ListingRisk Terms of Service
Last Updated: March 14, 2026
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING LISTINGRISK. BY CREATING AN ACCOUNT, ACCESSING, OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICE.
NOTICE REGARDING ARBITRATION: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN SECTION 15.
TABLE OF CONTENTS
1. Introduction and Acceptance
2. Definitions
3. Eligibility and Account Registration
5. Subscription Plans, Pricing, and Payment
6. Automatic Renewal and Cancellation
7. Free Trial
9. Third-Party Data and Services
10. Real Estate and Investment Disclaimers
11. Intellectual Property Rights
13. Privacy and Data Protection
16. Indemnification
17. Dispute Resolution and Arbitration
18. Account Suspension and Termination
19. Modifications to Service and Terms
20. Governing Law
1. INTRODUCTION AND ACCEPTANCE
1.1 Agreement
These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and LISTINGRISK LLC, a Georgia [corporation/limited liability company] doing business as ListingRisk ("ListingRisk," "Company," "we," "us," "our"). These Terms govern your access to and use of the ListingRisk website located at [WEBSITE URL] (the "Website"), our mobile applications (the "App"), and all related services, features, content, and functionality (collectively, the "Service").
1.2 Acceptance of Terms
By accessing or using the Service, creating an account, clicking a button or checkbox indicating your acceptance, or otherwise manifesting your assent to these Terms, you represent that:
(a) You have read, understood, and agree to be bound by these Terms;
(b) You are at least 18 years of age;
(c) You have the legal capacity to enter into a binding agreement; and
(d) If you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms.
1.3 Additional Terms
Certain features of the Service may be subject to additional terms and conditions, which will be presented to you at the time you access those features. Such additional terms are incorporated by reference into these Terms.
2. DEFINITIONS
For purposes of these Terms, the following definitions apply:
"Account" means the user account you create to access and use the Service.
"Content" means any information, data, text, graphics, photographs, images, audio, video, or other materials.
"Personal Data" means any information relating to an identified or identifiable natural person, as further defined in our Privacy Policy.
"Property Data" means real estate property information, assessments, valuations, risk assessments, and other property-related data provided through the Service.
"Subscription" means your paid or trial access to the Service pursuant to a selected subscription plan.
"Third-Party Data" means data, information, and content obtained from third-party data providers and integrated into the Service.
"User Content" means any Content that you submit, post, upload, or otherwise transmit through the Service.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 Eligibility Requirements
To use the Service, you must:
(a) Be at least 18 years of age;
(b) Be a resident of the continental United States;
(c) Have the legal capacity to form a binding contract;
(d) Not be barred from receiving the Service under applicable law; and
(e) Not have previously had your Account terminated by ListingRisk.
3.2 Geographic Limitations
The Service is available only to users located in the continental United States. The Property Data and risk assessments provided through the Service cover only properties located within the continental United States. We make no representations that the Service is appropriate or available for use in other locations.
3.3 Account Creation
To access certain features of the Service, you must create an Account. When creating your Account, you agree to:
(a) Provide accurate, current, and complete information;
(b) Maintain and promptly update your Account information;
(c) Maintain the security and confidentiality of your login credentials;
(d) Accept responsibility for all activities that occur under your Account;
(e) Immediately notify us of any unauthorized use of your Account; and
(f) Not share your Account credentials with any third party.
3.4 Account Security
You are solely responsible for maintaining the confidentiality of your Account credentials and for restricting access to your devices. You agree to accept responsibility for all activities that occur under your Account. ListingRisk will not be liable for any loss or damage arising from your failure to comply with this Section.
3.5 One Account Per User
Each individual may maintain only one Account. If we discover that you have multiple Accounts, we reserve the right to merge or terminate such Accounts at our discretion.
4. DESCRIPTION OF SERVICE
4.1 Service Overview
ListingRisk is a software-as-a-service (SaaS) data aggregation and risk discovery platform designed to assist real estate investors, realtors, property flippers, and home buyers in researching real estate investment opportunities. The Service provides:
(a) Property Search and Discovery: Tools to search and discover properties using various criteria and filters;
(b) Property Analysis: Detailed property information, including tax records, deed history, and market valuations derived from third-party sources;
(c) Risk Discovery: Aggregation and presentation of risk indicators—including flood zone data, environmental hazards, crime statistics, property age factors, and other potential concerns—to help users identify areas warranting further investigation. These risk indicators are derived from authoritative third-party data sources and are intended to inform due diligence, not replace professional inspection or assessment;
(d) Investment Metrics: Calculators and tools for estimating potential investment returns based on user inputs and available data; and
(e) Data Aggregation: Consolidated access to property data from multiple third-party sources, saving users the time of researching each source individually.
Important: ListingRisk is a research and discovery tool. While we aggregate data from authoritative sources to surface potential risk factors that may not be immediately apparent, we do not physically inspect properties, guarantee data accuracy, or make investment recommendations. All information should be independently verified before making any investment decision.
4.2 Service Availability
We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:
(a) Scheduled maintenance (we will endeavor to provide advance notice when practicable);
(b) Unscheduled emergency maintenance;
(c) System failures or technical difficulties;
(d) Circumstances beyond our reasonable control; or
(e) Third-party service provider outages.
