Terms of Use

Updated November 21, 2024

Objectives/Content

Listings Project LLC (referred to hereinafter as “we”, “us”, “our” or “Listings Project”) operates the website located at www.listingsproject.com and offers a subscription service distributed via e-mail and other electronic means for listings and other content from us (together, such website with any related software app or application, listings and other content distributed by us to our registered Users and members, the “LP Platform”), which contains content that is provided as a service to Users of the LP Platform or our Service (each a “User”) who agree to abide by the following legal terms. We provide an online venue that enables Users to (i) view or use the LP Platform and (ii) view, post and respond to listings for real estate, working opportunities, items for sale, services offered and such other services as we may provide from time to time (in each case of subclause (i) and (ii), the “Service”).  Your right to use the LP Platform and the Service is governed by these Terms of Use (the “Terms of Use” or these “Terms”) and our Privacy Policy (the “Privacy Policy”) and our Membership Terms and Conditions (the “Membership Terms”].  Please read these Terms carefully before you access the LP Platform or use the Service.

By accessing the LP Platform or using the Service in any way in addition to any explicit acceptance of the Terms of Use, Privacy Policy, and Membership Terms, you are agreeing to comply with these Terms of Use, Privacy Policy, and Membership Terms.  We reserve the right to change the Terms of Use, Privacy Policy, and Membership Terms at any time and for any reason. Updated versions of the Terms of Use, Privacy Policy, and Membership Terms will distributed through the Service and posted at www.listingsproject.com, and you should visit these Terms of Use, Privacy Policy and Membership Terms periodically to keep apprised of any changes.

By continuing to use the Service after any such change, in addition to any explicit acceptance of the Terms of Use, Privacy Policy and Membership Terms, you accept and agree to the modified Terms of Use, Privacy Policy and Membership Terms.  If you do not agree to these Terms (including the Privacy Policy and Membership Terms), you should not access or use the LP Platform or Service.   We reserve the right to modify or discontinue, temporarily or permanently, the Service, any features, benefits (including without limitation blocking or terminating your access to the Service), rules or conditions, all without notice, even though such changes may affect the way you use the Service. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service.

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION ENTITLED “Dispute Resolution (Arbitration Agreement)” (THE “ARBITRATION AGREEMENT”), (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN THE ARBITRATION AGREEMENT, 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.

You will be deemed to have “posted,” as such term is used in these Terms of Use, at the moment you have submitted or any person authorized by you has submitted any postings, ads, messages, advertisements, photographs, images, illustrations, images, designs sounds, audio clips, text, files, video clips, “look and feel”, metadata, data or compilations, or other materials (each and collectively “Content”) to be included in, available through or published by, the Service.

By using our LP Platform and our services or registering on our LP Platform on behalf of a business or otherwise accepting our Terms of Use through any  “clickwrap”, you represent and warrant that (a) all information you submit to our LP Platform or Service is information that you are authorized to submit and truthful, complete and accurate; (b) you will maintain the accuracy, truthfulness and completeness of such information; (c) you are 18 years of age or older;  (d) you reside in the United States; and (e) your use of our LP Platform or Services and our services or products does not violate any applicable law or regulation.

You agree that all information you provide to register with this LP Platform or Service or otherwise, including but not limited to through the use of any interactive features on the LP Platform or Service, is governed by our Privacy Policy, our Refund Policy, and our Community Agreements and you consent to all actions we take with respect to your information in accordance with our Privacy Policy, Refund Policy and Community Agreements.    

The Community Agreements, together with the Terms of Use govern the use of our LP Platform and our Service, and the Community Agreements are incorporated by reference into and are an integral part of the Terms of Use.   By consenting the Terms of Use, you are consenting and agreeing to the Community Agreements.

Whenever you provide us information on our LP Platform or Service, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete.  If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may take any lawful action we deem necessary to protect our legal interests.  

Listings Project’s Role

Subject to these Terms, we are offering you the right to use the LP Platform and Service that enables our users the opportunity to publish, offer, search for jobs, services, real estate rentals and sublets and other opportunities.   While Listings Project works hard to try to ensure users have a great experience, we cannot control the conduct of other users and listers.   We do not guarantee (i) the existence, quality, safety, suitability, or legality of any listings, products or services or (ii) the truth or accuracy of any listing descriptions, reviews, or other Content provided by users and listers on the LP Platform or Service.   You agree Listings Project has the right, but not the obligation, to monitor the use of the LP Platform and the Service and to verify information provided by users.    We administer our Terms, Privacy Policy, Membership Terms and Community Agreements, including decisions about whether and how to apply them to a particular situation at Listing Project’s sole discretion.      

We have the right at any time, for example, to:  (i) operate, secure and improve the LP Platform or Service (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure any user’s compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address user Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing listings that don’t meet quality and eligibility criteria (which we may update and revise from time to time at our sole discretion, including on a case-by-case basis at any time in light of current, past or anticipated circumstances).

Registration and Security

As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address or by linking another account, such as your Apple, Facebook or Google accounts. You also may be requested to provide certain registration information, which must be accurate and updated.

Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Service if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Listings Project. You may not: (1) select or use the login credentials of another person with the intent to impersonate that person; (2) use login credentials in which another person has rights without such person's authorization; or (3) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with these requirements will constitute a breach of these Terms of Use, which may result in immediate suspense or termination of your account. You must provide us with accurate, complete, and updated registration information about yourself.

You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

Please notify us by writing to listings@listingsproject.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

You must be 18 years or older to use any part of the Service in the USA and the UK, and 16 years or older anywhere else. If you are less than 18 years of age and would like to use, subscribe or register to any part of the Service, please ask your parent or legal guardian to review and agree to these Terms of Use before you use any part of the Service or ask them to complete the purchase and/or registration on your behalf.

