Terms and Conditions of Use

By utilizing the Listing Booster service (“Listing Booster Service”), you (both “Agent” and “Lender” or any third party working on behalf of Agent and Lender) are agreeing to be bound by these “Terms and Conditions of Use”, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable federal and state laws. Should you not agree with any portion of the Terms or become discontent with the Listing Booster Service in any way, your only recourse is to discontinue use of the Listing Booster Service.

Listing Booster's services include, but are not limited to:

Marketing of real estate listings, real estate agents, agencies, brokers, mortgage lenders, banks, brokers, loan officers, mortgage loans, mortgage loan products included on but not limited to dedicated property websites, virtual tours, mobile device pages, mobile applications, property text messaging, social media, print flyers, electronic open house registers, consumer follow up campaigns, etc.

Indemnification:

You agree to hold harmless and indemnify Listing Booster, other Listing Booster users, clients, any third party entity related to Listing Booster (including, without limitation, third party vendors), and Listing Booster's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and cosubsidiaries with the same parent company as Listing Booster, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of your Content, your use of Listing Booster Service, your connection to Listing Booster Service, your violation of the Terms, or your violation of any rights of another.

Content:

You understand that all imported listings, messages, verbiage, images, photos, video, sounds, blog entries or other materials posted on, transmitted through, or linked from Listing Booster Service, are the sole responsibility of the person from whom such content ("Content") originated. Specifically, you are entirely responsible for all Content that you post, email or otherwise make available via Listing Booster Service. You agree to not use Listing Booster Service to: upload or otherwise transmit any Content that is knowingly inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable harm minors in any way; impersonate any person or entity. You understand that Listing Booster does not control, and is not responsible for Content made available through Listing Booster Service, and that by using Listing Booster Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that Listing Booster does not prescreen or approve Content, but that Listing Booster shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via Listing Booster Service, for violating the Terms or for any other reason. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Listing Booster be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the service.

Third Party Sites:

Listing Booster makes available resources to “Agent” and “Lender” to distribute content such as but not limited to property websites and virtual tours to third party sites which Listing Booster has no control. It’s solely the responsibility of both Agent and Lender of the Content distributed to third party sites. Distributing content from Listing Booster Service is done at your own risk and Listing Booster is not responsible for the accuracy of Content distributed.

Disclaimer of Warranties:

You expressly agree and understand that your use of the Listing Booster Service is at your OWN risk. Listing Booster disclaims all warranties of any kind, whether implied or expressed, including but not limited to implied warranties and merchantability for a particular purpose and noninfringement. Listing Booster makes no warranty that the Listing Booster Service will always meet your requirements; the Listing Booster service will be uninterrupted, secure, accurate, or free of errors. All materials used or downloaded from Listing Booster Service is done at your own discretion and risk and that only you are responsible for any damage to your computer system or loss of data that results from downloading or using any material from Listing Booster Service. No written or oral advice or information given from Listing Booster Service will create any warranty not stated in these terms.

Changes, Updates, and Interruption of Service:

Listing Booster reserves the right at any time to make updates, changes and temporarily interrupt services to make said updates and changes without notice. This includes modifying, discontinuing content and previously existing feature of Listing Booster Service both temporarily and permanently. You agree that Listing Booster shall not be liable to you or to any other party for any modification or discontinuance of any facet of Listing Booster Service.

Listing Booster Account Software Licenses:

Lender is paying for Lender's master account license and to carry and maintain 100 lender cobranded Agent account software licenses at $1.97 each per month. Once Lender gives ONE account software license to Agent, Agent should reimburse Lender for Agent's share of the $1.97 monthly cost Lender is paying to carry Agent's ONE license to remain in compliance with RESPA's Regulation X Section 3500.14 as Agent's individual lender cobranded account software license could be deemed a "thing of value". Please see "Refund Policy" section.

Listing Booster Service Termination:

You agree that Listing Booster, in its discretion, may terminate your account, removing ALL content and complete use of Listing Booster Service for any reason, including, without limitation, lack of payment by you or your cosponsoring lender or if Listing Booster believes that you have violated or acted inconsistently with the “Terms”. Listing Booster may also in its discretion and at any time discontinue providing Listing Booster Service, or any part thereof, with or without notice. You agree that any termination of your access to Listing Booster Service under any provision of Terms may be carried out without prior notice, and acknowledge and agree that Listing Booster may immediately deactivate or delete your account and all related Content, graphics, photos, and files. Furthermore, you agree that Listing Booster shall not be liable to you or any thirdparty for any termination of your access to Listing Booster Service.

Lender Cancellations:

All monthly recurring subscriptions will automatically renew until it is cancelled. Cancellations MUST be done in writing via email to desk@listingbooster.com ten (10) days before next recurring payment is due to avoid being charged for the following month. When a Lender account is cancelled or suspended, all Agent accounts under Lender account will be cancelled also. Listing Booster reserves the right to cancel any Lender account, at any time, without notice, for any reason Listing Booster considers appropriate.

Agent Cancellations:

Agent understands that once its cosponsoring Lender account is cancelled for any reason likewise its account will be cancelled. Agent understands that this can occur at any time and that any monies passed from Agent to Lender to share in marketing expenses will not be refunded (*see Refund Policy below). Listing Booster and the previous cosponsoring Lender will not be responsible for any materials lost including but not limited to Content, images, files, property websites, virtual tours, texting codes, mobile device tours. Agent may voluntarily cancel its account by contacting its cosponsoring Lender to cancel Agent account. If cosponsoring Lender is not responsive Agent may contact Listing Booster for account cancellation at desk@listingbooster.com at any time. Listing Booster is not responsible to Lender for any Agent account removals. Listing Booster reserves the right to cancel any Agent account, at any time, without notice, for any reason Listing Booster considers appropriate.

Refund Policy:

Refunds will be only be given to Lender in the event of an error in billing. Agent understands that any monies given to Lender to share as reimbursement for its portion of marketing costs in compliance of Regulation X Section 3500.14 is nonrefundable.

Policies and Pricing:

Listing Booster's policies are subject to change without notice. Listing Booster reserves the right to make price changes and in the event of price changes Lender will be given 30 days’ notice before price changes are in effect.

Copyright:

All content included on this site and the Listing Booster system, such as verbiage, logos, graphics, videos, audio, downloads, and software, is the property of Listings Booster and/or its Agent and Lender clients and protected by US and international copyright laws. The compilation of all content on this site is the exclusive property of Listing Booster. All code and software used on the site and within the inner workings of the Listing Booster system is protected by United States and international copyright laws.

Trademarks:

The Listing Booster name and logo are trademarks of Electrik Eye Enterprises Corp. Other Listing Booster graphics, content are trade dress of Electrik Eye Enterprises Corp. Listing Booster trade dress may not be used in connection with any product or service that is not related to Listing Booster. All other logos and trademarks including but not limited to real estate broker and mortgage company logos, slogans, verbiage, photos, and head shot photos not owned by Listing Booster or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or clients of Listing Booster.