Terms & Conditions

Effective: October 14, 2018

PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR ACCESS AND USE OF THIS WEBSITE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY LOG OFF OF THE WEBSITE.

Scope of These Terms of Service

These Terms of Service apply to your use of the ListingProps.com website and the Listing Props web application services (each, a "Service" and collectively, the "Services"), which is owned and operated by Further South LLC. a South Carolina Limited Liability Corporation referred to herein as "this Site," "this Application," "www.listingprops.com," or "Listing Props." These Terms of Service do not apply to your use of unaffiliated websites of any other companies, organizations or individuals or to which this Site links, ("Other Sites").

General Terms

Account: An Account is created when an individual, company, or other entity, or any representative of such, signs up with an email address and password (see User ID).

Application: The Listing Props single property website service.

Content: Anything provided by or through Further South, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, informational text, documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof.

Purchase: The process of buying a single property website through Listing Props.

Services: The Listing Props platform/application (and all features therein), that enables you to create, publish, and A/B test customizable landing pages and other websites.

Site: The Listing Props single property website service hosted at https://listingprops.com and all subsequent pages hosted on the domain.

User ID: User ID is a combination of your email address and password.

User: A customer who has created an account with Listing Props with an established User ID.

Acceptance of These Terms of Service

In order to use this Site or this Application you must first agree to these Terms of Service. You may not use this Site or this Application if you do not agree to these Terms of Service. By using this Site or this Application, you agree to be bound to these Terms of Service. ListingProps.com and Further South, its subsidiaries, partners, members, Agents, business affiliates and suppliers ("we" "us" or "our") make the information and services provided on this Site and through this Application available to you, conditioned on your acceptance without modification of these terms, conditions and notices.

Users of the ListingProps.com website or the Listing Props web application accept these Terms of Service by using the Site. You understand and agree that we will treat your use of the Site as acceptance of these Terms of Service from that point forward. You agree that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and/or your organization.

We are not responsible for the availability of any other site to which this Site or this Application links. We do not take responsibility for the contents, advertising, products, privacy policies or other material made available through any other site nor do we endorse other sites. Please direct your concerns to that other site’s webmaster or appropriate contact.

Intellectual Property Rights Ownership and Notification

Unless otherwise noted, all right, title and interest in all information including, but not limited to, screens, texts, Web pages, or other materials (collectively "Content") appearing in and on this Site or in this Application are the exclusive property of Further South or its suppliers or licensors. All Content, information, products, services, and software ("Content") contained on or used in this Site or this Application is copyrighted, all rights reserved, and the ownership of the copyrights herein shall at all times remain vested in Further South, unless otherwise noted. Further South shall have the right to license any Content, subject to its stated Privacy Policy, contained in, or collected on, this Site or this Application to any entity pursuant to terms agreed upon by Further South. All Content on this Site or this Application, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by Further South or by third party Content providers (collectively "Providers"), that have licensed their Content or the right to market their products and/or services to Further South. Content on this Site or this Application or content controlled by the Providers is provided solely for your personal, non-commercial use. Such unauthorized use of the Content is considered theft and will be prosecuted.

Feeds and Application Programming Interface (API)

Listing Props provides access to portions of this Site or this Application via RSS feeds. Such access constitutes use of this Site or this Application. You may not use these or any other features or this Site or this Application itself to allow the display of a substantial portion of the Listing Props database or reproduce, duplicate or copy this Site or this Application. Listing Props reserves the right to change these features at any time and to disable access to the feeds at any time for any reason.

Use Restrictions

By using this Site or this Application you warrant to ListingProps.com and Further South that you will not use this Site or this Application for any unlawful purpose or any use prohibited pursuant to these Terms of Service. Your violation of any of these prohibitions automatically terminates your right to use this Site or this Application and you are on notice that we intend to pursue our legal remedies for any violation.

You may not modify, alter, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, including, but not limited to software, products or services obtained from this Site or this Application.

User Identification

To access the Listing Props web application you have been given a User ID (a combination of your email address and password). You shall treat your User ID as private, confidential and personal and shall safeguard and maintain their confidentiality. You are entirely responsible for all activities that occur under your account. You agree to notify ListingProps.com immediately of any unauthorized use of your account or any other breach of security. Use by any other person or entity shall be considered theft. ListingProps.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You shall be liable for any consequences that may result from unauthorized disclosure of your Username and Password, whether intentional, negligent or inadvertent, including but not limited to immediate termination of your Listing Props membership. This obligation to maintain confidentiality shall survive the termination of this Agreement.

Forums, Chat Areas, Blogs and/or Other Message or Communication Services

ListingProps.com may provide Forums, Chat Areas, Blogs, and/or Message or Communication Services, collectively known as "Communication Services," which are designed to enable you to communicate with others.

