Terms of Service

By using or accessing ListingSpark.com (the “Site”), you acknowledge that you agree to and are subject to the following terms and conditions (the “Terms”) as well as our Privacy Policy. If you do not fully agree to these terms, you are not authorized to access or otherwise use the Site. You should read through all of the Terms carefully. The Terms constitute a legally binding agreement between you and ListingSpark.com ( “ListingSpark”, “we”, “us” or “our”). You are not authorized to use this Site unless you are able to enter into legally binding contracts.

1. Overview

Use of the Site is intended solely for individuals authorized to conduct the sale of the property listed. The services provided by the Site are intended to serve as a marketing tool for users, and ListingSpark does not guarantee the sale of any property. The Site does strive to maintain a high level of customer satisfaction in the products and services we provide.

We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing or purchasing a property.

We are not responsible for the condition of the properties listed on our Site or the compliance with laws, rules or regulations that may be applicable to any property in any jurisdiction.

Finally, while we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measure or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.

2. Limited License to Use the Site

Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all In accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.

3. Unauthorized Uses of the Site

The license to use the site granted to users in these terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing.

  • Any Commercial use (other than by members with a fully paid up subscription in good standing (a “valid subscription”) of the Site or any content on the Site;
  • Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
  • Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
  • Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;
  • Reverse engineer any part of the Site;
  • Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties:
  • Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
  • Use the Site other than to list for sale and/or research listed properties, to make a legitimate inquiries to our members or any other use expressly authorized on the Site;
  • Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
  • Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
  • Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.

If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to admin@listingspark.com.

4. Proprietary Rights and Downloading of Information from the Site

The Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content or the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.

5. Your E-mail Address and Our Privacy Policy; Data Transmittal

When you provide your email address to us in connection with any service or tool provided on the Site, you agree to allow the Site to add your email address to our database of users. You may receive one or more promotional e-mails from the site. You are welcome to opt not to receive such promotional e-mails from the Site at any time. Please review our Privacy Policy for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of and agreement with our Privacy Policy.

Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such users at locations both within and outside of the United States.

6. Identity Verification

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with members through the tools available on the Site.

You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to you online ID and password. However, if you do give someone your online ID and password or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.

Each user acknowledges and agrees that: (1) Neither LISTINGSPARK NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH LISTINGSPARK AND OTHER USERS OR PARTIES TO A REAL ESTATE TRANSACTION. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorized or fraudulent manner.

7. Limitations on Communications and Use of Other Users’ information; No Spam

You agree that, with respect to other users’ personal information that you obtain through the Site or through any Site-related communication or transaction, we have granted to you a license to use such information only for (a) Site-related communications that are not unsolicited commercial messages; (b) using services offered through the Site; (c) facilitating a financial transaction between you and the other user; and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user to your mailing list (email or physical mail) without the user’s express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.

8. Responsibility for User-Contributed Content; Translations

We have no duty to pre-screen content posted on the Site by members or other users, and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our Content Guidelinesor if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content. Finally, we reserve the right (but do not assume the obligation) to edit member’s content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.

All property listings on the Site are submitted by the member (who may be the owner or authorized agent of the owner) and are the sole responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings or any alleged breaches of contract on a member’s part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, and price. We do not represent or warrant that any of the copy, content, property location, pricing or availability information published on the Site is accurate or up-to-date. Members are solely responsible for ensuring the accuracy of any property descriptions, and prospective buyers and their agents are solely responsible for verifying the accuracy of such descriptions.

We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond such request.

9. Digital Millennium Copyright Act (“DMCA”)

ListingSpark respects the intellectual property rights of others. Per the DMCA, ListingSpark will respond expeditiously to claims of copyright infringement on the Site if submitted to ListingSpark’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, ListingSpark will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that your intellectual property rights have been violated by ListingSpark or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not ListingSpark, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
  6. Your electronic or physical signature.

