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LUXE LIST, LLC TERMS OF USE FOR THE LUXE LIST HOME WEBSITE, INCLUDING ALL ASPECTS OF THE LUXELIST HOME MLS LISTINGS AND ALL LUXE-ON PORTALS

PLEASE READ THE FOLOWING CAREFULLY BEFORE USING THIS SITE

Your access to and use of www.luxelisthome.com, the Luxe List Listings Portal and the Luxe List Home Luxe-On Deals Portal (collectively the "Site"), is expressly conditioned upon your agreement below to comply with and be bound by the following terms and conditions (the "Terms of Use").

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  1. Agreement Between You and Luxelisthome.com

    The following terms and conditions shall apply to your use of luxelisthome.com. By using Luxelisthome.com, you explicitly accept these Terms of Use. As you read these Terms of Use, you should also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. The term "Agreement" shall mean the agreement formed between you and us pursuant to these Terms of Use, and any other terms and conditions posted on Luxelisthome.com, and any other written agreement between you and us, as the same may be modified from time to time, all of which are incorporated herein by reference.
  2. Website Information and Remedies.

    Luxelisthome.com is a technology platform owned and operated by Luxe List LLC. The sale and rental advertisements and related services posted on Luxelisthome.com are procured and provided by Luxe List LLC and/or its subsidiaries and affiliates. In the case of any violation of this Agreement, Luxe List LLC reserves the right to seek all remedies available by law and in equity for such violations, including termination of your use of Luxelisthome.com. For purposes of this Agreement, the term "Website" may, at our option, include any current or future domestic co-branded websites, affiliated websites, private-label websites, and/or international websites in which Luxelisthome.com currently participates or may participate in the future with regard to advertising services.
  3. Fees and Services

    Prospective and existing buyers (“Buyers”) and renters ("Renters") may search Luxelisthome.com for available properties or rental units ("Properties") at no charge. However, there are charges to Lessors/property managers/agents of Lessors & property managers ("Lessors") to insert their Property advertisements on Luxelisthome.com. Lessors should review our Rates and Fees applicable to their particular Property advertisements (as the same may change from time to time) to understand when and for what applicable charges are imposed. If you are a Lessor, by submitting your Property's information, you consent to the placement of information about the Property on Luxelisthome.com, subject to our Privacy Policy and this Agreement. For certain Properties, when the Renter uses Luxelisthome.com to find such Property and report a lease, Luxelisthome.com may issue to the Renter a Gift Card or other valuable consideration. For those Properties, Renters agree to report their lease transaction and cooperate with all reasonable requirements and requests made in connection therewith by Luxelisthome.com. Luxelisthome.com reserves the right to reject, suspend, and/or terminate, without credit, refund or set-off of any kind or nature, any Property advertisement submitted by Lessor at any time and for any reason, including but not limited to, a determination that the Property advertisement (a) violates this Agreement or any of our policies; (b) misrepresents the actual features and/or amenities (or the quality or condition of same) at any Property; and/or (c) the Lessor's failure to pay any amounts owing to Luxelisthome.com. Sellers, through their Realtor professionals, enjoy the discretion to allow or deny their listing syndicator to insert their MLS for sale and for rent Property advertisements on Luxelisthome.com. If allowed, their MLS listing shall be displayed at no charge on luxelisthome.com. However, for a nominal fee, Realtor professionals (and their Sellers) can effortlessly upgrade their luxury listings of single family homes, villas, condominiums and townhomes, flats, lofts, and luxury seasonal rentals to “Featured” status to obtain optimum visibility on luxelisthome.com and they can also use our self guided patent pending scoring module to obtain a “Certified Luxe Score” for their luxury listings.
  4. Content Requirements

    To assure the value of Luxelisthome.com services, you agree that all of the information you have provided, or will provide to Luxelisthome.com, whether online or otherwise, is accurate and complete. Seller’s, Realtor Professionals, and Lessors shall be responsible for preparing and submitting the Property advertisements, and shall be solely liable for assuring that such advertisements are accurate, and comply with all applicable laws and our Advertising Policies as the same may change from time to time.
  5. Your License to Us

    When a Seller, Lessor and/or a Realtor professional as agent for a Seller or Lessor (“You,” “Your” herein) give us or otherwise authorize us to use content, You grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, distribute, reproduce, modify, adapt, publicly display and exercise all copyright, publicity and database rights related to the content, in any media known now or in the future, and You represent that You have sufficient rights in the content to make this grant.
  6. Our License to You