4.3 Service Modifications
We reserve the right to modify, update, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
5. SUBSCRIPTION PLANS, PRICING, AND PAYMENT
5.1 Subscription Plans
ListingRisk offers the following subscription plans:
Plan
Price
Billing Cycle
Included Searches
Monthly
$29.99 per month
Billed monthly
Includes 25 property searches per month
Annual
$299.90 per year
Billed annually (equivalent to $24.99/month)
Includes 25 property searches per month
Search Top-Offs: If you exhaust your monthly search allowance, additional searches may be purchased:
Top-Off Pack
Price
10 additional property searches
$4.99
25 additional property searches
$9.99
Unused searches do not roll over to subsequent billing periods.
Enterprise Plans: ListingRisk offers enterprise plans for teams and organizations with higher-volume screening needs. Enterprise plans include increased search limits, multiple team seats, batch CSV upload, and dedicated support. For enterprise pricing and plan details, contact sales@listingrisk.com
All prices are in United States Dollars (USD) and are subject to change. Current pricing is always available at https://www.listingrisk.com/pricing
5.2 Free Trial
New users may be eligible for a free trial as described in Section 7 of these Terms.
5.3 Payment Terms
(a) Payment Methods: We accept major credit cards (Visa, MasterCard, American Express, Discover) and other payment methods as displayed on our Website.
(b) Billing: Subscription fees are billed in advance on a recurring basis according to your selected billing cycle (monthly or annually). By subscribing, you authorize us to charge your designated payment method for the applicable fees.
(c) Payment Authorization: You represent and warrant that you are authorized to use the designated payment method and authorize us to charge that payment method for the total amount of your Subscription (including any applicable taxes and fees).
(d) Billing Date: Your billing date is the date you initially subscribe or convert from a free trial, and subsequent billing will occur on the same date each billing cycle (or the nearest date if the original date does not exist in a subsequent month).
5.4 Service Access
The Service is accessible only through the ListingRisk web application and authorized batch upload features. ListingRisk does not provide a public API, and programmatic access to the Service is not permitted except through features expressly provided within the application.
5.5 Taxes
Subscription fees are exclusive of any applicable sales, use, value-added, or other taxes, duties, or assessments. You are responsible for paying all such taxes associated with your Subscription, excluding taxes based on ListingRisk's net income.
5.6 Price Changes
We reserve the right to change our subscription prices at any time. Any price changes will:
(a) Be communicated to you at least thirty (30) days before taking effect;
(b) Apply to billing cycles beginning after the price change effective date; and
(c) Not affect any prepaid subscription period.
If you do not agree to a price change, you may cancel your Subscription before the price change takes effect.
5.7 Failed Payments
If a payment fails, we will attempt to process the payment multiple times. If we are unable to collect payment:
(a) We may suspend your access to the Service;
(b) We may downgrade your Account to a limited access tier;
(c) We may terminate your Account after providing notice; and
(d) You remain responsible for all outstanding fees.
5.8 Refunds
General Policy: Subscription fees are generally non-refundable except as expressly set forth herein or as required by applicable law.
Exceptions:
(a) If we terminate your Account without cause during a paid subscription period, you may be entitled to a pro-rata refund for the unused portion of your subscription;
(b) If required by applicable law; or
(c) At our sole discretion in response to a valid refund request.
To request a refund, please contact us at support@listingrisk.com.
6. AUTOMATIC RENEWAL AND CANCELLATION
6.1 Automatic Renewal Disclosure
IMPORTANT NOTICE: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE UNLESS YOU CANCEL BEFORE THE RENEWAL DATE.
By subscribing to ListingRisk, you expressly acknowledge and agree that:
(a) Your Subscription will automatically renew at the end of each billing cycle (monthly or annually, depending on your plan);
(b) You will be charged the then-current subscription fee at the beginning of each renewal period;
(c) You must actively cancel your Subscription to stop automatic renewal charges;
(d) Automatic renewal will continue until you cancel your Subscription; and
(e) Your payment method will be charged automatically on your renewal date.
6.2 Renewal Pricing
Your Subscription will renew at the current subscription rate in effect at the time of renewal, which may differ from your original subscription rate. We will provide notice of any price increases at least thirty (30) days before your
renewal date. By maintaining an active Subscription, you acknowledge that renewal pricing is not guaranteed to remain the same and may increase between billing periods.
6.3 Cancellation Rights
You may cancel your Subscription at any time through any of the following methods:
(a) Online: Log into your Account and navigate to Account Settings > Subscription > Cancel Subscription;
(b) Mobile App: Access Settings > Manage Subscription > Cancel;
(c) Email: Send a cancellation request to support@listingrisk.com; or
(d) Phone: Call (770) 750-4461 and leave a message.
We will process cancellation requests within one (1) business day of receipt.
6.4 Cancellation Process
When you cancel your Subscription:
(a) Your access to paid features will continue until the end of your current billing period;
(b) You will not receive a refund for any unused portion of your current billing period (unless required by law);
(c) Your Account will remain active with limited free-tier access (if available); and
(d) We will send confirmation of your cancellation via email.
