Terms and Conditions of Use Revised February 14, 2020
By registering a User ID and Password and initiating service with WebListers by completing the registration form and agreeing to pay the monthly fee and a one-time account setup fee. Our current fee schedule is set forth here: https://www.weblisters.com/account/fee-schedule/leasehub.cfm (the Member must be logged in to access the fee schedule). You become a LeaseHub Member, are authorized to utilize the WebListers Site, and are granted the limited license described below. WebListers agrees to give Members a thirty (30) day notice if a price change occurs.
LeaseHub Pro. LeaseHub Pro memberships include all of the features and benefits of the standard LeaseHub membership plus additional benefits and features, such as SMS messaging, call tracking, email tracking, and others. New features and benefits are typically first available, and often exclusively, to LeaseHub Pro members.
LeaseHub Lite. LeaseHub Lite memberships include limited features and benefits in comparison of those offered to LeaseHub members. The fees for LeaseHub Lite memberships shall be paid annually. In order to qualify for the LeaseHub Lite membership, the total number of apartment units must be 49 or less. If there are 50 or more units, You do not qualify for a LeaseHub Lite membership and must sign up for a full LeaseHub or LeaseHub Pro membership. LeaseHub Lite memberships do not include unit specific ads, custom designed ads, video ads, custom theme ads, custom theme call-to-action photos, printable postcards, featured flyers or auto-posting to thierd-party sites. The future release of new features may or may not be included for LeaseHub Lite memberships.
Payments. Members can cancel membership at any time by providing thirty (30) days' notice emailed to firstname.lastname@example.org or may send a written request to 3245 University Ave #1625, San Diego, CA 92104. Members agree to pay for any and all purchases and services made through the WebListers Site, and to pay for any and all late fees, bank fees associated with bad checks, collections and/or attorney's fees resulting from any non-payment. WebListers will begin to bill Members for service no later than two (2) weeks following registration, or after Members have completed training, whichever comes first. Invoices are sent to Members via email and on some occasions by fax. If the Member chooses to use a thirt-party vendor for payment processing, WebListers will not be responsible for any additional fees. Optional mailing through the USPS is available for an additional charge per each mailed invoice. Our current fee schedule is set forth here: https://www.weblisters.com/account/fee-schedule/leasehub.cfm (the Member must be logged in to access the fee schedule). Any past due mailed invoices will also be charged per mailed invoice.
If a Member's account becomes sixty (60) days past due or more, account access will be suspended. If an account is suspended due to a past due balance, the Member will not be able to access the WebListers Site until their account is no longer past due. Suspended accounts will continue to accrue charges and may be terminated at any time. If an account has 6 months of invoices with no payments the account will automatically be cancelled while we proceed to collect on the open invoices. These invoices are still subject to late fees.
Billing for product upgrades or downgrades will be reflected on the 1st of the following month and will not be prorated.
Telephone, SMS and Email Services
LeaseHub Pro includes optional services to utilize telephone and SMS capabilities. These services utilize Generated Telephone Numbers for the use of call and SMS tracking services among others such as call recording. You agree to use these services in compliance with the Telephone Consumer Protection Act and all applicable state and federal laws. Telephone, SMS and email services are provided to facilitate direct communication with Your prospective clients and are not provided as a means of unsolicited marketing campaigns.
Generated Telephone Numbers. You understand and agree that You will have use of the Generated Telephone Number(s) that are provided under the WebListers services only until the end of the Term. You understand and agree that WebListers is the customer of record for all telephone number(s) provided as part of the services and, therefore, WebListers has certain rights with respect to porting of the number(s) ("Porting" is causing or attempting to cause number(s) to be transferred, switched, or otherwise moved to any other service provider, telephone carrier, or any other person or entity). As the customer of record for the telephone number(s), WebListers owns the telephone number(s) leased to You. WebListers reserves the right to refuse to port any telephone number(s) in its sole discretion.
You understand and agree that WebListers may need to change the telephone number(s) assigned to You. You agree that WebListers will not be liable for damages (including consequential or special damages) arising out of any such change in the telephone number(s) assigned to You and You hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if WebListers has been advised of the possibility of damages.