    Luxelisthome.com hereby authorizes you to view, copy, download and print the information and data ("Materials") available on Luxelisthome.com, provided that: (1) if you are a Buyer or Renter, the Materials are used solely for personal, noncommercial purposes and if you are a Seller or Lessor, the Materials are used only for the purposes of using the services expressly offered by Luxelisthome.com. Without limiting the generality of the foregoing, as a Buyer or Renter, you are only permitted to use Luxelisthome.com to search for residential purchases or rentals, communicate with Sellers and Lessors, or their respective Realtor professionals as their authorized agent and consider purchase, rental or other move-related services; and as a Seller or Lessor, or Realtor Professional acting as agent for a Seller or Lessor, you are only permitted to use Luxelisthome.com to advertise your Properties and communicate with Buyers and Renters; (2) the Materials are not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Luxelisthome.com.
  7. No Unauthorized Duplication

    Except as otherwise stated herein, none of the content on the Website ( or our mobile application when available) may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Luxelisthome.com.
  8. Trademarks

    The term "Luxelisthome.com" “The World's Finest Residences,” “The Luxe List” and any other trademarks, trade names, logos and service marks, including Luxelisthome.com, The Luxe List, The World’s Finest Residences, Luxe-On, Luxe Hot Listings (collectively, the "Marks") displayed on Luxelisthome.com are the property of Luxelisthome.com or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of Luxelisthome.com or such other owner.
  9. Access and Interference

    Luxelisthome.com may contain robot exclusion headers. Much of the information on Luxelisthome.com is proprietary or is licensed to Luxelisthome.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that You will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from Luxelisthome.com without the prior expressed written permission of Luxelisthome.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of Luxelisthome.com or any activities conducted on Luxelisthome.com; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Luxelisthome.com.
  10. No Unlawful or Prohibited Use

    As a condition of your use of Luxelisthome.com, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the Fair Housing Act. In addition, you warrant that you will not use Luxelisthome.com in any way prohibited by these terms, conditions and notices. In addition, you will not:
    • use Luxelisthome.com if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from Luxelisthome.com;
    • use Luxelisthome.com to advertise the Property owned by another person unless You are the duly authorized Realtor Professional, property manager, representative, or other agent of the Property owner, and can bind such Property owner, and Your representation of such person complies with all applicable laws;
    • circumvent or manipulate our fee structure, the billing process, or fees owed to Luxelisthome.com;
    • distribute or post spam, chain letters, or pyramid schemes;
    • distribute viruses or any other technologies that may harm Luxelisthome.com or the interests or property of Luxelisthome.com users;
    • copy, modify, republish or distribute content from the Website or our mobile application or Luxelisthome.com's copyrights and trademarks;
    • provide inaccurate contact information or other information relative to your move or property;
    • harvest or otherwise collect information about users, including email addresses, without their consent;
    • offer Luxelisthome.com buyers and renters concessions less favorable than those offered to non-Luxelisthome.com renters;
    • transmit to Luxelisthome.com or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortuous, invasive of another's privacy, hateful, or otherwise objectionable; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  11. Reporting Intellectual Property Infringement

    Luxelisthome.com respects the intellectual property of others. If You believe that Your rights have been infringed by content appearing on our Website, please email us at info@Luxelisthome.com to notify our designated agent. Please include the words “”Notice of Infringement”” in the subject line of the email. We reserve the right to remove content for any reason.
  12. Links to Third-Party Websites

    Luxelisthome.com may contain links to websites operated by parties other than Luxelisthome.com. Such hyperlinks are provided for reference only. Luxelisthome.com does not control such websites and is not responsible for their contents. Luxelisthome.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators unless stated explicitly so by Luxelisthome.com. If you decide to access any of the third party sites linked to our website, you do so entirely at your own risk.
  13. General Disclaimer

    Although Luxelisthome.com has attempted to provide accurate information on the Website, Luxelisthome.com assumes no responsibility for the accuracy of the information. All information provided on Luxelisthome.com is provided "as is" with all faults without warranty of any kind, either express or implied. Luxelisthome.com hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
  14. Limitation on Liability

    Neither Luxelisthome.com, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any Luxelisthome.com advertisement, or damages from the use of or reliance on the information present on Luxelisthome.com, even if Luxelisthome.com has been advised of the possibility of such damages.
  15. Modification of the Website

    Luxelisthome.com (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website or mobile applications. Luxelisthome.com may discontinue or revise any or all aspects of the Website (or mobile application when available) in its sole discretion and without prior notice. Without limiting the foregoing, Luxelisthome.com reserves the right to change the terms, conditions, and notices under which this Website (or mobile application when available) are offered at any time. Unless otherwise provided in this Agreement, all amended terms automatically take effect upon acceptance for new users, or 30 days after they are posted on Luxelisthome.com for all other users. It is the responsibility of Sellers, Lessors and Buyers and Renters to check terms and conditions of this Agreement at the time of each use.
  16. Privacy

