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ListingBy.COM Terms Of Service Document 
Build 01 Date August 19, 2021

Agreement:

By signing up for the B2B – Business to Business Real Estate Marketing Service ListingBy.COM you, “the agent and/or agency”, confirm that you are in agreement with the terms of service as listed by the ListingBy.COM terms of service agreement. 

The Agent and/or Agency agrees to allow ListingBy.COM to publish and distribute related marketing materials and creative content as a central part of its operations and order fulfilment. 

This terms of service agreement does not allow ListingBy.COM at any point to act as an entity of the Agent and /or Agency and at no point will ListingBy.COM or at any time publish materials and/or promote itself or any of its creative content directly in the name of the Agent and/or Agency or make any representations and/or statements to the point that it is acting as a representative of said Agent and/or Agency.

Intellectual Property:

All advertisement creatives, visuals, visualizations, graphic creatives, and/or any other creative documents and web content created under this agreement are copyright to ListingBy.COM with all rights reserved. ListingBy.COM does not assign the Agent and/or Agency any rights for usage of any creative content created by ListingBy.COM in its operations and in its efforts of fulfilling its obligations to the Agent and/or Agency. Should any occasion arise where the Agent and/or Agency require any such permissions the Agent and/or Agency agrees to request prior permission from ListingBy.COM for any such usage of said creative properties outside the scope of the operating of this agreement and/or the general operations as stated by ListingBy.COM through its functions. The Agent and/or Agency agrees not to disclose to any third party and/or commercial entity any information with regards to the operating processes of ListingBy.COM, any creative content as created by ListingBy.COM and any information with regards to business and marketing strategies that said Agent and/or Agency learns through in the performance of ListingBy.COM as it pertains to ListingBy.COM efforts to fulfill its obligations to the Agent and/or Agency.

Warranty & Disclaimer: 

ListingBy.COM guarantee states that we shall provide our services using a reasonable high level of care and professionalism. As part of the ongoing efforts in affect ListingBy.COM shall only utilize processes and procedures which bring the highest level of confidence and professional admiration to all those we are conducting marketing efforts for.

ListingBy.COM guarantees it work and the quality of lead generation service which we provide. We guarantee that through our marketing services the leads we provide will meet the high standard of being a qualified lead by way of demographic and prospecting standards. ListingBy.COM guarantees its internal lead generation funnel and processes and guarantees the lead provided has been vetted to the degree that we can qualify it as an active and engaging prospect regarding Real Estate services and as such place it on to our Agent and/or Agency clients as a qualified lead.

Exempt From Liability:

ListingBy.COM shall not be responsible for any adverse circumstances resulting from the Agent and/or Agency and their contact with and engagement with leads referred through the use of ListingBy.COM Lead Generation Service. The Agent and or Agency agrees to hold ListingBy.COM exempt from any and all liability stemming from actions resulting from the usage of lead information transferred to the Agent and/or Agency and stemming from the Agent and/or Agency operations with this lead information provided through in its usage of the services provided by ListingBy.COM. 

In the event should there be a conflict that should arise between the Agent/Agency and any lead derived through in the use of the ListingBy.COM Real Estate Leads Generation Service the and having been forwarded to said Agent and/or Agency through in the normal operating procedures of ListingBy.COM the Agent and/or Agency agrees to hold ListingBy.COM exempt from any penalties, liabilities, exposures, and or financial loses derived from any such conflict, conflict resolution, and or any legal judgements stemming from said conflicts.

Agreement To Arbitration:

Any disputes arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination shall be referred to and finally resolved aby arbitration. Any arbitration that you attend shall take place in the Federal judicial district where you reside. There shall be no authority for any claims to be arbitrated on a class action basis. An arbitration can only decide our claim or your claim and may not consolidate or join the claims of others who have similar claims. The Arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized by law. A judgement on the arbitration award may be entered by any court of competent jurisdiction.

Listing By Dot Com Refund Terms Document August 16 2021
Prepared By: James Tolbert

The following are the terms and conditions pertaining to the ListingBy.COM Real Estate Marketing And Leads Generation service refund policy. 
90 Day Money Back Guarantee:

ListingBy.COM offers all clients a full money back 90 day guarantee. This refund guarantees the quality of work and media services being provided and the quality of leads generated via our service to the client. Following the 90 day initial period should for any reason the client is not satisfied with the quality of leads generated by ListingBy.COM’s lead generation services or not have satisfaction with the resulting business as it relates to the quality of leads generated via the ListingBy.COM lead generation services the client is entitled to a full refund totaling the amount billed during the initial 90 day period. 

Standard Return Policy:

For clients following their initial 90 day period they will be entitled to a refund for billing based on a 30 day window post the notification of cancellation and request for refund being submitted by the client. 
For the 30 day period in which the client submits their request for cancellation the client is entitled to a refund for the 30 days prior to the notice of cancellation. This refund is limited only to billing occurring within the 30 days immediately following the client notice of cancellation and for any charges billed to the client within said 30 days. Any charges posted beyond this 30 day window are levied toward the cost of operating the client's campaigns by ListingBy.COM service operations and are not subject to returns. 

Terms And Conditions:

The ListingBy.COM Real Estate lead generation services is charged to the client as a monthly subscription service. Upon signing up to receive the ListingBy.COM Lead Generation Service the client is signing up for a subscription to service to be billed to the client on a month to month basis for the exact amount as determined by which value of the specific package the client choses to receive. This subscription shall bill automatically each month. This subscription and agreement shall remain valid in perpetuity unless a notice of cancellation is given by said client. 

The client may at any anytime submit for a cancellation of their services agreement with ListingBy.COM. This process may be facilitated in writing via email to the ListingBy.COM cancellations support email or by filling out the cancellation form found on the ListingBy.COM website. All cancellations are immediate and upon receiving a cancellation from the client all marketing efforts pursuant to the fulfillment efforts for said client will cease immediately. 

Should the client request a refund the client is entitled and made eligible for a refund of the 30 day period immediately following the request to cancel their ListingBy.COM subscription.  This refund is made available only when requested by the client and is not automatic upon the cancellation but is available should it be requested by the client. The client is only eligible to receive a refund of up to 30 days to the date of the request of cancellation.

The client has a window of 7 days from the start of any month with which to cancel services and thus not incur any fees and or charges pertaining to their subscription to ListingBy.COM and it’s efforts to fulfill it’s obligations to said client and to avoid being charged for services within that calendar month. For instances where in the client submits a cancellation post the first 7 days the client is eligible for a refund of that month’s fees as it pertains to the 30 day refund eligibility.
All refunds shall be processed for payment in the month following the cancellation and request for refund for the 30 days prior to the request having been made by the cardholder/client. All refunds shall be processed by the 7th day of the month in which the refund is scheduled. To the extent that it is available to ListingBy.COM refunds shall be made in the form of a charge back to the cardholder/clients card initially charged when the cardholder/client created their ListingBy.COM account.  For instances where ListingBy.COM is not able to provide a chargeback to said cardholders charge card 

ListingBy.COM shall provide a refund where eligible in the form of a check by mail. ListingBy.COM shall provide written notification via email as to the time frame in which said cardholder/client may expect to receive said refund via check by mail.