ListingSpark may request additional information before removing any allegedly infringing material. In the event ListingSpark removes the allegedly infringing materials, ListingSpark will immediately notify the person responsible for posting such materials that ListingSpark removed or disabled access to the materials. ListingSpark may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c), the ListingSpark designated Copyright Agent is:

Software Development
ListingSpark
9050 N. Capital of Texas Highway
Building 3, Suite 250
Austin, TX 78759
512-827-2252
admin@listingspark.com

10. Unsolicited Ideas

From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, or marketing plans. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that (1) your submission and its contents will automatically become the property of ListingSpark, without any compensation to you; (2) ListingSpark may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for ListingSpark to review any submission; and (4) there is no obligation to keep any submission confidential.

11. Links to Third Party Sites

In some cases, the Site is providing its users with third party services. This Site may contain links and pointers to other Internet sites, resources, and affiliates of the Site, such as the Multiple Listing Service (“MLS”) and GE Supra iBox. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof.

We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms. For example, the GE Supra iBox provided by ListingSpark does not guarantee prevention of theft or unauthorized entry. Access to any lock box associated with a listing is not determined by the Site, and as such we are not responsible for the verification of use of the lockbox. Only licensed real estate professionals are supposed to have access to the GE Supra iBox, but ListingSpark does not warrant or guarantee the actions of other real estate professions with respect to the guidelines and laws associated with these products.

12. Limitation of Liability

IN NO EVENT WILL LISTINGSPARK, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOUR OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY AND/OR ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ADDITIONALLY, IN NO EVENT WILL LISTINGSPARK, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, THEFT, PROPERTY DAMAGE, OR BODILY HARM TO A HOMEOWNER OR VISITOR DURING A SHOWING OF ANY PROPERTY.

THESE LIMITATIONS ARE EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE LISTINGSPARK GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (b) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.

13. Disclaimers

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND IFNORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW , WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENCT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY USCH BREACHES, FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONS, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDNETIAL AND YOUR COMMUNCATIONS MAY BE READ OR INTERCEPTED BY OTHERS, YOU FURTHER ACKNOWLEDGE AND AGREE THA TBY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

14. Release; Indemnification

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTIONS OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE LISTINGSPARK GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE LISTINGSPARK GROUP (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOUR OR OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM, WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

15. Choice of Law and Forum; Time Limit

ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED PERFORMABLE AND/OR SOLD IN THE STATE OF TEXAS, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN TRAVIS COUNTY, TEXAS WHICH YOU ACKNOWLEDGE AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.

ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN TRAVIS COUNTY, TEXAS, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.

16. General

Notices: Except as explicitly stated otherwise, any notices to us shall be given by email to admin@listingspark.com or by postal mail to: ListingSpark, 13857 Highway 183, Suite 125, Austin, TX 78750.

When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and on day after mailing to an electronic address.

Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.

We reserve the right, in our sole discretion, to amend these terms, in whole or in part, at any time, with or without your consent and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these terms, then (i) your sole remedy as a user is to discontinue your use the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms.

Subscription rates are set at the time of a user or member’s subscription or renewal, as applicable. Such rates are subject to change without notice or approval. The rates in effect at the time of the member’s next subscription renewal, new listing or a member’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order.

The types of products and services (including the features, terms and operation thereof) offered at the time of a member’s subscription are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time. See also the section below relating to auto renewal of subscriptions.

Your record of These Terms: We do not separately file the terms entered in to by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of Terms on your personal computer.

Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.

Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these terms shall remain in full force and effect. Further, any provision of these terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these terms, which may be granted or withheld by us in our sole discretion.

ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO OUR MEMBERS

In addition to being bound by the terms set forth above , members who sign up for our services are also bound by the following terms.

