Listing Llama Ltd. and its affiliates and subsidiaries (“Listing Llama”) owns and operates this website (this “Site”) to offer you, the user (“you” or the “User”) an online marketplace platform to connect real estate professionals (each a “Professional User”) and consumers looking to buy or sell real estate (each a “Consumer User”) and related online services (collectively, the “Services”). Such Services are facilitated through this Site and/or Listing Llama’s web application and all Users must make an account (the “Account”) to access the Services.
Personal information is any information that directly or indirectly identifies you. It does not include information that is publicly available, as defined by applicable laws.
The information collected by us depends upon whether you are a Professional User or Consumer Users.
Listing Llama may collect and store the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access this Site; and/or the Internet address of the website from which you linked directly to our website.
Information respecting device location is collected by the Site, if permission is granted by the User (“Location Information”). This is optional. The User can choose not to grant permission to access Location Information and still use other features of the Site. The User is entitled to turn off the collection of Location Information feature at any time.
Information about Consumer Users
When Consumer Users register for the Site and create an Account, they must provide their name, phone number and email address, as well as create a password to access their Account. Consumer Users who are looking to sell certain real estate are required to provide the address for the property and an approximately estimated value of the real estate. Consumer Users have the option, but are not obligated, to upload pictures of the real estate.
Information about Professional Users
When Professional Users register for the Site and make an Account, they must provide their name, license number, and email address, as well as create a password to access their Account. Professional Users must also agree to pay Listing Llama for the Services on a monthly basis and must provide a billing address and credit card information. The billing address and credit care information must be kept updated, as Listing Llama will use this information to invoice the marketing fee, if payable in your jurisdiction.
Professional Users may opt to upload additional information, including a biography and picture, as well as information about the services the Professional User offers and the locations and jurisdictions the Professional User operates.
Listing Llama may provide a forum for contact and comments, and some Users may choose to provide additional information. In order to facilitate this, Listing Llama may require certain personal information such as your name and contact information. Listing Llama may explain why this information is necessary, and you agree you have the option to either provide the information or not. Consumer Users may further choose to provide feedback on Professional Users including rating individual Professional Users.
Usage and Device Information
Certain information about how Users make use of the Site may also be collected. This includes:
How Consumer Users and Professional Users are using the Application, including people and links you interact with, as well as content you access or view and features you use. For example, we collect data related to which properties each Professional User views, and which Professional User profiles each Consumer User views.
Information respecting which Consumer Users connect with which Professional Users.
Log data that your browser sends whenever you visit a website or mobile application, including (as applicable) your Internet Protocol (IP) address, the address of the web page that you visited before using the Application, your browser type and settings, navigation history and pages requested, the date and time of your use of the Application, information about your browser configuration and plug-ins, language preferences and cookie data.
Information about the device that you are using the Application on, including what type of device it is, what operating system you are using, device settings, application IDs, unique device identifiers, device tokens, and crash data.
Protection of Personal Information
Listing Llama collects the personal information in order to facilitate and enhance the functioning of our Site and the Services. Listing Llama takes reasonable steps to ensure that personal data collected is reliable for its intended use, and is accurate, complete and current. Although Listing Llama uses appropriate technical, administrative and physical safeguards to protect data that pertains to Users from loss, misuse or alteration and takes reasonable steps to ensure that safeguards take into account any known threats, no organization can guarantee the absolute security of personal information and Users agree and understand and are aware that Internet transmissions, particularly email transmissions, are never 100% secure or error-free.
Consumer User Personal Information Uses
Property addresses and approximate estimated property values provided by Consumer Users are used to allow Professional Users to see the types of properties that Consumer Users have posted on the Site. The Consumer User’s name and contact information is not posted with the property address and value, and is only provided to a Professional User if the Consumer User elects to connect with that Professional User by accepting that Professional User’s bid (if any) for the provision of real estate professional services (the “Handshake”).
Property address may also be used by Listing Llama to determine which properties will be displayed to specific Professional Users, based on information provided by Professional Users.
