Welcome to ListReports®! Our mission is to make buying and selling a home a truly delightful experience. We’re happy that you are part of our community, and we hope that you enjoy what ListReports has to offer. Now, on to the details:
Please read these Terms of Service (“Terms”) carefully, they contain important information about your legal rights, remedies, and obligations. In particular, Section 13 of these Terms contains an arbitration clause and class action waiver that applies to all disputes between you and ListReports. OUR SITE , APPLICATION, AND LR SERVICES ARE INTENDED FOR USE ONLY IN THE UNITED STATES OF AMERICA (USA). ALL OTHER USE IS PROHIBITED.
A Note to Home Buyers and Sellers (“Consumers”). Welcome to the LR Platform. As described in this Section, this Agreement applies to you and your access and use of our LR Platform, excluding Section II which pertains to real estate professionals. Other than Section II, the use of the term “You” or “Member” also refers to you, the Consumer.
Acceptance: You accept and agree to comply with this Agreement by (1) clicking a box indicating acceptance, (2) accepting a Supplemental Agreement that expressly incorporates these Terms into that Agreement, (3) clicking a registration or new account submission button, or (4) otherwise accessing or using our LR Platform. If you are accepting this Agreement as part of a Supplemental Agreement between your company, affiliate, or other entity and ListReports (an “Enterprise Contract”), you represent that you have the authority to bind your entity, its employees, and affiliates to this Agreement, in which case the term “You” or “Member” will also refer to the entity’s employees and affiliates.
Changes to this Agreement. ListReports reserves the right to modify this Agreement at any time in accordance with this provision. If we make changes to this Agreement, we will post the revised Terms on the Site and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications at least fourteen (14) days before the date they become effective. Your continued access to, or use of, our LR Platform will constitute acceptance of the Terms or any revised terms that may be posted. If at any time you disagree with the Terms, you may terminate this Agreement with immediate effect by ceasing to use the LR Platform and taking action to terminate your account. This Agreement may not be modified unless expressly agreed to in writing by ListReports.
I. LR Services
ListReports Services are designed to make the home buying and selling process more efficient and, dare we say, delightful.
As a Member, you have a limited license to use the LR Platform in the manner described in this Agreement. We’re constantly improving our LR Platform and so they may change over time and some features may be discontinued. We want to make our services available to you 24/7, but things happen that may make our LR Platform unavailable. Our LR Platform may link to Third Party Services - we’re not responsible for those services and we don’t endorse them.
- LR Services. ListReports serves home buyers and sellers (“Consumers”) and residential real estate service providers, including real estate agents and brokers (collectively, “Agents”); mortgage originators, lenders, and brokers (collectively, “Lenders”); title/escrow agents, brokers, underwriters, and their representatives (collectively, “Title Reps”); the companies for which they work; the businesses providing residential real estate services with whom they work; and real estate professionals involved in residential real estate sales and financing (collectively, “Real Estate Professionals” and together with Consumers, “Members”). The LR Services we provide to our Members consist primarily of (1) a digital, collaborative platform to discover, evaluate and choose homes on the market, where Consumers and Real Estate Professionals work collaboratively (our Robin products and services); (2) timely notifications, real estate listing data, market information, and analytics designed to streamline the home buying process (“Market Insights”); (3) the opportunity to develop meaningful connections, expand their network, and manage relationships among Members on the LR Platform; and (4) for Real Estate Professionals, high quality, automated, real estate marketing collateral and services to deploy before, during, and after the home buying process (“Marketing Collateral”).
- Limited License. The LR Services are licensed to you, not sold. During the Term, and subject to the terms of this Agreement, ListReports grants you a non-exclusive, limited, revocable, non-transferable, non-sublicensable, license to use the LR Services and our LR Platform, and download the Application on your personal device(s), solely for your use as a Member. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ListReports or its licensors, except for the licenses and rights expressly granted in these Terms.
