WebListers™ - Terms & Conditions

Terms of Use

Revised January 11, 2016

Important: Please read these Terms of Use carefully before accessing this website.

     These Terms of Use create a legal agreement between you ("You" or "Your"), and in such case You register as a WebListers member according to these Terms of Use ("Member"), and WebListers, LLC ("WebListers") that governs: (1) the information made available through the website WebListers.com ("Information"); (2) the nature of the relationship between You, Members, and WebListers; (3) WebListers' use of Your information gathered through this website; and (4) Your use of this website, related websites, related advertising services, related analytics data, and the Information (collectively, the "WebListers Site"). For purposes of our Agreement, the term "website" may, at our option, include any current or future web apps, co-branded websites, and/or affiliated websites in which WebListers currently participates or may participate in the future. By accessing any portion of the WebListers Site or by becoming a registered Member, You are indicating that You have read and understand, and that You assent to be bound by, these Terms of Use, which may be amended from time to time by WebListers pursuant to the terms herein. If You do not agree to any part of these Terms of Use, You are not permitted to access or use the WebListers Site or become a WebListers Member.

THESE TERMS OF USE REQUIRE YOU TO GRANT WEBLISTERS CERTAIN RIGHTS AND LICENSES, PROVIDE WEBLISTERS CERTAIN INDEMNITIES, WAIVE CERTAIN RIGHTS AND REMEDIES, AND LIMIT WEBLISTERS LIABILITY AND OBLIGATIONS TO YOU.

YOU AGREE THAT THESE TERMS OF USE ARE SUPPORTED BY GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE OF THE WEBLISTERS SITE AND THE INFORMATION AVAILABLE ON THE WEBLISTERS SITE.

LeaseHub Membership.

     By registering a User ID and Password and initiating service with WebListers by completing the registration form and agreeing to pay the monthly fee and a one-time account setup fee (our current fee schedule is set forth here: https://www.weblisters.com/account/fee-schedule/leasehub.cfm, the Member must be logged in to access the fee schedule). You become a LeaseHub Member, are authorized to utilize the WebListers Site, and are granted the limited license described below. WebListers agrees to give Members a thirty (30) day notice if a price change occurs.

     Members can cancel membership at any time by providing thirty (30) days' notice. Members agree to pay for any and all purchases and services made through the WebListers Site, and to pay for any and all late fees, collections and/or attorney's fees resulting from any non-payment. WebListers will begin to bill Members for service no later than two (2) weeks following registration, or after Members have completed training, whichever comes first. Invoices are sent to Members via e-mail and on some occasions by fax. Optional mailing through the USPS is available for an additional charge per each mailed invoice. Our current fee schedule is set forth here: https://www.weblisters.com/account/fee-schedule/leasehub.cfm (the Member must be logged in to access the fee schedule). Any past due mailed invoices will also be charged per mailed invoice.

     If a Member's account becomes ninety (90) days past due or more, account access will be suspended. If an account is suspended due to a past due balance, the Member will not be able to access the WebListers Site until their account is no longer past due. Suspended accounts will continue to accrue charges.

User ID and Passwords.

     If You register a User ID and Password using the WebListers Site, become a Member, or provide certain information via the WebListers Site, You agree to complete the registration, or other process provided by the WebListers Site, by providing current, complete, and accurate information as requested by all forms generated by the WebListers Site. You may not provide any false or fraudulent information to WebListers to gain access to the WebListers Site, register a User ID or Password, or to become a Member.

     Members are responsible for safeguarding any password that are used to access any areas of the WebListers Site. Members agree to avoid disclosing passwords to any third party and that only Member and Member's employees are granted access to User ID(s) and Password(s). Members agree to take sole responsibility for any activities or actions under Member's User ID(s) and Password(s), whether or not Member has authorized such activities or actions. Member will immediately notify WebListers of any unauthorized use of Member's User ID(s) and Password(s). You may change Your password at any time using the WebListers Site.

Intellectual Property and License.

     All right, title, and interest in and to all advertisements, templates, analytics data, logic, design, and software coding, content, text, images, and other materials on the WebListers Site are either owned or licensed by us, and are protected by International copyright, trademark, and other laws and treaties. ALL RIGHTS ARE RESERVED.

     WebListers hereby grants Members registered in accordance with these Terms of Use a nonexclusive, nontransferable, limited license to use the WebListers Site. Members must keep intact, and may not remove or alter, any copyright or other proprietary notices on any advertisements, templates, content, text, image, or other material provided by the WebListers Site.