You are responsible for all usage or activity on your account with Listings Project, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.

We cannot and do not guarantee that any of the Service will be free from viruses or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Service.

If there is a dispute between participants on this site, or between users and any third party, you agree that Listings Project is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Listings Project, its subsidiaries, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service.

Scraping and Republishing Prohibited

You are not permitted to use this website other than for the following personal, non-commercial purposes: (i) viewing this website; and (ii) viewing, posting and responding to listings for real estate, working opportunities, items for sale, services offered and such other services as we may provide from time to time (each and collectively, the “Service” and use of the LP Platform for such purposes, the “Permitted Purposes”).  Without our prior express approval, you are expressly prohibited from: (a) republishing any posting, listing or other Content from the LP Platform or from us (including on any other website, social media platform messaging app or app or other medium including SMS, text, email or otherwise); (b) distribute or otherwise publish any material containing any solicitation of funds, advertising, donations, or solicitation for, or offer of, goods or services; (c) selling, renting or sub-licensing any posting, listing or other Content from the LP Platform or delivered by us; (d) collecting, storing, reproducing, duplicating or copying any posting, listing or other material from the LP Platform or delivered by us; (e) redistributing any posting, listing or other Content from the LP Platform or delivered by us; (f) creating derivative works from any Content relating to any part of the LP Platform or other Content delivered by us; (g) training any AI or artificial intelligence model; or (h) use all or any part of the Service, or Content from or relating to the Service or LP Platform,  to collect, store, or use any user information for any purpose not expressly permitted by these Terms of Use.  You understand and agree that listings, commentary, and associated photographs and other Content on the LP Platform or delivered by us are subject to copyright, and that copying these without the consent of Listings Project and its licensors would constitute copyright infringement.

You may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, for any reason, whether manually or by automation, extract data from the LP Platform for commercial or non-commercial purposes, including, without limitation, harvesting, crawling, indexing, scraping, spidering, mining, gathering, extracting, compiling, obtaining, aggregating, capturing, or storing any listing or other Content on or through the LP Platform (collectively, “screen scraping”).

Screen scraping relating to the LP Platform or any Content on our LP Platform or delivered by us is strictly prohibited by Listings Project, and represents a material breach of these Terms of Use. You acknowledge that you are aware that the LP Platform is a website and/or app requiring User registration and authentication (non-public) that any screen scraping represents “unauthorized access” under applicable laws and that persistent unauthorized access will cause harm to Listings Project, including monetary damages not easily quantifiable (as well as non-monetary damages) which would constitute irreparable harm to the business of Listings Project.   As such, you acknowledge and agree that screen scraping will constitute immediate and irreparable damage to Listings Project, which cannot be fully and adequately compensated in money damages and which will warrant preliminary and other injunctive relief, including specific performance, without the requirement of any bond or other security in obtaining such equitable relief.  You further understand that other legal action may be taken and remedies enforced against you.

Our User registration and authentication, as well as your express acceptance of these Terms of Use via “clickwrap” has been required prior to granting you access to the LP Platform and, as such, represent affirmative steps by Listings Project to forbid, prohibit, or prevent you from screen scraping. As such, you acknowledge and agree that Listings Project will have standing to sue for breach of contract, a violation of the Computer Fraud and Abuse Act, (3) a trespass to chattel, and (4) copyright infringement in the event of any breach of the foregoing prohibition on screen scraping.

Marketing Emails

By providing us with an email address, you are agreeing to receive our newsletter and other marketing communications from us through that email address.  For more information, please see our Privacy Policy.

User Conduct

You must follow these Terms and must not help or induce others to break our circumvent these Terms.   Always be respectful and polite when you communicate or interact with others on the Service.   Without limitation, while using the Service or the LP Platform, you must not:


Engaging in a prohibited use of the Service may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the User and those assisting the User.

Prohibited Listings

The following listings are not accepted on the LP Platform:


With respect to any submission or posting in New York City, you are representing and warranting to us that you are not a licensed or unlicensed real estate broker, salesperson or agent or acting directly or indirectly on behalf of any such person.  

Reporting Breaches of User Conduct and Prohibited Listings

If you become aware of a material breach of User Conduct by another User or a Prohibited Listing (“Serious User Misconduct”), you have the option to immediately report such breach of User Conduct and Prohibited Listing by writing to listings@listingsproject.com.

Any positive contributions made by you in good faith may be helpful in building our community of trust and only enhance the experience of Listings Project so others will not feel mislead or waste more time pursuing listings with other listers and Users who are not following the rules or otherwise engaging in illegal activity.   

As a community promoting values of trust and connectedness and the other values espoused in our Community Agreements including without limitation Equity, Transparency, Collective Care, Justice and Joy, Listings Project takes breaches of our Terms of Use — together with violations of our norms and values set forth in our Community Agreements, very seriously and seeks to promote truthful, accurate and not misleading communication of real estate, gig, job services listings to our creative community of Users.   However, we recognize that not all purported breaches are made in good faith — and in some cases may unfairly damage the reputation or business of another lister who is harmed by an inaccurate, misleading or materially unfair reporting of a breach, and we kindly request that any reporting of Serious User Misconduct be accompanied by as much detail as you can reasonably provide, together with any attachments of materials backing-up your claims. If available.   

A few ground rules to be aware of with respect to reporting of breaches of Serious User Misconduct: 

  1. All Listers and Users may lose access to Listings Project and have their accounts terminated at any time for any reason, with or without notice.  

