Terms of Service

Welcome to List123. These Terms of Service ("Terms") govern your use of the List123 platform and services. By accessing or using our platform, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using List123, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our platform.

You must be at least 18 years old to use List123. By using our platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding contracts.

2. Definitions

• "Platform" refers to the List123 website, applications, and all related services.
• "Owner" refers to a property owner who lists vacation rental properties on List123.
• "Renter" or "Guest" refers to a user who books or inquires about vacation rental properties.
• "Real Estate Professional" or "Realtor" refers to licensed real estate agents or brokerages who manage properties on behalf of Owners.
• "Listing" refers to a property advertised for vacation rental on the Platform.
• "Booking" refers to a confirmed reservation made through the Platform.
• "Content" includes all text, images, data, property information, pricing, availability, and other materials on the Platform.

3. Account Registration

3.1 Account Creation

To access certain features of List123, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

3.3 One Account Per Person

Each individual may only maintain one account. Creating multiple accounts to circumvent restrictions or for any deceptive purpose is prohibited.

4. Platform Use

4.1 Permitted Use

List123 is provided for the purpose of connecting vacation rental property owners with prospective renters. You may use the Platform only for its intended purposes and in accordance with these Terms.

4.2 Platform Role

List123 acts as a platform to facilitate connections between Owners and Renters. We are not a party to any rental agreement between Owners and Renters, and we do not own, manage, or control any properties listed on the Platform.

5. Terms for Property Owners

5.1 Listing Accuracy

Owners are solely responsible for the accuracy and completeness of their Listings. All property descriptions, photos, amenities, pricing, and availability must be truthful and not misleading.

5.2 Legal Compliance

Owners must ensure that their properties comply with all applicable local, state, and federal laws, including but not limited to zoning regulations, rental permits, safety codes, and tax obligations.

5.3 Pricing Control

Owners have full control over setting and adjusting their rental rates. List123 provides tools for dynamic weekly pricing but does not mandate specific pricing.

5.4 Brokerage Relationships

Owners may designate Real Estate Professionals to assist with tenant services, key pickup, and property management. Such relationships are between the Owner and the Real Estate Professional; List123 is not a party to these arrangements.

5.5 Owner Responsibilities

• Maintain property in safe, clean, and habitable condition
• Honor confirmed bookings unless cancellation is unavoidable
• Respond to booking requests in a timely manner
• Provide accurate check-in instructions and property access
• Address guest concerns promptly and professionally

6. Terms for Renters

6.1 Booking Commitments

When you make a booking through List123, you are entering into a rental agreement directly with the property Owner. You agree to honor your booking commitments and comply with any property rules established by the Owner.

6.2 Accurate Information

Renters must provide accurate information about the number of guests, intended use of the property, and any other information requested during the booking process.

6.3 Property Respect

Renters agree to treat the rental property with care and respect, as if it were their own home. Any damage beyond normal wear and tear may result in additional charges.

6.4 Renter Protections

6.5 Guest Responsibilities

• Comply with all property rules and rental agreement terms
• Not exceed the maximum occupancy stated in the listing
• Report any property issues or damage promptly
• Leave the property in reasonable condition at checkout
• Respect neighbors and local community standards

7. Terms for Real Estate Professionals

7.1 Authorization

Real Estate Professionals may only manage properties on List123 with explicit authorization from property Owners. You represent that you have obtained all necessary permissions before managing any listing.

7.2 Professional Standards

Real Estate Professionals agree to maintain professional standards in all interactions on the Platform and to comply with all applicable real estate licensing requirements and regulations.

7.3 Platform Use Restrictions

Real Estate Professionals may not use List123 to:

• Solicit property owners to move their listings to competing platforms
• Collect or harvest data for use outside the Platform
• Circumvent the Platform to conduct transactions directly
• Misrepresent their relationship with List123

8. Bookings and Payments

8.1 Booking Process

Bookings are made through the Platform and are subject to Owner approval unless instant booking is enabled. A booking is confirmed only when the Owner accepts and payment is processed.

8.2 Payment Processing

Payments are processed through secure third-party payment providers. By making a payment, you agree to the terms and conditions of our payment processor.

8.3 Deposits and Balances

Bookings typically require a deposit at the time of booking with the balance due before check-in. Specific payment terms are displayed during the booking process.

8.4 Service Fees

List123 may charge service fees for bookings processed through the Platform. All applicable fees are disclosed before you complete a booking.

