1. Customer Responsibilities. In providing Local Pro Plus Realty, LLC (“LocalProPlus” or “LPP”) with information, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, NONCOMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the website and Services is not a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever.
2. Prices and Availability May Vary. Prices may vary by geography or sales channel (e.g., telephone orders or Internet orders) and are subject to change. Accordingly, check your order confirmation for the pricing of the services/products you purchased. In addition, prices may vary by plan depending on specials, discounts, or rebates that may be in effect at any given time. Some or all plans listed may not be available in all areas. Please contact us for details on pricing and availability in your area.
3. Third-Party Services. Any dealings or communications you have through LocalProPlus with any party other than LocalProPlus are solely between you and that third party. For example, LocalProPlus may refer you to conduct transactions with third parties or purchase goods or services from third parties. YOU UNDERSTAND, ACKNOWLEGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL LOCALPROPLUS HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be forwarded directly to the third party. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOU HAVE PURCHASED A SERVICE THROUGH A THIRD PARTY. LOCAL PRO PLUS DOES NOT GUARANTEE THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTY.
4. Consent to Email Communications from LocalProPlus, Affiliates, and Third Parties. From time to time, we may send you email announcements or correspondence. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON LOCALPROPLUS, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING SUCH EMAIL.
5. User-Provided Information and Content. By providing information to and communicating with LocalProPlus, you represent and warrant: (1) you own or otherwise have all necessary rights to any content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; and (4) you have all necessary rights, title, and interests in any property to be sold. Using a name other than your own legal name is prohibited.
For all such information and material, you grant LocalProPlus, its affiliates and related entities (including classifiedventures.com and other Tribune Company affiliates, as well as all third-party affiliates/partners) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all Tribune Company affiliated websites, as well as third-party websites, and to use your name and any other information in connection with its use of the material you provide. You also grant LocalProPlus the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note LocalProPlus does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to LocalProPlus. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against LocalProPlus and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Local Pro Plus is a licensed real estate broker and in compliance with all applicable rules and regulations. You agree and understand that Local Pro Plus may, solely at its own discretion, edit listings and any and all other representations (including text, photo or other representations) to ensure full compliance with such rules and regulations.
6. Termination. You understand, acknowledge, and agree that we, in our sole discretion, may terminate our agreement, your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION.
7. Disclaimers and Limitation of Liability -- NO WARRANTIES. While LocalProPlus uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the website and assume no liability or responsibility for any error or omission in the such data or information. LOCALPROPLUS DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. LOCALPROPLUS HAS NO RESPONSIBILITY FOR ACTIONS OF THIRD PARTIES OR FOR INFORMATION PROVIDED OR POSTED BY OTHERS.
USE OF LOCALPROPLUS IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER LOCALPROPLUS NOR ANY OF ITS SUBSIDIARIES, AFFILIATED OR RELATED COMPANIES, NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS MAKE ANY WARRANTY OF ANY KIND REGARDING LOCALPROPLUS AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; REAL ESTATE BROKERAGE SERVICES; THIRD-PARTY SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH LOCALPROPLUS OR ANY OF ITS AFFILIATES; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING LOCALPROPLUS OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES LOCALPROPLUS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. LOCALPROPLUS AND ITS SUBSIDIARIES, AFFILIATES, AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. TO THE EXTENT THAT WE MAY NOT DISCLAIM IMPLIED WARRANTIES AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANT SHALL BE THE MINIMUM REQUIRED UNDER SUCH APPLICATION LAW.
LOCALPROPLUS CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. LOCALPROPLUS DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE LOCALPROPLUS, OR ANY OF ITS AFFILIATES. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL LOCALPROPLUS, OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LOCALPROPLUS OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL LOCALPROPLUS OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
8. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, LOCALPROPLUS, ITS PARENT, SUBSIDIARIES, AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF LOCALPROPLUS; (2) LOCALPROPLUS' USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.
9. Dispute Resolution. Any claim or controversy arising out of or relating to these Terms, to the goods or Services provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with these Terms, including but not limited to any claim or controversy made by a Customer ("Dispute"), shall be finally, and exclusively, settled by arbitration in Chicago, Illinois. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by LocalProPlus from AAA’s pool of arbitrators. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Chicago, Illinois. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. Moreover, the arbitrator must abide by all these Terms and shall not have the power to reform or alter these Terms. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THE TERMS AND THIS AGREEMENT PROVIDE THAT ALL DISPUTES BETWEEN YOU AND LOCALPROPLUS WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY.
10. Limitations Period. YOU AGREE THAT ANY CLAIM, CONTRIOVERSY, OR DISPUTE WITH LOCALPROPLUS OR ITS SUBSIDIARIES, AFFIATES, OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.
11. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the website, you will be governed by the Terms then present on the website and in effect. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
13. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions.
14. Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and LocalProPlus with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of LocalProPlus to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to LocalProPlus, any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
15. Services Provided by Third Parties. We are not responsible or liable for any products or services obtained by or through any other party. The materials displayed on this site relating to services provided by any other party are advertisements and do not constitute an offer or promise to make a loan or provide any other service by us. There is no endorsement by us of any other party or the products and services made available by or through any other website.
16. Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of LocalProPlus, in appropriate circumstances, to terminate the account of a user who is deemed to infringe third party intellectual property rights or to remove content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on LocalProPlus, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material you claim is infringing is located on the site (providing us with a listing number or website URL is the quickest way to help us locate content quickly);
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. LocalProPlus’ copyright agent can be reached as follows:
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT LOCALPROPLUS’ COPYRIGHT AGENT FOR OTHER CUSTOMER INQUIRIES OR QUESTIONS. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
17. Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to LocalProPlus’ designated Copyright Agent, (see Section 25 above for contact information), that includes substantially the following information (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. an electronic or physical signature of the Customer;
2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a listing number or website URL is the quickest way to help us locate content quickly);
3. your address, telephone number, and email address;
4. a statement by you, under penalty of perjury, that you (the Customer) have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
5. a statement by you that you (the Customer) consent to the jurisdiction of the Federal District Court for the judicial district in which the Customer’s address is located, or if the Customer's address is outside of the United States, for any judicial district in which ForSaleByOwner.com, Corp may be found, and that the Customer will accept service of process from the person who provided notification under Section 25 above or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Customers who are repeat infringers.
18. Fair Housing Statement. LocalProPlus supports and insists on compliance with the Fair Housing Act, which prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status and disability. In addition, LocalProPlus supports and insists on compliance with all laws, rules, regulations applicable to the real estate industry.
Local Pro Plus is the exclusive provider of all agent-assisted products and services. Our products and services are also available from our affiliate, ForSaleByOwner.com.