Terms of Service, Conditions and Disclaimer
ListFlips Inc.
300 Delaware Ave Suite 210 Wilmington, DE 19801
Support@listflips.com
Effective Date: May 24, 2017
Before you agree to our Terms and Conditions you are given an opportunity to review the Term of Service and Disclaimer with an attorney of your choice and provision any statements that you are not clear about that have been written in this agreement.
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website and mobile apps www.ListFlips.com. By using our Website and mobile apps you agree to fully comply with and be bound by the following Agreement each time you use our Website and mobile apps. Please review the following terms carefully.
Definitions
The terms “us”, “we”, and “our” refer to ListFlips Inc.; and or Listflips.com, the owner of this Website and mobile apps. A “Visitor” is someone who merely browses our Website and mobile apps. A “Member” is someone who has registered with our Website and mobile apps to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our Website and mobile apps or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and ListFlips Inc.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE AND MOBILE APPS CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE AND MOBILE APPS IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and ListFlips Inc. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website and mobile apps, Services, and the subject matter contained herein. However, in order for you to use our Website and mobile apps and or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Privacy Policy
Our Privacy Policy is considered part of this Agreement and available on this website and mobile apps. You must review our Privacy Policy by clicking on this link. If you do not accept and agree to being bound by all of the terms of this Agreement, including the http://www.listflips.com/privacy-police.html Privacy Policy, do not use this Website and mobile apps or our Services.
Arbitration (This Arbitration Provision Is For U.S. Only)
Any legal controversy or claim arising from or relating to this Agreement and or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website and mobile apps operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Wilmington, Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Wilmington, Delaware necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.
Choice of Law and Jurisdiction (This Provision Is For U.S. Only)
This Agreement will be treated as if it were executed and performed in Wilmington, Delaware, and will be governed by and construed in accordance with the laws of the state of Delaware without regard to conflict of law’s provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website and mobile apps or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Arbitration (This Arbitration Provision for Foreign Countries)
Any legal controversy or claim arising from or relating to this Agreement and or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website and mobile apps operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and be conducted in the U.S.
Limited License
ListFlips Inc.; grants you a nonexclusive, nontransferable, revocable limited license to access and use our Website and mobile apps and Services strictly in accordance with this Agreement. Your use of our Website and mobile apps and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website and mobile apps or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website and mobile apps, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and ListFlips Inc.
Our Intellectual Property
Our Website and mobile apps may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website and mobile apps or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of ListFlips Inc..
Our Content, as found within our Website and mobile apps and Services, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and mobile apps and Services does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
Use our Services you must register with our Website and mobile apps to become a Member. Your Membership is not transferable or assignable without our prior written approval and is void where prohibited. Our Website and mobile apps and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website and mobile apps by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and mobile apps and or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. ListFlips Inc. has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use unauthorized of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website and mobile apps cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website and mobile apps will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website and mobile apps will be correct, accurate, timely, or otherwise reliable.
ListFlips Inc.; reserves the right, in our sole discretion, to change any content, software, and other items used or contained in our Website and mobile apps or Services at any time without notice.
Disclaimer
ListFlips Inc. Listflips.com does NOT sell, buy, or negotiate the purchase, sales, or exchange of any real estate property. Further, Listflips Inc. Listflips.com; does NOT lease or rent, offer to lease or rent, or negotiate the lease of real estate property or otherwise aid or assist in the lease of real estate property.
Our Website and mobile apps publishes content supplied by third parties, Users, Advertisers, Merchants and Sponsors. Accordingly, ListFlips Inc.; has no editorial control over such content. Any opinions, or other information or content expressed or made available by third parties, including information providers, Users or any other user of our Website and mobile apps, are those of the respective author(s) and not of ListFlips Inc.; and accordingly ListFlips Inc.; does not guarantee the accuracy, completeness, its merchantability or fitness for any particular purpose nor legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant website and mobile apps.
You hereby acknowledge that nothing contained in our Website and mobile apps will constitute financial, investment, legal, and/or other professional advice and that no professional or other relationship of any kind is created between you and ListFlips Inc. or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website and mobile apps or Services.
You agree that Listflips Inc.; may in its sole discretion and at any time terminate your access to and use of the website and mobile apps and services, or any part thereof, with or without notice. You further agree that use of the website and mobile apps and any of its services shall be immediately terminated if you violate these Terms of Use and Conditions. In addition, Listflips Inc.; 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.