17. Member Eligibility; Accuracy of Information; Representations

Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member also referred to as account holder represents and covenants that all information submitted to us and to the site during such member’s registration with the Site shall be true and correct. Each account holder further represents and covenants that (i) it owns and/or has all necessary right and authority to offer for sale and to sell the property listed by such member; (ii) the account holder is fully responsible for notifying all parties with an ownership interest in the listed property of all activity on the Site as well as contract negotiations, final agreed upon terms and the sale of the property. ListingSpark will not be held responsible for any information given to the account holder on this Site that was not given to other parties with an ownership interest. (iii) The account holder is solely responsible for making sure that all required parties sign every agreement, disclosure or contract associated with the sale of this property. ListingSpark cannot be held responsible for any issues that may arise from parties with an ownership interest not being notified of details pertaining to the listing and sale of any properties listed on our Site. (iv) Each member further represents and covenants that it will accurately describe the subject property and will not fail to disclose a material defect in, or material information about, the property. Such information includes, but is not limited to, accurate square footage, disclosure of any floodplain, permitting and zoning issues, undisclosed water damage, foundation issues, electrical or plumbing problems, or undisclosed liens or encumbrances to title.

Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and and/or proof of authority to list the property as we may request.

18. Photographs

ListingSpark makes all efforts to market each property in the highest possible light. As such, ListingSpark suggests that all listings make use of professional quality photography for marketing purposes. ListingSpark allows users to upload their own photographs at their discretion, however the user understands that uploading their own photography and submitting them to their area’s MLS results in the forfeiture of the professional photography session.

ListingSpark will provide all users who do not choose to upload their own photography with professional photography for the use in the marketing of their home. Each user will be entitled to one photography session to produce these photographs. The date and time of the session will be coordinated between the user and a ListingSpark approved photographer. Once a date and time is set for the session, the user may reschedule up to four hours prior to the session by contacting the photographer directly. Once a session has taken place, the user will be required to pay a secondary photography fee of $125 if an additional session is needed for any reason.

The number of photographs from the session that will be used in the marketing of the user’s property will be at the sole discretion of ListingSpark. ListingSpark will ensure that all photographs used for marketing purposes depict the property as the main subject of the photograph and will not include children or adults if ListingSpark does not have their legal consent or any other information that would violate privacy rights, intellectual property rights or any other rights of a third party. We reserve the right not to display or use any photographs that we determine, at our sole discretion do not meet these terms or are otherwise unacceptable to us.

All photography produced by ListingSpark is the sole property of ListingSpark and may not be used by the user or any other third party during or after the agreement between ListingSpark and the user without express written consent of ListingSpark.

19. Payment

Base Rate: Services rendered by ListingSpark are charged and accrued as follows: an upfront payment of $399 for a Spark Plan listing, or $999 for a Premium Listing to cover the cost of photographs and shipping, etc. and is not refundable. At close, the remainder of the balance of the selected plan is due and payable.

The subscription may be canceled by the customer at any time subject to the listing agreement.

Fines, Fees or Penalties: Any fines, fees or penalties levied to ListingSpark as a result of false, misleading or offensive information issued by the member shall be billed directly to the member. Any such fees will be billed to the member via an invoice and must be paid within seven (7) calendar days or the member may have their account placed on hold.

Payment Method: ListingSpark uses Stripe© for the initial payment typically through the Site. If the payment request for a listing fails, the Member shall have a seven (7) calendar day grace period to remit payment. If ListingSpark does not receive payment within seven (7) calendar days, the account will be placed on hold and the member will be denied access to the site and the property will be withdrawn from the MLS. In order to have the account reactivated, the member shall be responsible for paying the previous outstanding balance along with an additional one-time reactivation fee of fifteen dollars ($15).

Lockbox Fee: Members will be provided with an electronic Supra™ iBox for use during their listing. The lockbox is the responsibility of the member for the duration of their subscription. If the lockbox is damaged, stolen, misplaced or not returned in the same condition as issued, the member will be subject to a $150 “lockbox fee”. If a replacement lockbox is needed during the subscription due to issues other than normal wear and tear or dead battery, the member can order a replacement box subject to the $150 “lockbox fee”.

Lockboxes must be returned to ListingSpark within ten (10) business days of the home closing or the account being cancelled to ListingSpark 9050 N Capital of Texas Hwy Building 3, Ste 250 Austin, Texas 78759 or the member will be subject to the “lockbox fee”. If the lockbox is installed by a ListingSpark representative, ListingSpark will be responsible for the retrieval of the lock box and the member will not be subject to a “lockbox fee” for an unreturned lockbox.