- Licensed Data. ListReports licenses data and information from third party sources in order to deliver certain LR Services, including aspects of our Market Insights (“Licensed Data”). You acknowledge and agree that the Licensed Data is provided on an “as is, as available” basis with all limitations, faults, and defects. Unless granted express permission, you are not authorized to resell, relicense, or redistribute Licensed Data in any manner. ListReports does not make any warranties, express or implied, on the completeness of the data or its accuracy, or whether a particular geographic market is covered, or to what extent, by the Licensed Data. Neither ListReports nor its third party data providers are responsible for errors, omissions, miscalculations, misrepresentations of value, or delays in displaying the Licensed Data. Any use of the Licensed Data or Market Insights by a Member is at their own risk.
- Changes to the LR Services. ListReports reserves the right, in its sole discretion with or without notice to you, to change, improve, enhance, correct, modify, or add new features to our Site, Application, and/or LR Services or to suspend, discontinue, or limit access to our Site, Application, and/or a LR Service at any time. ListReports does not guarantee that the Site, Application, and/or LR Services will include the same features or functionality in future releases of the LR Platform. ListReports may decide, in its sole discretion, to add or develop additional products, services, or features to include in our LR Services, including our premium services, or may offer them as separate or upgraded features.
- Interruptions to LR Services. Due to the nature of the Internet, ListReports cannot guarantee the continuous and uninterrupted availability and accessibility of our LR Platform. ListReports may restrict the availability of our LR Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of our LR Platform.
- Third Party Services. Our LR Platform may contain links to third-party websites or resources (“Third-Party Services”), including the Advertisements and Affiliate Partnerships described above in Section 1.4. Such Third-Party Services may be subject to different terms and conditions and privacy practices. ListReports is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by ListReports of such Third-Party Services.
- Member Relationship with ListReports. If you choose to access and use our LR Platform, your relationship with ListReports is limited to that of an independent business relationship and not an employee, agent, joint venturer, or partner of ListReports for any reason, and you act exclusively on your own behalf and for your own benefit. ListReports does not, and will not be deemed to, direct or control you generally or in your use of the LR Services under this Agreement. LISTREPORTS DOES NOT PROVIDE FINANCIAL OR REAL ESTATE ADVICE, AND ITS SITE AND LR SERVICES ARE NOT INTENDED FOR SUCH USE. ListReports assumes no responsibility for action or inaction that Members or their clients take based on the LR Services or any other information available through or in connection with our LR Platform.
- No Endorsement. You acknowledge and agree that a Member’s use of and participation in the LR Platform, is in no way deemed as a direct or implied endorsement of that Member by ListReports.
II. Additional LR Services for Real Estate Professionals
As a Real Estate Professional, you’ll have access to industry leading LR Services and the opportunity to develop relationships among other Real Estate Professionals on the LR Platform.
We hope you create one of these Paired relationships, but it is entirely up to you. If you do so, keep in mind that: (a) no Member is required to Pair with you; (b) you and the Member with whom you are Paired are free to exit any time; (c) Once a Pairing is canceled, that Member is free to create a new Pairing with a different Member; and (d) your use of our Services is in no way contingent on any one Member providing a service, payment, or benefit to you.
You agree to never give or receive anything of value in exchange for the referral of business while using the LR Services in violation of RESPA or Reg X. You agree to be in compliance with all applicable laws and license requirements.
- Paired Relationships
- Pairing & RESPA Compliance. As a Real Estate Professional, when you connect with another Real Estate Professional (“REP,” for short) on the LR Platform, we call this a “Pairing.” REPs are free to initiate or accept an invitation to Pair with another REP, at their own discretion. ListReports does not endorse any particular REP, Pairing, or settlement services provider. REPs are not required to endorse, refer, or recommend any REP or settlement services provider in order to utilize the LR Platform. ListReports does not direct or require any REP to pair with any particular REP or to form any sort of relationship between REPs; it is up to the REPs, at their own discretion, to establish such a relationship which must be limited to REPs promoting their own products and services. REPs should exercise due diligence and care when deciding whether to Pair and with whom to Pair. As a REP, you represent and warrant that you will not use the LR Services in a manner that conditions any other REP, or third party, to give or receive any thing of value in exchange for the referral of real estate settlement services, nor will you be a party to a real or implied agreement to do so. You further represent and warrant that any consideration you provide to access and use the LR Platform, including your membership to and use of the LR Platform, is made by you, and no other Member, directly to ListReports. REPs remain solely responsible and liable for their conduct on or through our LR Platform, and for their conduct offline.
