Terms and Conditions
ListingDoor, LLC and its subsidiaries and corporate affiliates (collectively, “ListingDoor”) operate a family of Web sites and associated Web pages. ListingDoor refers to this group of Web sites as the “ListingDoor Network.” Any person accessing or using the ListingDoor Network is referred to as “you”.
Acceptance of Terms
By accessing or using any part of the ListingDoor Network or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by ListingDoor from time-to-time without notice to you (the “Terms and Conditions”). These Terms and Conditions constitute a binding contract between ListingDoor and you. You are responsible for regularly reviewing the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time at: http://listingdoor.com/terms-conditions. If you do not wish to be bound by these Terms and Conditions, please do not access or use any part of the ListingDoor Network.
Additional terms and conditions may govern use of certain Web sites or Web pages within the ListingDoor Network. In the event that any provision, term or guideline contained on a particular Web site or Web page in the ListingDoor Network conflicts with the Terms and Conditions, the terms of such Web site or Web page shall control over the Terms and Conditions except with respect to the General Terms set forth below, which shall at all times control.
By using ListingDoor you acknowledge each of the following:
- ListingDoor is not acting, or offering to act, as your real estate broker, real estate agent, attorney, accountant, tax advisor, escrow agent, or fiduciary of any kind;
- Listing Door’s services are limited to providing you with various materials to enable you to determine the approximate fair market value of your property and to market your property yourself to potential buyers or tenants without assistance from a licensed real estate professional;
- ListingDoor does not represent, warrant, or guarantee that your use of Listing Door’s services will result in the eventual sale or lease of your property, or its sale or lease at any price or rental rate, or on any particular terms and conditions of sale or lease. Your use of Listing Door’s services is at your sole risk;
- ListingDoor will not buy or sell properties for you;
- ListingDoor will not list properties “For Sale or For Lease” for you. You may authorize ListingDoor to act on your behalf as owner of property to post and maintain “For Sale or For Lease” listing details on certain Non-MLS (Multiple Listing Services) listing sites;
- ListingDoor will not answer inquiries about your property from potential buyers or tenants, show your property to potential buyers or tenants, transmit to you offers to buy or lease your property, negotiate sales contracts or leases on your behalf, or render any other services to you related to the sale or lease of your property, including the closing of any sale or the recording of any transaction documents;
- ListingDoor strongly recommends that you consult a real estate attorney before you sign any agreement to sell or lease your property to determine the risks to you of any contingencies or other conditions that must be satisfied prior to the buyer’s obligation to consummate the sale and pay the sales proceeds to you;
- The sale of real estate can have significant tax implications for property sellers; therefore, ListingDoor also recommends that you consult an accountant or tax advisor before entering into any sales contract to determine the amount of any taxes you may owe on the proceeds of the sale.
Cancellations, Returns, and Refunds
- 100% money back guarantee covers the price of Subscriptions only. 100% money back guarantee does not cover any costs associated for brochures, sign, or frames that have been ordered and/or printed.
- You have THIRTY (30) Days from the date of the original purchase to return your Subscription to receive your refund.
- To request a refund contact ListingDoor Support at 866-981-5021 ext 2. Your refund will be promptly processed, and a check will be mailed or a credit will be applied to your credit card or original method of payment, within 2 business days.
General Use of the ListingDoor Network
Unless specified otherwise, ListingDoor offers you access to the ListingDoor Network solely for your personal and non-commercial uses. You agree to only access or use the ListingDoor Network only for legal purposes that are permitted by the Terms and Conditions. Among other things, you agree not to:
- except with the express written permission of ListingDoor, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the ListingDoor Network, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden, or impair the ListingDoor Network or interfere with any other party’s use and enjoyment of the ListingDoor Network;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by ListingDoor through the ListingDoor Network.
Except with the express written permission of ListingDoor, you agree that you will not access or attempt to access password protected, secure or non-public areas of the ListingDoor Network.
