For Agents

Terms

Use of Our Service

FS27 LLC, and its respective principals, agents, affiliates, successors, assigns, websites and/or apps shall be collectively referred to as “ListingNut.”

Welcome to ListingNut. These terms and conditions outline the rules and regulations for the use of ListingNut.

The following terminology applies to these Terms and Conditions and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting ListingNut's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to ListingNut. "Party" or "Parties" refer to both the Client and ListingNut, or either the Client or ListingNut. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Our service has two primary goals; get you the most accurate valuation of a property and match you with real estate professionals. The service that we provide to buyers and sellers of real estate, real estate professionals and others, is governed by a few terms that are outlined below.

As an online service, we opt to avoid asking you to physically sign a lengthy contract. The terms of our contract with you are set forth below in plain language. Please read them entirely. If you do not agree with any of the terms, please leave the site and stop using ListingNut. If you do use ListingNut, then by virtue of the use of our site you agree to be bound by our terms of service. Any violation of the terms of service may result in being banned from using ListingNut’s services.

ListingNut is operated in compliance with all state and federal housing laws.

ListingNut employs the use of cookies. By using ListingNut you consent to the use of cookies in accordance with our privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

ListingNut reserves the right to monitor all user content and to remove any content which it considers in its absolute sole discretion to be inappropriate, offensive or otherwise in breach of these Terms. You hereby grant to ListingNut a non-exclusive royalty-free license to use, reproduce, and authorize others to use, reproduce any of your comments, content, submissions and/or other interactions with ListingNut in any and all forms, formats or media.

No use of ListingNut’s logo or other artwork will be allowed for linking absent a trademark license agreement. Without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of ListingNut.

ListingNut reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to ListingNut. You agree to immediately remove all links to ListingNut upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to ListingNut, you agree to be bound to and abide by these linking terms and conditions.

If you find any link on ListingNut or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Terms for Broker and Agents

Real estate professionals who are involved with and use our site must agree with the following terms:

ListingNut works by aggregating good faith opinions of value for real estate. As a real estate professional, you agree to provide good faith estimates of value for the real estate you opine on. You agree that your opinions will be based on real estate in areas you have expertise and you will not use your opportunity to opine on real estate in order manipulate the value of any real estate in bad faith. You also agree not to use your opportunity to opine for the purpose of affecting the reputation of another real estate professional in any way.

You grant ListingNut permission to verify your credentials as a real estate professional by any method, including requesting that you provide us with credentials. You verify that any submissions made to ListingNut are legitimate, accurate and current.

You are responsible for maintaining your own real estate license and for following all applicable real estate laws regarding disclosures, documentation and other brokerage responsibilities. In addition, you are responsible for the real estate brokerage services provided to your clients and agree to indemnify, defend and hold ListingNut harmless from any claims, costs, and damages incurred by ListingNut arising from claims by your clients regarding the brokerage services you have or have not provided. You may not hold yourself out as being licensed if you are not, in fact, licensed; unlicensed practice of real estate brokerage is illegal and prohibited by ListingNut.

Any information that you provide to ListingNut shall be accurate, complete, and you agree to update any information that is or becomes inaccurate. If ListingNut discovers that any information is inaccurate, we may correct it ourselves. You hereby grant us permission to share, e-mail and/or display your information (including, but not limited to, your name, likeness, contact information and transaction details). You grant ListingNut, at its sole discretion, the right to display on ListingNut’s site and elsewhere all, or a portion, of the information that we have gathered or you have supplied.

Accessing and using ListingNut is currently free. However, if you choose to utilize any of our services, you may be required to join a subscription service. Please view site for subscription terms.

Your participation in our service is voluntary and can be terminated by us for any reason at any time. You may also terminate your account for any reason by providing us with written notice. However, any subscriptions will stay active until they expire. There will be no refunds for any remaining balance of time on any subscription service you have opted for.

You agree that any communications between you and ListingNut may be recorded, transcribed, saved, stored, archived or otherwise.

