Membership Terms and Conditions

Membership Terms and Conditions

Updated June 3, 2024

MEMBER PROGRAM:

Welcome to Listings Project!   We welcome you as a member of our community and look forward to your active participation on listingsproject.com as a productive contributing member and supporter of our community’s endeavors.   

These Membership Terms and Conditions (these “Terms” or this “Agreement”) govern the Listings Project Premium Supporting Membership (“Premium Membership”), and the Listings Project Free Community Membership (“Free Membership”) programs, and remain subject to the Listings Project’s current Terms of Use in effect (the “Terms of Use”).   The Premium Supporting Membership and Free Membership programs collectively constitute the Listings Project Membership Program (“Membership” or “Membership Program”), which is a loyalty program brought to you by Listings Project LLC (“we,” “us,” “our” or “LP”). Purchase and/or use of any Membership at any time subjects the purchaser or user (“you,” “your,”  “Premium Member”, “Free Member” or “Member”) to the provisions of this Agreement, as amended periodically. The Membership Program is valid only with respect to your qualifying activity on the ListingsProject.com website (“listingsproject.com”).  Qualifying activity is defined as any of the following: transactions using the Membership (including payment of the Membership fee for Premium Memberships); signing into the Member’s linked listingsproject.com account via listingsproject.com or any related LP-owned software application, or updating the Member profile.  

If you wish to obtain early access to listings and/or to monitor favorite listings and receive alerts relating to favorite listings on listingsproject.com, consider joining our Premium Supporting Member tier of Membership.

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 16, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 16, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND LISTINGS PROJECT LLC WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

  1. PROGRAM TIERS.

You may select from one of two Membership levels: Premium Supporting Membership, or Free Community Membership. While Members may transition between levels, only one level of Membership may be active on the account at any one time. Additionally, as described more fully below, existing Members who have not yet selected Premium Supporting Membership will receive benefits as part of the Free Membership program.

FREE MEMBERSHIP:  No monthly fee.

Upon selecting a Free Membership, your account will remain active unless otherwise canceled by you (see Section 6 below) or terminated by us in our sole discretion (see Section 7 and Section 8 below), or you upgrade to Premium Supporting Membership through payment of the monthly Premium Supporting Membership fee.

Benefits:

Certain Conditions:

PREMIUM SUPPORTING MEMBERSHIP:  $6.99/month.

Upon selecting Premium Membership, your account will remain active unless otherwise cancelled by you (see Section 6 below) or terminated by us in our sole discretion (see Section 7 and Section 8 below), or your Premium Membership expires and your Membership converts to Free Membership.

Benefits:

Some Conditions:

PREMIUM MEMBERSHIP FEE.

The monthly Premium Membership fee is $6.99/month.  All transactions are quoted in and will be conducted in U.S. Dollars ($).  Membership fees are subject to taxation in accordance with applicable federal or state law.  We reserve the right in our sole discretion to update, waive, amend or modify any of the terms or conditions of our Membership offerings, including without limitation, adding new tiers of Membership, changing or removing any existing tiers of Membership, and adjusting the Premium Membership fee and fee structure at any time, but changes that increase the fee will apply only to new and renewal Premium Memberships.  There is no reduced free trial at this current time.   In the future, we may tweak or adjust our pricing structure and business model or engage in other offerings of Memberships to attract more revenue or otherwise optimize our pricing and service offerings in trying to sustain and grow LP’s business and services.   Accordingly, we further reserve the right to charge different Members different fees at different times, and any prior or existing Members do not have the right to participate in any new promotions, discounts or other incentives, without the prior consent of LP at its sole discretion.    

Premium Membership fees are not refundable and are final upon payment.   No refunds will be available after we have received payment instructions from you (unless we terminate Premium Membership in its entirety; see Section 7 below).  In the event the Premium Membership fee is refunded or we are unable to process your payment within a reasonable time as determined at our sole discretion, the Premium Membership will be converted into the Free Membership level immediately.