Recorded Call Terms and Conditions. Call recording, transcribing, monitoring, analyzing, and archiving under the services is part of an optional, add-on product feature made available by WebListers, which may include, without limitation, the reporting and archiving of analytics, personal, and non-personal data related to such Calls (collectively, the "Recorded Call Services"). WebListers Telephone provides an optional feature that allows You to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state. You are responsible for applying the local laws in the relevant jurisdiction when using this feature, and hereby agree to be bound by the Recorded Call Terms and Conditions set forth below. Member shall determine in advance, in its sole discretion without reliance on WebListers, whether the use of the Recorded Call Services is appropriate and legal in the context of Member's use and implementation thereof. Member may always elect not to use or to cease use of the Recorded Call Services. These additional Recorded Call Services Terms and Conditions shall apply automatically in the event that Member elects at any time during the Term to use any or all Recorded Call Services made available by WebListers or otherwise activates any such Recorded Call Services, whether directly or indirectly. In connection with the Recorded Call Services, Member acknowledges and agrees that: (a) calls placed using the Generated Telephone Numbers and related services (collectively, "Calls") may be recorded, transcribed, monitored, analyzed, and archived; (b) Member has the sole responsibility to advise all callers to Generated Telephone Numbers as well as, if applicable, all Call Receivers (as defined below) prior to any commencement of a Call with Member or others that each Call is subject to recording, transcription, monitoring, archiving and any other relevant details and required notices (the "Recorded Call Notice"); (c) Member has the sole responsibility to implement or effect such Recorded Call Notice, whether using available product functionality or other means to ensure that the each Call receives a Recorded Call Notice in an appropriate and legally compliant manner; and (d) Member has the sole responsibility for any Recorded Call Notice used in connection with any Calls and its compliance with applicable state and federal laws and regulations; (e) any sample or default pre-recorded notices or messages made available by WebListers within the Recorded Call Services, whether at request of Member or not, are for illustration purposes only; and (f) WebListers makes no representations or warranties with respect to any use of any Recorded Call Notice by Member or any other party (and no separate communication shall be deemed to supersede this acknowledgement and agreement). In the event the Recorded Call Notice requires a revision in order to comply with applicable law, then Member shall promptly notify WebListers in writing of that fact, proposing the exact language that Member requires to comply with the applicable laws and regulations. Member represents and warrants that it shall use the Recorded Call Services (and any data acquired in connection therewith) in full compliance with all applicable state and federal laws and regulations and that it has established proper procedures to protect the privacy of all callers and call recipients in connection with the Recorded Call Services, and otherwise fully comply with all applicable laws, regulations, and governmental or commonly accepted self-regulatory guidelines. To the extent that applicable laws and regulations may require that Member provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls recorded by the Recorded Call Service (the "Call Receivers"), Member agrees, acknowledges, represents, and warrants, that it will provide and/or obtain all requisite notices, consents, and permissions relating to Call Receivers, as required by applicable laws and regulations. Member further represents, and warrants that its use of the Recorded Call Services is for "quality assurance" and "Member service" purposes only. The Recorded Call Services are an optional part of advertising and marketing services provided for the purposes of assisting property owners to measure results in connection with leasing properties. Member is solely responsible for, and WebListers shall have no liability with respect to, without limitation: (a) the legality of recording, transcribing, monitoring, analyzing, archiving and/or disclosing the contents of telephone calls or caller/call recipient identification; (b) the legality of the language used in any Recorded Call Notice; and (c) the legality of any use, handling, retention and disclosure of Member Data acquired as a result of the use of any Recorded Call Services hereunder.
User ID and Passwords
If You register a User ID and Password using the WebListers Site, become a Member, or provide certain information via the WebListers Site, You agree to complete the registration, or other process provided by the WebListers Site, by providing current, complete, and accurate information as requested by all forms generated by the WebListers Site. You may not provide any false or fraudulent information to WebListers to gain access to the WebListers Site, register a User ID or Password, or to become a Member.
Members are responsible for safeguarding any password that are used to access any areas of the WebListers Site. Members agree to avoid disclosing passwords to any third party and that only Member and Member's employees are granted access to User ID(s) and Password(s). Members agree to take sole responsibility for any activities or actions under Member's User ID(s) and Password(s), whether or not Member has authorized such activities or actions. Member will immediately notify WebListers of any unauthorized use of Member's User ID(s) and Password(s). You may change Your password at any time using the WebListers Site.