  2. You agree that: (a) any complaint set forth by you to Listings Project about another user or Lister will be true, accurate and complete in all material respects and (b) you will not make any untrue statement of a material fact nor omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.   

  3. You agree to promptly update or withdraw any complaints made to Listings Project if you find out additional material information that would make your prior statements or complaint to Listings Project materially misleading or not true, accurate or complete.  

  4. Listings Project is not in a position to mediate or resolve any disputes between Users and Listers on anyone’s behalf.

  5. When a user brings a complaint against a fellow Lister, Listings Project can review any documentation and information provided to determine if anyone broke Community Agreements or these Terms of Use. If so, Listers may lose access to Listings Project and have their accounts terminated and postings may be removed or modified depending on facts and circumstances. 

  6. Once a complaint is made, Listings Project may act (or not act) on such a complaint at any time at its sole discretion.

    • In sharing any materials with Listings Project, you are agreeing not to share anything unlawful or any proprietary or confidential information of any third party for which you do not have the right to share such information with Listings Project.   In addition, you are expressly licensing to Listings Project the right to review, use, publicize or otherwise deploy such materials and information for its own internal purposes, including for the review and/or resolution of potential Serious User Misconduct.  

    • Listings Project is not required to update you or any User or Lister as to the status of such internal processes and proceedings or even its determination as to whether or not to act upon a complaint.  

    • In some instances, Listings Project may prioritize more serious complaints over others or collect additional back-up or choose to investigate or not make further inquiries of the Users in any dispute.

    • However, in all instances, Listings Project has the sole discretion whether or not to pursue any matter, and to opt to what degree it will pursue one or matters as well as any resolution (however satisfactory or not to any party) to a problem or dispute brought to our attention.   

    • Listings Project has the right to approach any other User or Lister with some or all of the information you’ve provided and provide important feedback, and the information you’ve provided is not subject to any exclusive license or limitation imposed on Listings Project’s rights to make additional inquiries and requests, including inquiries and requests or conversations with Users or Listers accused of Serious User Misconduct.  

    • Listings Project’s failure to act on a complaint or failure to reach a satisfactory resolution of any complaint is not to viewed as endorsement of any other Lister or User’s activities.  Be mindful that Listings Project has limited resources and is also constrained to follow legal advice of its lawyers in the handling of various matters and disputes and it is challenging to keep everyone happy and honest all of the time, despite the best of intentions of various community members. 

  7. If you wrongly bring a complaint against a fellow Lister, your Listings Project account may be terminated.

  8. While we appreciate moral rectitude, support and enforcement of community norms and values and do not wish to tolerate fraud, illegal activity or breaches of Community Agreements or these Terms and Conditions, we also ask you to respect to the privacy of other Users and Listers and to be cautious in your criticisms of other and in the event that you publicize any complaints made to Listings Project as well as to be mindful of your obligations under these Terms of Use.  Please be reminded at all times that the account of any User may be suspended or terminated at any time by Listings Project for any reason or no reason, with or without notice.  

  9. The withdrawal or deletion of any complaint of Serious User Misconduct does not require Listings Project to withdraw or modify its own internal processes in pursuing any matter relating to Serious User Misconduct.   

User Cooperation

You agree to cooperate with and assist Listings Project (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation or inquiry undertaken by us regarding use or abuse of the LP Platform and the Service.   In all cases, Listings Project is not acting as an agent for any user or lister.   

No Spam; Limitations on Communications

You agree that, with respect to other Users’ personal information that you obtain directly or indirectly from or through the Service, we have granted to you a license to use such information only for: (i) Service-related communications that are not unsolicited commercial messages, (ii) using services offered through the Service, and (iii) inquiring about or otherwise facilitating a transaction between you and the other User for a Permitted Purpose. Any other purpose will require express permission from the User and Listings Project. You may not use any such information for any unlawful purpose or with any unlawful intent.  In all cases, you must give Users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances may you use or disclose personal information (whether or not for a commercial purpose) about another User to any third party nor infringe upon the data privacy rights of any User or any other person, without the consent of the other User or such person.  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. Therefore, without limiting the foregoing, you are not to add a User to your mailing list (email or physical mail) without the User’s express consent.

Use of Materials

Any ad, text, image, likeness, audio, video or message that you post, transmit, or otherwise make available for viewing or listening through the Service will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by us or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium (whether currently existing or in the future), including our print media, if any. You grant us (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, revision and advertising in any media in perpetuity without notice or compensation to you. The foregoing provisions in this paragraph are subject to our Privacy Policy.

Fair Housing

All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, as well as to the relevant state or local laws pertaining to discrimination in real estate.   Protections may include, but are not limited discrimination, whether direct or indirect, and regardless of intent, in the sale, rental, advertising, financing, provision of terms and services and/or other housing-related transactions, on the basis of one’s race, color, ethnicity/ethnic heritage, nationality, religion, sexual orientation, gender identity, gender expression, handicap (disability), age, size, social class, alienage and/or citizenship status, familial status (including having children under the age of 18 living with parents or legal custodians, being pregnant, and one in the process of securing custody of children under the age of 18), marital status, criminal history, partnership status, lawful source of income, economic status, status as a victim of domestic violence, lawful occupation, military status and/or any other protected class under applicable state or local law (in each case, a “Protected Class or Status”).   We will not knowingly accept any real estate advertising which is in violation of any applicable law. Users are hereby informed that all dwellings advertised on the Service are available on an equal opportunity basis. To complain of discrimination call HUD toll-free at 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275.