Your Premium Membership fee and any recurring billing through auto-renewal (unless you have opted-out of auto-renewal) will be processed through our standard payment processor, Stripe (“Third Party Processor”).  We are governed by their terms of use and sale which can be found at: https://stripe.com/legal/consumer.    You agree that this Third Party Payment Processor is solely responsible for controlling, handling, processing or fulfilling purchases processed through its systems.  When using such Third Party Processor, you may be subject to additional terms of use/service and privacy policy or policies of such Third Party Processor, including without limitation, their terms of use and sale which can be found at:  https://stripe.com/legal/consumer

PREMIUM MEMBERSHIP TERM.

For new Premium Members, including customers whose Free Membership has expired and are joining Premium Membership, the Premium Membership Term will automatically renew on the monthly anniversary of the date you purchase Premium Membership (“Renewal Date”).

The Premium Membership Term will begin on the date of purchase of Premium Membership for Free Members upgrading from Free Membership.  If you fail to pay the membership fee for any month within 3 business days from the Renewal Date, LP may terminate or suspend your Premium Membership and/or access to LP’s services and Premium Membership benefits at any time.   LP may retry your credit card details multiple times or seek to contact you to clarify any faulty, incomplete or invalid credit card or other payment credentials, but is under no obligation to do so, and LP’s inability to complete a payment transaction may result in an automatic termination or suspension of your Premium Membership and/or access to LP’s services and Premium Membership benefits at any time. 

2. UPGRADING TO PREMIUM MEMBERSHIP OR TO REWARDS MEMBERSHIP FROM AN EXISTING FREE MEMBERSHIP.

Members with an active-status Free Membership (“Free Members”), may choose to upgrade to Premium Membership on listingsproject.com:

Active Free Members Choosing to Upgrade to Premium Membership:

You can upgrade your active Free Membership to Premium Membership, with Premium Membership benefits added to the existing Free Membership benefits as of the date of the upgrade for the duration of your Premium Membership term.  Once you have elected to become a Premium Member and payment is submitted to LP, the Premium Membership is non-refundable and you will be billed monthly (if you have not cancelled your Premium Membership, you are committing to each monthly renewal term upon expiration of the prior monthly term).    

Active Free Members Choosing to Not Upgrade Free Membership:

If you choose not to upgrade your Free Membership, you will continue to receive the benefits of Free Membership, but not the benefits of Premium Membership and you will not be charged for a Premium Membership. 

All Members will continue to be governed by the Listings Project Terms of Use.

2. MEMBERSHIP PROGRAM UPGRADE AND CONVERSION.

Upgrading from Free Membership to Premium Membership: A Membership account in the Free Membership level may upgrade to the Premium Membership level, and will receive benefits in accordance with that level upon acceptance of payment of the annual Premium Membership fee.

Converting from Premium Membership to Free Membership: If a Premium Membership term is cancelled, the Membership account will immediately convert to the Free Membership level and the Member will receive benefits in accordance with that level.  All existing benefits, including any alerts, favorite Listings or early access to Listings that are featured benefits of the Premium Membership associated with your account, including any related data saved on your account, will disappear and no longer be in effect upon conversion to Free Membership.  As a Free Member, you may have limited access to our services and any such access and use will remain subject to the provisions of this Agreement, the Terms of Use and our Privacy Policy.   Notwithstanding the foregoing, in the event we terminate your Membership or subscription for breach, we reserve the right to restrict your access to any services and listingsproject.com. 

3. AUTOMATIC RENEWAL; BILLING.

EACH PREMIUM MEMBERSHIP WILL AUTOMATICALLY RENEW (“AUTOMATIC RENEWAL”)      MONTHLY UNLESS (I) YOU HAVE ELECTED TO OPT OUT OF AUTOMATIC RENEWAL AFTER YOUR ENROLLMENT (SEE INSTRUCTIONS BELOW ON HOW YOU OPT OUT OF AUTOMATIC RENEWAL) OR (II) YOUR PREMIUM MEMBERSHIP IS CANCELLED, SUSPENDED OR TERMINATED.