Consumer User email addresses will also be used to notify Consumer Users of changes to the Site, service information (such as security and fraud notices), and information that may be relevant to them such as changes in market conditions. Consumer Users can choose not to receive email notifications, or can change their mind at any time by “unsubscribing” (except for service notices).
Additional information that Consumer Users chose to provide is used only for the purposes that it is collected. For example, information provided by Consumer Users who contact customer support will be used to respond the Consumer User’s questions or concerns.
Feedback will be used to assess Consumer User satisfaction with individual Professional Users, and may also be used to identify improper activities by any Professional Users. Ratings provided by Consumer Users may be reviewed and compiled to create an overall rating for each Professional User.
Professional User Personal Information
Professional User Personal Information is collected and used for the purpose of allowing Consumer Users to review the services that the Professional Users are offering, in order to make an informed decision about the Professional Users they want to connect with.
Identity information and license numbers provided by Professional Users are used to verify each Professional User’s identity and to confirm they are real estate professionals that are properly registered and licensed to sell real estate in the relevant jurisdiction. Listing Llama completes this verification by checking the information provided by the Professional User against publically available databases.
Listing Llama also uses Professional Users’ email addresses to contact the Professional Users, including to provide information respecting changes to the Site, service information (such as security and fraud notices), and notices of any new features added to the Site. Professional Users may choose not to receive such emails, or can change their mind at any time by “unsubscribing” (except for service notices).
Billing address and credit card information will be used by Listing Llama to process monthly membership payments, and for invoicing marketing fees (if applicable).
Third Party Websites
If the Site contains links to other third party websites, the owners of those sites are responsible for the privacy practices or content of those other sites. We do not endorse and will not be responsible for the privacy practices on any third party websites.
Your personal information may be accessed by or disclosed to Listing Llama’s employees and contractors, business partners, communications and marketing staff, Site development team, and service providers depending upon the information each requires to perform job duties and to optimize the Services and the Site.
Listing Llama does not authorize Professional Users to use Consumer Users’ information obtained by them through the Site for any purpose except to connect with the Consumer User and to bid for real estate professional services as contemplated by the Site and Services.
Listing Llama does not sell any Users’ personal information, or disclose it to any third party marketers. However, information may be shared or disclosed to third parties in the following circumstances:
Currently, the only service providers used by Listing Llama, who may have access to or possession of the personal information that we collect, store and process, are:
AWS (Amazon Web Services; and
Google Analytics for data analytics
Listing Llama may choose to use service providers in Canada or elsewhere. Personal information of Users may be stored outside Canada, and may be subject to foreign courts, law enforcement and national security authorities in the jurisdiction where it is transferred or stored. By providing Listing Llama with any personal information, Users understand and agree that such personal information may be transferred outside of Canada.
If Listing Llama engages any third party service providers to do work on the Site or the Services, Listing Llama requires such third parties to have substantially similar protection standards as those used by Listing Llama. Listing Llama further requires the third parties only use you information for uses that have been specifically authorized by Listing Llama prior to disclosure.
Business Transactions and Relationships
From time to time, Listing Llama may enter transactions to sell all or part of its Business or assets, merge with other businesses, or otherwise partner with other businesses. Certain information may be relevant to such transactions or relationships, in which case Listing Llama may disclose this information to other parties involved in the transaction or relationship.
Listing Llama may also be required to share personal information with third parties from time to time, without notice or consent, who have not been retained by Listing Llama, when required by law or lawful authority. For example, Listing Llama may be compelled by legal action to release information which includes court order, warrants, statutory reporting obligations, or bankruptcy or insolvency proceedings etc. Listing Llama may disclose personal information without consent to investigate a potential breach of law or contract, to collect on a debt, or in certain emergency situations that threaten the life, health or security of an individual.
Retention of Personal Information
Listing Llama Corporation
#905 – 1631 Dickson Avenue
Kelowna, BC V1Y 4B6
Attention: “Legal Counsel”
Updated: February 8, 2019
IF YOU ARE UNDER THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU ARE RESIDENT (I.E., IF YOU ARE A MINOR), OR IF YOU DO NOT AGREE TO BE FULLY BOUND BY THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE OR LISTING LLAMA’S SERVICES.