6.5 Resubscription
If you cancel and later wish to resubscribe, you may do so at the then-current subscription rates. Previous subscription rates, discounts, or promotional offers may not be honored.
7. FREE TRIAL
7.1 Free Trial Offer
New users may be eligible for a seven (7) day free trial of the Service. The free trial provides full access to all subscription features during the trial period.
7.2 Free Trial Requirements
To start a free trial, you must:
(a) Create a ListingRisk Account;
(b) Provide valid payment information; and
(c) Not have previously used a free trial on any ListingRisk Account.
7.3 Free Trial Conversion
IMPORTANT NOTICE REGARDING FREE TRIAL CONVERSION:
(a) Automatic Conversion: Unless you cancel before the end of your free trial period, your free trial will automatically convert to a paid monthly Subscription ($29.99/month);
(b) Charge Date: Your payment method will be charged on the day following the end of your free trial period;
(c) Reminder Notice: We will send you a reminder email at least three (3) days before your free trial ends; and
(d) Cancellation: To avoid being charged, you must cancel before 11:59 PM Eastern Time on the last day of your free trial.
7.4 Trial Limitations
(a) Free trials are limited to one per person, household, or payment method;
(b) We reserve the right to modify or terminate the free trial offer at any time;
(c) We may require verification to prevent trial abuse; and
(d) Abuse of free trial offers may result in Account termination.
7.5 Promotional Offers and Pre-Launch Reservations
From time to time, ListingRisk may offer promotional trial periods, pre-launch reservations, or other introductory offers with terms that differ from the standard free trial described above. The specific terms of any promotional offer — including trial duration, billing start date, and conversion terms — will be communicated at the time of enrollment. In the event of any conflict between this Section 7 and the terms of a specific promotional offer, the terms of the promotional offer shall control.
7A. REFERRAL PROGRAM
7A.1 Referral Program Overview
ListingRisk may offer a referral program that allows eligible subscribers to earn rewards by referring new users to the Service. Participation in the referral program is subject to the terms of this Section.
7A.2 Eligibility
The referral program is available to individual subscribers only (Monthly or Annual plans). Enterprise plan subscribers are not eligible for the referral program.
7A.3 Referral Rewards
(a) Monthly Subscribers: For each qualifying referral, the referring subscriber will receive one (1) free month of service, applied as a $0.00 charge on their next invoice;
(b) Annual Subscribers: For each qualifying referral, the referring subscriber will receive a $24.99 credit applied to their Stripe account balance toward their next annual renewal;
(c) Cap: Referral rewards are limited to three (3) per subscriber per calendar year;
(d) Non-Transferable: Referral rewards are non-transferable and have no cash value. Rewards cannot be exchanged for cash, transferred to another user, or applied to any product or service other than a ListingRisk subscription.
7A.4 Qualifying Referrals
A referral qualifies for a reward when:
(a) The referred user creates a new ListingRisk Account using the referring subscriber's unique referral link or code;
(b) The referred user subscribes to a paid plan (Monthly or Annual);
(c) The referred user maintains an active, paid subscription for at least thirty (30) consecutive days; and
(d) The referred user has not previously held a ListingRisk Account.
7A.5 Program Modifications
ListingRisk reserves the right to modify, suspend, or discontinue the referral program at any time, with or without notice. Any earned but uncredited referral rewards at the time of program modification will be honored.
7A.6 Abuse and Fraud
ListingRisk reserves the right to withhold or revoke referral rewards if it determines, in its sole discretion, that a referral was obtained through fraud, self-referral, manipulation, or any violation of these Terms. Creating multiple Accounts to generate referral rewards is prohibited and may result in Account termination.
8. ACCEPTABLE USE POLICY
8.1 Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms. The Service is intended for:
(a) Personal use in researching and analyzing real estate investment opportunities;
(b) Professional use by licensed real estate professionals in serving their clients; and
(c) Business use by entities engaged in legitimate real estate investment activities.
8.2 Prohibited Activities
You agree not to use the Service to:
Illegal Activities:
(a) Violate any applicable federal, state, local, or international law or regulation;
(b) Engage in fraud, money laundering, or other financial crimes;
(c) Discriminate against protected classes in violation of fair housing laws; or
(d) Facilitate illegal transactions or activities.
Harmful Content and Conduct:
(e) Upload, transmit, or distribute any viruses, malware, or other harmful code;
(f) Interfere with or disrupt the Service or servers or networks connected to the Service;
(g) Attempt to gain unauthorized access to any part of the Service or other systems;
(h) Engage in any conduct that restricts or inhibits anyone's use of the Service; or
(i) Harass, abuse, or harm another person or entity.
Intellectual Property Violations:
(j) Infringe upon the intellectual property rights of ListingRisk or any third party;
(k) Copy, reproduce, distribute, or create derivative works of the Service;
(l) Reverse engineer, decompile, or disassemble any portion of the Service; or
(m) Remove any proprietary notices or labels on the Service.
Data Misuse:
(n) Use any data mining, robots, or similar data gathering devices on the Service;
(o) Scrape, harvest, or collect information from the Service without authorization;
(p) Create a database by downloading and storing Service content;
(q) Use Property Data to compile mailing lists for spam or unsolicited marketing;
(r) Resell, redistribute, or commercialize Property Data or any portion of the Service; or
(s) Use the Service to compete with ListingRisk or build a competing product.