For more information visit: https://www.hud.gov/fairhousing

You acknowledge and agree that you will not submit or post any ad which discriminates on the basis of or relating to a Protected Class or Status.  If you see any ad or posting which discriminates based on any of the above factors, you are encouraged, in addition to contacting HUD, State and or local enforcement agencies to report such ad or posting by sending an e-mail to listings@listingsproject.com. You understand that we will have the right, but not the obligation, to remove, edit, or delete any ad.

Termination and Suspension of Access

We have the right to terminate or suspend your account or otherwise prevent you from using the Service at our sole and absolute discretion, with or without cause, at any time and without notice, and without any liability to you for doing so.  We further reserve the right to block access to the Service to anyone for any reason at any time.  Any User who violates these Terms of Use may be permanently banned from posting ads, accessing the LP Platform and/or using the Service.

If we terminate your account, you must immediately stop using the Service and you agree not to directly or indirectly, attempt to regain access to the Service, post any listing or submit any listing for posting, contact any User, re-post any Content on the LP Platform or provided by us to you, in each case, without our express permission.  Such termination will result in the suspension or deletion of your account and access to your account.

In addition, we may terminate your account (i) if we become aware of or have received one or more complaints about your use of the Service, (ii) if we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Listings Projects, its Users, or third parties, or (iii) to prevent fraud or other illegal activity.

If a complaint is brought against you, we have the right, but not the obligation, to provide you notice of such complaint, and depending on the nature of the complaint and information provided to us, we may further provide you with an opportunity to respond within 24 hours if you believe in good faith that such complaint has been wrongly brought against you.  File complaints and responses by emailing listings@listingsproject.com. Please note that Listings Project is under no obligation to investigate or mediate any complaints or responses.

No Third Party Beneficiaries

You agree that, except as explicitly provided in these Terms of Use, there will be no third party beneficiaries to these Terms of Use.

Copyright and Trademarks

All materials on the Service, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by, controlled by, or licensed to, us and/or the party appropriately credited as the provider of Content on the Service.  Listings Project LLC also owns copyright in the selection, coordination, compilation and enhancement of such Content (the “Arrangement”).  You agree to abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Service.  Content from the Service and from any website owned, operated, controlled, or licensed by us may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way that violates the rights of others.  The Listings Project trade name is owned by Listings Project LLC.   You are expressly prohibited from use of Content without prior written consent from Listings Project LLC in connection with: (1) the development of any software program, model, algorithm, or other generative AI tool, including, but not limited to, training or using the Content in connection with the development or operation of a machine learning or artificial intelligence (“AI”) system (including any use of the Content for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation); or (2) providing archived or cached data sets containing Content to another person or entity.  We generally do not permit the use of our trade name without our prior written authorization.  If you want permission to use our trade name and/or logo in any manner, including, without limitation, on any website etc., you may contact us at listings@listingsproject.com.

In posting Content on the Service, you grant us and our affiliates and licensees, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license (including a similar right of sublicense), and the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive, and create derivative works from the posted Content in connection with our business.

Notification of Infringement

(A) The Digital Millennium Copyright Act (“DMCA”) provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:

Please note that we have designated the following agent for such copyright complaints or requests under the DMCA:   Stephanie Diamond. Notices can be sent directly to this agent at:

Listings Project LLC

5 Union Square West
Front1 #1088
New York, NY 10003
Email: listings@listingsproject.com

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.

(B) If you send us a request to take down Content that infringes upon any other of your intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your notice should include:

(C) We may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of Users who may be repeat infringers.

Posting of Ads

You understand that each time you post an ad on the Service or otherwise use the Service, you agree to these Terms of Use. By agreeing to these Terms of Use, you acknowledge that we may send you e-mail messages telling you about offers listed on the Service, or related services provided by our affiliates and partners. You understand and agree that such communications are part and parcel of your registration for and use of the Service; if you do not wish to receive further communications from us (or our affiliates and partners), you may cancel your registration by sending a cancellation notice to listings@listingsproject.com by unsubscribing from our mailing list at any time using the link in any of our mailings.

Fees and Taxes

We may impose a fee on the posting of Content to the Service. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms of Use. Under no circumstances will we be required to provide a refund in the event that Content is removed from fee-based areas for violation of these Terms of Use.  Users renting, selling or licensing any good or service on the Service are solely and exclusively responsible for reporting, collecting, remitting and paying any applicable VAT or other tax, including, without limitation taxes on occupancy, tourism, income or otherwise.  We will only be responsible for reporting and paying taxes on our income from the Service.

Links

We have no control over and are not responsible for the Content of or claims made on websites that may be linked to or from the Service, whether or not they may be affiliated with us. Any websites linked to or from the Service are for your convenience only, and you access them at your own risk.

Disclaimers and Releases

In trying to develop a stronger sense of community and a better world, we cannot protect and do not assume any obligation to try to protect you from the many risks, uncertainties, bad activities or bad actors in the outside world.   

We assume no responsibility for the accuracy, currency, completeness, or usefulness of information, views, opinions, or advice in any material contained on the Service. In addition, we do not endorse any opinions or recommendations posted by others. Any information posted on the Service is the responsibility of the person or persons originating the message. You understand that all Content posted on, transmitted through, or linked from the Service, are solely the responsibility of the person from whom such Content originated. You understand that we do not control, and are not responsible for Content available on the Service. We do not own, control, offer or manage real estate listings or other listings on the Service.  

We are not a real estate broker, travel agency or insurer, and we do not act as an agent in any capacity for any User posting, whether for real estate or otherwise. You agree that we do not have the obligation to pre-screen, monitor, or approve any Content, but that we will have the right, but not the obligation, to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit, or delete any Content for any reason whatsoever. 