About the Services. The Site and the Services allow Users who are seeking real property representation as a prospective buyer and/or seller (each a “Consumer User”) to connect through the Site with Users who are real estate professionals (each a “Professional User”) for the purpose of providing real estate agency and/or listing services (the “Professional Services”). The Services and Site allow Consumer Users and Professional Users to connect only for the purpose of forming contact with one another, and Users are themselves responsible for contracting for Professional Services.
LISTING LLAMA DOES NOT PROVIDE OR PERFORM ANY PROFESSIONAL SERVICES. WE DO NOT ENDORSE, RECOMMEND OR OTHERWISE KNOW THE TERMS OF ANY AGREEMENT BETWEEN A CONSUMER USER AND A PROFESSIONAL USER. WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE OF PROFESSIONAL SERVICES, AND DO WE DO NOT HAVE CONTROL OVER OR OTHWERWISE MONITOR THE QUALITY, PROVISION OR FAILURE TO PROVIDE, OR ANY ASPECT WHATSOEVER RELATING TO THE PROVISION OF PROFESSIONAL SERVICES RELATED, DIRECTLY OR INDIRECTLY, TO THE SITE OR THE SERVICES. LISTING LLAMA IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS CREATED OR PERFORMED BY THE PROFESSIONAL USERS, ANY REAL ESTATE PROFESSIONALS, AND/OR ANY THIRD PARTY.
DISCLAIMER: THE SITE, SERVICES AND THE CONTENT (HEREINAFTER DEFINED) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. LISTING LLAMA DOES NOT MAKE AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION, IMPLIED WARRANTIES OF QUALITY, ACCURACY, USEFULNESS, SECURITY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY AND ALL INFORMATION CONTAINED OR REFERENCED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OR THAT THIS SITE WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. LISTING LLAMA EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE ANY INFORMATION ON THIS SITE. LISTING LLAMA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, SECURITY, AVAILABILITY, OR COMPATIBILITY, OF THIS SITE.
Amendments to this Agreement: Users agree that Listing Llama reserves the right to amend, revise, change, modify, add, or delete portions of this Agreement in our sole discretion from time to time without further notice. Listing llama will post the latest version of this Agreement on the Site in the same place that you are reading this (or from which we will link to the latest version), and we will indicate at the bottom of this page the date of the latest update to this Agreement. Your continued use of the Site and the Services constitutes acceptance of any changes, modifications, additions or deletions. If you do not agree to abide by this or any future version of the Agreement, do not use or access the Services or the Site. It is each User’s responsibility to regularly check this page to determine if there have been changes to this Agreement and to review such changes.
Services and/or Site Modifications: Listing Llama reserves the right at any time and from time to time to perform maintenance on, to add to, to remove from, to make upgrades and updates to, to suspend, and to modify or discontinue the Site or the Services or any part thereof with or without notice to Users. NOTWITHSTANDING ANY PROVISION HEREIN, YOU AGREE THAT WE WILL NOT BE LIABLE IN ANY MANNER TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MAINTENANCE, ADDITION, REMOVAL, UPGRADE, UPDATE, SUSPENSION OR MODIFICATION.
Listing Llama is not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any site or Site, or combination thereof.
Account: Users must register for the Services through the Site by creating an account (the “Account”). Users are responsible for any and all use of the Account, including any action that takes place using your Account by any person or automated process. Users are solely responsible for maintaining the confidentiality and security of the password to the Account, and immediately notifying Listing Llama of any unauthorized use of the Account.
Upon creating an Account or otherwise requesting any Services, you must provide Listing Llama with true, accurate, current and complete information about yourself as prompted by any registration forms, as well as any other information provided to Listing Llama (collectively, the “Information”). You agree to maintain and update the Information from time to time, and will ensure it is true, accurate, current and complete at all times.
