PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE LANDMARKET PLATFORM.
This LandMarket Terms of Service and Listing Agreement ("Agreement") is a legally binding contract between you ("User," "you," "your") and LandMarket ("LandMarket," "we," "us," "our") governing your access to and use of the LandMarket website, mobile application, and related services (collectively, the "Platform").
By registering an account, clicking "I Agree," or using the Platform, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement. If you do not agree to these terms, you may not access or use the Platform.
1. Definitions
"Platform" refers to the LandMarket website, mobile application, and all associated services.
"User" refers to any individual or entity that accesses or uses the Platform.
"Lister" refers to a User who posts a Listing on the Platform.
"Listing" refers to any advertisement for a Property or Service posted on the Platform.
"Property" refers to land, residential, commercial, or industrial real estate listed for sale, lease, or rent.
"Service" refers to any professional service related to real estate (e.g., surveying, legal, architectural, construction) listed on the Platform.
"Consumer" refers to a User who browses Listings or contacts Listers through the Platform.
2. Account Registration and Eligibility
You must be at least 18 years old and have the legal capacity to enter into a contract to use the Platform.
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
You are responsible for safeguarding your account password and for all activities that occur under your account.
You may not create an account for anyone else without their express permission.
3. Nature of Service; No Brokerage Relationship
LandMarket operates as a technology platform and advertising venue. We are NOT a real estate broker, agent, auctioneer, or service provider. We do not:
Represent any User as an agent.
Negotiate or facilitate transactions between Users.
Validate, endorse, or guarantee the accuracy of any Listing.
Engage in the practice of law or provide professional advice.
Any agreement or transaction entered into between Users is solely between the Lister and the Consumer. LandMarket is not a party to any such agreements and disclaims all liability arising from or related to them.
4. Listing Agreement and Lister Responsibilities
By creating a Listing, you, as a Lister, agree to the following:
4.1. Accuracy and Truthfulness: You represent and warrant that all information provided in your Listing, including descriptions, prices, locations, dimensions, photographs, and availability, is accurate, truthful, and not misleading. You must promptly update your Listing to reflect any material changes.
4.2. Legal Right and Authority: You represent and warrant that you have the legal right, title, or authority (e.g., as an owner, authorized agent, or property manager) to list the Property or offer the Service. You have obtained all necessary consents and permissions.
4.3. Prohibited Listings: You agree not to list any Property or Service that:* You do not have the legal right to list.* Is fraudulent, false, or misrepresents the item being offered.* Violates any applicable law, regulation, or third-party right (including intellectual property rights).* Involves illegal or discriminatory practices.
4.4. Prohibited Content: Your Listing must not contain:* Contact information (phone numbers, email addresses, website links) intended to bypass the Platform's communication system.* Defamatory, obscene, or harassing content.* Keywords that are irrelevant or misleading.
4.5. Compliance with Laws: You are solely responsible for understanding and complying with all applicable laws, rules, and regulations relating to your Listing, the sale/lease of Property, or the provision of Services, including fair housing and anti-discrimination laws.
5. Intellectual Property License
By submitting a Listing, you grant LandMarket a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Listing content (including text and images) in connection with the operation and promotion of the Platform.
6. Fees and Payments
Listing Fees: Certain Listings may be subject to fees as disclosed to you prior to posting. You are responsible for paying all applicable fees and taxes.
Payment Processing: Payments are processed through our third-party payment processors. You agree to their terms and conditions.
Refunds: All fees are non-refundable unless otherwise required by law or at our sole discretion.
7. User Conduct and Prohibited Activities
You agree not to:
Use the Platform for any illegal or unauthorized purpose.
Harass, intimidate, or harm another User.
Use any robot, spider, scraper, or other automated means to access the Platform.
Interfere with or disrupt the integrity or performance of the Platform.
Attempt to circumvent our fees or communication systems.
8. Disclaimer of Warranties and Limitation of Liability
8.1. "As Is" Basis: THE PLATFORM AND ALL LISTINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LANDMARKET DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, LANDMARKET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:* YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM;* ANY CONDUCT OR CONTENT OF ANY THIRD PARTY (INCLUDING OTHER USERS) ON THE PLATFORM;* ANY TRANSACTION OR COMMUNICATION BETWEEN USERS;* UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT.
9. Indemnification
You agree to indemnify, defend, and hold harmless LandMarket, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt (including reasonable attorney's fees) arising from: (i) your use of the Platform; (ii) your violation of this Agreement; (iii) your Listing content; or (iv) your violation of any law or the rights of a third party.
10. Termination
You may terminate this Agreement at any time by closing your account.
We may, at our sole discretion, suspend or terminate your account and access to the Platform for any reason, including if we believe you have violated this Agreement.
11. Dispute Resolution
This Agreement shall be governed by the laws of [State/Country], without regard to its conflict of law principles. Any dispute arising from this Agreement shall be resolved through final and binding arbitration in [City, State/Country] in accordance with the rules of [Arbitration Association], and you and LandMarket expressly waive a trial by jury.
12. General Provisions
Modification: We reserve the right to modify this Agreement at any time. We will provide notice of material changes. Your continued use of the Platform constitutes acceptance of the revised terms.
Entire Agreement: This Agreement constitutes the entire agreement between you and LandMarket regarding the Platform.
Severability: If any provision of this Agreement is held to be invalid, the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.
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