    We view the protection of users' privacy as a very important principle. We do not sell or rent personal information to third parties for their marketing purposes without explicit consent. We store and process all information we receive and use on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way, please do not use our services.
  17. Release

    Because Luxelisthome.com is an advertising venue, in the event that You have a dispute with one or more users, you release Luxe List, LLC and Luxelisthome.com, their respective parents, subsidiaries, and affiliates (and its respective officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
  18. Nature of Luxelisthome.com Services

    Luxelisthome.com operates a platform for Sellers and Lessors desiring to advertise residential rental properties for sale and/or for lease, and the advertisements on Luxelisthome.com are based on information provided by the Sellers, Lessors, their respective Realtor Professionals or other authorized agents. Accordingly, Luxelisthome.com is not responsible in any way for the content in any such advertisements, nor is Luxelisthome.com responsible for any matter whatsoever related to or arising out of any actual purchase or lease transaction between a potential Sellor-Buyer or a Lessor-Renter. Luxelisthome.com does not render legal, brokerage, or other professional advice or services to any Buyer, Seller Lessor or Renter customers.
  19. Services Not Provided

    Without limiting the generality of the foregoing, you acknowledge and agree as follows:
    1. Luxelisthome.com does not participate in any actual sale or lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on Luxelisthome.com an obligation to perform any services other than those expressly undertaken by Luxelisthome.com;
    2. Luxelisthome.com does not render legal, brokerage, or other professional advice or services. In the event you desire or need such services, Luxelisthome.com strongly advises you to secure the same;
    3. Luxelisthome.com is not undertaking any, and has no, duties to either Buyers or Sellers or Renters or Lessors, including, without limitation, the obligation to inspect for sale and rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Buyers or Renters;
    4. Luxelisthome.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using our Website;
    5. Luxelisthome.com does not guarantee the accuracy of any information available on Luxelisthome.com, and is not responsible for any errors, omissions, or misrepresentations, whether made by Sellers, Buyers, Lessors, Renters or otherwise and all information obtained on our Website must be verified independently;
    6. Luxelisthome.com may make changes to its products and/or services and our Website (or mobile applications, if applicable) at any time and without notifying You or receiving Your consent; and
    7. While Luxelisthome.com complies with applicable state and federal laws, including federal civil rights laws, Luxelisthome.com cannot guarantee that its users so comply. Accordingly, Luxelisthome.com assumes no liability for Sellers’ and/or Buyers’ or Renters' and/or Lessors' failures to comply with such laws.
  20. Indemnity

    You will indemnify and hold Luxe List, LLC and Luxelisthome.com (and our respective officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
  21. Default and Remedies

    Without limiting any other provision in this Agreement, in the event You default under this Agreement, including without limitation, by failing to pay us the specified advertising fees when due (if You are a Seller, Realtor Professional or Lessor), we will have the right to exercise any or all of the following remedies: (1) we can suspend any or all of Your advertisements from Luxelisthome.com ; (2) we can terminate this Agreement; (3) we can ban Your future use of Luxelisthome.com; (4) we can impose interest on Your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (5) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition Your continued use of Luxelisthome.com on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.
  22. Resolution of Disputes

    If a dispute arises between You and Luxelisthome.com, our goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and Luxelisthome.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing.
    • Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against Luxelisthome.com must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for the purpose of litigating all such Claims or disputes.
    • Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    • Improperly Filed Claims. All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, Luxelisthome.com may recover its reasonable attorneys' fees and costs up from you, provided that Luxelisthome.com has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
  23. Notices

    Except as explicitly stated otherwise, legal notices shall be served on Luxe List, LLC or Luxelisthome.com by service upon Luxe List LLC’s registered agent for service of process(in our case) If You are a Seller or Lessor, we may give You legal notice by mail to the address provided during the membership enrollment and registration process, if applicable. In such case, notice shall be deemed given three days after the date of mailing.
  24. General

    By using our Website and agreeing to these Terms of Use, you are also agreeing to abide by our various policies posted on Luxelisthome.com. Luxelisthome.com reserves the right to refuse service to anyone and to terminate a user’s, Sellers or Lessors account at any time. Luxelisthome.com is located at 8447 Wilshire Blvd, Suite 402, Beverly Hills, CA 90211. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 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. Luxelisthome.com may rely on your electronic signature to create a binding valid agreement. From time to time Luxelisthome.com may send facsimiles or emails regarding its products and services, or may call customers regarding Luxelisthome.com's products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls. The following Sections and policies survive any termination of this Agreement: Fees and Services (with regard to any fees you owe us), Release, Content License, Limitation on Liability, Indemnity and Resolution of Disputes, Default and Remedies.

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