YOU MUST CANCEL OR CHANGE YOUR SUBSCRIPTION AT LEAST 5 BUSINESS DAYS BEFORE IT RENEWS IN ORDER TO AVOID BILLING YOUR CREDIT CARD, DEBIT CARD OR OTHER AUTHORIZED PAYMENT PROVIDER, FOR SUBSCRIPTION FEES RELATING TO THE RENEWAL TERM.  YOU WILL BE NOTIFIED OF PENDING RENEWALS OR PRICING INCREASES AS REQUIRED BY APPLICABLE LAW.   IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL CONTINUE TO HAVE ACCESS TO YOUR BENEFITS AND SERVICES AS A PREMIUM MEMBER THROUGH THE END OF YOUR CURRENT BILLING PERIOD (THE EXPIRATION OF THE TERM), BUT YOUR PREMIUM MEMBERSHIP WILL NOT RENEW.

When you join Premium Membership and are enrolled in Automatic Renewal and do not opt out of Automatic Renewal at least 5 business days prior to your renewal date, or if you have last renewed your Premium on listingsproject.com and your account shows that you have not opted-out of Automatic Renewal, upon your next and subsequent renewals, not less than 5 business days prior to your Premium Membership expiration date, the then-current Premium Membership fee will be billed to: (i) the form of payment we currently have on file for you that was used to join or renew the Premium Membership in store; (ii) the form of payment we currently have on file for you that was active in your listingsproject.com account at the time of joining or renewing the Premium Membership on listingsproject.com; (iii) the form of payment we currently have on file for you that you provided to us when making a purchase of a Premium Membership on listingsproject.com; (iv) the form of payment we currently have on file for you that you updated through your listingsproject.com account or by contacting a member of Listings Project’s customer service team at listings@listingsproject.com; or (v) the form of payment we currently have on file for you that was updated by the applicable payment service provider, and to which you authorize us to continue to charge the Premium Membership fee.

You may opt-out of Automatic Renewal at any time.

If you have opted out of Automatic Renewal, you are agreeing to cancelling your Premium Membership at the end of the term, but you may of course, elect to re-start your Premium Membership at any time, unless LP has taken action to suspend or terminate your account at its sole discretion.  

You may opt out of Automatic Renewal as follows:

  1. By visiting https://www.listingsproject.com/account/membership and notifying us you want to opt out of automatic renewal; or

  2. By updating your Member profile through your listingsproject.com account to reflect you do not want Automatic Renewal; or

  3. Emailing a member of Listings Project’s customer service team at listings@listingsproject.com.

If you have opted out of Automatic Renewal, you may apply to re-enroll in Automatic Renewal by updating your Member profile through your listingsproject.com account.

4. MEMBER INFORMATION.

Members are responsible for submitting and maintaining accurate and current user information in connection with their Membership. Such information may include name, physical address, email address, and any other information we may require from time to time. Periodically we will utilize the National Change of Address (NCOA) database through information provided by the United States Postal Service to update the mailing address of accounts in our database. Members can change their account information by (i) updating Member profile data through an authenticated listingsproject.com account, or (ii) emailing a member of Listings Project’s customer service team at listings@listingsproject.com.   We cannot assume any liability for correspondence, mail or email that is lost, delayed, or misdirected.

Each Membership is solely for individual use by a single (1) natural person only and is non-transferable.   The number of simultaneous logged in sessions of access to the Benefits and services available to a Premium Member is strictly limited to two (2) sessions.   The number of simultaneous sessions available for use may change from time to time at our sole discretion.   Members are not permitted to use their Membership for the purpose of re-posting, resale, rental, or provision of goods or services to other third parties, including their customers, strategic partners or intermediaries or potential customers, strategic partners or intermediaries if any, using Membership benefits. An email address may be associated with only one Membership account. For use on listingsproject.com, a Membership may be associated with only one listingsproject.com account.   We reserve the right to disable use of your subscription and Premium Membership if we notice excessive sessions or other unusual activity using your account.   

5. CANCELLATION BY MEMBER.

You have the right to cancel or terminate your Free Membership or Premium Membership at any time by contacting  member of Listings Project’s customer service team at listings@listingsproject.com and notifying us that you want to cancel (terminate) your Free Membership or your Premium Membership.   