     If You are not a Member, You hereby agree that You shall not: (a) republish material from the WebListers Site; (b) sell, rent or otherwise sub-license material from the WebListers Site; (c) reproduce, duplicate, copy or otherwise exploit material on the WebListers Site for a commercial purpose; (d) edit or otherwise modify any material on the WebListers Site; (e) redistribute material from the WebListers Site; or (f) copy or modify the HTML or other software code provided by the WebListers Site.

     The WebListers Site can be used to generate content, such as, but not limited to, "Call to Action Photos", "PDF Flyers", "Postcards", "WebFlyers" and other materials that are created for the Member to use for advertising purposes. The Member may publish these materials on other websites and publications, however, this material is exclusively owned by WebListers and the Member must be in good standing in order to continue to publish and use these materials. The Member agrees that if their account has been terminated, canceled, or suspended they will no longer publish any materials generated from the WebListers Site.

Other Language Advertisements.

     WebListers provides an optional Other Language advertisement feature that Members may activate at any time. By using this feature, Member's current advertisement will require translation. WebListers may translate the advertisement for a fee, or you may have the advertisement may be translated prior to submitting to the WebListers Site. If Member chooses to have its advertisement translated by WebListers, a one-time fee for full translation and setup will apply. If Member requests to update its advertisement to an additional language, an additional fee will apply for translation of the advertisement into each additional language. Our current fee schedule is set forth here: https://www.weblisters.com/account/fee-schedule/leasehub.cfm (the Member must be logged in to access the fee schedule). The translation fee cannot be waived. To begin the process, simply contact your initial sales representative, or email info@weblisters.com.

Analytics.

     WebListers obtains and generates web site usage analytics related to the advertisements WebListers provides Members. Analytics are organized into a report that can be viewed in real time through the WebListers Site, and in weekly or monthly emailed reports.

No Unlawful or Prohibited Use.

     As a condition of Your use of the WebListers Site, or becoming a registered Member, You warrant that You will comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the WebListers Site and any related activities. Specifically, it is Member's responsibility to abide by the Fair Housing Act. The Federal Fair Housing Act makes it is illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination".

     In addition, You warrant that You will not use the WebListers Site in any way prohibited by these Terms of Use. If You do not comply with all applicable laws, statutes, ordinances, and regulations, or violate any of these Terms of Use (in WebListers' discretion), Your permission to use the WebListers Site will automatically terminate. WebListers reserves the right to revoke Your access to and use of the WebListers Site at any time, with or without cause.

Links and Posting to Third-Party Websites.

     The WebListers Site may contain links to websites operated by parties other than WebListers. Such links are provided for reference only. WebListers does not control such websites and is not responsible for their content. WebListers' inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. If You decide to access any of the third party sites linked to the WebListers Site, You do so entirely at Your own risk.

     At its discretion, WebListers may submit Members' advertisements and information to a third-party web site. WebListers does not guarantee the posting of this information on these sites.

General Disclaimer.

     You and Members acknowledge that scheduled maintenance and errors within third party systems may impact the availability and accuracy of Information provided by the WebListers Site. You and Members agree that WebListers shall not be responsible or liable for the availability or accuracy of Information provided by the WebListers Site. You and Members also agree that WebListers is not liable for services affected by third party websites, services, or resources and is under no obligation to provide proration of fees based on such maintenance, errors, or affected third party sites.

     Although WebListers has attempted to provide accurate information on the WebListers Site, WebListers assumes no responsibility for the accuracy of the information. All information provided on the WebListers Site is provided "as is" with all faults without warranty of any kind, either express or implied. WebListers hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title, and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.

Limitation on Liability.

     Neither WebListers, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the WebListers Site, or damages from the use of or reliance on the information present on the WebListers Site, even if WebListers has been advised of the possibility of such damages.

     Members warrant and agree that: (i) Member has a valid listing agreement with the owner of the property provided by WebListers generated advertisements; (ii) WebListers generated advertisements shall contain valid property address including street address, city and state; (iii) WebListers generated advertisements shall contain valid contact information of the listing agent, property manager, or landlord, including company name, address and phone number or email; (iv) Members either own or have acquired all necessary rights in the trademarks, logos, brand name, and other intellectual property works that appear in WebListers generated advertisements; (v) Members are and will remain duly licensed in good standing in the state in which its principal office is located; and (vi) Members agree to terminate the WebListers account should they cease to be licensed to conduct real estate brokerage activities and in good standing.

