1. General
Listingbook.com is an online multiple listing service application, owned by Listingbook, LLC (“Listingbook” or “we”). The services offered by Listingbook include the Listingbook.com website, the Listingbook Preferred Service Provider service, and any other features, services, content, or applications offered from time to time by Listingbook in connection with the Listingbook Website (collectively, the “Listingbook Website”). Each product or service within the Listingbook Website may have other posted guidelines or rules (the “Additional Terms”). All such Additional Terms are incorporated by reference into this Terms of Use Agreement.

BY ACCESSING OR USING THE LISTINGBOOK WEBSITE, YOU, THE USER OF THE LISTINGBOOK WEBSITE (“YOU,” “YOUR,” OR “USER”), ARE SUBJECT TO AND AGREE TO BE BOUND BY THIS TERMS OF USE AGREEMENT (“AGREEMENT”) AND ANY OTHER ADDITIONAL TERMS INCORPORATED BY REFERENCE HEREIN, WHETHER YOU ARE A “VISITOR” (WHICH MEANS THAT YOU SIMPLY BROWSE THE LISTINGBOOK WEBSITE WITH LIMITED VIEWING AND ACCESS TO INFORMATION) OR YOU ARE AN “ACCOUNT HOLDER” (WHICH MEANS THAT YOU HAVE REGISTERED FOR A LISTINGBOOK WEBSITE ACCOUNT) (“VISITORS” AND “ACCOUNT HOLDERS” COLLECTIVELY REFERRED TO HEREIN AS “USERS”). YOU ARE ONLY AUTHORIZED TO USE THE LISTINGBOOK WEBSITE (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED) IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND TO THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE LISTINGBOOK WEBSITE AND DISCONTINUE USE OF THE LISTINGBOOK WEBSITE IMMEDIATELY.

2. Modifications to this Agreement.
Listingbook may modify this Agreement from time to time, and any such modifications shall be effective upon posting by Listingbook on the Listingbook Website. You agree to be bound to any changes to this Agreement when you use the Listingbook Website after any such modification is posted. It is therefore important that you review this Agreement each time before accessing the Listingbook Website to ensure that you are updated as to any changes.

3. Modifications to the Listingbook Site.
You understand and agree that Listingbook may discontinue or change the Listingbook Website at any time, without notice to you. Listingbook makes no commitment to update the information and content on the Listingbook Website

4. Account Registration.
In order to become an Account Holder with the Listingbook Website, you must register as a Consumer User, Agent User, or Preferred Service Provider User. You agree to provide true, accurate, and complete information about yourself as prompted by any account or subscription registration processes, including, without limitation, your name and a valid email address. In addition, you agree to update that information in order to maintain its truth, accuracy, and completeness. You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity and authority to be bound by this Agreement. Your registration information and other information about you is subject to our Privacy Policy http://www.listingbook.com/page/privacy_policy.

     A. Consumer User. You acknowledge i) all data obtained for Listingbook is intended only for your personal, non-commercial use; ii) you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered on the Listingbook website; iii) you will not copy, redistribute, or retransmit any of the data or information provided; iv) acknowledge the MLS's ownership of, and the validity of the MLS's copyright in, the MLS database; and v) that you will indemnify and hold harmless Listingbook, and its subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims and expenses, including attorneys fees, arising from your breach of this warranty. These Terms of Use do NOT impose a financial obligation on you or create any representation agreement between you or the broker or Agent through whom you are receiving this account.

     B. Agent User. If you register as an Agent User, you represent and warrant that: (1) you are a licensed real estate brokerage service provider, or licensed real estate agent therefore and if so, have the permission of your real estate brokerage to register; (2) you are a member in good standing of the Multiple Listing Service from which the data and images used in the Listingbook Website; (3) you will terminate your account status if, at any time, you are no longer a licensed real estate brokerage service provider, or licensed real estate agent therefor, or no longer a member in good standing of the Multiple Listing Service, from which the data and images used in the Listingbook Website are obtained; and (4) you will indemnify and hold harmless Listingbook, and its subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims and expenses, including attorneys fees, arising from your breach of this warranty.