Account Violations:
(t) Create multiple Accounts or share Account credentials;
(u) Impersonate any person or entity;
(v) Provide false information when creating an Account; or
(w) Use another person's Account without authorization.
8.3 Rate Limiting and Fair Use
To ensure fair access for all users, we may implement rate limits on searches and data requests. Each subscription plan includes a defined number of property searches per month as described in Section 5.1. Excessive usage that impacts system performance or other users may result in temporary restrictions on your Account.
8.4 Monitoring and Enforcement
We reserve the right (but have no obligation) to:
(a) Monitor use of the Service for violations of these Terms;
(b) Investigate suspected violations;
(c) Remove or disable access to any Content that violates these Terms;
(d) Suspend or terminate Accounts engaged in prohibited activities; and
(e) Report illegal activities to appropriate authorities.
9. THIRD-PARTY DATA AND SERVICES
9.1 Third-Party Data Sources
The Service incorporates data from various third-party sources, including but not limited to:
(a) ATTOM Data Solutions: Property characteristics, tax assessments, sales history, listing data, listing photos, and MLS feed data;
(b) Parcl Labs: Investor concentration analytics, market trends, and submarket data;
(c) Realie.ai: Property details including structural data, property features, and condition information;
(d) Federal Emergency Management Agency (FEMA): Flood zone designations (National Flood Hazard Layer), National Risk Index scores covering 18 natural hazard types;
(e) Environmental Protection Agency (EPA): Superfund site locations (National Priorities List), brownfield sites, and radon zone data;
(f) Federal Bureau of Investigation (FBI): Crime statistics from the Uniform Crime Reporting (UCR) Program;
(g) U.S. Census Bureau: Demographic data from the American Community Survey (ACS) and decennial census;
(h) Google Maps Platform: Geocoding, mapping, and location services; and
(i) Other Data Providers: Various other sources as may be identified within the Service.
9.2 Third-Party Data Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT:
(a) Third-Party Data is provided "as is" and "as available" without warranties of any kind;
(b) ListingRisk does not independently verify the accuracy, completeness, or timeliness of Third-Party Data;
(c) Third-Party Data may contain errors, omissions, or inaccuracies;
(d) Third-Party Data may not be current or may be updated infrequently;
(e) ListingRisk is not responsible for the content, accuracy, or availability of Third-Party Data;
(f) Third-party providers may change, modify, or discontinue their data feeds at any time; and
(g) Your use of Third-Party Data is subject to the terms and conditions of the original data providers.
9.3 Data Attribution
The following attributions apply to data used in the Service:
(a) ATTOM Data Solutions: Property data, including property characteristics, tax assessments, sales history, listing photos, MLS feed data, and property valuations, is provided by ATTOM Data Solutions. ATTOM data is deemed reliable but not guaranteed. ATTOM and its data suppliers make no warranty as to the accuracy of the data.
(b) Parcl Labs: Investor concentration data, market analytics, and submarket trend data are provided by Parcl Labs. Parcl Labs data is deemed reliable but not guaranteed.
(c) Realie.ai: Property details including structural characteristics, property features, and condition data are provided by Realie.ai. Realie.ai data is deemed reliable but not guaranteed.
(d) FEMA: Flood risk data is derived from FEMA's National Flood Hazard Layer (NFHL) and related flood mapping products. Natural disaster risk scores are derived from FEMA's National Risk Index (NRI), covering 18 natural hazard types at the census-tract level. FEMA data is provided by the Federal Emergency Management Agency, is subject to change, and is provided in accordance with OpenFEMA Terms and Conditions.
(e) EPA: Environmental risk data is derived from the Environmental Protection Agency's Superfund program (National Priorities List), Brownfields program, and radon zone mapping. EPA data is publicly available and subject to change.
(f) FBI Crime Data: Crime statistics are derived from the FBI's Uniform Crime Reporting (UCR) Program and related data sources. Crime data represents reported crimes and may not reflect all criminal activity in an area.
(g) U.S. Census Bureau: Demographic and socioeconomic data is derived from the American Community Survey (ACS) and other Census Bureau products. Census data is publicly available and subject to periodic revision.
(h) Google Maps Platform: Geocoding, mapping, and location data are provided by Google Maps Platform, subject to Google's Terms of Service.
9.4 Restrictions on Third-Party Data
You agree that you will not:
(a) Use Third-Party Data to create or enhance any database for resale or distribution;
(b) Redistribute, resell, or sublicense Third-Party Data to any third party;
(c) Use Third-Party Data in a manner that violates the terms of the original data providers;
(d) Remove or alter any proprietary notices or attributions on Third-Party Data; or
(e) Use Third-Party Data for any purpose other than personal or internal business use.
9.5 Third-Party Links and Services
The Service may contain links to third-party websites, services, or resources. These links are provided for your convenience only. We do not endorse and are not responsible for the content, products, or services on or available from third-party websites or resources.
