In this document: (1) “we,” “us,” “our,” “ListingsMagic,” mean ListingsMagic.com LLC. ; (2) “you,” “your,” “customer,” “member,” and “user” mean a ListingsMagic.com account holder or user with us;
The Subscriber Agreement ("Agreement") is a contract under which we provide and you accept our Services. It is important that you carefully read all of the terms of the Agreement.
These Ts&Cs apply to our ListingsMagic.com Services and any other Service we offer you that references these Ts&Cs. Additional terms will apply when you use certain Services, typically those you can access online (for example, picture/video Services, online forums, etc.). Additional terms will also apply if you activate Services as part of a bundle with another company's services. The additional terms for bundled Services may either modify or replace certain provisions in these Ts&Cs, including terms relating to activation, invoicing/payment, and disputing charges. Also, a different dispute resolution provision may apply to services provided by another company (the dispute resolution provisions in this Agreement still apply to our Services). You will be provided details on any additional terms with your selection of any bundled Service. Individual-liable discounts for wireless services available under employer's, association's or other organization's service agreements do not apply to ListingsMagic.com Services.
Services are subject to our business policies, practices and procedures ("Policies"), including, but not limited to, our Privacy Policy and Acceptable Use Policy - both available at our website. You agree to review those policies regularly to stay informed about our privacy practices and the uses of the ListingsMagic.com Services that are permitted.
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral or electronic statement; (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so. If you don't want to accept the Agreement, don't do any of these things.
You must first set up a ListingsMagic.com account with us. A credit or debit card is required to purchase the Services. For recurring Services, you authorize us to charge your credit/debit card for all recurring subscription charges for each new subscription period until you terminate the Services. We are not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by ListingsMagic.com. You agree to provide us updated credit/debit card information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse. To use the Services, you must go to ListingsMagic.com.com to first set up your account and choose the Subscription package. If you are purchasing a Trial Account with us (typically a one month for $1) we will convert your trial to a standard monthly package at the end of that trial. It is your responsibility to notify us of cancellation. To cancel simply login to your account and choose the Cancel Membership option.
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of material changes, and may provide you notice of non-material changes, in a manner consistent with this Agreement (see "Providing Notice To Each Other Under This Agreement" section). If you continue to access or use our Services on or after the effective date of a change, you accept the change. Do not access or use our Services after the effective date of a change if you decide to reject the change and terminate Services.
We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to: (a) failure to provide or maintain a valid credit/debit card and/or authorization to pay for the Services, (b) harassing/threatening our employees or agents; (c) providing false information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement; (f) breaching the Agreement, or failing to follow our Policies; (g) providing false, inaccurate, dated or unverifiable identification or credit/debit card information; (h) modifying a Device from its manufacturer specifications; or (i) if we believe the action protects our interests, any customer's interests or our network.
You can change or terminate Services at any time by contacting us and requesting the change or requesting that we deactivate all Services. Changes and terminations to Services are usually effective immediately after you notify us, but no later than 24 hours after notifying us. You are responsible for all charges billed or incurred prior to the change or termination. When a Service is terminated. Refunds: No refunds are issued for monthly subscriptions. Refunds for yearly subscriptions are issued on a prorated basis according to standard pricing. Standard pricing is $49.97 per month. For example if you cancel six months into a yearly subscription then the standard price you would have paid for those six months would have been $49.97*6 = $299.92. If your subscription was for $499.97 then you would receive a refund of $200.15 ($499.97-$299.92). If your subscription amount is less than what you would have paid under standard pricing (i.e. you were provided special pricing) no refund will be available. To cancel you can send an email to support@listingsmagic.com or chat with our support staff during business hours Monda-Friday 9A-5P.
Acceptable and prohibited uses of the Service can be found in our Acceptable Use Policy, which is available at our website.
When purchasing the Services, we assess "subscription charges" - charges that allow you access to the Services and/or provide you a certain amount of use of the Services for a defined period of time.
Any dispute to a charge we assess you must be made in writing within 60 days of the date we charge your credit/debit card. You accept all charges not properly disputed within the above time period.
Our Privacy Policy is available on our website. You agree to review the policy regularly to stay informed about our privacy practices. Among other things, the policy includes important information on what information we collect about you, how we use that information, and with whom we share that information (for example, to provide you certain Services, to protect our rights and interests, to respond to legal process, to facilitate a merger, etc.). If you do not agree with our privacy practices, do not purchase or use our Services.
You agree that we may access, monitor, use or disclose your personal information or communications, including information about your use of our Services, to: (a) comply with the law; (b) protect our rights or property including enforcing this Agreement or any other ListingsMagic.com terms and conditions of service or policies; (c) respond to emergencies; (d) to initiate, render, bill, and collect for services; (e) facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government requirement or eligibility for government benefits; (f) better understand, monitor or enhance our Services (e.g. we may monitor your use of our services to understand if network improvements are necessary); and (g) create anonymized data from which your personal information is removed or obscured.
Our services may be accessed from other countries. As a condition of using the ListingsMagic.com Service from outside the United States, you agree any personal information may be transferred to the United States or elsewhere for processing, storage and use.
We encourage you (the account holder) to ensure the privacy of your account information by establishing passwords. You agree not to share this authentication information, except with those individuals whom you want to have access to your account. You agree that we may contact you in our discretion about important account related matters through the contact information you provide, through the Services or Devices to which you subscribe or through any other available means.
You agree that neither we nor our vendors, suppliers, partners or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) interrupted, failed, or inaccurate location information services; (f) information or communication that is blocked by a spam filter; (g) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or ListingsMagic.com storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio (h) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your Device, computer or equipment and to back-up your information stored on each.
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
We Agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. We agree to contact each other as described in the Providing Notice To Each Other Under The Agreement section of these Ts&Cs.
(1) “Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement, including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated - this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent as described in the Providing Notice To Each Other Under The Agreement section of these Ts&Cs and notice to us will be sent to: ListingsMagic.com 11769 Apache Trail Conifer CO 80433. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
(3) The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of the Agreement, the terms of the Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
(4) Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of your contact address of record on your ListingsMagic.com account. The federal or state law that applies to the Agreement will also apply during the arbitration.
(5) We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim).If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.
(6) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, we will cover any arbitration administrative or filing fees above: (a) $25 if you are seeking less than $1,000 from us; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
You agree to indemnify, defend and hold us harmless from any claims arising out of your actions, including, but not limited to, your use of the Service and any information you submit, post, transmit or make available via the Service, failing to provide appropriate notices regarding location-sensitive services (see "Location Based Services" section), failure to safeguard your passwords, backup question to your shared secret question or other account information, or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation or the rights of any third party.
Except as the Agreement specifically provides otherwise, you must provide us notice by calling customer service. We will provide you notice, including any notices required by law, via correspondence to your contact email of record on your ListingsMagic.com account, your contact address of record on your ListingsMagic.com account or your contact phone number of record on your ListingsMagic.com account.
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state of your contact address of record on your ListingsMagic.com account, without regard to the conflicts of law rules of that state. If either of us waives or doesn't enforce a requirement under this Agreement in an instance, we don't waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn't for the benefit of any 3rd party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You can't assign the Agreement or any of your rights or duties under it. We can assign the Agreement. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements - you can't rely on any contradictory documents or statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to payment, dispute resolution, no class action, no jury trial), survive termination of Services.