Users are solely, and Listing Llama is not, responsible for the accuracy and reliability of all account information, including information Users may learn about other users through the services. If Listing Llama decides it is necessary in its sole discretion, Listing Llama may independently verify or ask you for proof of any Information. If you are unable to provide proof, Listing Llama reserves the right, at its sole discretion, to suspend or terminate your registration and/or Account, or otherwise suspend or limit your access to any Services. At no time does Listing Llama have any obligation to confirm the accuracy or reliability of Information, and is not responsible for any failure to verify or confirm any Information.
By creating or using an Account, you signify that you are of the age of majority and that you have all rights in connection with the Professional Services being requested, including in respect of any real estate, properties or other premises that are the subject thereof. You may not use the Services if you do not meet these conditions. You may register on behalf of a corporate entity; however you acknowledge and agree that by registering for an Account in such a capacity, you are authorized to enter into this Agreement on behalf of, and bind that entity to, this Agreement.
Consumer Users: When signing up for an Account as a Consumer User, you are solely responsible for confirming the accuracy of all Information provided, including details relating to the property or properties in question, your own personal information, and any related details. By providing such information, you represent and warrant that you have all legal right, title and interest right to request such Professional Services, including, for example, to grant the successful Professional User access and information needed to perform the Professional Services. You understand and agree that the Professional Users that participate on the Site are not employees of Listing Llama.
Professional Users: All Professional Users must be currently registered and in good standing with your respective real estate board and must belong to a reputable real estate brokerage in Canada. When signing up for an Account as a Professional User, you will have separate processes and agreements that you need complete in order to complete the registration of your Account. By providing any information or completing the registration process, you represent and warrant that you have all legal right, title and interest to provide Professional Services in connection with the subject premises, including, for example, by complying with all regulatory and licensing requirements in connection therewith.
Payment for Professional User’s Membership: We accept the following credit cards at this time: Visa, MasterCard or American Express (the “Payment Method”). Each Professional User (or “you” as referenced in this section) will automatically be charged each month (the “Membership Fee”) for their Account and use of the Services (the “Professional Membership”). The Professional Membership will continue month-to-month until cancelled. Further, unless a Professional User cancels his or her Professional Membership prior to the 15th day of the month of the then-current monthly Professional Membership subscription period, you’re the Professional Membership will automatically be renewed and charged for an additional month.
For Professional Users’ convenience and continuous Professional Membership, if the payment method reaches its expiration date, and the Professional User does not edit the credit card information, the Professional User authorizes Listing Llama (and its third party payment service, if any) to continue billing that credit card listed on file, including extending the expiration date, until Listing Llama is notified by the Professional User or the credit card company that the credit card is no longer valid. Listing Llama encourages Professional Users to constantly update payment method information or to cancel the Professional Membership to discontinue your Account and subscription for the Services if desired.
At times, Listing Llama may use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Listing Llama the right to store and process your information with the third party payment service, which may change from time to time; you agree that Listing Llama will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is attached as a link at https://stripe.com/ca/privacy. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Billing and Cancellation of Professional User’s Membership:
Billing Cycle. The Membership Fee for the Professional Membership and any other charges you may incur in connection with your use of the service, such as taxes, will be charged on a monthly basis to your Payment Method commencing on the date the Professional User Account is created (or at the end of any free trial period) on a pro rata basis, and then subsequently on the first calendar day of each month after the commencement of the paying portion of your Professional Membership. Listing Llama may authorize the Payment Method in anticipation of the Membership Fee or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you create an Account for Professional Membership. In some instances, your available balance or credit limit may be reduced to reflect the authorization during a free trial period (if any).
Payment Methods. To use the Listing Llama service, you must provide one or more Payment Methods. You can update your Payment Methods by going to the "My Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your Professional Membership in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Professional Membership, we may suspend your access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You authorize Listing Llama to use and store any credit card information submitted by you or updated credit card information submitted by your credit card company directly to Listing Llama. If you dispute any charges, you must inform Listing Llama within thirty (30) days upon receipt of Listing Llama's invoice. We reserve the right to change Listing Llama’s prices and/or fees. Your continued use of the Listing Llama Services after the price change becomes effective constitutes your agreement to pay the changed amount.