9. Cancellation and Refunds

9.1 Cancellation Policies

Each property may have its own cancellation policy, which is displayed on the listing page. Review the cancellation policy carefully before booking.

9.2 Refund Processing

Refunds, when applicable, are processed according to the property's cancellation policy. Refund timeframes depend on your payment method and financial institution.

9.3 Owner Cancellations

If an Owner cancels a confirmed booking, the Renter will receive a full refund. Owners who repeatedly cancel bookings may have their accounts suspended.

10. Prohibited Conduct

You agree not to:

• Provide false or misleading information
• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Harass, threaten, or discriminate against other users
• Use the Platform for any illegal or unauthorized purpose
• Interfere with or disrupt the Platform's operation
• Attempt to gain unauthorized access to any portion of the Platform
• Use automated systems to access the Platform without permission
• Circumvent any content-protection mechanisms

11. Intellectual Property

11.1 List123 Intellectual Property

The List123 name, logo, website design, software, and all original content created by List123 are protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without express written permission.

11.2 User Content

Users retain ownership of content they submit to the Platform. By submitting content, you grant List123 a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with operating the Platform.

11.3 Proprietary Data

The compilation of listings, pricing data, availability calendars, user reviews, and other aggregated information on List123 constitutes valuable proprietary data. This compilation is protected as a database and collective work under applicable intellectual property laws.

12. Data Scraping and Automated Access

12.1 Prohibited Activities

The following activities are expressly prohibited without prior written authorization from List123:

• Using automated scripts, bots, crawlers, spiders, or scrapers to access the Platform
• Systematically downloading, copying, or extracting property listings, images, pricing data, or availability information
• Creating derivative databases from Platform content
• Reproducing or displaying Platform content on third-party websites or applications
• Using Platform data for competitive intelligence or to build competing services
• Harvesting contact information of users for commercial purposes

12.2 Technical Measures

List123 employs technical measures to prevent unauthorized automated access. Circumventing these measures violates these Terms and may violate the Computer Fraud and Abuse Act and similar laws.

12.3 Real Estate Industry Notice

Real estate brokerages, MLS systems, and competing platforms are specifically notified that:

• List123 listings are not part of any MLS and may not be imported into MLS systems without Owner consent
• Property data, including custom weekly pricing, is proprietary to List123 and respective Owners
• Unauthorized reproduction of listings for display on competing platforms is prohibited
• Any unauthorized use will be pursued through all available legal remedies

12.4 Liquidated Damages

You acknowledge that unauthorized data scraping causes substantial harm that is difficult to quantify. In the event of a violation, you agree to pay liquidated damages of $100 per listing accessed plus $1,000 per day of unauthorized access, in addition to any other remedies available at law or equity.

12.5 Authorized Access

If you wish to access Platform data for legitimate purposes (such as integration partnerships), please contact us to discuss API access or data licensing arrangements.

13. Limitation of Liability

13.1 Platform Provided "As Is"

List123 is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.2 Limitation of Damages

To the maximum extent permitted by law, List123 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.

13.3 Maximum Liability

Our total liability to you for any claims arising from your use of the Platform shall not exceed the greater of (a) the fees paid by you to List123 in the twelve months preceding the claim, or (b) $100.

13.4 Third-Party Actions

List123 is not liable for the actions, omissions, or conduct of any user, property owner, renter, or third party in connection with the Platform.

14. Indemnification

You agree to indemnify, defend, and hold harmless List123, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your content or listings
• Any dispute between you and another user

15. Dispute Resolution

15.1 Between Users

Disputes between Owners and Renters should first be addressed directly between the parties. List123 may, at its discretion, assist in mediation but is not obligated to resolve user disputes.

15.2 With List123

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations.

15.3 Class Action Waiver

You agree to resolve disputes with List123 on an individual basis and waive your right to participate in class actions or class-wide arbitration.

15.4 Governing Law

These Terms shall be governed by the laws of the State of New Jersey, without regard to conflict of law principles.

16. Termination

16.1 Your Right to Terminate

You may terminate your account at any time by contacting us. Termination does not affect any bookings already confirmed or obligations already incurred.

16.2 Our Right to Terminate

We may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion.

16.3 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and dispute resolution) shall survive.

17. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform. Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms.

18. Contact Information

If you have questions about these Terms, please contact us:

• Email: legal@list123.com
• Website: www.list123.com

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By using List123, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.