Cancelling a Free Membership.  By electing to cancel or terminate your Free Membership, you are asking LP to delete your account, which LP may do, but any information, features or benefits relating to your account will also no longer be accessible by you after such deletion, and subject to our Privacy Policy and Terms of Use and this Agreement, LP may retain and use any information relating to prior deleted accounts at its sole discretion.   

Cancelling a Premium Membership.  In the event of cancellation by you in the ordinary course as a Premium Member in good standing, you will continue to have access to your Benefits and services as a Premium Member through the end of your current billing period (the expiration of the term), but your Premium Membership will not renew.

Upon expiration of the term of your Premium Membership, however, all existing Benefits, including any alerts, favorite Listings or early access to Listings that are featured benefits of the Premium Membership relating to your account, including any related data saved on your account, will disappear and no longer be in effect upon cancellation.  Subject to our Privacy Policy and Terms of Use and this Agreement, LP may retain and use any information relating to prior deleted accounts at its sole discretion.   However, if you have not cancelled or terminated your Free Membership, your account will revert into the status of a Free Member.  

You will not be entitled to a refund of the Premium Membership fee except as set forth in Section 1 Program Levels and Benefits.

6. OUR TERMINATION OF MEMBER’S ACCOUNT.

We may terminate your Premium Membership or Free Membership without notice, for any reason or no reason at our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests or another user.   LP has limited resources that are focused on enhancing and improving the overall experience for all of our Members, not any one individual Member.   Accordingly, unreasonable complaints or disputes about our services that are made without just cause or other abusive or disrespectful behavior may be a legitimate reason for us to terminate, suspend or limit your account, your Premium Membership or access to listingsproject.com, in each case, as LP may determine at its sole discretion.   

In the event of any such termination, such termination will be effective immediately.   All existing Benefits, including any alerts, favorite Listings or early access to Listings that are featured benefits of the Premium Membership relating to your account, including any related data saved on your account, will disappear and no longer be in effect upon cancellation.  You will not be entitled to a refund of your Premium Membership fee and any Premium Membership benefits, including any data saved on your account, will cease and be forfeited.

7. TERMINATION OF MEMBERSHIP BENEFITS OR PROGRAM.

We may terminate or suspend the Membership Program or any or all Membership benefits at any time with or without notice.

In the event of the termination of the Premium Membership program, at our election, we will either maintain your Premium Membership benefits until the expiration of a Member’s Premium Membership current term or refund each Premium Member a pro rata portion of the Premium Membership fee for the remaining portion of the current Premium Membership term.   In the event of suspension of the Premium Membership program, we will have the same options.   

In the event of our termination or suspension of Free Membership, the Free Membership benefits will end (or in event of suspension, be suspended) immediately.

8. SURVIVAL.

Upon cancellation, termination, suspension or expiration of your subscription or any registration for any reason or the cessation of use of any service offered by Listings Project, the rights and obligations that expressly by their nature contemplate performance after such cancellation, termination, suspension, expiration or cessation of use will continue to survive and will continue in full force and effect even after you cease using or accessing any services or listingsproject.com, including without limitation, Sections 1 through 15, as well as all amounts due and owing.  

9. ADDITIONAL TERMS APPLICABLE TO SOME PREMIUM MEMBER BENEFITS.

Certain Listings Project products or services may provide eligible Service users with certain benefits (“Benefits”) such as special events and special offers from our partners, discounts and access to certain Listings Project events.  These subscriber benefits are subject to change and/or cancellation at any time. Any eligible users may access the Benefits through such user’s login credentials. As is the case with this Agreement generally, we reserve the right to modify these additional terms at any time. Under no circumstances shall we be responsible for any loss or damage resulting in any way in connection with these Benefits. For additional disclaimers and limitations on liability regarding the Benefits, please review Section 14 below.

10. CONTESTS AND OTHER PROMOTIONS.

From time to time, we, our advertisers or other parties may conduct promotions and other activities on, through or in connection with one or more of the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). In some cases, you may be eligible to win a prize (“Prize”) as part of a Promotion. Each Promotion may have additional terms and/or rules or eligibility requirements which will be posted or otherwise made available to you in connection therewith in accordance with applicable law.