You acknowledge that the Communication Services are for public and not private communications, and that you have no expectation of privacy with regard to any submission to a public forum. We cannot guarantee the security of any information you disclose through any of these Communication Services; you make such disclosures at your own risk. To post comments to our blog posts you are required to provide your name and an email address. You must provide ListingProps.com with current, complete and accurate information as prompted by the comment form.

You agree to use the Communication Services only to post, send and receive messages, and material that are proper and, when applicable, related to the particular Communication Service. You agree that when using the Communication Services you will not: Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. You agree to pay for all royalties, fees, and other monies owed to any person or entity by reason of any Content posted by you on or through the Communication Services.

Use any material or information, including images or photographs, which are made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party. You agree to pay for all royalties, fees, and other monies owed to any person or entity by reason of any Content posted by you on or through the Communication Services.

Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the property of another.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages or they have been previously approved in writing by us.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including email addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Service or other user or usage information or any portion thereof.

ListingProps.com and Further South does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting your materials you are granting ListingProps.com and Further South permission to use your materials in connection with the operation of our Internet business, including, without limitation, the license rights to: Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials; and to publish your name and country of residence in connection with your materials.

No compensation will be paid with respect to the use of your materials, as provided herein. ListingProps.com and Further South are under no obligation to post or use any materials you may provide and may remove any materials at any time in its sole discretion.

ListingProps.com and Further South are not responsible for, and do not endorse the opinions, advice or recommendations posted or sent by users in any Communication Service and we specifically disclaim any and all liability in connection therewith.

You are and shall remain solely responsible for the Content that you distribute on or through any Communication Service under your name or otherwise by you and for the consequences of submitting and posting the same. ListingProps.com and Further South have no obligation to monitor the Communication Services. However, ListingProps.com and Further South reserves the right to review materials posted to the Communication Services and to remove, edit, move or close any topic or any materials in its sole discretion. ListingProps.com and Further South reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

ListingProps.com and Further South cannot and does not assure that other users are or will be complying with this section or any other provisions of these Terms of Service, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

ListingProps.com and Further South shall not be held responsible for any attempt that may lead to the Communication Service data being compromised.

Third Party Applications

This Site may employ the use of third party applications such as:

Your use of these third party applications is subject to their respective Terms of Service and other policies.

Liability Disclaimer

You use this Site or this Application at your own risk. Your use of the Content provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, CIRCUMSTANTIAL OR AFTER CIRCUMSTANTIAL PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR THIS APPLICATION, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS SITE OR THIS APPLICATION OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION OR CONTENT, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE OR THIS APPLICATION, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR THIS APPLICATION OR RELATED INFORMATION, RECORDS OR PROGRAMS.

Warranty Disclaimer

You expressly understand and agree that this Site or this Application and the information and Content available through this Site or this Application are provided on an "as is" "as available" basis. ListingProps.com does not warrant that this Site or this Application will be uninterrupted or error-free, and ListingProps.com makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information or Content available through the Site or this Application. ListingProps.com expressly disclaims any and all warranties of any kind with respect to the Site or this Application and the information or Content available through the Site or this Application, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose. This Site or this Application and the information available through this Site or this Application are always subject to change. Nothing on this Site or this Application is intended to be, or is to be construed, as legal advice. If you have legal questions please contact your legal counsel.

Changes to the Site or Application

ListingProps.com may make changes or improvements to the Content, information, services, products or other materials on this Site or this Application at any time without notice.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail what we do in our Privacy Policy. Please read it.

Termination

Listing Props reserves the right to terminate or restrict your access to the Service if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.

Responsibility of Contributors

If you operate a Listing Props property site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

By submitting Content to Listing Props for inclusion on your Website, you grant Listing Props a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Property Site. If you delete Content, Listing Props will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Listing Props has the right (though not the obligation) to, in Listing Props’ sole discretion (i) refuse or remove any content that, in Listing Props’ reasonable opinion, violates any Listing Props policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Listing Props’ sole discretion. Listing Props will have no obligation to provide a refund of any amounts previously paid.

All information that you provide to Listing Props, the Site, or through the Services is true and accurate, and you will maintain that information up-to-date. You will provide us with whatever proof of identity we may reasonably request. You will keep secure and confidential your account password or any identification we provide you which allows access to the Site.