10. REAL ESTATE AND INVESTMENT DISCLAIMERS
10.1 Not Professional Advice
IMPORTANT DISCLAIMER:
THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY. LISTINGRISK DOES NOT PROVIDE, AND NOTHING IN THE SERVICE CONSTITUTES:
(a) Investment advice or recommendations to buy, sell, or hold any property;
(b) Financial advice regarding loans, mortgages, or financing;
(c) Legal advice regarding real estate transactions, contracts, or disputes;
(d) Tax advice regarding property taxes, deductions, or tax implications;
(e) Appraisal services or formal property valuations;
(f) Home inspection services or condition assessments; or
(g) Real estate brokerage services (unless explicitly stated and properly licensed).
10.2 Consult Licensed Professionals
Before making any real estate investment decision, you should consult with appropriate licensed professionals, including but not limited to:
(a) Licensed real estate agents or brokers;
(b) Licensed real estate appraisers;
(c) Licensed home inspectors;
(d) Real estate attorneys;
(e) Certified public accountants (CPAs) or tax advisors;
(f) Financial advisors or investment professionals;
(g) Insurance agents or brokers; and
(h) Environmental consultants or engineers.
10.3 No Guarantee of Results
LISTINGRISK MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING:
(a) The accuracy of property valuations, estimates, or projections;
(b) Future property values, rental income, or investment returns;
(c) The accuracy or completeness of risk assessments;
(d) The condition, quality, or habitability of any property;
(e) The accuracy of property boundaries, square footage, or lot sizes;
(f) The legal status, title, or ownership of any property;
(g) The availability of financing or mortgage approval; or
(h) Any other aspect of a real estate transaction.
10.4 Investment Risk Disclaimer
REAL ESTATE INVESTING INVOLVES SUBSTANTIAL RISK. YOU ACKNOWLEDGE AND AGREE THAT:
(a) Past performance does not guarantee future results;
(b) Property values may decrease as well as increase;
(c) Rental income projections are estimates only and may not be achieved;
(d) Real estate investments are illiquid and may be difficult to sell;
(e) Market conditions, economic factors, and other variables can significantly impact investment returns;
(f) You may lose some or all of your investment;
(g) Projections and forward-looking statements contained in the Service may not occur; and
(h) You are solely responsible for your investment decisions and their consequences.
10.5 Data Accuracy Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT:
(a) Property Data is derived from third-party sources and public records that may contain errors;
(b) Property Data may not be current or may be updated infrequently;
(c) Property characteristics (square footage, lot size, room counts, etc.) should be independently verified;
(d) Tax assessments and valuations may not reflect true market value;
(e) Risk assessments (flood, environmental, crime, etc.) are estimates based on available data and may not reflect actual conditions;
(f) Crime statistics represent reported crimes and may not reflect all criminal activity;
(g) Flood zone designations may change and may not predict actual flood risk;
(h) Environmental risk data may not include all potential hazards; and
(i) You should conduct your own due diligence and independent verification before making any investment decision.
10.6 Your Responsibility
You are solely responsible for:
(a) Conducting your own due diligence on any property;
(b) Independently verifying all information before making decisions;
(c) Obtaining appropriate professional advice;
(d) Understanding the risks associated with real estate investing;
(e) Making your own investment decisions; and
(f) All consequences of your investment decisions.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 ListingRisk Intellectual Property
The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, audio, design, selection, and arrangement) are owned by ListingRisk, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
11.2 Limited License
Subject to your compliance with these Terms, ListingRisk grants you a limited, non-exclusive, non-transferable, revocable license to:
(a) Access and use the Service for your personal or internal business purposes; and
(b) View, download, and print Property Data for your personal or internal business purposes.
This license does not include the right to:
(a) Modify, copy, or create derivative works of the Service;
(b) Sublicense, sell, resell, or distribute the Service;
(c) Use the Service to build a competitive product;
(d) Use the Service for any commercial purpose not expressly permitted; or
(e) Access the Service by any means other than through our provided interfaces.
11.3 Trademarks
"ListingRisk," the ListingRisk logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LISTINGRISK LLC or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
11.4 User Content License
By submitting, posting, or displaying User Content on or through the Service, you grant ListingRisk a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Service.
11.5 Feedback
If you provide any feedback, suggestions, or ideas about the Service ("Feedback"), you hereby assign to ListingRisk all rights in such Feedback and agree that ListingRisk shall have the right to use and fully exploit such Feedback without restriction and without any compensation to you.
12. DMCA COPYRIGHT POLICY
12.1 Respect for Intellectual Property
ListingRisk respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
12.2 DMCA Takedown Notices
If you believe that any content on the Service infringes your copyright, please send a notice containing the following information to our designated Copyright Agent:
(a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the material claimed to be infringing, including its location on the Service;
(d) Your contact information, including address, telephone number, and email;
(e) A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
12.3 Copyright Agent
Our designated Copyright Agent for notice of claims of copyright infringement is:
Copyright Agent: LISTINGRISK LLC
Address: 8735 Dunwoody Place, Suite N
Atlanta, GA 30350
Email: support
Phone: (770) 750-4461
12.4 Counter-Notification
If you believe that your content was wrongly removed due to a DMCA notice, you may submit a counter-notification containing the following information:
(a) Your physical or electronic signature;
(b) Identification of the material that was removed and its location before removal;
(c) A statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification;
(d) Your name, address, and telephone number; and
(e) A statement consenting to the jurisdiction of the federal district court in the Northern District of Georgia and that you will accept service of process from the person who submitted the takedown notice.