     C. Preferred Service Provider User (“PSP User”). See Section 7 of this Agreement below.

5. Obligation for Using Your Password.
ALL INFORMATION TRANSMITTED BY, SUBMITTED BY, OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE LISTINGBOOK WEBSITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Listingbook Website for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Listingbook immediately to authorize Listingbook to deny access to the Listingbook Website to anyone else presenting your password.

6. Use of the Listingbook Website.
     A. Lawful Purposes. You represent and warrant that you will not use the Listingbook Website for any purpose that is unlawful, or prohibited by these terms, conditions, and notices.

     B. Limited License. Listingbook hereby grants you the limited right to access and use the Listingbook Website only for the purposes of accessing, viewing, downloading, posting, and printing information from and to the Listingbook Website for your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any information, software, products or services obtained from the Listingbook Website, including, without limitation, any Multiple Listing Service data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations (collectively, “Content”). Listingbook reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Listingbook Website as described in Section 15 below. Any rights not expressly granted to you herein are reserved to Listingbook.

     C. Use of Information. The Listingbook Website may include information, tips, facts, views, and opinions that Listingbook deems worthy of publication. ALL SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS PROFESSIONAL ADVICE. SUCH INFORMATION SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, BUSINESS, FINANCIAL, OR OTHER DECISIONS.

     D. Agent Users. If you are an Agent User, you acknowledge and agree that you are solely responsible for use of the Listingbook Website and compliance with any laws and regulations relating to provision of real estate brokerage and agent services, including, without limitation, satisfying all applicable agency, non-agency, and other disclosure obligations, execution of any required agreements, and compliance with the Virtual Office Website Policy of your MLS.

     E. Consumer Users. If you are a Consumer User, you acknowledge and agree that: (1) all of your activity on the Listingbook Website may be viewed, accessed, and tracked by your Agent User, including, without limitation, when you access the Listingbook Website, what you view while using the Listingbook Website, and any information that you submit, transmit, or post using the Listingbook Website (collectively, “Website Activity”); provided, however, that any “Private Notes” created by you in the Listingbook Website shall not be accessible by your Agent User; (2) your Agent User may transmit to and share your Website Activity with its affiliated licensed real estate agents without your notice or permission, except for your Private Notes; and (3) subject to Listingbook.s Privacy Policy http://www.listingbook.com/page/privacy_policy, Listingbook shall have the right to send you electronic correspondence, including without limitation, marketing information and information relating to your account.

7. Preferred Service Provider Service (the “PSP Service”).
     A. PSP Users. If you are a PSP User, you acknowledge and agree that: (1) you shall be bound to any Additional Terms associated with such status, all of which are incorporated herein by reference; (2) you shall not use any name in connection with your PSP account that is confusing or misleading, or otherwise impersonate or deceive other Users with respect to your identity; (3) you shall not create a promotion in the Listingbook Website that is confusing, deceptive, or misleading to other Users; (4) Listingbook is not responsible for your interactions with any other Users, or use of their information, or for any other actions arising out of your use of your PSP account; (5) Listingbook is not responsible for any transactions you may enter into with any other Users; (6) Listingbook is not responsible for screening, censoring, or otherwise controlling your PSP account; and (7) Listingbook is not acting as your or any third party.s agent in connection with the operation of the Listingbook Website and PSP Service. You also represent and warrant that: (8) any products and services advertised, sold or otherwise distributed by you are legal; (9) you have all licenses necessary to sell, advertise, and distribute such products and services; (10) such sale, advertisement, and distribution will be in accordance with applicable laws and regulations; and (11) you own or have a right to use all intellectual property, proprietary, and similar rights in all materials and information submitted by you for use on the Listingbook Website.

FURTHER TO THE OTHER PROVISIONS OF THIS AGREEMENT, LISTINGBOOK MAKES NO GUARANTEES OR REPRESENTATIONS REGARDING THE SKILLS OR THE QUALITY OF THE SERVICES THAT YOU MAY PROVIDE IF A USER ELECTS TO RETAIN YOUR SERVICES. IT IS ENTIRELY IN YOUR SOLE DISCRETION AND AT YOUR SOLE RISK TO ENTER INTO A DIRECT CONTRACT OR OTHERWISE REACH AGREEMENT WITH A USER, AND LISTINGBOOK DOES NOT GUARANTEE OR WARRANT A USER.S PERFORMANCE. SHOULD YOU HAVE A DISPUTE WITH A USER, YOU MUST ADDRESS THE DISPUTE WITH THAT USER DIRECTLY, AND YOU HEREBY AGREE TO RELEASE LISTINGBOOK, ITS EMPLOYEES AND AGENTS, AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH USERS.