Warranty Disclaimer
ListFlips Inc. is not responsible or liable in any manner for any Content posted on our Website and mobile apps or in connection with our Services, whether posted or caused by Members of our Website and mobile apps, or by ListFlips Inc. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website and mobile apps or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website and mobile apps or Services. ListFlips Inc. is not responsible for the online or offline conduct of any User of our Website and mobile apps or Services.
Our Website and mobile apps or Services may be temporarily unavailable from time to time for maintenance or other reasons. ListFlips Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Member communications.
ListFlips Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Website and mobile apps or Services, including without limitation any software provided through our Website and mobile apps or Services.
Under NO circumstances will ListFlips Inc.; be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of our Website and mobile apps or Services, or by written of any interactions between Users of our Website and mobile apps or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation to our Website and mobile apps, by third parties, or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE AND MOBILE APPS ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND MOBILE APPS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS OVER WHICH WE HAVE NO CONTROL.
ListFlips Inc., INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE AND MOBILE APPS OR SERVICES. ListFlips Inc. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE AND MOBILE APPS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. ListFlips Inc. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE AND MOBILE APPS OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AND ALL OF OUR AFFILIATES; ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BASIS OF LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ListFlips Inc.
OUR WEBSITE AND MOBILE APPS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE AND MOBILE APPS OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL ListFlips Inc.; OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE AND MOBILE APPS, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE AND MOBILE APPS OR SERVICES, EVEN IF
ListFlips Inc.; IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ListFlips Inc.; LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND MOBILE APPS AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Member Conduct
Members may post their content to our Website and mobile apps through our Services (Member Content). Members and Visitors understand that by using our Website and mobile apps or Service they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. ListFlips Inc. is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, ListFlips Inc. will submit all necessary information to relevant authorities.
If any Member Content is reported to ListFlips Inc.; as being offensive or inappropriate,
we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by ListFlips Inc. If the Member fails to meet such request,
ListFlips Inc.; has full authority to restrict the Member’s ability to post Member Content OR immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As an user of ListFlips Inc.; agreed: (a) you will not employ any technology that results in the placement of content from Listflips Inc.; in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the website and mobile apps from how it would appear if a user typed the URL in a typical browser line, (b) your advertising 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 Listflips Inc. Listflips Inc.; 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 without prior written approval that Listflips Inc.; so requests.
As a Member you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws;
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable;
Links directly or indirectly to any materials to which you do not have a right to link;
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
Contains 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 extract information from our Website and mobile apps or Services;
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
In the sole judgment of ListFlips Inc. is objectionable or restricts or inhibits any other person from using or enjoying our Website and mobile apps or Services, or which may expose ListFlips Inc., our affiliates, or our Users to any harm or liability of any type.
Use our Content to:
Develop a competing website and mobile apps;
Create compilations or derivative works as defined under United States copyright laws;
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism;
Decompile, disassemble, or reverse engineer our Website and mobile apps, Services, and any related software;
Use our Website and mobile apps or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
Use of Information
Listflips Inc. Listflips.com; is intended to provide Real Estate agents, brokers and other persons of interest a resource or services for listing, posting and advertising properties and other services related to home improvement on this website and mobile apps.
You grant ListFlips Inc.; a license to use the information and materials you post to our Website and mobile apps. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website and mobile apps, you are granting ListFlips Inc., its officers, directors, employees, agents, consultants, representatives and affiliates, a license to use the Member Content in connection with the operation of the business of ListFlips Inc., its directors, employees, officers, affiliates, representatives, consultants, and agents, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website and mobile apps or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website and mobile apps
You may provide links to our Website and mobile apps provided that (a) you do not remove or obscure any portion of our Website and mobile apps by framing or otherwise, (b) your website and mobile apps does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website and mobile apps immediately upon our request.
Links to Other Website and mobile apps
Our Website and mobile apps may from time to time contain links to third party website and mobile apps. Inclusion of links for any website and mobile apps on our Website and mobile apps does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party website and mobile apps.
ListFlips Inc.; has no control over the legal documents and privacy practices of third party website and mobile apps; you access any third party website and mobile apps at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.
Payments
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
To the extent that you purchase any goods directly from us we may refund your purchase price within thirty (30) days of you notifying us in writing of your desire of the refund together with a reason for the request subject to the return of the Product to us in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as found on our Website and mobile apps.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website and mobile apps. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website and mobile apps or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our website and mobile apps. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and mobile apps, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website and mobile apps, Services, and Products.
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