12.5 Repeat Infringer Policy
In accordance with the DMCA and other applicable laws, ListingRisk has adopted a policy of terminating, in appropriate circumstances, the Accounts of users who are deemed to be repeat infringers. ListingRisk may also, at its sole discretion, limit access to the Service or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13. PRIVACY AND DATA PROTECTION
13.1 Privacy Policy
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy here to understand our practices regarding your personal information.
13.2 Data Collection
In connection with providing the Service, we collect and process certain information, including:
(a) Account Information: Name, email address, phone number, and payment information;
(b) Usage Data: Information about how you use the Service, including searches, property views, and feature usage;
(c) Device Information: Information about your device, browser, and IP address;
(d) Location Data: General location information derived from your IP address; and
(e) Communications: Records of your communications with us.
13.3 Use of Data
We use collected data to:
(a) Provide, maintain, and improve the Service;
(b) Process transactions and send related information;
(c) Send promotional communications (with your consent);
(d) Respond to your comments, questions, and requests;
(e) Monitor and analyze trends, usage, and activities;
(f) Detect, investigate, and prevent fraudulent transactions and other illegal activities; and
(g) Personalize and improve your experience.
13.4 Third-Party Service Providers
We share information with third-party service providers who perform services on our behalf, including:
(a) Payment processors;
(b) Data analytics providers;
(c) Customer support providers;
(d) Cloud hosting providers; and
(e) Marketing and advertising partners.
These providers are contractually obligated to use your information only for the purposes of providing services to us.
13.5 California Privacy Rights
If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), including the right to:
(a) Know what personal information we collect about you;
(b) Request deletion of your personal information;
(c) Opt out of the sale or sharing of your personal information;
(d) Correct inaccurate personal information; and
(e) Not be discriminated against for exercising your privacy rights.
To exercise these rights, please contact us at support@listingrisk.com or visit our Privacy Center at https://www.listingrisk.com/privacy-policy
13.6 Other State Privacy Rights
If you are a resident of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Delaware, Iowa, Tennessee, Indiana, or another state with comprehensive privacy legislation, you may have similar rights to California residents, including:
(a) Right to Access: Confirm whether we process your personal data and obtain a copy;
(b) Right to Delete: Request deletion of your personal data;
(c) Right to Correct: Request correction of inaccurate personal data;
(d) Right to Portability: Receive your data in a portable, readily usable format;
(e) Right to Opt Out: Opt out of targeted advertising, sale of personal data, or profiling; and
(f) Right to Appeal: Appeal our decision regarding your privacy request.
To exercise any of these rights, contact us at support@listingrisk.com. We will respond to verifiable requests within forty-five (45) days, or notify you if an extension is needed.
We do not sell your personal information. ListingRisk does not sell, rent, or trade your personal data to third parties for monetary consideration.
13.7 Do Not Sell or Share My Personal Information
We respect your right to opt out of the sale or sharing of your personal information. To opt out:
(a) Email us at support@listingrisk.com with subject line "Do Not Sell or Share"; or
(b) Visit https://www.listingrisk.com/privacy-policy and submit an opt-out request.
We will process your request within fifteen (15) business days and will not discriminate against you for exercising this right.
13.8 Data Retention
We retain your personal information only as long as necessary to:
(a) Provide the Service and fulfill the purposes described in these Terms;
(b) Comply with legal obligations, resolve disputes, and enforce agreements;
(c) Maintain records required by applicable law (typically 3-7 years for financial records); and
(d) Protect our legal interests in the event of a dispute.
Upon account termination, we will delete or anonymize your personal information within ninety (90) days, except where retention is required by law or necessary to resolve disputes.
13.9 Data Breach Notification
In the event of a data breach involving your personal information, we will:
(a) Investigate the breach promptly and take steps to mitigate harm;
(b) Notify affected users within seventy-two (72) hours of discovering the breach, or as required by applicable state law;
(c) Provide information about the nature of the breach, types of data affected, and steps you can take to protect yourself;
(d) Notify relevant regulatory authorities as required by law; and
(e) Document the breach and our response for compliance purposes.
13.10 Children's Privacy
ListingRisk is not intended for users under the age of 18. We do not knowingly collect personal information from children under 18 years of age. If we become aware that we have collected personal information from a child under 18, we will take steps to delete such information promptly.
If you are a parent or guardian and believe your child has provided us with personal information, please contact us at support@listingrisk.com.
13.11 Data Security
We implement reasonable technical, administrative, and physical security measures to protect your personal information. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.
14. DISCLAIMERS OF WARRANTIES
14.1 "As Is" and "As Available"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14.2 Disclaimer of Express and Implied Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LISTINGRISK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(b) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
(c) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(d) WARRANTIES THAT THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE;
(e) WARRANTIES THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED;
(f) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF PROPERTY DATA;
(g) WARRANTIES REGARDING THE ACCURACY OF RISK ASSESSMENTS, VALUATIONS, OR PROJECTIONS; AND
(h) WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
14.3 No Warranty for Third-Party Data
LISTINGRISK AND ITS DATA SUPPLIERS MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF ANY THIRD-PARTY DATA. THIRD-PARTY DATA IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
14.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.