Intellectual Property and License
All right, title, and interest in and to all advertisements, templates, analytics data, logic, design, and software (including object and source code), content, text, images, and other materials on the WebListers Site are either owned or licensed by us, and are protected by International copyright, trademark, and other laws and treaties. ALL RIGHTS ARE RESERVED.
If You are not a Member, You hereby agree that You shall not: (a) republish material from the WebListers Site; (b) sell, rent or otherwise sub-license material from the WebListers Site; (c) reproduce, duplicate, copy or otherwise exploit material on the WebListers Site for a commercial purpose; (d) edit or otherwise modify any material on the WebListers Site; (e) redistribute material from the WebListers Site; or (f) copy or modify the HTML or other software code provided by the WebListers Site.
The WebListers Site can be used to generate content, such as, but not limited to, "Call to Action Photos", "PDF Flyers", "Postcards", "WebFlyers" and other materials that are created for the Member to use for advertising purposes. The Member may publish these materials on other websites and publications, however, this material is exclusively owned by WebListers and the Member must be in good standing in order to continue to publish and use these materials. The Member agrees that if their account has been terminated, canceled, or suspended they will no longer publish any materials generated from the WebListers Site.
You grant WebListers a fully-paid, royalty-free, perpetual, irrevocable, worldwide non-exclusive right and license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display, Your content (in whole or in part) for purposes of operating and providing the WebListers Site to You. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You agree that You, not WebListers, are responsible for all of Your content that You make available on or in the WebListers Site.
Other Language Advertisements
WebListers provides an optional Other Language advertisement feature that Members may activate at any time. By using this feature, Member's current advertisement will require translation. WebListers may translate the advertisement for a fee, or You may have the advertisement may be translated prior to submitting to the WebListers Site. If Member chooses to have its advertisement translated by WebListers, a one-time fee for full translation and setup will apply. If Member requests to update its advertisement to an additional language, an additional fee will apply for translation of the advertisement into each additional language. Our current fee schedule is set forth here: https://www.weblisters.com/account/fee-schedule/leasehub.cfm (the Member must be logged in to access the fee schedule). The translation fee cannot be waived. To begin the process, simply contact Your initial sales representative, or email email@example.com.
WebListers obtains and generates web site usage analytics related to the advertisements WebListers provides Members. Analytics are organized into a report that can be viewed in real time through the WebListers Site, and in weekly or monthly emailed reports.
No Unlawful or Prohibited Use
As a condition of Your use of the WebListers Site, or becoming a registered Member, You warrant that You will comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the WebListers Site and any related activities. Specifically, it is Member's responsibility to abide by the Fair Housing Act. The Federal Fair Housing Act makes it is illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination." You hereby grant WebListers the right and license to access, use, distribute, reproduce Your advertisements (including advertisement You post on third party sites) for purposes of compiling these analytics.
As a condition of Your use of the WebListers Site, or becoming a registered Member, You warrant that Your use of the WebListers Site and the advertisements that You create using the WebListers Site will not violate any agreement You have with a third party or any third party rights.
Links and Posting to Third-Party Websites
The WebListers Site may contain links to websites operated by parties other than WebListers. Such links are provided for reference only. WebListers does not control such websites and is not responsible for their content. WebListers' inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. If You decide to access any of the third party sites linked to the WebListers Site, You do so entirely at Your own risk.
At its discretion, WebListers may submit Members' advertisements and information to a third-party web site. WebListers does not guarantee the posting of this information on these sites.
You and Members acknowledge that scheduled maintenance and errors within third party systems may impact the availability and accuracy of Information provided by the WebListers Site. You and Members agree that WebListers shall not be responsible or liable for the availability or accuracy of Information provided by the WebListers Site. You and Members also agree that WebListers is not liable for services affected by third party websites, services, or resources and is under no obligation to provide proration of fees based on such maintenance, errors, or affected third party sites.
Although WebListers has attempted to provide accurate information on the WebListers Site, WebListers assumes no responsibility for the accuracy of the information. All information provided on the WebListers Site is provided "as is" with all faults without warranty of any kind, either express or implied. WebListers hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title, and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
Limitation on Liability
Neither WebListers, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the WebListers Site, or damages from the use of or reliance on the information present on the WebListers Site, even if WebListers has been advised of the possibility of such damages.
