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Terms of Use

Welcome to ListZero by ListZero L.L.C. By using ListZero’s sites (all properties, mobile, web or otherwise), related data, and/or related services (collectively “Services”), you agree to be bound by the following terms of use :

  1. Personal Use. You agree to use the Services for your personal use. Commercial use is strictly limited to transactions done on your own behalf. Real estate and lending professionals may provide information to consumers via the Services or, where authorized, take actions on behalf of a consumer client (e.g., post a home for sale). Lending professionals and institutions are otherwise prohibited from using the Services as the basis for making any loan-related decisions. You may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, decompile, disassemble or reverse engineer any portion of the Services.
  2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
    1. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms ListZero, its service providers, suppliers or any other user. These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites.
    2. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from ListZero. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
    3. Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use.
    4. Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html .
    5. .Calls. The Services may provide phone numbers that can connect you with ListZero, its service providers, or other third parties, such as real estate agents and mortgage brokers. Some of the numbers listed may be routed through a third party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to ListZero or through a Calling Service, you consent to such recording and monitoring. ListZero will treat recorded calls in accordance with its Privacy Policy.
  3. Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to ListZero in connection with the Services (your “Submission”), you grant ListZero an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. ListZero will not pay you for your Submission. ListZero may remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant ListZero the rights in this paragraph and that the Submission complies with Section 2(a) above. You may not share your ListZero user account with others. You are responsible for all actions taken via your account. ListZero will treat your use of the Services in accordance with its Privacy Policy. Certain ListZero functionalities may involve the distribution of your Submission to third party Web sites over which ListZero has no control. ListZero is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.
  4. Advertising. Listzero’s business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Listzero may serve advertisements based on the information we collect from you or in relation to your interaction on our site.
  5. Operation of Services:
    1. .ListZero Market. ListZero allows you to provide anonymous information to real estate professionals, banks, lenders, originators, loan brokers and their employees (collectively, the Professionals) to request quotes. Professionals may elect to respond to your request with non-binding customized quotes. These non-binding quotes are not intended to be Good Faith Estimates. If you choose to contact a Professional through ListZero’s market by filling out a contact request form on ListZero, you authorize ListZero to provide your name and contact information to the Professional you choose, along with your quote request. By submitting your name and contact information, your identity will no longer be anonymous and Professionals may contact you directly. Any business conducted is between you and the Professional.
    2. The Role of ListZero; Disclaimer. As defined above, ListZero is not a professional and does not make loans, etc. ListZero does not endorse or recommend the products of any particular Professional. ListZero does not guarantee any specific terms and/or conditions offered to you by a Professional will be granted to you, or that you will be offered any type of term and/or condition by a Professional. ListZero is not an agent of either you or any Professional. ListZero is only providing an administrative service to you and participating Professionals. ListZero assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the Services.
    3. .Participating Professionals. The Professionals participating on ListZero are solely responsible for their services to you. You agree that ListZero shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the ListZero Web site or the services offered by Professionals. ListZero is not responsible for any errors or delays caused by you or any Professionals in any transaction. ListZero reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Professional.
    4. Privacy. ListZero will not provide personally identifying information about you to any Professional without your consent. However, ListZero may use such information to improve the relevance of advertising shown to you. Please consult the Privacy Policy for more information.
  6. Linked Materials. The Services include links to third-party products, services and Web sites. ListZero does not endorse, and takes no responsibility for such products, services, and Web sites.
  7. Claims of Copyright Infringement. ListZero respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify ListZero in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
    1. Identification of the copyrighted work that you claim has been infringed;
    2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that ListZero can locate it;
    3. Your address, telephone number, and, if available, e-mail address, so that ListZero may contact you about your complaint; and
    4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

    Notices of copyright infringement claims should be sent as follows:

    By mail:

    ListZero

    355 W 3575 S Nibley, UT 84321

    Attention: Copyright

    By e-mail: ??????@listzero.com

    If you give notice of copyright infringement by text e-mail, ListZero may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

  8. Intellectual Property. The Services are the property of ListZero, and subject to the intellectual property rights of ListZero and its licensors. ©2013 ListZero. All rights reserved. ListZerio is a trademark and/or registered trademarks of ListZero in the United States and/or other countries. You may not use any of ListZero’s trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners.
  9. NO WARRANTY. LISTZERO PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTZERO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LISTZERO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
  10. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL LISTZERO OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST LISTZERO OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
  11. Real Estate Licenses. ListZero is NOT a licensed real estate broker in the state of Utah, and does not broker real estate transactions. ListZero does not act as a real estate agent for you or any other user.
  12. Changes; Discontinuance. ListZero reserves the right to change these Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. ListZero may suspend or discontinue the Services at any time to you and/or to others, without notice.
  13. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Utah, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Cache County, Utah for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
  14. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. ListZero may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. ListZero's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and ListZero with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and ListZero with respect to the Services.
  15. Refund Policy. All transactions are final for the month that they are entered. Transactions are set to renew each month automatically. Canceling ads can be done at any time by editing your account and removing the paid advertisement. Please contact us for concerns.

Updated June 2013.