11. THIRD PARTY DISCOUNT OFFERS (THIRD PARTY WEBSITES, APPS and RELATED PRODUCTS AND SERVICES)

Listings Project works with its marketing partners to provide discount codes and offers to its users and paid members (including Premium Members) from time to time for third party websites, apps, products and services.

Discount codes and offers presented by Listings Project are subject to each marketing partner’s terms and conditions, which can vary significantly.  In some circumstances, discounts offered may not include additional taxes and other fees which are not subject to any discount.  Our marketing partners are independent businesses not affiliated with Listings Project.   While we hope you find an enjoyable or useful product or service at a discount, we are not endorsing nor guaranteeing the quality of the products and services offered, nor compliance with the terms and conditions offered, by any our marketing partners.   You must use caution before buying any products or services.   Some discount codes and offers may be limited to items in-stock only and often are not valid on prior purchases.   Any offer presented by us may be incomplete, incorrect or require updating and you are not to rely on our discount codes and promotions; our information is qualified entirely with reference to the full terms and conditions relating to a discount code or offer.    In particular, the Federal Trade Commission guidelines relating to deceptive advertising caution consumers to be wary of any offer that claims to be “free” — you are urged to carefully review all terms and conditions always, but particularly in any promotion offering anything “free.”   For full terms and understanding of what a discount code or promotion entails and how to qualify for such an offer, please visit our marketing partners’ website or app for more information.

Discounts and offers subject to change, other discounts or offers may be more suitable for you.   Discount codes and offers distributed by Listings Project to you may not be combined with any other sale, promotion, discount, code, coupon and/or offer.  Promotions have no cash value.  Any discount code or offer cannot may be modified or cancelled, without notice.  Many discounts may be one-time use or discontinued after a limited time, and be sold or otherwise bartered.   Void where prohibited, taxed or otherwise restricted.

12. THIRD PARTY WEBSITES, PRODUCTS AND SERVICES.

From time to time, we may offer different subscription options or promotions, including subscriptions to third party products and services or subscription bundles that include subscriptions offered by LP along with those offered by third parties.   If you choose to purchase such offerings, you agree that we may charge your payment method on file for any included third-party products and services.

Certain sections of any services offered by LP or any promotional offers provided as a Benefit for Premium Members may contain links to, or frame third-party websites, content, products or services (collectively, “Linked Content”).  Some of this Linked Content may contain our logo or other branding of ours. Notwithstanding the foregoing, the inclusion of any Linked Content does not constitute an endorsement by us, nor does it incur any obligation, responsibility or liability on our part or of our affiliates. We do not verify, control or have any responsibility for the Linked Content, including, without limitation, their content and privacy practices. We encourage you to read the terms and conditions and privacy policy on any Linked Content you use.

13. PRIVACY POLICY.

As a Member, the information we capture will be subject to the Listings Project Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the Listings Project Privacy Policy at any time online on https://www.listingsproject.com/privacy-policy or you may obtain a copy by emailing a member of Listings Project’s customer service team at listings@listingsproject.com.  

14. DISCLAIMERS; LIMITATION OF LIABILITY.

USE OF THE LISTINGS PROJECT MEMBERSHIP PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK.  YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS, MEMBERSHIP BENEFITS AND OTHER BENEFITS, PRIZES AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS.    

LISTINGS PROJECT LLC AND ALL OF ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “MEMBERSHIP PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION (A) ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF A SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY US, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY.

MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE LISTINGS PROJECT MEMBERSHIP PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE LISTINGS PROJECT MEMBERSHIP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE LISTINGS PROJECT MEMBERSHIP PROGRAM WILL MEET YOUR EXPECTATIONS.

FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT GIVE TAX OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX AND INVESTMENT ADVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF LISTINGS PROJECT LLC AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SPONSORS, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS AND PARTNERS (EACH, INCLUDING LP, A “LP PARTY” OR COLLECTIVELY, THE “LP PARTIES”) TO YOU FOR DIRECT DAMAGES IS LIMITED TO THE ACTUAL SUBSCRIPTION FEE FOR PREMIUM MEMBERSHIP PAID BY YOU IN THE 12-MONTHS PRIOR TO A CLAIM ARISING. 