15. LIMITATION OF LIABILITY
15.1 Exclusion of Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LISTINGRISK, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
(b) LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, OR GOODWILL;
(c) LOSS OF DATA OR DATA CORRUPTION;
(d) BUSINESS INTERRUPTION;
(e) COST OF SUBSTITUTE SERVICES;
(f) INVESTMENT LOSSES OR DAMAGES RELATED TO REAL ESTATE TRANSACTIONS; OR
(g) ANY OTHER DAMAGES OF ANY KIND,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LISTINGRISK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF LISTINGRISK AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, SHALL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT YOU PAID TO LISTINGRISK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR
(b) ONE HUNDRED DOLLARS ($100.00).
15.3 Basis of the Bargain
THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS ARE A FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LISTINGRISK.
15.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some or all of the above limitations or exclusions may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.
15.5 No Liability for Investment Decisions
YOU ACKNOWLEDGE AND AGREE THAT LISTINGRISK SHALL HAVE NO LIABILITY FOR ANY DAMAGES, LOSSES, OR EXPENSES ARISING FROM YOUR INVESTMENT DECISIONS, INCLUDING BUT NOT LIMITED TO DECISIONS TO PURCHASE, SELL, HOLD, OR FINANCE ANY REAL PROPERTY. YOUR USE OF THE SERVICE AND RELIANCE ON ANY INFORMATION PROVIDED THEREIN IS AT YOUR OWN RISK.
16. INDEMNIFICATION
16.1 Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless ListingRisk, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
(a) Your violation of these Terms;
(b) Your use of the Service;
(c) Your User Content;
(d) Your violation of any third-party rights, including intellectual property rights;
(e) Your violation of any applicable law, rule, or regulation;
(f) Any content or data you submit or transmit through the Service;
(g) Your negligence or willful misconduct; and
(h) Any claims by third parties arising from your real estate transactions or investment decisions.
16.2 Indemnification Procedure
ListingRisk reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of ListingRisk.
17. DISPUTE RESOLUTION AND ARBITRATION
17.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@listingrisk.com and attempt to resolve the dispute informally for at least thirty (30) days. During this informal resolution period, you agree to provide a written description of the dispute, all relevant documents and information, and your proposed resolution.
17.2 Agreement to Arbitrate
BY AGREEING TO THESE TERMS, YOU AND LISTINGRISK AGREE THAT ALL DISPUTES AND CLAIMS BETWEEN US SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.
This agreement to arbitrate applies to all claims arising out of or relating to these Terms, the Service, any advertising, or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
17.3 Arbitration Procedures
(a) Arbitration Administrator: Arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement.
(b) Location: Unless you and ListingRisk agree otherwise, any arbitration hearing shall take place in Atlanta, Georgia.
(c) Arbitrator Authority: The arbitrator shall have exclusive authority to resolve all disputes, including the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction shall have authority to determine whether Section 17.4 (Class Action Waiver) is enforceable.
(d) Arbitration Fees: If you initiate arbitration, your arbitration fees will be limited to the filing fee set by the AAA. We will pay all other AAA and arbitrator fees, unless the arbitrator finds your claims are frivolous.
(e) Award: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
17.4 Class Action Waiver
YOU AND LISTINGRISK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and ListingRisk agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
17.5 Opt-Out of Arbitration
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to:
LISTINGRISK LLC
8735 Dunwoody Place, Suite N
Atlanta, GA 30350
Email: support@listingrisk.com
Your opt-out notice must be postmarked or sent via email within thirty (30) days of the date you first agree to these Terms. If you opt out, you and ListingRisk may still resolve disputes through litigation or other means.
17.6 Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
17.7 Survival
This arbitration agreement shall survive termination of these Terms and your use of the Service.
18. ACCOUNT SUSPENSION AND TERMINATION
18.1 Termination by You
You may terminate your Account at any time by:
(a) Canceling your Subscription as provided in Section 6; and
(b) Submitting an Account deletion request through your Account settings or by contacting us at support@listingrisk.com.
Upon termination, your right to use the Service will immediately cease.
18.2 Termination or Suspension by ListingRisk
We may suspend or terminate your Account and access to the Service, in whole or in part, at any time and without prior notice, if:
(a) You breach any provision of these Terms;
(b) You fail to pay applicable fees when due;
(c) We receive a valid legal or law enforcement request;
(d) We reasonably believe your actions may cause legal liability;
(e) We reasonably believe your conduct poses a security threat;
(f) We reasonably believe you are engaged in fraudulent or illegal activity;
(g) You become subject to bankruptcy or insolvency proceedings; or
(h) Continued provision of the Service becomes impractical or unfeasible for any reason.
We will use commercially reasonable efforts to provide you with advance notice of termination or suspension when practicable, unless:
(a) You have materially breached these Terms;
(b) Providing notice would cause us to violate legal requirements;
(c) Providing notice would compromise security or ongoing investigations; or
(d) Providing notice would expose us or others to harm.