Late Fees and Account Status: Any fees, fines or penalties previously mentioned, or otherwise, will be assessed to the member via an invoice. Any invoices that are left unpaid for more than ten (10) business days will result in the member account be placed on hold and their listing withdrawn from the MLS until the invoice is paid. Failure to pay invoices may result in ListingSpark taking reasonable measures to obtain compensation for unpaid invoices which could include the use of a third party collection agency.

Buyers agent commissions: ALL commissions are negotiable including buyer’s agent commissions. You are able to choose any amount as an offering of commission for an agent that brings a buyer OR you may elect to not pay a buyer’s agent commission and instead offer a credit of compensation to a buyer which could cover the cost of a buyer paying their own agent should they elect to use one.

Broker compensation: The sharing of compensation between brokers is not set by law nor fixed, controlled, recommended, or suggested by any national or state Association of REALTORS®, MLS, ListingSpark, or any listing service. Broker compensation is fully negotiable. Brokers independently determine their fees.

Intermediary Status: In some cases a ListingSpark may be working with a buyer who is interested in a ListingSpark listing. In this scenario the rules of intermediary status as defined by the Texas Real Estate Commission which outline the duties of the broker to the seller apply. Below are the rules outlining intermediary status:

An intermediary is defined under the Act as “a broker who is employed to negotiate a transaction between the parties...and for the purpose may be an agent to the parties to the transaction.” A real estate broker who acts as an intermediary between the parties:

  1. may not disclose to the buyer that the seller or landlord will accept a price less than the asking price unless otherwise instructed in a separate writing by the seller;
  2. may not disclose to the seller that the buyer or tenant will pay a price greater than the price submitted in a written offer to the seller unless otherwise instructed in a separate writing by the buyer;
  3. may not disclose any confidential information or any other information parties specifically instruct the real estate broker in writing not to disclose unless otherwise instructed in a separate writing by the prospective party or required to disclose such information by the ACT or a court order, or if the information materially relates to the condition of the property;
  4. shall treat all parties to the transaction honestly, TX. Occ. Code §1101.651; and
  5. must comply with the Act, TX. Occ. Code §1101.651.

The statute provides that a real estate broker may act as an intermediary between the parties if:

  1. the real estate broker obtains written consent from each party to the transaction for the real estate broker to act as an intermediary in the transaction, and
  2. written consent of the parties state the source of any expected compensation to the real estate broker.

20. Legal Requirements Applicable to the Purchase and Sale of Properties

You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to any property you list on this site. We assume no responsibility for your compliance.

21. Termination of Listings

Member’s Right to Terminate a Listing: You retain the unrestricted right to terminate your listing at any time. Upon termination of the listing you are still responsible for returning the lockbox and any signage within the allotted time in order to avoid any fees or penalties for the cancellation of your listing. You are responsible for any unpaid invoices at the time of your cancellation.

Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or in in material breach of these terms, we reserve the right to terminate such member’s listing(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing(s) that, in our sole discretion, warrants the immediate removal of such member’s listing(s) from the Site, then we may immediately terminate such member’s listing(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of the ListingSpark Group, we reserve the right to terminate such member’s listing(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us then we may terminate such member’s listing(s) immediately without notice to the member and without refund.

22. Listing Activation Requirements

In order for ListingSpark to “activate” your listing in the MLS and other third party marketing means, we require all of the following requirements are met. All listing agreements, addenda and other legal documents have been signed the by the seller(s) and returned to ListingSpark. Property information has been accurately entered into ListingSpark.com. A list price has been determined by the seller and input in to ListingSpark.com. Photography has been completed and processed. The sign and lockbox have been installed (unless the seller or neighborhood association does not allow the use of the lockbox and sign).

23. E-Signatures

ListingSpark utilizes e-signature technology for certain contracts, listing agreements and disclosures. E-signatures are legally binding and enforceable. If a user does not use e-signature they are solely responsible for ensuring that all documents are properly signed and returned to ListingSpark. ListingSpark is not responsible for any documents not signed correctly by a user. All e-signatures are facilitated by a third party company who utilize their own disclaimers/disclosures.