Members represent, warrant and agree that: (i) Member has a valid listing agreement with the owner of the property provided by WebListers generated advertisements; (ii) WebListers generated advertisements shall contain valid property address including street address, city and state; (iii) WebListers generated advertisements shall contain valid contact information of the listing agent, property manager, or landlord, including company name, address and phone number or email; (iv) Members either own or have acquired all necessary rights in the trademarks, logos, brand name, copyrightable works, and other intellectual property works that appear in WebListers generated advertisements; (v) Members are and will remain duly licensed in good standing in the state in which its principal office is located; and (vi) Members agree to terminate the WebListers account should they cease to be licensed to conduct real estate brokerage activities and in good standing.
Member agrees that all content posted to the WebListers Site is Member's sole responsibility. Member agrees that WebListers will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content Member posts to the WebListers Site ("Content"). You agree to evaluate and bear all risks associated with the posting or use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Some Content You post on the WebListers Site is not edited by WebListers or its clients and, as such, cannot be so attributed.
Modification of the WebListers Site
Processing Personally Identifiable Information ("PII")
WebListers may collect, store and analyze PII, such as, but not limited to, weblogs, IP addresses, names, email addresses, phone numbers, and other consumer PII on Your behalf for the specific business purposes for which You have retained WebListers services. WebListers is obligated under this agreement to not sell or disclose this PII collected on Your behalf to any third party.
The PII that WebListers collects and uses is solely related our own business purposes, operational needs, such as, but not limited to, auditing, detecting security incidents, fulfilling orders and transactions, processing payments, facilitating communication between You and Your prospective clients (consumers) and providing analytical reports for Your use. As a processor of PII, WebListers will not retain, use or disclose the PII collected on Your behalf through our services for any purpose other than providing services to You. You acknowledge that WebListers may be obligated under the law to delete a consumer's PII collected on Your behalf if it is requested. PII that You collect through WebListers Site and services may bind You to certain obligations such as allowing consumers to Opt-Out of selling their PII, nondiscrimination policies and other requirements. WebListers will honor any valid consumer requests to remove consumer PII from our systems and databases. You agree that You will comply with all appliciable privacy laws, such as the California Consumer Privacy Act, or other similar laws.
Because WebListers provides advertising for a variety of WebListers Site users (who may or may not be registered Members), in the event that You have a dispute with one or more WebListers Site users, You release WebListers, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If You are a California resident, You waive California Civil Code §1542, which says: "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" or any similar release, if You are not a California resident.
Services Not Provided
WebListers is not part of any real estate company and does not provide real estate services. Information provided by the WebListers Site is not intended to be and does not constitute real estate advice or services, the practice of law, tax advice or services, investment or financial advice or services, or accounting advice or services. Because the WebListers Site is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from Your real estate agent, insurance provider, legal counsel, accountant, financial advisor, or tax consultant qualified in the applicable subject matter and jurisdictions.
You and Members hereby agree to indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) harmless from any cost, liability, charge, penalties, liquidated damages, settlements, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of Your or Member's use of the WebListers Site, breach of this Agreement, or violation of any law or the rights of a third party, or incurred by us as a result of default under this Agreement.
Default and Remedies
Without limiting any other provision in this Agreement, in the event Members default under this Agreement, including without limitation, by failing to pay us the specified monthly fees when due, we have the right to terminate the membership and Member's service.
Resolution of Disputes
If a dispute arises between You or Members and WebListers, our goal is to provide You or Members with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You, Members and WebListers agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as WebListers and You or Members otherwise agree in writing. Before resorting to these alternatives, we strongly encourage You and Members to first contact us directly to seek a resolution by contacting us at firstname.lastname@example.org or call us at 800-784-2155. WebListers will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. You and Members agree that any Claim or dispute You or Members may have against WebListers must be resolved by a court located in San Diego, California, except as otherwise selected by WebListers as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Diego, California, for the purpose of litigating all such Claims or disputes.
- Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief), WebListers may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event WebListers elects arbitration, WebListers shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims. All Claims You or Members bring against WebListers must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should You or Members file a Claim contrary to the Resolution of Disputes Section, WebListers may recover attorneys' fees and costs, provided that WebListers has notified You in writing of the improperly filed Claim, and You have failed to promptly withdraw the Claim.
Except as explicitly stated otherwise, notices should be sent to:WebListers, Inc.
3245 University Ave, Suite 1625
San Diego, CA 92104
and notices to Members will be sent to the email address You provide to WebListers during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.