18.3 Effect of Termination
Upon termination of your Account:
(a) All rights and licenses granted to you under these Terms will immediately terminate;
(b) You must immediately cease all use of the Service;
(c) You remain liable for all fees accrued prior to termination;
(d) You will not be entitled to any refund except as expressly provided herein;
(e) We may delete your Account and any associated data; and
(f) Any provisions of these Terms that by their nature should survive termination shall survive.
18.4 Data Retention After Termination
Following termination, we may retain your Account data for a reasonable period to:
(a) Comply with legal obligations;
(b) Resolve disputes;
(c) Enforce our agreements; or
(d) As otherwise required or permitted by law.
We will delete or anonymize your personal information in accordance with our Privacy Policy.
18.5 Termination for Terms Violation - Forfeiture of Subscription
IF YOUR ACCOUNT IS SUSPENDED OR TERMINATED DUE TO VIOLATION OF THESE TERMS, INCLUDING BUT NOT LIMITED TO DATA SCRAPING, UNAUTHORIZED ACCESS, FRAUDULENT ACTIVITY, ABUSE OF THE SERVICE, OR ANY OTHER BREACH OF THESE TERMS:
(a) YOUR SUBSCRIPTION IS IMMEDIATELY FORFEITED. You will not be entitled to any refund, credit, or pro-rata reimbursement for any unused portion of your subscription period, whether monthly or annual;
(b) ALL PREPAID FEES ARE NON-REFUNDABLE. Any fees paid in advance for the subscription period during which termination occurs are forfeited as liquidated damages, not as a penalty, reflecting the difficulty of calculating actual damages caused by Terms violations;
(c) AUTOMATIC RENEWAL IS PERMANENTLY CANCELED. Any scheduled automatic renewal of your subscription will be immediately and permanently canceled;
(d) REINSTATEMENT IS NOT GUARANTEED. ListingRisk reserves the sole and absolute discretion to determine whether to reinstate a terminated account. We are under no obligation to restore access to any user whose account has been terminated for Terms violation;
(e) NEW ACCOUNT PROHIBITION. You may not create a new account or use another person's account to access the Service. Any attempt to circumvent this prohibition may result in legal action; and
(f) ACKNOWLEDGMENT. By using the Service, you acknowledge and agree that this forfeiture provision is reasonable and necessary to protect ListingRisk from the costs and damages associated with Terms violations, and that you have been given adequate notice of this consequence.
This Section 18.5 shall survive termination of these Terms and your Account.
19. MODIFICATIONS TO SERVICE AND TERMS
19.1 Modifications to Service
We reserve the right to modify, suspend, or discontinue the Service (or any features, functionality, or content thereof) at any time, with or without notice, and without liability to you or any third party.
19.2 Modifications to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will:
(a) Update the "Last Updated" date at the top of these Terms;
(b) Provide notice of the changes by email and/or through the Service; and
(c) For material changes affecting your rights or obligations, provide at least thirty (30) days' notice before the changes take effect.
19.3 Acceptance of Modified Terms
Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your Account.
20. GOVERNING LAW
20.1 Choice of Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without giving effect to any choice or conflict of law provision or rule.
20.2 Jurisdiction and Venue
Subject to the arbitration provisions in Section 17, any legal suit, action, or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in Fulton County, Georgia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20.3 Waiver of Jury Trial
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LISTINGRISK EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
21. GENERAL PROVISIONS
21.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive agreement between you and ListingRisk regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
21.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.
21.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ListingRisk.
21.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
21.5 Notices
Any notices or other communications provided by ListingRisk under these Terms will be given by posting to the Service, by email, or through other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
For notices to ListingRisk:
LISTINGRISK LLC
8735 Dunwoody Place, Suite N
Atlanta, GA 30350
Email: support@listingrisk.com
21.6 Force Majeure
ListingRisk shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ListingRisk, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, pandemic, or shortages of transportation, facilities, fuel, energy, labor, or materials.
21.7 Independent Contractors
The relationship between you and ListingRisk is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and ListingRisk.
21.8 Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights.
21.9 Headings
The headings in these Terms are for convenience only and have no legal or contractual effect.
21.10 Interpretation
These Terms shall not be construed against ListingRisk by virtue of having drafted them.
22. CONTACT INFORMATION
If you have any questions about these Terms or the Service, please contact us at:
LISTINGRISK LLC
d/b/a ListingRisk
Mailing Address:
8735 Dunwoody Place, Suite N
Atlanta, Georgia 30350
United States
Email:
General Inquiries: sales@listingrisk.com
Support & Billing: support@listingrisk.com
Legal & Privacy: support@listingrisk.com
Phone:
(770) 750-4461
We respond to inquiries within 1-2 business days.
ACKNOWLEDGMENT
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.
Copyright 2026 LISTINGRISK LLC. All rights reserved.
LEGAL NOTICE: This document is provided as a template for informational purposes only and does not constitute legal advice. This template should be reviewed and customized by a qualified attorney licensed in your jurisdiction before use. ListingRisk and LISTINGRISK LLC make no warranties regarding the suitability, completeness, or legal compliance of this document. Laws and regulations vary by jurisdiction and change over time; what is appropriate for one business may not be appropriate for another. You should consult with a licensed attorney to ensure this document meets your specific legal requirements.
