninterrupted availability, error-free performance, or suitability for a particular purpose. Users understand and agree that use of the platform is entirely at their own discretion and risk.

10.2. Third-Party Content

The platform may contain user-generated content, property listings, advertisements, and links to third-party websites or resources. While such content may be accessible through the platform, ListingNet does not verify, endorse, or guarantee its accuracy, legality, or reliability. Users acknowledge that any reliance on third-party content or services, as well as interactions with external websites, is undertaken solely at their own discretion and risk, and ListingNet bears no responsibility or liability for any resulting issues, disputes, or damages.

10.3. Limitation of Liability

To the fullest extent permitted by law, ListingNet shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages that may arise from the use of, or inability to use, the platform. This includes, without limitation, losses related to data, revenue, profits, goodwill, business opportunities, service interruptions, or disputes and fraudulent activity between users.

10.4. Indemnification

By using the platform, you agree to indemnify, defend, and hold harmless ListingNet, its affiliates, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising from or related to your use of the platform, your violation of these Terms, or your infringement of the rights of any third party.

11. TERMINATION

We may suspend or terminate your access at any time if you violate these Terms or engage in unlawful or harmful behavior. You may deactivate your account at any time.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

12.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms, the platform, or the services provided shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, unless applicable law prohibits arbitration. The arbitration shall take place in Texas, and the language of the proceedings shall be English.

12.3 Class Action Waiver

To the fullest extent permitted by law, all disputes must be brought in an individual capacity, and not as a plaintiff or member of any class, consolidated, or representative proceeding. You expressly waive the right to participate in a class action, class arbitration, or any other representative action.

12.4 Judicial Forum for Non-Arbitrable Claims

If a dispute is found not to be subject to arbitration, the parties agree that such claims shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas.

13. GENERAL CONDITIONS

13.1. Entire Agreement

These Terms, together with any policies, disclaimers, or additional agreements expressly referenced herein, constitute the entire agreement between you and ListingNet LLC regarding the use of the platform. They supersede and replace any prior or contemporaneous agreements, communications, or understandings, whether oral or written.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

13.3. No Waiver

The failure by ListingNet to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of ListingNet.

13.4. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of ListingNet. We may assign or transfer our rights and obligations under these Terms without restriction, including as part of a merger, acquisition, or sale of assets.

13.5. Force Majeure

We shall not be held liable or responsible for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, war, terrorism, strikes, labor disputes, government actions, utility failures, interruptions in internet or telecommunications services, or other force majeure events.

13.6. Survival

Any provisions of these Terms which by their nature should survive termination (including but not limited to disclaimers, limitation of liability, dispute resolution, and indemnification) shall remain in effect after termination of your use of the platform.

13.7. Headings

Headings and section titles in these Terms are provided for convenience only and shall not affect the interpretation or construction of these Terms.

13.8. Notices

All notices, requests, or other communications under these Terms must be in writing and will be deemed given: (i) when delivered personally; (ii) when sent by certified or registered mail, return receipt requested; (iii) when delivered by a nationally recognized courier service; or (iv) when sent by email to the most recent email address provided by you or published by ListingNet.

14. CHANGES TO TERMS

We may update these Terms from time to time. Continued use after updates constitutes acceptance of the revised Terms.

15. Contact Information

If you have questions about these Terms, please contact us at SUPPORT@LISTINGNET.COM.