Listing Llama may, from time to time, partner with certain third-party payment services (e.g., Masterpass, Visa Checkout, or PayPal, etc.)(each, a "Payment Service") to make the payment process more efficient and streamlined. If any Professional User chooses to use a Payment Service on this Site, the Professional User authorizes Listing Llama to receive and store the payment information associated with use of such Payment Service and to use such payment information in connection with the purchase of the Professional Account and for the automatic monthly Membership Fee.
Cancellation. You can cancel your Professional Account at any time, and you will continue to have access to your Account through the end of your monthly billing period. If the cancellation notice is received by Listing Llama 14 days (inclusive of holidays and weekends) prior to the next billing cycle, the next month will not be billed. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods. To cancel, go to the "My Account" page and follow the instructions for cancellation. If you cancel your Professional Membership, your Account will automatically close at the end of your current billing period. If you signed up for Listing Llama and provided a third party as a Payment Method (if allowed by Listing Llama from time to time) and wish to cancel your Professional Membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Professional Membership through that third party. You may also find billing information about your Professional Membership by visiting your account with the applicable third party.
Sales Taxes. For provinces imposing sales or use taxes, your purchase of services may be subject to use tax unless it is specifically exempt from taxation. Your purchase of services is not exempt merely because it is made over the Internet or by other remote means. Many provinces require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in provinces even if Listing Llama does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
Listing Llama may not be required by law to collect sales and/or use taxes in all provinces. However, Listing Llama reserves the right to collect sales tax in any jurisdictions if it believes that such collection is required by law.
CONSUMER USERS MAKE CONTACT WITH PROFESSIONAL USERS AT THEIR SOLE DIRECTION. CONSUMER USERS CONTRACT DIRECTLY WITH THE PROFESSIONAL USERS FOR THE PROFESSIONAL SERVICES. LISTING LLAMA IS NOT A PARTY TO ANY AGREEMENTS OR CONTRACTS FOR ANY PROFESSIONAL SERVICES. AS PART OF USING THE SERVICES OR REGISTERING FOR AN ACCOUNT, PROFESSIONAL USERS AGREE TO PAY CERTAIN FEES TO LISTING LLAMA IN CONNECTION WITH THE SERVICES. NONE OF THE SERVICES, OR ANY PROCESSES OR PAYMENTS BY PROFESSIONAL USERS, MAKE LISTING LLAMA RESPONSIBLE FOR THE VERACITY OR RELIABILITY OF ANY USERS’ INFORMATION, CONTENT OR ANY PROFESSIONAL SERVICES.
Listing Llama makes no guarantees regarding the provision of Professional Services or including but not limited to the quality, workmanship, timeliness, integrity, ability or skills of Professional Users or the Professional Services Professional User’s purport to provide. While Listing Llama attempts to verify Professional User’s accounts, LISTING LLAMA DOES NOT WARRANT OR GUARANTEE ANY PROFESSIONAL USER’S PROFESSIONAL ACCREDITATION, REGISTRATION, CERTIFICATION, LICENSE, INSURANCE, BOND, OR OTHER REGULATORY STATUS IN CONNECTION WITH PROFESSIONAL SERVICES.
Grant of License: Listing Llama grants to Users a limited, non-exclusive, non-transferable, revocable license to you to use the Site for its lawful and intended purposes, subject to the terms and conditions of this Agreement. Users are expressly prohibited from using the Site outside of the uses provided in this Agreement.
Listing Llama reserves all rights in and to the Site not expressly granted to you under this Agreement and you only have a limited license to use the Site to access the Services in accordance with this Agreement. Users agree to adhere to any terms of any third party app store, mobile software platform, payment platform, or other third party services provided in connection with your use of the Site or the Services.