Your relationship with Listings Project is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Listings Project.   Listings Project does not direct or control your products, services or conduct and your choice of vendors and counterparties with whom you may set your own price, terms and conditions.   We are not a party to the contracts that may be entered into between listers and renters, employers and employees or independent contractors, service providers and recipients or other relationships that may be formed through our Service.  

We will not be responsible for any interaction between you and the other Users of the Service or the LP Platform.  Listings Project and its affiliates and respective agents accepts no liability for any products or services made available by other Users or listers (whether through the Service and LP Platform or otherwise), nor the acts, errors, omissions, representations, warranties or negligence, fraud or other misconduct of any other User or lister or third parties or any personal injuries, death, property damage or other damages or expenses resulting from your interaction with other Users or Listers or giving or receiving any products or services made available by other Users or Listers(whether through the Service and LP Platform or otherwise).    Neither Listings Project nor its affiliates or respective agents makes any guarantees about the availability of specific products and services provided by Listings Project, its affiliates or respective agents or any third parties, including other Users or listers.  The display of any listing on the Service or the LP Platform is not an endorsement or recommendation by Listings Project for any listing, product or service, including any rental or real property arrangements, if any, which should always be approached cautiously with a high degree of care.  

Your dealings with others through the Service are solely between you and such other third parties, including other Users or listers.  Under no circumstances will we be liable for any goods, services, resources, or Content available through such third party dealings or communications, or for any harm related thereto. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Service and any Content, including your stay at any real estate listing, contact with any other User, or any other activity facilitated by the Service, whether in person or online.   Listings Project expressly cautions you not to unduly rely on any statement or offering on the LP Platform or through the Service or any communications by, between, among or from other Users or with any third party you contact directly or indirectly through the LP Platform.   You are responsible for investigating and determining suitability of any statement or offering on the Service, which may carry risk of loss, fraud, misrepresentation, larceny, illness, bodily injury, disability or death, and you freely and intentionally assume those risks by participating in the Service and engaging with the LP Platform.  

Your personal safety is an important key consideration to bear in mind at all times.   We do not guarantee the safety of any property or the truth or accuracy of any property listings or other Content provided thru our Service or the LP Platform, or offered by any User or third party you have contacted directly or indirectly through the Service or the LP Platform.

We are under no obligation to become involved in any disputes between you and other Users of the Service or the LP Platform, or between you and any other third parties.

You agree that our service is a venue for Users and listers of the LP Platform and Service. In the event that you have a dispute with any third party, including without limitation any User or lister of the Service or LP Platform or any third party website that may be linked to or otherwise interact with our Service or LP Platform, you agree that we are under no obligation to become involved.   You further agree you will not involve, hold liable, or make any claim against compensation), Listings Project or any of its affiliates or respective employees or agents acting officially on its behalf,  in any way in respect of a dispute (including for losses or to release us from any and all claims, demands, and damages arising out of or in connection with such dispute, other than disputes directly caused by Listings Project.

CALIFORNIA RESIDENTS.  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.”

You are entirely responsible and liable for any Content you post or any Content that is posted by any person authorized to use your e-mail account or computer system.  Without limiting, expressly or by implication, Listings Project’s entitlement to full release and indemnification by you under these Terms of Use, you hereby represent, warrant and covenant to Listings Project and to all other Users (as defined below) that: (i) all persons using your Listings Project account are duly authorized by you, (ii) you maintain all legal rights, whether by lease, license, title ownership or otherwise, required for the actions taken by you or offered to be taken by you on or through the Service, which legal rights are valid and in good standing at the time of any such action or offer by you on or through the Service; (iii) you have all legal right, power and authority required to enter into these Terms of Use as well as any transaction you enter into or offer to enter into with another User on or through the Service, (iv) the acceptance of these Terms of Use by you, your use of the Service, and any transactions entered into by you with any third party on or through the Service do not and will not violate any law or regulation or any agreement to which you are a party.  

YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING DUE DILIGENCE AS TO THE ACCURACY OF THE ABOVE REPRESENTATION AS MADE BY YOURSELF AND BY OTHER USERS AS WELL AS WITH RESPECT TO ANY ASPECT OF A TRANSACTION CONTEMPLATED BY YOU ON OR THROUGH THE SERVICE.  LISTINGS PROJECT SHALL HAVE NO RESPONSIBILITY WHATSOEVER IN RESPECT OF A USER’S BREACH OF ANY OF THE FOREGOING REPRESENTATIONS, WARRANTIES OR COVENANTS, OR YOUR FAILURE TO CONDUCT ADEQUATE DILIGENCE IN RESPECT OF OTHER USERS OR CONTEMPLATED TRANSACTIONS ON OR THROUGH THE SERVICE.

IN ADDITION, LISTINGS PROJECT SHALL HAVE NO DUTY TO NOTIFY OR WARN YOU OR OTHER USERS OF ANY SPECIFIC RISKS, ALLEGATIONS OR OTHER INFORMATION RELATING TO A LISTING OR OTHER USER OF WHICH LISTINGS PROJECT MAY BECOME AWARE FROM TIME TO TIME, OR TO TAKE ANY ACTIONS MITIGATING OR ADDRESSING ANY SUCH RISKS, ALLEGATIONS OR OTHER INFORMATION.  USERS SHOULD RETAIN LEGAL COUNSEL TO PROVIDE GUIDANCE REGARDING THE RIGHTS AND OBLIGATIONS OF EACH PARTY, WHETHER CONTRACTUAL, STATUTORY OR OTHERWISE, IN ANY TRANSACTION CONTEMPLATED TO BE ENTERED INTO ON OR THROUGH THE SERVICE, AND THE APPROPRIATE DILIGENCE AND CONTRACTUAL STEPS TO CONSUMMATING ANY SUCH TRANSACTION.  