Jurisdictional Issues

We operate and control our Site and this Application from our offices in the United States of America. We do not represent that materials on this Site or this Application are appropriate for use in other locations. Persons who access this Site or this Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The parties agree to use the alternative dispute resolution procedure set forth herein as the sole means of resolving any disputes arising out of this Agreement and the rights and obligations of the parties hereunder. The parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly and initially between the parties by negotiation. If a dispute is not resolved by negotiation, the parties agree to participate in at least four (4) hours of mediation in accordance with the mediation procedures established by the mediation services provider chosen by the parties IN CHARLESTON COUNTY, SC. The parties agree that their participation in mediation is a condition precedent to any party pursuing any other available remedy in relation to the dispute. Any party to the dispute may give written Notice to the other parties of their desire to commence mediation and a mediation session must take place within thirty (30) days after the date such Notice is given. The parties agree to equally share the cost of the mediation which costs shall not include costs incurred by a party for representation by counsel at the mediation. In the event the dispute is not resolved by mediation, the parties agree to arbitrate the dispute in accordance with the rules, processes and procedures of the American Arbitration Association office located in CHARLESTON COUNTY, SC and if there is none, such other mutually agreeable arbitration service located in CHARLESTON COUNTY, SC. All parties shall share the costs of the arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award or fails to comply with the arbitrator’s award the other parties are entitled to costs of suit, including reasonable attorney’s fees for having to compel arbitration or defend or enforce the award.

Payment

General: Each User agrees to pay all applicable fees for Services and fees at the point of booking as set forth on the Site. All Fees are payable in U.S. Dollars unless otherwise specified. Except as otherwise expressly set forth herein or as expressly approved by Listing Props in writing in its sole discretion, all payments made are final and non-refundable and the User shall not have the right to cancel its purchase for any reason. If you make a payment by credit card or other payment instrument, you represent and warrant to Listing Props that such information is true and that you are authorized to use such payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Listing Props the amount that is specified on the Site for Fees and in accordance with the terms of such fees and purchases and this Terms of Service.

Payment: Payment processing services for Users on Listing Props are provided by Stripe and are subject to the Stripe Connected Account Agreement (https://stripe.com/us/connect-account/legal), which includes the Stripe Terms of Service (https://stripe.com/us/legal - collectively, the "Stripe Services Agreement"). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a User on Listing Props, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Listing Props enabling payment processing services through Stripe, you agree to provide Listing Props accurate and complete information about you and your business, and you authorize Listing Props to share it and transaction information related to your use of the payment processing services provided by Stripe.

Cancellation/Refund Policy: User understands that payment authorization and/or subscriptions will remain in effect until cancelled in writing, and agrees to notify Listing Props in writing of any changes in account information or termination of this authorization at least 15 days prior to the next billing date. If the noted payment dates fall on a weekend or holiday, User understands that the payments may be executed on the next business day. In the case of a transaction being rejected for Non Sufficient Funds (NSF) User understands that Company may at its discretion attempt to process the charge again within 30 days, and agree to an additional $5.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. User acknowledges that the plan will continue to auto-renew unless explicitly requested otherwise in writing; this includes changes from annual to monthly subscription tiers, or vice versa, or cancellation. With any annual subscription plans, User is committing to a 12 (twelve) month contract from the purchase date, and there are no refunds. Subscription cancellations will take effect the next billing period, according to proper cancellation procedure. No retroactive refunds will be given with any subscription packages. User acknowledges that the origination of transactions to the account must comply with the provisions of U.S. law. User certifies that he/she/they is an authorized user of the given credit card (or preferred payment method) and will not dispute these scheduled transactions with the bank or credit card company.

Custom Domain Names

Custom domain names may be purchased through the Listing Props application. User acknowledges that Further South owns purchased domain names. Domain names are valid for one year from their purchase date. User also acknowledges responsibility to renew domain names as necessary - otherwise the domain names may expire.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the state of South Carolina without regard to conflict of law principles, thereof, and be limited to the exclusive jurisdiction and venue of the state or federal courts located in CHARLESTON COUNTY, SC and shall benefit and be binding upon the parties hereto and their respective successors and assigns.

If any of these Terms of Service are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

This is the entire Agreement between you and us governing your access to, dealings with, and use of this Site or this Application.

Any failure by ListingProps.com or Further South to assert any rights it may have under this agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.

This Agreement may be modified only by our posting of changes to these Terms of Service. Any inquiries regarding these Terms of Service should be directed to [email protected].

Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate or intimidate other users of our Website. You may not use the Company’s Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our Website, Company will suspend your account or usage as applicable.

Electronic Communication: When you visit our Website or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company or its software suppliers and protected by United States and international copyright laws.

Trademarks: Listing Props or www.listingprops.com and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

Your Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Disclaimer of Warranties and Limitation of Liability: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law: By visiting our website, you agree that the laws of the State of South Carolina, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Company.

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