Content, Copyright and Proprietary Rights. All articles, materials, texts, notes, messages, postings, illustrations, graphics, designs, images, photographs, information, audio or video clips, ratings software and codes available on the Site (the “Content”), including the manner in which the Content is presented, are protected by Canadian law, including copyright law, and belong to Listing Llama. All software integrated in or found on the Site, including, in particular, any type of code, including all of the files and/or images contained in or generated by such software, is protected by copyright and may be protected by other laws. All such software belongs to Listing Llama, its affiliates or licensors. You shall not: (i) use, copy, modify, adapt, translate, download or transmit all or any part of the software; (ii) sell, lease, license or assign the software or otherwise allow access thereto; (iii) modify, remove or cover any trade-mark or proprietary notice included in the software; (iv) decompile, disassemble, decrypt, extract, reverse engineer or re-create the Site, its components, or something similar to the Site including, in particular, the software, or help anyone do so. Use of the Content and materials for any purpose not expressly permitted in this Agreement is prohibited.
Trademarks. “Listing Llama”, the Listing Llama logo and design, and all other trademarks, service marks, logos, designs, graphics, icons etc. used by Listing Llama on or in connection with the Services or the Site are registered trademarks, trademarks or trade dress of Listing Llama or its licensors. Users are hereby prohibited from using the marks without the prior consent of Listing Llama, whether as part of trademarks, trade names, trade dress or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
User Content. Users, or any person making use of an Account, are permitted to copy, submit, transmit, or otherwise disseminate and distribute certain content (collectively, your “User Content”), and Listing Llama does not claim ownership over any User Content. By creating or otherwise providing any User Content, Users hereby acknowledge and accept that Listing Llama reserves the right to refuse to display or transmit any User Content, in its sole discretion, and Users grant Listing Llama the worldwide, royalty-free, non-exclusive right and license to use, distribute, disseminate, reproduce, modify, and display such User Content as permitted by the operations of the Services and the Site (the “User License”), so long as: the User License is limited to the purposes of the Services; the User License includes the right to sublicense to third party service providers for the sole purposes of the Services and at all times in accordance with this Agreement; and the User License will end at a commercially reasonable period after such User Content is removed from the Services by the User, and Listing Llama will cease to use User Content except as permitted.
You further confirm that no User Content contains any libelous, defamatory, hateful, abusive, or otherwise unlawful material, and you hereby agree to indemnify Listing Llama and hold Listing Llama harmless from any claims, losses, damages or expenses incurred by Listing Llama in respect of any third party claims that your User Content infringes on any other person’s rights (including all of the rights set out above). Without limiting that, THE USER, AND NOT LISTING LLAMA, ASSUMES FULL RESPONSIBILITY FOR ALL OF THE USER CONTENT, INCLUDING IF A THIRD PARTY SUES LISTING LLAMA.
LISTING LLAMA IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR YOUR USER CONTENT, ANY OTHER USER’S USER CONTENT, OR THIRD PARTY CONTENT, WHETHER OR NOT AVAILABLE THROUGH THE SERVICES, THE SITE OR OTHER USERS. Listing Llama does not control and is not responsible for our Users’ actions (on the Site or otherwise) and are not responsible for any User Content you may encounter on the Services or throughout the Site. Notwithstanding anything else in this Agreement, Listing Llama has no responsibility to monitor any User Content or third party content.
NOTWITHSTANDING THE FOREGOING, WE ARE ENTITLED TO MODIFY, ANONYMIZE OR AGGREGATE YOUR USER CONTENT, SUCH THAT IT NO LONGER IDENTIFIES YOU AS AN INDIVIDUAL, AND CONTINUE TO USE IT FOR ANY PURPOSE, BOTH DURING AND EVEN AFTER YOU USE THE SERVICES OR THE SITE.
Services Content: All Content that is otherwise stored on, made available, or transmitted through the Services or the Site other than your own User Content, including the Services and the Site, all other Users’ Content, any Content made available by Listing Llama or any third party (collectively, the “Services Content ”) is the proprietary property of Listing Llama or our licensors, including our Users, with all rights reserved, and Listing Llama (or, as applicable, our licensors, including our Users) retain and shall retain all right, interest and title in and to all Services Content.