     B. Consumer Users and Agent Users. If you are a Consumer User or Agent User, you acknowledge and agree that if you subscribe to the Preferred Service Provider Service, you agree to be bound by any Additional Terms associated with such subscription, all of which are incorporated herein by reference. Although third party service providers are advertised and listed in the PSP Service (“PSPs”), such PSPs are not endorsed, recommended, or otherwise affiliated with Listingbook or its employees and agents. You may contact any of the PSPs directly, and you may request through the Listingbook Website that the PSPs contact you directly.

FURTHER TO THE OTHER PROVISIONS OF THIS AGREEMENT, LISTINGBOOK MAKES NO GUARANTEES OR REPRESENTATIONS REGARDING THE SKILLS OF PSPs OR THE QUALITY OF THE SERVICES THAT PSPs MAY PROVIDE IF YOU ELECT TO RETAIN THEIR SERVICES. IT IS ENTIRELY IN YOUR SOLE DISCRETION AND AT YOUR SOLE RISK TO ENTER INTO A DIRECT CONTRACT OR OTHERWISE REACH AGREEMENT WITH A PSP, AND LISTINGBOOK DOES NOT GUARANTEE OR WARRANT A PSP.S PERFORMANCE OR THE OUTCOME OR QUALITY OF THE SERVICES PROVIDED. SHOULD YOU HAVE A DISPUTE WITH A PSP, YOU MUST ADDRESS THE DISPUTE WITH THAT PSP DIRECTLY, AND YOU HEREBY AGREE TO RELEASE LISTINGBOOK, ITS EMPLOYEES AND AGENTS, AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH PSPs.

8. Intellectual Property Protection.
The information displayed on the Listingbook Website, including, without limitation, Multiple Listing Service data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, prices, product and service descriptions, and data compilations (collectively, “Content”), is the property of Listingbook or its licensors, and is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such Content. Systematic retrieval of data or other Content from the Listingbook Website to prepare any collection, compilation, database, or directory is strictly prohibited.

LISTINGBOOK and LISTINGBOOK.COM and other Listingbook graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Listingbook. Listingbook.s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Listingbook.

You acknowledge and agree that the Multiple Listing Service, which supplies the data and images used in the Listingbook Website, owns all copyrights in and to such data and images and in the Multiple Listing Service database, and that all such copyrights are valid. You expressly authorize the Multiple Listing Service which supplies the data and images used in the Listingbook Website, and its authorized agents and representatives, to access the Listingbook Website for the purpose of verifying Agent Users compliance with the Multiple Listing Service rules and monitoring Agent Users listings.

EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER LISTINGBOOK NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE LISTINGBOOK WEBSITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.

9. Links to Other Sites.
The Listingbook Website may contain hyperlinks to third party websites that are not under the control of Listingbook, including, without limitation, hyperlinks to the websites of PSPs. Listingbook is not responsible for any content in any advertisement or hyperlink on the Listingbook Website or for any content in any hyperlinked website. If you access a third party website from the Listingbook Website, then you do so at your own risk. A hyperlink to a third party website does not imply that Listingbook endorses the content on or the business of the hyperlinked website. You are solely responsible for determining the integrity and reliability of the information in the advertisement or hyperlink on the Listingbook Website as well as the information on the hyperlinked website. Listingbook provides hyperlinks only as a convenience. Further, because our Privacy Policy http://www.listingbook.com/page/privacy_policy is applicable only when you are using the Listingbook Website, once linked to another site, you should read that site.s privacy policy before disclosing any personal information. Additionally, your dealings with or participation in promotions of advertisers found on the Listingbook Website, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Listingbook shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

10. User Submissions.
Listingbook does not claim ownership of any materials you may provide to Listingbook (including feedback and suggestions) or that you post, upload, input or submit in connection with your use of the Listingbook Website (your “Submissions”). However, subject to Listingbook. Privacy Policy, you hereby grant Listingbook a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submissions, and to publish your name in connection with your Submissions) your Submissions only in connection with the operation and promotion of the Listingbook Website. No compensation shall be paid or owed to you with respect to Listingbook.s or its sublicensee.s use of your Submissions as licensed above. Listingbook is under no obligation to post or use your Submissions, and may remove your Submissions at any time in Listingbook.s sole discretion.

