WebListers LLC
3245 University Ave, #1625
San Diego CA, 92104
TERMS AND CONDTIONS OF USE
The following terms and conditions of use are applicable to any and all users that utilize the programs features and services in any capacity. By using the WebListers program, you accept the program agreement and agree to comply with the Terms & Conditions of Use. ("Acceptance through use") and you certify that you have viewed, understand fully and completely accept the terms and conditions of use.
LICENSE TO USE THIS SITE
Upon acceptance of the agreement (through use) or by clicking "I Agree to the Contract Terms" upon sign up, WebListers, LLC hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. WebListers captures information you provide about yourself upon sign up, including your IP address. You acknowledge and agree that all content and services available on this site are property of WebListers, LLC and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by WebListers, LLC and licensors.
CONTENT
Each community will have access to the WebListers custom created template for the purpose of posting to a 3rd party posting site (typically an online classifieds site) for its intended purpose. Such use and access will be continuous on a 24 hour basis except for interruptions by reason of maintenance or downtime beyond WebListers ' reasonable control. Your AD typically contains data and/or links that redirect to your company website or company email. These links/data are available and if approved with your AD, will be displayed. There will be "co-branding" on the AD's created by WebListers. For example, your AD will show your company/corporate logos, colors, photos, community description, apartment and community amenities, etc, and our company name will be located somewhere on the AD as the AD's "creator". ("Powered by WebListers").
Each community will use the WebListers program, and its features only for its intended business use and will not permit the template or any part of the program be used by or for the benefit of anyone other than their specific community. The community nor its operating company, partners, or affiliates will have the right to sell rights to access and/or transfer or assign rights to access. The community may not modify, translate, reverse engineer, decompile or create derivative works based upon this program.
WebListers will provide space on its server for storage of data necessary for using the WebListers custom program. The community will not have direct access to this server and is not permitted to use this storage space other than to store custom branded AD templates. WebListers will have the right to delete and move stored information on server as needed which could result in deleting of old templates.
WebListers does not knowingly host any unlawful, harmful, threatening, abusive, illegal, copyright infringing, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, or be discriminatory in nature against any group of people/person(s) content and it is a violation of our Terms& Conditions to upload any of the above referenced material(s) to your account, ad's or in any email message that contains WebListers name or information contained within it.
When uploading photos to your account, you must select photos that belong to you or your company. You may not upload photos that have other company's logos or websites embedded on them. The photos must be 100% clear of any logos, emblems, website address's or names of photographers or their companies. Should WebListers become aware in any way of photos that are uploaded within your account, you will be notified and asked to remove them, however, it is your sole responsibility to monitor the photos being uploaded to your account by individuals that have access.
WebListers reserves the right at any time to delete photos that violate our terms and conditions at any time, with or without notification. Reoccurrence of this type of violation, may result is suspension of your account pending further review.
SPANISH ADS
WebListers provides an optional Spanish feature that you may activate at anytime. By using this feature, your current ad will require translation. WebListers can have your ad translated for you (for a fee), or you may have your ad translated in house (an employee within your company or a translation service of your choice). If you choose to have your ad translated by WebListers, a one time fee of $30.00 for full translation will apply. If you need to make updates or changes to a Spanish AD, a fee of $15.00 will apply. The fee's are mandatory and cannot be waived since WebListers uses a professional translation service that charges us.
If you choose to have someone in house (an employee within your company or a translation service of your choice) no charges will apply.
To begin the process, simply contact your initial sales representative, or email info@WebListers.com.
STATISTICS
WebListers generates statistics based on actual real data and from internal program usage. For example, when a user logs in to the program and begins the process of posting the ad and clicks through to a posting site, a post count is generated, whether or not the user successfully posts to the 3rd party site.
Ad views are generated once an individual comes across the ad and clicks to view it. We track the ad views on as many sites and through as many channels as possible, but cannot guarantee all the views are accounted for due to server compatibility with the 3rd party sites. Generally, all views are accounted for and this issue is minimal at best.
The email clicks and website leads are generated once an individual comes across the ad and clicks either the "email us" link on the ad, or clicks your website address on the ad. We track the ad views on as many sites and through as many channels as possible but cannot guarantee all the views are accounted for due to server compatibility with 3rd party sites. Generally, all views are accounted for and this issue is minimal at best.
From time to time, errors may occur within the system, servers and 3rd party sites and we cannot guarantee 100% accuracy due to these typical technical issues. Servers, programming, and system maintenance all require down time, both intentional and non intentional and during these times, the statistics will not reflect data and the data cannot be replaced. WebListers will not be liable for how the statistics are affected and is under no obligation to provide separate or additional reports during the affected times or proration of fees.
FACEBOOK
WebListers provides a Facebook Connect tool which allows users to connect to their Facebook account/fan page to post a quick wall feed or status update from within the WebListers program. The Facebook connect tool was created by Facebook, Inc and is an open, shared code available for anyone to use. Should Facebook restrict this code, or remove/deny access, be unavailable or offline for maintenance, WebListers will not be held responsible or liable for any damages or disputes that arise. By using the Facebook connect tool, you accept Facebook, Inc., terms and conditions and allow your user ID and password to access Facebook, Inc. WebListers allows for Facebook integration at the request of our users, and it can be removed from your program at anytime. Monitoring the content of the Facebook account or page is the sole responsibility of the community or managing company. We are not affiliated with, nor partners of, Facebook, Inc., but we are proud to offer the connection to you.