- Activity. When Paired, you acknowledge and agree that certain activities on the LR Platform will be shared with your Paired Members (for example, when an Agent utilizes our Shareables product, their paired Lender may be notified of that activity).
- Cancelling the Pairing. Once a Pairing has been established, the REP is free to Unpair at any time. Likewise, once Un-Paired, a REP is free to Pair with another REP at any time. The ability to freely enter into and exit from a Pairing is an essential component of our LR Platform. As a REP, you acknowledge and agree that your access and use of our LR Platform is in no way contingent on any one REP (1) Pairing with you, (2) remaining Paired with you, or (3) providing a service, payment or benefit to you. As a REP, when your LR Account is canceled or otherwise terminated, all Pairings will also be canceled. You agree that ListReports may facilitate the termination and/or creation of Paired relationships between its REPs at its sole and absolute discretion.
- Marketing Collateral. ListReports provides REPs high quality, automated, Marketing Collateral to deploy before, during, and after the home buying process. ListReports’ Marketing Collateral is provided free of charge, unless specifically identified on the LR Platform.
- New & Edited Real Estate Listing Marketing Collateral. Agents have the ability to either (a) automate the creation of certain real estate listing Marketing Collateral by identifying the MLS Listing Number, or (b) create and/or edit Marketing Collateral by manually inputting property listing information. In addition, ListReports may automatically create new Marketing Collateral when we identify that you have listed a new property. In all cases, as an Agent, you represent and warrant that you (i) are the listing agent affiliated with that property or have been granted permission by the listing agent to share and market this property and (ii) have the consent of all applicable parties to access and use the listing details, including listing details and photos, in order to share and market the property, including the applicable MLS and home seller.
- Branding on Marketing Collateral. As part of the LR Services, ListReports allows Members the opportunity to brand ListReports Marketing Collateral with their Public Profile information. By utilizing these LR Services, you acknowledge and agree that ListReports may also include Public Profile information of other REPs, with whom you have Paired, in close proximity to or in tandem with your Public Profile information on our Marketing Collateral.
- Robin. As a collaborative suite of products and services, in most cases, REPs must Pair with one another to access Robin. In addition, in order to access and use Robin, REPs must (1) accept the Robin Acceptable Use Policy; (2) upload and agree to share their consumer lead information with ListReports and their Paired REP; (3) agree to co-branded Marketing Collateral; (4) diligently and professionally respond to Consumer inquiries; and (5) refrain from sharing Consumer loan-related information through the LR Platform.
- No Referrals Permitted. You represent and warrant that you shall not use the LR Platform in order to engage in any activity that would constitute an unlawful “referral of business” as defined by the Real Estate Settlement Procedures Act of 1974 (“RESPA”) and Regulation X, and that your use of the LR Platform shall not cause you to either give or receive anything of value in exchange for the referral of business opportunities. Further, you acknowledge and agree that any fee you pay to ListReports (for example, for a paid subscription for the LR Services identified in Section II.1), is limited to the fair market value of the LR Services provided to you and does not represent any payment of a fee, kickback, or other thing of value for the referral of settlement services.
- Compliance. When accessing or using the LR Platform, you agree to comply with all applicable laws and regulations governing residential real estate sales and financing, including, but not limited to, the Truth in Lending Act, RESPA, the Gramm Leach Bliley Act, the Fair Credit Reporting Act, and applicable laws regarding fair lending and equal housing opportunity. You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of our LR Platform. Further, if required by applicable law to be licensed as a “mortgage originator,” or real estate agent or broker, or title/escrow agent or broker, then you represent and warrant that you have such valid licensure and that you will maintain your license(s) and otherwise be in good standing during the Term of this Agreement. In addition, you agree that ListReports may, at its sole discretion and to the extent permitted by law, access, preserve, and disclose your Member Content, Public Profile, usage history, and the use of our Marketing Collateral in order to (a) comply with any applicable law, regulation, legal process, or government request; (b) respond to claims that any such usage violates applicable legal guidelines or the rights of third parties; and (c) enforce this Agreement.