Feedback. The User Content does not include any feedback, questions, comments, complaints, suggestions, ideas, or other information about the Services, the Site or other Services Content that you provide to us, all of which will be non-confidential and without limiting that Listing Llama will be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Third Party Sites. This Site may contain links to other websites on the internet (the “Third Party Sites”). You acknowledge that we have no control over such Third Party Sites and that we are not responsible for the accuracy, content, legality or any other aspect of any Third Party Sites. In no event shall any reference to any third party, Third Party Sites, or third party product or service be construed as an approval or endorsement by Listing Llama of that third party, Third Party Site, or of any product or service provided by any third party or Third Party Site. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site. Further, we are in no way responsible for references to or representations, endorsements, reviews, recommendations or sponsorship of the Services or any Users on any Third Party Sites.
The Opportunities Process:
The following terms and conditions apply to Users that participate in the bidding process for the Professional Services (the “Opportunity Process”):
A bid to provide Professional Services is proposed by a Professional User to a Consumer User (the “Bid”). The Bid is only an expression of interest, and is not binding unless and until it is accepted by a Consumer User. The Consumer User is entitled to ignore, decline, or accept a Bid. By accepting the Bid, the Consumer User agrees to work with that Professional User to the exclusivity of other Professional User’s Bids (the “Acceptance”). Upon the Acceptance, the Professional User is responsible for reviewing and executing either a Listing Agreement or a Buyer Representation Agreement (as applicable) with the Consumer User, at which point the parties are contractually bound to complete any obligations thereunder.
Consumer Users acknowledge and agree that:
you are not a real estate professional;
if applicable, you are the owner, or an authorized agent of an owner, of the real estate that you list through our Site and wish to sell (the “Listing”);
you have provided a complete and accurate Listing and/or request to purchase real property (“Request”) (as applicable);
Listing Llama may contact you to verify your Listing and/or Request details;
Listing Llama is entitled to provide your accurate contact information to the Professional User of the Acceptance;
Listing Llama is not intended to solicit parties under an exclusive contract with a brokerage; and
The payment and remittance of taxes, if applicable, is your sole responsibility, and Listing Llama recommends that you take advice from your accounting, finance or tax professional. Listing Llama is not responsible for any taxes owed or any other income issues you come across as a result of using the Services.
Professional Users acknowledge and agree that:
Listing Llama is not intended to solicit parties under an exclusive contract with a brokerage.
Professional Users are solely responsible for carefully reviewing the contents of any Listing or Request prior to submitting a Bid on such Listing or Purchase Request;
Listing Llama does not guarantee that any of your Bids will be accepted by any Consumer Users;
Upon the Acceptance, you will contact the Consumer User within twenty-four (24) hours of receiving notification of the Acceptance;
Professional Users agree to honor the rate that has been expressed in the Bid; and
if you have an Acceptance, you will pay the Listing Llama’s advertising service fee (if you are in a jurisdiction where this is payable) to Listing Llama upon the completion date of the Agreement of Purchase and Sale (“Firm Deal”).
The payment and remittance of taxes, if applicable, is your sole responsibility, and Listing Llama recommends that you take advice from your accounting, finance or tax professional. Listing Llama is not responsible for any taxes owed or any other income issues you come across as a result of using the Services.
You are strictly prohibited from any use of the Site, the Services, or the Content other than as specifically authorized in this Agreement, without our prior written permission. Notwithstanding anything provided in this Agreement, you agree that you will not:
download, copy, reproduce, republish, or use the Site or any source code, the Services or the Content for commercial use, resale or republication (other than commercial uses explicitly authorized by Listing Llama);
modify the Site in any way or use the Site outside of its customary and intended purpose;
request or use any portion of the Services or the Professional Services that would violate, any applicable local, provincial, national or international law or regulation or otherwise encourage or facilitate illegal activity;
use the Site or the Services arrange independent professional services independent of the Professional Services offered, as a way to circumvent Listing Llama’s fees or for any other reason;
use any robot or data mining tool with respect to the Site, the Services, or the Content;
register for more than one Account;
gain or attempt to gain unauthorized access to the Services, Site,
Consumer Users must not use the Services to market for Professional Services without an actual intention to find and retain the services a Professional User, or without intent to pay for Professional Services once retained on terms that are agreed to between you and the Professional User.
Professional Users must not bid or communicate with Consumer Users regarding requests for Professional Services unless the Professional User is competent and licensed and authorized to do so (within the appropriate jurisdiction), and must not make a Bid without an intention to complete on the proposed Bid.
