OnPlist.com (the “Site”) is comprised of various web pages operated by ONPLIST, LLC (“ONPLIST”).
The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein (either the “Terms and Condition” or the “Agreement”). Your use of the Site constitutes your agreement to all the Terms and Conditions.
The Terms and Conditions are a contract between you and ONPLIST, and apply to your use of and subscription to ("Subscription") one or more of product(s) and/or service(s) ("Service").
You must be at least eighteen (18) years of age to enter into a contract for the Service. You represent and warrant that you are eighteen (18) years of age or older and that you agree to abide by all of the Agreement.
Onplist reserves the right to change the Terms and Conditions with which the Site is offered, including, but not limited to the charges associated with the use of the Site. The latest version of the Terms and Conditions is available on the Site. You are responsible for regularly reviewing the Terms and Conditions.
This Agreement may not be modified or amended, unless both parties except by a writing executed by the party against whom enforcement of such modification or amendment is sought.
You may request to amend or modify the Agreement provide that it is done prior to purchasing a Subscription for any Service. You must send a letter to the Chief Operating Officer by USPS certified mail requesting the amendment or modification. You will bear the sole cost and expense of any amended to the Agreement. Prior to amending or modifying the Agreement, you will be required to pay to ONPLIST a non-refundable deposit. The Chief Operating Office will notify of the requested non-refundable deposit amount. The non-refundable deposit amount is not fixed and/or predetermined. Any amendment or modification of the Agreement must be actually signed (electronic signature is NOT allowed) by both parties.
MAP AND LOCATION DISCLAIMER:
The information provided to you on the map(s) and its results is provided to you by ONPLIST for informational purposes only, and you use it at your own risk. The data is only intended as a secondary reference for you. It is your responsibility to independently confirm the accuracy and completeness of the information. The data used for the interactive map was provided by various parties. The validity of this data cannot be assured, and should be verified with the party that included or otherwise maintains the data.
REAL ESTATE BROKERAGE AND AGENTS:
Onplist is not a licensed real estate broker. ONPLIST does not engage in the brokerage business. ONPLIST does not act as a real estate agent or broker.
BROKERS AND AGENTS:
Onplist does not and shall not have any obligation to independently verify the licensure of individuals identified as real estate brokers/agents on the Website. It is your responsibility to confirm the licensed status of any real estate brokers/agents listed on the Website.
Any user who identifies himself/herself as a broker or agent on the Website member registration form or otherwise purports to be a broker on Website's “find a real estate broker/ agent” service, hereby represents and warrants that he/she is validly licensed as a real estate broker/agent and is in good standing and/or otherwise is in compliance with the relevant regulating agency or agencies. ONPLIST may, but has no obligation to, verify the licensure of such individual. ONPLIST may remove from the list of real estate broker/agent those which it does not believe are licensed real estate brokers or agents. ONPLIST may terminate the accounts of, and refuse services to, anyone who repeatedly or knowingly misrepresents its licensed real estate broker or agent status, or upon notification by any agency or similar governmental authority that such individual is not licensed.
SUBMISSION AND ADMINISTRATION OF LISTINGS:
Listings that are not modified or renewed within a 90-day period are automatically terminated and are no longer viewable on OnPlist. You agree not to submit any property descriptions, photographs, financials, contact or other information contained in each property's data to ONPLIST, unless you have received all rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise such property on the Site. You will not submit a photograph if you received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Site. ONPLIST may, in its sole discretion, but without any obligation to search for such, remove properties that are alleged to have been submitted in violation of this provision. In addition, ONPLIST may require additional evidence of compliance with this provision from you if the submitted properties or other information are in violation of this Agreement. ONPLIST will, in its sole discretion, terminate the accounts of, and refuse service to, individuals that knowingly violate this Agreement. You agree to maintain accurate contact information (specifically, a valid phone number and a valid email address) in order to submit and maintain active property listings on the Site. Additionally, you agree to allow submitted property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by other users of the Site, the Site, affiliates of the Site and partner websites of the Site. ONPLIST shall have the sole authority to choose the manner, in which any property will be searched, displayed, accessed, downloaded, copied, and/or otherwise used on the Site; and, ONPLIST shall have the right to modify the property listing in the exercise of its rights under this Agreement. You represent and warrant any property and associated information provided by you will be accurate; you agree not to permit the posting of a property on the Site, unless you have a legal right to do so. You agree to maintain the accuracy of the property data at all times. ONPLIST reserves the right to remove any data posted on the Site. ONPLIST accepts no responsibility for checking the accuracy of reports or data files submitted by you. While ONPLIST shall take all reasonable efforts for data backup and resumption, you will be solely responsible for retaining back-up copies of all information, photographs and other materials provided to OnPlist. ONPLIST may add digital watermarks to certain parts of your property listing, including photographs. ONPLIST adds these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
You are required to maintain the confidentiality of your login and password. You are responsible for the activities that occur under your account, login or password. ONPLIST is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or your failure to comply with the Terms and Conditions.