By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through Listingbook, you represent and warrant that you own or otherwise control the rights necessary to do so and to grant Listingbook the license set forth above, and you will defend and indemnify Listingbook and its partners from any third party claim related to a breach of any of the foregoing representations or warranties.

The following is a partial list of the kind of Submissions that are illegal or prohibited to post on or through the Listingbook Website. Listingbook reserves the right to investigate and take appropriate legal action against anyone who, in Listingbook.s sole discretion, violates this provision, including without limitation, removing the offending communication from the Listingbook Website and terminating the accounts of such violators. “Prohibited Submissions” include, but are not limited to Submission that, in the sole discretion of Listingbook: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains violence or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person.s copyrighted work; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, violating someone.s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or includes a photograph of another person that you have posted without that person.s consent.

LISTINGBOOK ASSUMES NOR RESPONSIBILITY FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY USER SUBMISSIONS.

LISTINGBOOK ASSUMES NO RESPONSIBILITY FOR MONITORING USER SUBMISSIONS AND, IF AT ANY TIME LISTINGBOOK CHOOSES, IN ITS SOLE DISCRETION, TO MONITOR USER SUBMISSIONS, LISTINGBOOK NONETHELESS ASSUMES NO RESPONSIBILITY FOR THE SUBMISSIONS, NO OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE OR INACCURATE SUBMISSION, AND NO RESPONSIBILITY FOR ANY USER CONDUCT IN SUBMITTING ANY SUBMISSION.

FURTHERMORE, LISTINGBOOK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO YOUR RELIANCE UPON ANY SUBMISSIONS SUBMITTED BY OTHER USERS OR ANY SUBMISSIONS THAT YOU TRANSMIT TO OTHER USERS.

11. Disclaimer of Warranties.
Listingbook uses reasonable efforts to provide accurate, complete, and current information on the Listingbook Website. However, Listingbook does not guarantee or warrant that the Content herein is accurate, complete, timely, or free of technical or typographical errors. It is your responsibility to verify any information provided. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THE LISTINGBOOK WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LISTINGBOOK 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. LISTINGBOOK MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE LISTINGBOOK WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE; NOR DOES LISTINGBOOK MAKE ANY WARRANTY AS TO THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. LISTINGBOOK MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE, INCLUDING ANY PSP SITE. LISTINGBOOK MAKES NO WARRANTY REGARDING THE RELATIONSHIPS BETWEEN PSPs AND OTHER USERS, THE RELATIONSHIPS BETWEEN CONSUMER USERS AND RESPECTIVE AGENT USERS, THE FIDUCIARY RESPONSIBILITIES OF AGENT USERS, THE VALIDITY OF ANY AGENT USER.S LICENSE TO PROVIDE REAL ESTATE BROKERAGE AND/OR AGENT SERVICES. NO INFORMATION OBTAINED BY YOU FROM THE LISTINGBOOK WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability.
YOU AGREE THAT NEITHER LISTINGBOOK NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LISTINGBOOK WEBSITE SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE LISTINGBOOK WEBSITE, ANY PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON THE SITE, ANY OTHER HYPERLINKED WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, ANY PERSON.S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED IN THE LISTINGBOOK WEBSITE, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF THE LISTINGBOOK WEBSITE.

YOU SPECIFICALLY AGREE THAT LISTINGBOOK IS NOT LIABLE FOR ANY CONDUCT BY YOU ASSOCIATED WITH THE LISTINGBOOK WEBSITE, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO ACCOUNT HOLDER PROFILES, THE PREFERRED SERVICE PROVIDER SERVICE OR OTHER SERVICES CURRENTLY OFFERED OR THOSE SERVICES THAT WILL BE OFFERED IN THE FUTURE. LISTINGBOOK IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE LISTINGBOOK WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY YOU, OR ANY OTHER PERSON.S COMPUTER RELATED TO OR RESULTING FROM USE OF THE LISTINGBOOK WEBSITE.

