Terms of Service
Thank you for using ListQuicker.
Please read these Terms carefully. By using ListQuicker or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. ListQuicker (“ListQuicker,” “LS,” or the “Service”) is a real estate platform service offered through the URL listquicker.com (we’ll refer to it as the “Website”) that allows you to create, share, and manage real estate listings (or “Listing”). ListQuicker is owned and operated by Hip Web Design & Development, LLC d/b/a Hip Web Design, a Washington limited liability corporation (“ListQuicker,” “we,” or “us”). ListQuicker has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
These Terms of Service (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use ListQuicker, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.
Account
1. Eligibility
In order to use ListQuicker, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using ListQuicker, you represent and warrant that you meet all the requirements listed above, and that you won’t use ListQuicker in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) ListQuicker may refuse service, close accounts of any users, and change eligibility requirements at any time.
2. Term
The Term begins when you sign up for ListQuicker and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for ListQuicker on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or ListQuicker may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your listing data from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
4. Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of ListQuicker. We may change the Website, the Service, or any features of the Service at any time.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content associated with that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
Payment
7. Recurring Plans
Our charges for recurring plans are posted on our Website and may be changed from time to time. If any part of a payment cycle (monthly or yearly) is included in the Term, then payment is due for the full cycle. Payments are due for any cycle on the same or closest date to the day you made your first payment (the “Pay Date”).
8. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly or yearly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
9. Refunds
We’ll give you a refund for a prepaid month or year if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
10. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
3rd Party & Linked Services
11. General
The Service include links to third-party products, services and web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under ListQuicker’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Service are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. ListQuicker does not endorse, and takes no responsibility for such products, services, web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that ListQuicker may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of ListQuicker. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. ListQuicker is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Rights
12. Proprietary Rights Owned by Us
The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Service are protected by intellectual property and other laws and are the property of ListQuicker or ListQuicker’s third-party licensors. You will respect our proprietary rights in the Website and the software used to provide ListQuicker (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.
13. Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material used with your Listings. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.
14. Privacy Policy
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
15. Right to Review Listings
We may view, copy, and internally distribute content from your Listings and account to create algorithms and programs (“Tools”). We use these Tools to make our platform and algorithms smarter and create better experiences for our members.
Rules & Abuse
16. Prohibited Use
By using the Service, you agree not to:
- use information provided by ListQuicker through the Services in making any loan-related decisions;
- reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Service;
- remove or modify any copyright or other intellectual property notices that appear in the Services;
- use the Services for resale, service bureau, time-sharing or other similar purposes;
- use the Services in any way that is unlawful, or harms ListQuicker, its service providers, suppliers, or any other user;
- distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
- impersonate another person or misrepresent your affiliation with another person or entity;
- upload invalid data, viruses, worms, or other software agents to the Services;
- interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures ListQuicker may use to prevent or restrict access to the Services;
- conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
- use any of ListQuicker's trademarks as part of your screen name or email address on the Services; or
- attempt to, or permit or encourage any third party to, do any of the above.
17. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you think anyone has posted material that violates any copyrights, then please notify us.
18. Compliance with Laws
You represent and warrant that your use of ListQuicker will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
19. U.S. Export Controls
The software that supports the Services (the “Software”) is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.
Liability
20. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
21. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
22. Indemnity
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
23. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
24. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
25. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
26. Disclaimers
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
Fine Print
27. Notice to U.S. Government End Users
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Hip Web Design & Development, LLC, 315 Prospect St., #6128, Bellingham, WA 98227.
28. Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
29. Choice of Law
The State of Washington’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Washington, and each party will be subject to the jurisdiction of those courts.
30. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
31. Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
32. Severability
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
33. Interpretation
The headers and text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
34. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
35. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
36. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
37. Notification of Security Breach
In the event of a security breach that may affect you or anyone else using the Service, we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone assigned to your Listings, you’ll promptly do so.
38. Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Hip Web Design & Development, 315 Prospect St., #6128, Bellingham, WA 98227, or any addresses as we may later post on the Website.
39. Entire Agreement
These Terms, our Privacy Policy, and any additional terms you’ve agreed to by using ListQuicker's Design & Integration Services ("Additional Terms") make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.