Please read these terms carefully before using ListingHoot
By accessing or using the ListingHoot service, website, or any applications made available by ListingHoot (collectively, the "Service"), you agree to be bound by these terms of service ("Terms"). The Service is owned and operated by ListingHoot LLC ("ListingHoot," "we," or "us"). These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Service.
We may modify these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Service, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Service after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Service.
To use certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to keep it accurate, current, and complete. You are solely responsible for safeguarding your ListingHoot password, and you are solely responsible for any activity that occurs under your account. If you suspect unauthorized use of your account, you should notify us immediately.
ListingHoot offers various subscription plans. By selecting a subscription plan and providing your payment information, you agree to pay the subscription fee indicated for that service. Subscription fees are billed in advance and are non-refundable. There will be no refunds or credits for partial months of service, or for periods in which you did not use the service.
We use third-party payment processors to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms. We are not responsible for errors by the payment processor.
Our Service operates on a credit-based system where each credit allows you to generate one property description. Credits may be purchased in packages and do not expire once purchased. Unused credits remain valid as long as your account is active. Credits are non-transferable and cannot be exchanged for cash value.
You may request a refund for unused credits within 30 days of purchase if you are not satisfied with our service. Credits that have already been used to generate descriptions cannot be refunded. To request a refund, please contact our support team at support@listinghoot.com.
While ListingHoot strives to provide content that complies with Fair Housing laws, it is ultimately the responsibility of the user to ensure that all property listings and marketing materials comply with federal, state, and local Fair Housing laws and regulations. You agree to review all content generated by our Service and make any necessary modifications to ensure compliance with applicable laws.
ListingHoot does not guarantee that content generated by our Service will be fully compliant with all aspects of Fair Housing laws in all jurisdictions. We strongly recommend that you familiarize yourself with the Fair Housing Act and relevant local regulations.
Subject to your compliance with these Terms, ListingHoot grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or business purposes. Any rights not expressly granted herein are reserved by ListingHoot.
Upon generating a property description using our Service, you are granted full ownership rights to the content generated. You may use, modify, distribute, and publish this content for your business purposes without attribution to ListingHoot. However, this does not transfer any ownership rights to the underlying technology, algorithms, or systems used to generate the content, which remain the exclusive property of ListingHoot.
You agree not to:
We may terminate or suspend your access to and use of the Service at our sole discretion, without notice, for any reason, including if we believe that you have violated these Terms. Upon termination, your right to access and use the Service will immediately cease. The following provisions will survive termination: License to Content Generated, Disclaimer, Limitation of Liability, and General Terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LISTINGHOOT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTINGHOOT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LISTINGHOOT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL LISTINGHOOT'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID LISTINGHOOT IN THE PAST SIX MONTHS FOR THE SERVICE.
You agree to indemnify, defend, and hold harmless ListingHoot and its officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your conduct in connection with the Service.
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oklahoma, in each case located in Marshall County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Terms constitute the entire agreement between you and ListingHoot regarding your use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ListingHoot.
If you have any questions about these Terms, please contact us at support@listinghoot.com.
Last updated: March 11, 2024
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