You agree that we may modify the services provided, these terms of service or the price charged for our services at any time. We will send you an email seven days in advance of any significant changes of our services, terms of service or prices, and you agree that your continued use of our services after the notice period means that you accept the new terms and any services shall be governed by the new terms.

Terms for Buyers and Sellers

All non-real estate professionals (including prospective buyers and sellers and their representatives) who are involved with and use ListingNut hereby agree with the following terms:

Any valuation of real estate on ListingNut is simply an aggregate of opinions of value provided by individuals. It is not an appraisal and should not be solely relied upon for valuing real estate. By using ListingNut, you agree to indemnify ListingNut and hold ListingNut harmless from any and all liability of any nature and of any kind whatsoever from the date hereof until the end of time and/or the World.

Depending on your use of ListingNut, we may make a professional introduction between you and a real estate professional. Of course, this introduction involves sharing contact information between the parties. When you submit information to ListingNut for a request, you authorize us to use and provide this information to make an introduction. By providing this information to us, you consent to being contacted by us and by our partners via phone, email, mail and other reasonable means.

For ListingNut to help you, we need you to provide information that is accurate and complete, especially your contact information so that real estate professionals can contact you quickly and efficiently. We reserve the right to suspend or terminate access to anyone who supplies information that is inaccurate or misleading or in any way acts in a way that is proscribed by ListingNut at its sole discretion.

You understand that while ListingNut may refer real estate professionals, we do not perform real estate brokerage services. Any real estate brokerage activities must be performed by real estate professionals that have been referred to you. We do not endorse, recommend or otherwise know any particular real estate professional, or the terms of any agreement between you and a real estate professional. Please do not engage in activities requiring licensure of an agent before verifying their credentials.

Your participation in our service is voluntary and can be terminated by us for any reason at any time. You may also terminate your account for any reason by providing us with written notice. However, any subscriptions will stay active until they expire. There will be no refunds for any remaining balance of time on any subscription service you have opted for.

You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent services shall be governed by the new terms.

You agree that any communications between you and ListingNut may be recorded, transcribed, saved, stored, archived or otherwise.

Additional Terms

All who are involved with and use ListingNut hereby agree with the following additional terms:

It is the policy of ListingNut to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these sites:

FS27 LLC
info@listingnut.com

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ListingNut intends that the information contained on ListingNut be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on or through ListingNut, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.

To protect our service, you agree to refrain from the following prohibited activities: (a) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to minors; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about website users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of ListingNut; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the website or our hardware and software infrastructure or that of any of our licensors or suppliers.

You agree to the following limitation: LISTINGNUT AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." LISTINGNUT AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, REAL ESTATE PROFESSIONALS OR OTHER AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF LISTINGNUT’S SERVICE IS AT YOUR OWN RISK. WE AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH LISTINGNUT, OR OTHERWISE ARISING OUT OF THE USE OF LISTINGNUT, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

You also agree to the following: IN NO EVENT SHALL LISTINGNUT OR OUR SUPPLIERS, AFFILIATES OR OTHERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO $100. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

You also agree to the following DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER: Instead of suing in Court, you and ListingNut agree to arbitrate all disputes between you and ListingNut or any of ListingNut’s agents, representatives, or partners acting on ListingNut’s behalf, on an individual basis, not on a class-wide or consolidated basis. The FAA applies to this agreement, the arbitration provision, and all questions of whether a dispute is subject to arbitration. Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of your residence. WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree that any arbitration will be solely between you and ListingNut (or ListingNut’s agents, representatives, or partners acting on ListingNut’s behalf). We each WAIVE ANY RIGHTS TO BRING A CLASS ACTION OR CONSOLIDATED ACTION. Exceptions: Either of us may bring qualifying claims in small claims court.

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to ListingNut and the use of ListingNut (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Finally, you also agree to the following: These Terms shall be subject to and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder hereof shall continue in effect. A printed version hereof and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to ListingNut.

Terms for Contest(s)

PROMOTER: FS27 LLC (“ListingNut”) (“Promoter”).