Discount Codes for Third Party LP Platform or Services, Apps, and related Products and Service

Listings Project works with its marketing partners to provide discount codes and offers to its users and paid members from time to time.

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.

Other LP Platforms and Your Contact With Advertisers or Other Third Parties

You should carefully review the privacy policies and terms and conditions of the third party websites you visit.

The LP Platform may contain third party Content about, and links to, third parties and their websites that are not owned or controlled by Listings Project.  We have no control over, and assumes no responsibility for the Content, privacy policies, or practices of any third party Content or websites or any of their Contents.  Some of the Content on our LP Platform may be embedded from third party websites or services, including without limitation, links to articles or press materials about us, and testimonials accessible through our LP Platform.  In addition, we will not and cannot censor or edit the Content of any third-party site.  By using our LP Platform, you expressly relieve Listings Project from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our LP Platform and to read the terms and conditions and privacy policy of each other website that you visit.

We are not responsible for the Content of any third-party LP Platforms --- even if they are linked to or from the LP Platform.  Links appearing on the LP Platform are for convenience only and are not an endorsement by us of the referenced Content or product.  We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the LP Platform, nor do we assume any responsibility or liability for the actions, Content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. 

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

Your dealings with advertisers or other third parties found on or accessible through the LP Platform are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement by Listings Project of Content, items, or services on those third-party LP Platforms.  Your access and use such LP Platforms, including the Content, items, or services on those LP Platforms, solely at your own risk.

Similarly, if you post information on a third-party platform that references the LP Platform (i.e. by using a hashtag associate with Listings Project in a tweet), your post may be published on our LP Platform in accordance with the terms of the third-party website or service.  Also, both Listings Project and the third-party may have access to certain information about you and your use of the LP Platform and the third-party LP Platform or service.

In addition, we may receive information about you if other users of a third-party website give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connection’s” web page, profile page, or similar page on a social networking or other third party web LP Platform or interactive service. The information we collect in connection with social features is subject to our Privacy Policy. The information collected and stored by the third party remains subject to the third-party's privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party web LP Platform or service. 

Listings Project does not make any representations or warranties with respect to any Content or privacy practices, or otherwise with respect to such third-parties or any items or services that may be obtained from such third-parties, and you agree that Listings Project will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third-party, or as a result of the presence of such third-parties on the LP Platform.

Content submitted by You

While Listings Project seeks to develop a community of trust and shared values, Listings Project cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Listings Project or its suppliers, or by Users of the LP Platform or Service.  We do not warrant that any Content available on the LP Platform or Service is reliable, current or error-free.   

You acknowledge and agree: 

You grant Listings Project and its affiliates the right to legally pursue any person or entity that violates any intellectual property rights in, or attributable to, your Content.

You also acknowledge and agree that: 

Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective user or other third party and not of Listings Project. Listings Project does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the LP Platform or Service.

While Listings Project may obtain and rely on some representations and warranties of its listers who are posting a paid listing, Listings Project does not have any legal obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through the LP Platform or Service.  As a general matter, we do not fact-check any user-generated Content, but we seek to be responsive to material complaints and address issues, in each case as we determine at our sole discretion.  

Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the LP Platform or Service, or by anyone who may be informed of any Content.

This LP Platform or Service may contain typographical errors or inaccuracies and may not be complete or current.  We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted), and to change or update information at any time without prior notice.  Please note that such errors, inaccuracies or omissions may relate to pricing and availability of products or services of advertisers on our LP Platform or Service, and we and our advertisers reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.  We apologize for any inconvenience.

Notwithstanding the foregoing, Listings Project will have the right (but not the obligation), in its sole discretion and for any reason, to edit, refuse to accept, remove or move any such Content.

Without prejudice to any other available remedies and pursuant to our regulatory obligations, we: 

Compliance with Laws

Users are solely responsible for review of, and are required to ensure compliance with, all laws, rules, ordinances, or regulations applicable in Users’ region, city and or state, including, but not limited to, those relating to financing, data and privacy, permits or license requirements, zoning ordinances, short-term occupancy restrictions, employment practices, safety, accessibility, anti-discrimination and fair housing laws, as applicable.  Listings Project is a social platform and online communal network for employment and real estate related activities.  Nonetheless, Listings Project is not party to any agreement entered by and between Users of said platform.  As such, Listings Project does not provide legal advice regarding the legality or viability of any contemplated use of its platform or services.  If Users have questions regarding the legality of a use and/or contemplated use, they are encouraged to visit the websites of the applicable state and local government agencies directly, or to consult a local lawyer or tax professional.  Although Listings Project is not party to any agreement entered through its platform, it reserves the right to review all listings, in its sole discretion, and to remove or revise the same for noncompliance with these Terms of Use, including, but not limited to, noncompliance with governmental laws, rules, ordinances and/or regulations that may apply to the same.  Listings Project further reserves the right, in its sole discretion, to provide information regarding any listing or Users of its platform to governmental bodies and third-parties in relation to investigations, litigations, and administrative proceedings. In accordance with these Terms of Use, and as set forth in greater detail therein, Users agree to (i) use the platform at their own risk, (ii) release Listings Project, and/or its agents and employees, from all claims for any damage or injury to the fullest extent permitted by law, and (iii) defend, indemnify, and hold harmless Listings Project (and the indemnified parties as defined in these Terms of Use) from any and all liability regarding Users use and participation in any activities on our LP Platform.