SYNDICATED SITES
WebListers submits your AD to multiple 3rd party, online classified sites. The list of sites may change at any time. We cannot guarantee the posting of the ad on these sites. There are many variables that affect how/why your ad may be rejected. Many of these sites go up and down quickly, merge, sell or become unavailable. WebListers is not responsible for the accuracy rate of posts on these sites. Tracking these sites in your statistics reporting is only accurate based on compatibility with the 3rd party sites and can fluctuate at anytime. WebListers is not responsible for the accuracy in general or placement of your ads on these sites. Certain sites have a long standing history of being well hosted and available and a list of those sites is available from our tech support team. You may choose to opt out of this feature at anytime. To opt out, simply email info@WebListers.com or call 800-784-2155.
Technical issues or problems with the program shall be directed by email to: info@WebListers .com. Email for help should include a full description of the issue. You may also use the "contact us" link from within the WebListers program, or call us at 800-784-2155.
Each community acknowledges that the WebListers program and other data on WebListers' websites embodies logic, design and coding methodology that constitute valuable confidential information that is proprietary to WebListers. Each community will safeguard the right to access this site and other programs on WebListers' site and server using the same standard of care that community uses for its own confidential materials.
Falsifying information and/or unauthorized signing up of a community will result in criminal prosecution as well as costs of damages and penalties under the law.
We reserve the right to delete inappropriate ads (illegal content, fraud attempts, spam, misrepresentation, (et cetera) without prior notice. In the event that we remove or delete ad's, the community manager will be notified. If the issue(s) remain uncorrected, a member of senior management, such as a regional manager, area Vice President or Marketing manager/director may be notified.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site's sole judgment, does not comply with the Terms and Conditions or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited unless otherwise released by WebListers LLC, in which a new and separate agreement would be negotiated.
We do not allow spam.
EACH USER AGREES:
- they have a valid listing agreement with the owner of the advertised property for each listing included in the ad;
- rental ads will have a valid property address including street address, city and state;
- all ads will include valid contact information of the listing agent, property manager, or landlord, including company name, address and phone number or email;
- they own or have acquired all necessary rights in the trademarks, logos, brand name, and other intellectual property works that appear on users web page to which viewers of the ad's are linked;
- and they are, and will remain through the term of this Agreement, duly licensed in good standing in the state in which its principal office is located.
TERMINATION/CANCELLATION OF SERVICE
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of the Terms & Conditions and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors, vendors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the site, it's owners, officers, employees, contractors or vendors, in the event that such disclosure is made in compliance with the law.
If your community wishes to cancel their service, then the community agrees to give a 30 day notice in writing by using one of the three (3) communication methods below:
By email: cancel@WebListers.com (include community and person requesting cancellation)
By fax: 760-859-3002
By mail: 3245 University Ave, #1625, San Diego, CA 92104
Upon receipt of your cancellation notice, we will contact you to confirm your cancellation. If you do not receive a notice that we have received your cancellation request, it is your responsibility to contact us. Billing will continue until we have received your cancellation notice and confirmed your request with you. Any and all outstanding balances will be due in full upon cancellation.
LEGAL LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WEBLISTERS LLC, AND/OR ITS LICENSORS, AGENTS, VENDORS, EMPLOYEES OR SERVICORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE THIS SITE FOR ANY REASON, INCLUDING NON-COMPLIANCE WITH THE SITES TERMS AND CONDITIONS.
WEBLISTERS LLC IS NOT RESPONSIBLE FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (RATHER OR NOT WEBLISTERS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY. IN NO EVENT WILL WEBLISTERS LLC' MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU FOR USE OF THE SERVICE.
THIS APPLIES TO THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WebListers LLC, AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NO WARRANTIES
WebListers DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEB SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITE, OR ANY SITES LISTED THEREIN, AND THE WEB SITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEB SITE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This site is controlled by WebListers LLC from its offices located within the state of California, United States of America. It can be access from all 50 states as well as from other territories or countries around the world to the extent permitted by site. As each of these places has laws that may differ from the state of California, by accessing this site, both you and WebListers LLC agree that the statues and laws of the state of California shall apply to any actions or claims arising out of or in relation to the terms and conditions, any and all disputes, including tort, negligence, strict liability or your use of this site or any features and benefits it provides, without regard to conflicts of laws principles thereof. You and WebListers LLC also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English. WebListers LLC makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories or countries where their contents are illegal is prohibited.
FEDERAL FAIR HOUSING ACT
It is the responsibility of the member and/or Real Estate Agent that creates property ads through our site to abide by the Fair Housing Act. The federal Fair Housing Act states 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". If we discover changes were made and the AD breaks the Fair Housing Act, we will delete the ad and contact a regional manager or owner/operator in order to ensure you are compliant and made aware of such postings being created by your communities. We do not, however, check all ads and it is not our responsibility but instead the members responsibility to abide by the Fair Housing Acts and you release WebListers , LLC of any and all liability related to issue(s) related to the Federal Fair Housing Act should they arise.
The Federal Fair Housing Act requires that a community using Spanish AD's maintain a supply of all required disclosure(s) and documents in Spanish.
WebListers, LLC reserves the right to change its terms and conditions at its discretion. It is your responsibility to check back to view changes or additions to ensure compliance.
Rev 10/20/2010