ELIGIBILITY: The competition is open to legal residents of the United States, who are aged 18 years or older at the time of their submission and who create a valid ListingNut account. The following persons are excluded from participating: employees of ListingNut and their immediate family, and any person or entity (along with their respective principals, affiliates, agents, representatives, real estate brokers, legal counsel, or immediate family members) who purchases or submits a bid or offer to purchase the property that is the subject of the contest. Those who meet these and other eligibility requirements are referred to as “Entrant”.

ENTRY: Unless otherwise stated, there is no entry fee and no purchase necessary to enter a competition. To enter, you must create a valid ListingNut account and submit your entry via your account. By entering a competition, an Entrant is indicating his/her agreement to be bound by these terms and conditions. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

DEADLINE: Each contest will provide for a specific deadline for entries (“Deadline”). This date is subject to change. After this date, no further entries to the competition will be permitted. Late entries will not be honored under any circumstances.

RULES

The rules of the competition and how to enter are as follows:

  1. All entries must be made though the entry submission form provided by ListingNut (“Valid Entry”).
  2. A Valid Entry constitutes the dollar amount entered in the aforementioned submission form connected to Entrant’s account together with any other information required at the time of submitting Valid Entry.
  3. Only those who create a valid ListingNut account will be eligible to submit a Valid Entry. There can only be one Valid Entry per account and one account per Entrant. Anyone creating multiple accounts and submitting multiple entries will cause all of their accounts to be cancelled and all of their entries to be disqualified.
  4. Valid Entries cannot be changed once submitted. All submissions are final.
  5. The winner will be the Entrant with the account that submits a Valid Entry that is closest to the actual purchase price of the property (“Winner”). The purchase price shall be the price as disclosed by Paramount Realty USA at www.prusa.com subsequent to the closing of the sale of the property that is the subject of the contest (“Purchase Price”).
  6. If the auction of the property does not result in a Purchase Price, as defined above, there will be no winner and no prize will be paid to anyone.
  7. The winner will have 96 hours from the time notice is dispatched to them to claim the prize. Time is of the essence (“Notice”). If the prize is not claimed in time, the next closest entry may be selected to claim the prize.
  8. The Promoter reserves the right to cancel or amend the competition and these terms and conditions without notice at any time for any or no reason, including but not limited to in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to Entrants by the Promoter.
  9. The Promoter is not responsible for inaccurate details supplied to any Entrant or by any third party connected with this competition.
  10. The prize is as provided by ListingNut. In the event of multiple winning entries, the prize shall be split equally among all the winning Valid Entries. The prize is as stated and no other alternatives will be offered. The prize is not transferable. The prize is subject to receipt of fees by listing broker from the sale of the property. (“Prize”).
  11. The Winner will be notified by email. If the Winner cannot be contacted or does not claim the prize within 96 hours of Notice, Promoter reserves the right to withdraw the prize from the Winner and pick a replacement Winner.
  12. The Promoter will notify the Winner when and where the prize can be collected / is delivered.
  13. The Promoter’s decision in respect of all matters related to the competition will be final and no correspondence will be entered into regarding same.
  14. By entering this competition, Entrant is indicating his/her agreement to be bound by these terms and conditions.
  15. This Agreement shall be governed by the laws of the State of New York. Any claim arising out of or related to this contest shall be submitted to binding arbitration conducted by the American Arbitration Association, New York County, pursuant to their rules relating to contract disputes. The parties agree to submit the dispute to 3 (three) arbitrators chosen pursuant to AAA Rules. This shall be the sole remedy for any resolution of a dispute and the parties hereby consent to the exclusive jurisdiction of the American Arbitration Association.
  16. The Winner agrees to the use of his/her name, image and their Entry in any publicity or marketing materials. Other than the Winner’s Name and Valid Entry information, any personal data relating to the Winner or any other Entrants will not be disclosed to a third party without the Entrant’s prior consent.
  17. ListingNut shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, and such change shall be effective immediately upon posting to this webpage.
  18. ListingNut also reserves the right to cancel the competition if circumstances arise outside of its control.