Refunds

We do not offer any refunds for the early cancellation of paid postings to us. Unless otherwise stated in our Refund Policy, We do not issue credits or refunds due to our extremely low rates and minimal administrative staff.

Privacy and Access to Contact Information and Content Uploaded by You

You acknowledge, consent, and agree that we may, in accordance with our Privacy Policy, access, preserve, and disclose your contact information and Content you upload, post, or otherwise make available on the Service if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State, or Local law or authorities (iii) enforce these Terms of Use; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property, or personal safety of us, our Users, and the public.

USE OF SERVICE AT YOUR OWN RISK AND OTHER DISCLAIMERS

BUYER BEWARE, DO YOUR OWN DUE DILIGENCE AND ACT AT YOUR OWN RISK WITHOUT RELYING ON LISTINGS PROJECT.  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK.  LISTINGS PROJECT WILL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON OR THROUGH THE SERVICE.    INDEED, THERE ARE MANY FRAUDULENT AND CRIMINAL ACTIVITIES AND WE HOPE TO TRY TO BUILD A COMMUNITY OF TRUST AND TRANSPARENCY, BUT THERE ARE MANY LIMITATIONS AS TO WHAT LISTINGS PROJECT CAN DO AND THE WATCHWORD FOR ALL OF OUR USERS IS “CAVEAT EMPTOR” (BUYER BEWARE).

YOU AGREE AND ACKNOWLEDGE THAT YOU NEED TO DO YOUR OWN DUE DILIGENCE, ASK QUESTIONS AND VERIFY AND CONFIRM STATEMENTS OR OTHER MATERIALS PROVIDED BY ANY THIRD PARTY, AND THAT EVEN WELL-INTENTIONED PARTIES CAN MAKE MISTAKES OR ACT CARELESSLY OR RECKLESSLY OR FAIL TO FORESEE PROBLEMS WHICH MAY ARISE THAT MY HAVE A MATERIAL AND ADVERSE IMPACT ON YOU AND OTHERS.  

WE ARE NOT A GURANTOR OF THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF ANY LISTING NOR THE ACTIONS OF ANYONE LISTING ANY OPPORTUNITY, RENTAL R OTHER SERVICE ON OUR SITE.   FOR EXAMPLE, WITH RESPECT TO LISTING OF AVAILABILITY OF ANY RENTALS, LISTINGS PROJECT NOT ABLE TO CONFIRM NOR GUARANTEE MANY RISKS OR UNCERTAINTIES, INCLUDING THE RIGHT OF A LISTER TO OBTAIN RENTAL INCOME FROM A SPECIFIC PROPERTY, THE CONDITION OF THE PROPERTY NOR THE RIGHT TO USE THE PROPERTY FOR ANY SPECIFIC INTENDED PURPOSE, NOR THE CONDUCT OF ANY PERSONS DECIDING TO RENT A PROPERTY.     

NO REPRESENTATIONS AND WARRANTIES.  

The LP Platform and all Content are provided “as is” without warranty of any kind and Listings Project (or its affiliates) disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any other user (whether registered or not with our LP Platform or Service) or third party; (ii) we do not warrant the performance or non-interruption of the LP Platform; and (iii) we do not warrant that verification, identity or background checks conducted on any listings or Users (if any) will identify past misconduct or prevent future misconduct.  Any references to a User or listing being "verified" (or similar language) indicate only that the User or listing or Listings Project (or its affiliates) has completed a relevant verification or identification process and nothing else.  The disclaimers in these Terms apply to the maximum extent permitted by law.  If you have statutory rights or warranties Listings Project (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

OUR DATA COULD BE INACCURATE, INCOMPLETE, WRONG OR INFECTED BY COMPUTER VIRUSES.   In addition, neither listings project, nor any of our affiliates, related parties, representatives, officers, employees or agents, makes any warranty or representation, express or implied that (a) our LP Platform, its Content, or any services or products obtained through our LP Platform or Service, will meet your requirements, (b) our LP Platform or the server that makes it available, or materials, software or Content available for download from our LP Platform or Service, are free of infection or viruses, worms, trojan horses, other code that manifests contaminating or destructive properties or other harmful components; (c) our LP Platform or Service will be reliable, uninterrupted, timely, secure (including free from unauthorized access), provide continuous storage or access, or error-free, (d) the results that may be obtained from the use of our LP Platform or Service will be accurate, complete or reliable, (e) the quality of any products, services, software, information, or other Content or material purchased or obtained by you through our LP Platform or Service will meet your needs or expectations, and (f) any information, defects or errors in our LP Platform or Service or software will be corrected.

You acknowledge and agree that any Content, material, and/or data downloaded or otherwise obtained through the use of our LP Platform or Service is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system, business or loss of data that results from the download of such Content, material and/or data or use of our LP Platform or Service.

ANY INFORMATION OR ADVICE FROM US IS UNRELIABLE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITE, DIRECTLY OR INDIRECTLY, WILL CREATE ANY WARRANTY.    PRIOR TO TAKING ANY ACTION OR OMITTING TO TAKE ANY ACTION, YOU ARE ADVISED TO SEEK GUIDANCE AND ADVICE FROM PROFESSIONALS AND EXPERTS, NOT FROM A WEBSITE.   

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

Neither Listings Project (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering products or services or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the LP Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the LP Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Listings Project has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Unless otherwise specified by the laws in the applicable jurisdiction, you agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the Service or LP Platform or this agreement may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.   Otherwise, such cause of action shall be permanently barred.   If you are dissatisfied with the site, termination of your use of the LP Platform or Service is your sole remedy.  