THE LP PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH CONTENT, TOOLS, BENEFITS OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE LP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.  FOR THE AVOIDANCE OF DOUBT, EXCLUDED DAMAGES INCLUDES WITHOUT LIMITATION, DAMAGES OR LOSSES ARISING FROM, OR RELATING TO: (i) THE USE OR THE INABILITY TO USE THE LISTINGS PROJECT MEMBERSHIP PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE LISTINGS PROJECT MEMBERSHIP PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE LISTINGS PROJECT MEMBERSHIP PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE LISTINGS PROJECT MEMBERSHIP PROGRAM. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.   IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN EACH OF THE LP PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

15. GOVERNING LAW.

These Terms, and the respective rights and obligations of the parties hereunder, will be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of law principles (other than the principles set forth in Section 5-1401 of the General Obligations Law of the State of New York), provided, however, that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., to the extent permitted by law, and that in the event of any conflict by and between New York law and the FAA, the FAA will prevail and control.  

16. DISPUTE RESOLUTION.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LISTINGS PROJECT LLC TO AGREE TO ARBITRATE CERTAIN DISPUTES. AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND LISTINGS PROJECT LLC FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND LISTINGS PROJECT LLC AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. LISTINGS PROJECT LLC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

Any dispute or claim arising from, relating to, or connected with these Terms, the Listings Project Membership Program, and/or any Listings Project Member account (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Terms will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration will be the State of New York or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section 16, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.

FEDERAL ARBITRATION ACT. These Terms affect interstate commerce, and the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

ONE YEAR TO ASSERT CLAIMS. To the extent permitted by law, any Claim by you or Listings Project LLC relating in any way to these Terms, our Membership Program, or any aspect of the relationship between you and Listings Project LLC as relates to these Terms, or our Membership Program, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Listings Project LLC will not have the right to assert the Claim.

WAIVER OF CLASS ACTIONS. Each party agrees that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and will not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.  EACH PARTY AGREES THAT SUCH PARTY IS KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT IT MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS OR THE MEMBERSHIP PROGRAM OR THE RELATIONSHIP BETWEEN THE PARTIES.

OPTION TO OPT-OUT. You have the right to opt out of binding arbitration within 30 days of the date that you become a Member (unless a longer period is required by applicable law). In order to be effective, your written notification to Listings Project LLC, Attention: Legal Department to 5 Union Square West Front1 #1088 New York, NY 10003, and your written notification must include your name, mailing address, and email address. The notice must clearly indicate your intent to opt-out of this binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15 above.

REJECTION OF FUTURE ARBITRATION CHANGES. You may reject any change we make to Section 16 (except address changes) by personally signing and sending us notice within 30 days of the change via email at legalnotices@listingsproject.com or by certified mail addressed to Listings Project LLC, Attention: Legal Department to 5 Union Square West Front1 #1088 New York, NY 10003. If you do, the most recent version of Section 16 before the change you rejected will apply.

You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.

For purposes of any Claim that is not subject to the arbitration procedures in this Section 16, we both agree to the governing law and jurisdiction as set out in Section 15 above.

17. ACKNOWLEDGEMENT.

This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Listings Project Membership Program with respect to the Listings Project Membership Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and will not affect the meaning of any terms. Any user of any portion of the Listings Project Membership Program is deemed to have accepted these Terms.

18. CHANGES TO THE AGREEMENT.

We may change these Terms at any time without notice or liability by posting a revised Agreement located on listingsproject.com/membership-terms-and-conditions. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Any change will take effect immediately, unless otherwise provided. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. You may view the current version of this Agreement at any time online on listingsproject.com/membership-terms-and-conditions. You may also obtain a copy by emailing a member of Listings Project’s customer service team at listings@listingsproject.com.

This Agreement was last modified on June 3, 2024 (the “Effective Date”) and any prior Listings Project Membership Terms and Conditions are amended and restated and replaced in full as of the Effective Date.

Browse Listings Post a Listing Join / Sign In