LINKS TO THIRD PARTY SITES:
The Site may contain links to other websites (a “Linked Site”). A Linked Site is not under the control of ONPLIST and ONPLIST is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ONPLIST is not responsible for webcasting or any other form of transmission received from any Linked Site. ONPLIST is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ONPLIST of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of the Site, you warrant to ONPLIST that you will not use the Site for any purpose that is unlawful or prohibited by the Terms and Conditions. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
USE OF THE SITE:
The Site allows you to submit information and materials to ONPLIST ("Submissions"). As part of your use of the Site, you agree that your Submissions will not:
1. Violate any applicable laws, rules or regulations including without limitation, any fair housing laws, or any relevant industry or trade group rules or regulations.
2. Violate any applicable code of conduct or other guidelines.
3. Include material that is false or may mislead.
4. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
5. Include material that communicates bigotry, racism, hatred or harm against either individuals or groups, or that otherwise is harmful.
6. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent or unlawful topic, name, material or information.
7. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
8. Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
9. Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
10. Conduct or forward surveys, contests, pyramid schemes or chain letters.
11. Download any file posted by another user of the Site that cannot be legally distributed in such manner.
12. Falsify or delete any author attributions, proper notices (legal or other) or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
13. Restrict or inhibit any other user from using and enjoying the Site.
14. Harvest or otherwise collect information about others without their consent.
Onplist has no obligation to monitor the user communication. However, ONPLIST reserves the right to review materials posted to the Site and to remove any materials in its sole discretion. ONPLIST reserves the right to terminate your access at any time without notice, for any violations of the Terms and Conditions or spirit of the Site.
Onplist reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ONPLIST’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or others in any communication service. ONPLIST does not control or endorse the content, messages or information found in any user communication and, therefore, ONPLIST specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service.
Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS EITHER PROVIDED TO ONPLIST, OR POSTED AT ANY SITE:
Onplist does not claim ownership of the materials you provide to ONPLIST (including feedback and suggestions) or the Submissions. However, by posting, uploading, inputting, providing or submitting your Submission, you are granting ONPLIST, its affiliates, partners, or necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ONPLIST is under no obligation to post or use any Submission you may provide, and may remove any Submission at any time in ONPLIST’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONPLIST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Onplist AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ONPLIST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONPLIST, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR WITH ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONPLIST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOUR EXCLUSIVE REMEDY AND ONPLIST'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE A REFUND TO YOU OF THE FEES PAID TO ONPLIST, AND IN NO EVENT WILL ONPLIST'S LIABILITY FOR ANY REASON EXCEED SUCH FEE. ONPLIST, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE DELIVERABLES, AND YOU SHALL INDEMNIFY ONPLIST, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND/OR ITS SUPPLIERS, AND HOLD EACH OF THEM HARMLESS FROM AND AGAINST ANY AND ALL COSTS, DAMAGES OR LOSSES BY ANY OF THEM (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) AS A RESULT OF A CLAIM BY ANY PERSON OTHER THAN YOU ARISING FROM YOUR USE OR APPLICATION OF THE SERVICES OR THE DELIVERABLES.
JURISDICTION AND VENUE:
The laws of the state of Florida govern this Agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, Orlando, Florida in all disputes arising out of or relating to the use of the Site.
Any controversy or claim arising out of or relating to the Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Orange County, Orlando, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either ONPLIST or you may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, Orlando, Florida, as necessary to protect your rights or property or those of OnPlist.
Onplist reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ONPLIST as a result of this Agreement or use of the Site. ONPLIST’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of ONPLIST’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ONPLIST with respect to such use. If any part of this Agreement is 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 of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and ONPLIST with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ONPLIST with respect to the Site. A printed version of this Agreement 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. It is the express wish to the parties that this Agreement and all related documents are drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Site are: Copyright © 2018 - OnPlist all rights reserved and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES THAT ARE IRRELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE ANY RESPONSE.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in whole or in part or in any other respect, or in the event any one or more of the provisions of any of the Agreement operates or would prospectively operate to invalidate this Agreement, then, at the option of ONPLIST, such provision or provisions only shall be deemed null and void and shall not affect the validity of the remaining provisions, and the remaining provisions of the Agreement shall remain operative and in full force and effect and shall in no way be affected, prejudiced or disturbed thereby.
RIGHTS TO USE DATA:
You agree that Onplist shall have the right to use property listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such listing on the Internet for unrestricted use by ONPLIST users, affiliates, and/or partners. ONPLIST shall have sole authority to choose the manner in which any property listing will be received, displayed and used, and reserves the right to remove all or any part of a listing or refuse service to anyone at any time in its sole discretion. ONPLIST shall have no obligation to (i) resolve disputes among users of the Site or (ii) monitor or verify the accuracy or proper use of the property listings.
The most current copy of the Terms and Conditions will be posted and available for review on the Site.
All notices to Onplist must be in writing and must be sent by USPS certified mail to ONPLIST, attn.: Chief Operating Officer, P.O. Box 3723, Winter Park, FL 32790.
/ONPLIST/ Dated 9/22/2012