In no event will Listings Project’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, or your use of or inability to use the LP Platform, any Content, or any Host Service, exceed: (A) to anyone who has paid a fee to Listings Project, the total amount of fees you have paid to Listings Project in the twelve- (12-) months preceding the event giving rise to a claim, or (B) to anyone else, one hundred U.S. dollars (US$100).  These limitations of liability and damages are fundamental elements of the agreement between you and Listings Project. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

The limitations of liability set forth in these Terms (whether set forth under this header “Limitations of Liability” or elsewhere) reflects the allocation of risk between you and us.   Such limitations will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.  The limitations of liability inure to the benefit of Listing Project’s affiliates and agents acting in their official capacity, and their successors and assigns.  

Indemnity

To the maximum extent permitted by applicable law, you agree to release, defend (at Listings Project’s option), indemnify, and hold Listings Project (including other affiliates and any respective personnel of such affiliates or Listings Project) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or Privacy Policy or Membership Terms; (ii) your improper use of the Service or LP Platform; (iii) any actions taken by you or by any person authorized to use your e-mail account or computer system, including without limitation, disclosure of passwords or log-in credentials to third parties; (iii) your interaction with any User, booking or preparation (including travel, repairs, other reasonable measures taken in anticipation of, or alternative accommodation and arrangements relating to) for any rental, stay at any rental, participation in delivering or receiving any product or service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, third party product or services; (iv) your failure, or our failure at your direction, to accurately report, collect or remit taxes; (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights; and/or (vi) the infringement by you, or by any person authorized to use your e-mail account or computer system, including without limitation, disclosure of passwords to third parties, of any intellectual property or other right of any person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

In any event, our liability, and the aggregate liability of all indemnified parties, to you or any third party in any circumstance arising out of or in connection with the site or the service or the use of listings project’s products or services, whether or not we have been advised of the possibility of damages and notwithstanding any failure of essential purpose of any limited remedy, is limited to the total amount of fees you pay to us in the twelve- (12-) months preceding the event giving rise to the claim.

Unless otherwise specified by the laws in the applicable jurisdiction, you agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the website or this agreement may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.   Otherwise, such cause of action shall be permanently barred.   If you are dissatisfied with the site, termination of your use of the website is your sole remedy.  We have no other obligation, liability, or responsibility to you.

If you are dissatisfied with the Service, or any portion thereof, or do not agree with these Terms of Use, your only recourse and exclusive remedy will be to stop using the Service.  We have no other obligation, liability, or responsibility to you.

APPLICABLE LAW IN SOME JURISDICTIONS MEANS THAT SOME OF THE WARRANTIES EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.  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.

CALIFORNIA RESIDENTS.  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.”

Force Majeure

Listings Project shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, invasion, war, terrorism, riots, civil unrest, embargoes, naval blockage, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, bio-terrorism, “shelter in place” order or advisory, declaration of (and restrictions relating to) “essential” and “non-essential” businesses, flood, strikes, labor stoppages, slowdowns or other industrial disturbances, or shortages of transportation facilities, fuel, energy, labor or materials, whether or not such event or circumstances was foreseeable, and whether or not, Listings Project or any of its affiliates or personnel has been warned directly about such event or circumstance and had the opportunity to mitigate or limit the impact of such event or circumstances.

Jurisdiction and Choice of 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.  

Any action outside of the arbitration provision of these Terms of Use (the “Arbitration Agreement”), that you or any third party may bring to enforce these Terms of Use against us, or in connection with any matters related to the Service, the LP Platform or Listings Project, in each case, solely to the extent — or except as otherwise — expressly permitted by the Arbitration Agreement or through the arbitration initiated through the Arbitration Agreement, will be brought only in either the state or Federal courts located in the borough of Manhattan in New York, New York, and you expressly consent to the jurisdiction of said courts.  You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Dispute Resolution (Arbitration Agreement)

PLEASE READ THIS SECTION ENTITLED “DISPUTE RESOLUTION (ARBITRATION AGREEMENT)” (THE “ARBITRATION AGREEMENT”) 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 of Use, 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 Arbitration Agreement 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 Arbitration Agreement 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 of Use, 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 of Use, or any aspect of the relationship between you and Listings Project LLC as relates to these Terms of Use, 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 OF USE 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 the earlier of (a) you first used our Service or the LP Platform or (b) become a Member (whether a Free Community Member or a Premium Supporting Member),  in each case 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 P.O. BOX 231510, New York, NY 10023, 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 immediately preceding Section entitled “Jurisdiction and Choice of Law” above.

REJECTION OF FUTURE ARBITRATION CHANGES. You may reject any change we make to the Arbitration Agreement (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 P.O. BOX 231510, New York, NY 10023. If you do, the most recent version of the Arbitration Agreement 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 Arbitration Agreement, we both agree to the governing law and jurisdiction as set out in immediately preceding Section entitled “Jurisdiction and Choice of Law”  above.

General

These Terms of Use and our Privacy Policy, our Membership Terms, our Refund Policy, and our Community Agreements constitute the entire agreement between you and Listings Project and govern your use of the Service, superseding any prior agreements between you and Listings Project. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another website linked to by the Service. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Service.

Violations:

Please report any violations of these Terms of Use to: listings@listingsproject.com

Severance and Waiver:

You acknowledge and agree that if any provision of these Terms of Use will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us.

All terms hereof protective of Listings Project or its Users or any of respective explicitly intended third party beneficiaries will survive any termination including, without limitation, Disclaimers & Release, Limitation of Liability, Jurisdiction and Choice of Law and General.

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