Except with the express written permission of ListingDoor, you agree that you will not create links from any Web site or Web page to any page within the ListingDoor Network; provided however upon prior written notice to ListingDoor at webmaster@ListingDoor.com, you may create a link directly to any of the ListingDoor Network home pages, including, but not limited to pages currently located at http://listingdoor.com, http://simpleandsold.com. The origin of any link to any ListingDoor Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the ListingDoor Network home page. By creating a link to the ListingDoor Network, you agree that (a) you will not employ any technology that results in the placement of content from the ListingDoor Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the ListingDoor Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the ListingDoor Network. ListingDoor reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that ListingDoor so requests.
You agree that ListingDoor may in its sole discretion and at any time terminate your access to and use of the ListingDoor Network, or any part thereof, with or without notice. You further agree that use of the ListingDoor Network and any of its Services shall be immediately terminated if you violate these Terms and Conditions. In addition, ListingDoor reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.
The Services provided through the ListingDoor Network may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by ListingDoor to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, ListingDoor does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release ListingDoor from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
You acknowledge that ListingDoor is not a real estate broker, mortgage broker or mortgage lender, and ListingDoor does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained in the ListingDoor Network
The ListingDoor Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the ListingDoor Network (collectively, “Content”) is owned by ListingDoor and/or third parties with all rights reserved unless otherwise noted. ListingDoor grants you a limited license to access and use the ListingDoor Network and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the ListingDoor Network provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the ListingDoor Network or Content, except with express written consent of ListingDoor. You understand that all third party Content posted on, transmitted through, or linked from the ListingDoor Network, is the sole responsibility of the third party originator of such Content. Content is provided through the ListingDoor Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall ListingDoor be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
You acknowledge that ListingDoor does not screen or approve third-party Content, and that ListingDoor shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or ListingDoor any Content that is available via the ListingDoor Network, for any reason.
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 the ListingDoor Network, 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 the ListingDoor Network. 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 ListingDoor as provided below.
You promise that you will not use the ListingDoor Network to:
- Transmit any Content not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to the ListingDoor Network, you grant, and you represent and warrant that you have the right to grant, to ListingDoor 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. Furthermore, by posting Content to any public area of the ListingDoor Network, you grant ListingDoor all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the ListingDoor Network by any party for any purpose.
This Terms and Conditions is governed by the laws of the State of Texas, USA without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Texas and/or Harris County, Texas in all disputes arising out of or relating to accessing or using of the ListingDoor Network. Access or use of the ListingDoor Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ListingDoor as a result of the Terms and Conditions or accessing or using the ListingDoor Network. ListingDoor’s performance under the Terms and Conditions is subject to existing laws and legal process, and nothing contained in the Terms and Conditions is in derogation of ListingDoor’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the ListingDoor Network or information provided to or gathered by ListingDoor with respect to such use.
Interpretation of the Terms and Conditions
If any part of the Terms and Conditions 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 and Conditions shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and ListingDoor), the Terms and Conditions constitutes the entire agreement between you and ListingDoor with respect to the ListingDoor Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ListingDoor with respect to the ListingDoor Network. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE LISTINGDOOR NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LISTINGDOOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE LISTINGDOOR NETWORK, SERVICES AND/OR CONTENT. LISTINGDOOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU AGREE TO INDEMNIFY AND HOLD LISTINGDOOR, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE LISTINGDOOR NETWORK AND/OR LISTINGDOOR AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS AND CONDITIONS.
Limitation of Liability
IN NO EVENT SHALL LISTINGDOOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LISTINGDOOR NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE LISTINGDOOR NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE LISTINGDOOR NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE LISTINGDOOR NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LISTINGDOOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE LISTINGDOOR NETWORK, AND ALL OTHER USE OF THE LISTINGDOOR NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LISTINGDOOR NETWORK, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LISTINGDOOR NETWORK.
All materials on the ListingDoor Network (as well as the organization and layout of the ListingDoor Network) are owned and trademarked or licensed by ListingDoor, its corporate affiliates or its third-party vendors. ListingDoor LLC 2014, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the ListingDoor Network is permitted without the written permission of ListingDoor. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to ListingDoor’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
Legal Department—ListingDoor, LLC
9055 Gaylord Dr, Suite 104
Houston, TX 77024
Last updated June, 2016