     Member agrees that all content posted to the WebListers Site is Member's sole responsibility. Member agrees that WebListers will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content Member posts to the WebListers Site ("Content"). You agree to evaluate and bear all risks associated with the posting or use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Some Content you post on the WebListers Site is not edited by WebListers or its clients and, as such, cannot be so attributed.

Modification of the WebListers Site.

     WebListers (and/or its suppliers) reserves the right in its sole discretion to improve, modify, or remove any information or content appearing on the WebListers Site. WebListers may discontinue or revise any or all aspects of the WebListers Site in its sole discretion and without prior notice. Without limiting the foregoing, WebListers reserves the right to change the terms, conditions, and notices under which this WebListers Site are offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon either: 1) Your using the WebListers Site, 2) initial registration for new Members, or 3) immediately after they are posted on the WebListers Site for existing Members. It is Your and Members responsibility to check terms and conditions of these Terms of Use at the time of each use.

Privacy.

     We view the protection of users' privacy as a very important principle and will only use Your information as described in the Privacy Policy located at http://www.weblisters.com/US/privacy-policy.cfm. We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent, and we use Your information only as described in the Privacy Policy. We store and process Your information on computers located in the United States that are protected by physical as well as technological security devices. If You object to Your information being transferred or used in this way, please do not use our services or register as a Member.

Release.

     Because WebListers provides advertising for a variety of WebListers Site users (who may or may not be registered Members), in the event that You have a dispute with one or more WebListers Site users, You release WebListers, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Services Not Provided.

     WebListers is not part of any real estate company and does not provide real estate services. Information provided by the WebListers Site is not intended to be and does not constitute real estate advice or services, the practice of law, tax advice or services, investment or financial advice or services, or accounting advice or services. Because the WebListers Site is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from Your real estate agent, insurance provider, legal counsel, accountant, financial advisor, or tax consultant qualified in the applicable subject matter and jurisdictions.

Indemnity.

     You and Members hereby agree to indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of Your or Member's use of the WebListers Site, breach of this Agreement, or violation of any law or the rights of a third party, or incurred by us as a result of default under this Agreement.

Default and Remedies.

     Without limiting any other provision in this Agreement, in the event Members default under this Agreement, including without limitation, by failing to pay us the specified monthly fees when due, we have the right to terminate the membership and Member's service.

Resolution of Disputes.

     If a dispute arises between You or Members and WebListers, our goal is to provide You or Members with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You, Members and WebListers agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as WebListers and You or Members otherwise agree in writing. Before resorting to these alternatives, we strongly encourage You and Members to first contact us directly to seek a resolution by contacting us at info@weblisters.com or call us at 800-784-2155. WebListers will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. You and Members agree that any Claim or dispute You or Members may have against WebListers must be resolved by a court located in San Diego, California, except as otherwise selected by WebListers as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Diego, California, for the purpose of litigating all such Claims or disputes.
     
  • Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief), WebListers may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event WebListers elects arbitration, WebListers shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
     
  • Improperly Filed Claims. All Claims You or Members bring against WebListers must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should You or Members file a Claim contrary to the Resolution of Disputes Section, WebListers may recover attorneys' fees and costs, provided that WebListers has notified You in writing of the improperly filed Claim, and You have failed to promptly withdraw the Claim.

Notices.

Except as explicitly stated otherwise, notices should be sent to:

WebListers, LLC
3245 University Ave, Suite 1625
San Diego, CA 92104

and notices to Members will be sent to the email address You provide to WebListers during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.

General.

     By using the WebListers Site and agreeing to the Terms of Use, You are also agreeing to abide by our Privacy Policy located at http://www.weblisters.com/US/privacy-policy.cfm, and all other agreements and policies posted on the WebListers Site. WebListers reserves the right to refuse service to anyone and to terminate a Membership at any time. In its sole discretion, WebListers may assign the Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. 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 the agreement shall continue in effect. WebListers may rely on Your electronic signature to create a binding valid agreement and/or Membership. From time to time WebListers may send facsimiles or emails regarding its products and services, or may call customers regarding WebListers' products and services, and You and Members hereby expressly consent to receiving such emails, facsimiles and telephone calls. See Privacy Policy for more information. The following Sections survive any termination of the Agreement: Release, Limitation on Liability, Indemnity, Resolution of Disputes, and Default and Remedies.