IN NO EVENT SHALL LISTINGBOOK, ITS AGENTS, AND PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE LISTINGBOOK WEBSITE, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PURCHASED, OBTAINED, OR ACCESSED, OR FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE LISTINGBOOK WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LISTINGBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LISTINGBOOK.S 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 LISTINGBOOK FOR THE ACCESS TO AND USE OF THE LISTINGBOOK WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree that regardless of any statute or law to the contrary, you will file any claim or cause of action arising out of or related to your use of the Listingbook Website or this Agreement within one (1) year after such claim or cause of action arose or be forever barred.

13. Indemnity.
You agree to indemnify and hold harmless Listingbook, and its subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims and expenses, including attorneys fees, arising from your use of the Listingbook Website, breach of this Agreement, or breach of any third party.s rights. This indemnification shall survive any termination of your account or use of the Listingbook Website.

14. Privacy Policy.
Listingbook respects your right to privacy and understands that visitors to and account holders with the Listingbook Website need to be in control of their personal information. To that end, Listingbook has developed a Privacy Policy http://www.listingbook.com/page/privacy_policy, and you should review it carefully. Your use of the Listingbook Website is your consent to the Privacy Policy.

15. Termination of Listingbook Website Access and Account.
You understand and agree that Listingbook and/or Your Agent User, in their sole discretion, may terminate your account and any corresponding subscriptions, delete any content stored in your account, direct you to cease using the Listingbook Website, and discontinue or restrict your access to the Listingbook Website, all without notice to you and for any reason. You agree that Listingbook and/or Your Agent User shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Listingbook Website, your account, or any parts thereof.

16. Miscellaneous.
     A. Assignment. This Agreement shall bind and inure to the benefit of Listingbook.s successors, assigns and licensees. Listingbook shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract or operation of law without your consent. You shall not have the right to assign, by contract, operation of law or otherwise, this Agreement or any of the rights, interests, or obligations hereunder.

     B. Severability. In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision.

     C. Waiver. The failure of Listingbook at any time or times to require performance of any provision hereof shall in no manner affect the right of Listingbook at a later time to enforce the same.

     D. Applicable Law. You acknowledge that the Content contained in this Listingbook Website is controlled in and originates from the United States. Listingbook makes no representation that any of the Content is appropriate or available for use in other locations. Listingbook has no responsibility for any access to this Listingbook Website from territories where the Content may be illegal or otherwise prohibited. If you choose to access this Listingbook Website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws. Any claim relating to the use of the Listingbook Website and any Content shall be governed by the internal substantive laws of the State of North Carolina, without regard to its conflicts of laws rules. You expressly consent to the jurisdiction of the state and federal courts of North Carolina for any such claim.

     E. Entire Agreement. These Terms of Use, as amended, and the consents provided by you, constitute the entire agreement between you and Listingbook.

     F. Amendments. Further to Section 2 of this Agreement, you agree that Listingbook may amend or modify these Terms of Use or impose new conditions at any time by updating these Terms of Use on the Listingbook Website or upon notice from Listingbook to you as published through the Listingbook Website or by e-mail. Any use of the Listingbook Website or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Listingbook Website or ordering any products or services after that date. No other amendments will be valid unless they are in a paper writing signed by Listingbook and by you.

     G. Notices. Except as expressly stated otherwise, any notices required or allowed under these Terms of Use shall be given to Listingbook by postal mail to: Listingbook, LLC, 7029 Albert Pick Road, Suite 200, PO Box 18247, Greensboro, North Carolina 27419, or as to a successor address that Listingbook makes available on the Listingbook Website or through any other reasonable manner. If applicable law requires Listingbook to accept e-mail notices (but not otherwise), then you may send Listingbook e-mail notice to help@listingbook.com. With respect to Listingbook notices to you, Listingbook may provide notice of amendments by posting them in the Listingbook Website and you agree to check for changes. Instead or in addition, Listingbook may give notice by sending e-mail to the e-mail address that you provide during registration. Notice shall be deemed given 24 hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.

     H. Descriptive Headings. The headings of the several sections of this Agreement are intended for convenience of reference only and are not intended to be a part of or affect the meaning or interpretation of this Agreement.