Termination. Users may terminate the Account at any time by deleting the User’s Account. Listing Llama reserves the right, in its sole discretion, to suspend, restrict, or terminate any User’s access to this Site or the Services, for any reason and at any time without notice, including, but not limited to, violation of this Agreement.
User Disputes and Release. The Services are a venue for connecting Consumer Users with Professional Users. We are not involved or responsible for any contact between Users or in the provision of Professional Services. Users are solely responsible for interactions with other Users. If any User has a dispute with another User or User, the User is responsible for resolving such dispute. YOU IRREVOCABLY RELEASE LISTING LLAMA FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, DIRECT OR INDIRECT ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR ARISING FROM SUCH DISPUTES.
Limitations on Liability: IN NO EVENT WILL LISTING LLAMA BE LIABLE TO USERS OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, AND WHETHER DIRECT OR INDIRECT, FOR ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SITES), EVEN IF LISTING LLAMA IS AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Agency. Users hereby acknowledge and agree that no joint venture, employment, partnership, or agency relationship exists between Users and Listing Llama as a result of this Agreement or Users’ use of the Services.
Copyright, Intellectual Property and Content Complaints. If you believe that any Services Content infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Site, you may send a written notification to our designated agent for complaints: by e-mail to: firstname.lastname@example.org or by regular mail to the Attention of Copyright, IP, and Content Complaints, at #905 - 1631 Dickson Avenue, Kelowna, British Columbia V4V 2K6.
Governing Law; Venue and Jurisdiction . We care about addressing your concerns in an informal and efficient manner. For any dispute you have with Listing Llama regarding the Services or the Site, you may contact Listing Llama and attempt in good faith to resolve the dispute informally by reporting the dispute to our customer service online at any time by emailing email@example.com You agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the City of Kelowna, in the Province of British Columbia with respect to any dispute hereunder.
International Access. This Website may be accessed from countries other than Canada. This Site and the Services may contain Services or references to Services that are only available within Canada. Any such references do not imply that such Services will be made available outside Canada. If you access and use this Website outside Canada you are responsible for complying with any local laws and regulations of the relevant jurisdiction.
No Class Actions. To the extent permitted by applicable law, you and Listing Llama hereby agree and acknowledge that:
we may only resolve disputes on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, purported class, consolidated, or representative action; and
the extent permitted by applicable law, any dispute may not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim. No amendment of this provision will affect Users who entered into the Agreement such amendment unless expressly acknowledged in writing by the relevant User.
Indemnity. YOU ARE FULLY RESPONSIBLE FOR YOUR ACTIONS AND INTERACTIONS WITH OTHER USERS. YOU AGREE TO RELEASE, INDEMNIFY AND HOLD LISTING LLAMA HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN CONNECTION WITH: its use of your User Content; your use of the Services or the Site that violates this Agreement, any law, or any right of any third party; and any interactions, disputes or controversies that arise between you and other Users.
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE LIMITATIONS, EXCLUSIONS AND INDEMNIFICATIONS CONTAINED IN THIS AGREEMENT ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES, AND THAT BUT FOR THESE LIMITATIONS AND EXCLUSIONS LISTING LLAMA WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
Application: this Agreement constitutes the entire agreement between Users and Listing Llama regarding the use of the Site and the Services, superseding any prior agreements between Users and Listing Llama relating to use of the Site and the Services, and all other Content. Failure of Listing Llama to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision and no waiver of such right or provision shall be deemed a further or continuing waiver of such right or provision. If a court of competent jurisdiction finds any provision of this Agreement to be void, invalid or unenforceable, the parties hereto nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and the other provisions of this Agreement shall remain in full force and effect. Other than for Professional Users, who may have specific agreements signed or authorized by Listing Llama in addition to this Agreement, this Agreements represents the entire understanding relating to the use of this Site and prevails over any prior or contemporaneous, conflicting, or additional, communications, understandings, or agreements (including, but not limited to, any prior versions of this Agreement). If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect. This Agreement shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.