User Agreement
Entire Agreement
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between iMarket Listings, LLC, its affiliated or related entities, and you and supersede any prior agreements or understandings not incorporated herein. If any inconsistencies exist between these Terms and any future published Terms of Use or performance, the last published Terms of Use shall prevail.
What You Should Know
Welcome to the imarketlistings.com website (the “Web Site”). This Web provides a network of real estate products/services and related links to meet your needs (the “Content”). Please read our Terms of Use (the “Terms”) carefully before using this Web Site. These Terms shall govern the Web Site’s use and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors, and your use of this Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE.
iMarket Listings, LLC (“We,” “Us,” “Our”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. After we have posted notice of such changes, alterations, or updates, you agree to be bound by such revised Terms by using this Web Site. IF YOU DISAGREE WITH THE REVISED TERMS, YOU MUST STOP USING THIS WEBSITE.
Third-Party Rights
These Terms are for the benefit of iMarket Listings, LLC, its Providers, and Web Site hosting service providers, its officers, directors, employees, affiliates, agents, licensors, and suppliers. Each individual or entity shall have the right to assert and enforce these Terms directly against you on its behalf.
Jurisdictional Issues
Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and information. This Web Site is controlled and operated by iMarket Listings, LLC, from its principal offices in Miami, Florida. iMarket Listings, LLC Affiliates make no representation that Content on its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials on this Website in violating of U.S. export laws and regulations.
Trademarks, Copyrights, And Restrictions
This Website is controlled and operated by iMarket Listings, LLC, email: legal@imarketlistings.com. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and other intellectual property rights (which are governed by the U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by iMarket Listings, LLC, or by third-party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and services to iMarket Listings, LLC. Content on this Site or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and information contained herein for your personal, non-commercial use only. Still, you may not copy, reproduce, republish, upload, post, transmit, distribute, and exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of iMarket Listings, LLC or the Providers. You may request permission by emailing a request to the iMarket Listings, LLC Legal Department at legal@imarketlistings.com.
Without the prior written consent of iMarket Listings, LLC or the Providers, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use violates the rights of the owners of iMarket Listings, LLC and the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to iMarket Listings, LLC that you will not use our Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, nor in violation of the Acceptable Use Policy of the Web Site hosting service provider. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice.
iMarket Listings, LLC retains the right to deny access to anyone at its discretion for any reason, including for violating these Terms. You may not use on your website any trademarks, service marks, or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the Content or other materials on this Web Site without the prior written consent of iMarket Listings, LLC.
Prohibited Activities
You are expressly prohibited from any use of this Web Site, and You agree not to use or permit others to use this Website, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content without our prior written permission, provided that generally available third party web browser may be used without such permission.
Links
This Website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only, and, as such, you access them at your own risk. The content of any Linked Sites is not under iMarket Listings, LLC control, and iMarket Listings, LLC does not endorse such content, whether or not iMarket Listings, LLC is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide links that state or imply any sponsorship or endorsement of your website by iMarket Listings, LLC, or its affiliates or Providers.
Resolving Disputes
If a dispute should arise between you and iMarket Listings, LLC, we want to provide you with efficient, cost-effective resolution time by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction using our customer service, which is reachable by emailing:
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall resolve the conflict.
Agreement To Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING:
Mandatory Arbitration Provisions
WE BOTH AGREE TO ARBITRATE: You and iMarket Listings, LLC agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate iMarket Listings, LLC intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, iMarket Listings, LLC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who can award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Arbitration Procedures
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. The arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising from or relating to these Terms shall be referred to and finally determined by arbitration by the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules outlined in this Agreement to Arbitrate, the practices outlined in this Agreement will govern. The JAMS Rules and instructions for initiating an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or iMarket Listings, LLC must do the following things:
Write a Demand for Arbitration. The demand must include a description of the Claim and the number of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to your local JAMS office.
Send one copy of the Demand for Arbitration to the other party. JAMS Rules will govern payment of all filing, administration, and arbitrator ferules, except that for claims of less than $1,000, iMarket Listings, LLC will pay all administrative costs and fees provided; however, if iMarket Listings, LLC prevails, you will reimburse us for all such administrative costs and expenses. Arbitration under this agreement shall be held in the United States county where you live or work or any other location we mutually agree to, subject to the State of Florida law. The arbitration may award the same damages and relief as a court (including injunctive relief) on an individual basis. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Disclaimer of Warranties
ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, MARKET LISTINGS LLC, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER IMARKET LISTINGS, LLC, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. IMARKET LISTINGS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED BY THE USE OF THIS WEBSITE OR AS TO THE RELIABILITY, ACCURACY, OR CURRENCY OF ANY INFORMATION, CONTENT, AND SERVICE UNDER YOUR USE OF THIS WEBSITE.
Disclaimer Of Liability
YOU EXPRESSLY AGREE THAT THIS WEBSITE USE IS AT YOUR SOLE RISK. YOU (AND NOT IMARKET LISTINGS, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER IMARKET LISTINGS, LLC, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND OPERATION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL OR CONSEQUENTIAL), CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE).
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, IMARKET LISTINGS, LLC AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IMARKET LISTINGS, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
Indemnification
You agree to indemnify, defend, and hold harmless iMarket Listings, LLC, the Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or misuse of the Web Site.
Authority Of Arbitrator
The arbitrator will decide the rights and liabilities, if any, of you and iMarket Listings, LLC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall be able to grant motions dispositive of all or part of any claim. The arbitrator shall have the power to award monetary damages to give an individual any non-monetary remedy or reliability under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including calculating any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s award is final and binding upon you and iMarket Listings, LLC.
No Class Actions
You may only resolve disputes with us individually and not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Waiver Of Jury Trial
THE PARTIES CURRENTLY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to minimal review by a court. In the event, any litigation should arise between you and iMarket Listings, LLC. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND IMARKET LISTINGS, LLC AND AFFILIATES WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING A JUDGE TO RESOLVE THE DISPUTE. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY, DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Opt-Out Of Agreement To Arbitrate
You can decline this agreement to arbitrate by emailing iMarket Listings, LLC at legal@imarketlistings.com and providing the requested information as follows:
(1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and a clear statement that you wish to opt-out of this arbitration provision in terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
Choice Of Law / Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed by the laws of the State of Florida, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Miami, Florida.
Terms Of Use
Entire Agreement
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between iMarket Listings, LLC, its affiliated or related entities, and you and supersede any prior agreements or understandings not incorporated herein. If any inconsistencies exist between these Terms and any future published Terms of Use or performance, the last published Terms of Use shall prevail.
What You Should Know
Welcome to the imarketlistings.com website (the “Web Site”). This Web provides a network of real estate products/services and related links to meet your needs (the “Content”). Please read our Terms of Use (the “Terms”) carefully before using this Web Site. These Terms shall govern the Web Site’s use and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors, and your use of this Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE.
iMarket Listings, LLC (“We,” “Us,” “Our”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. After we have posted notice of such changes, alterations, or updates, you agree to be bound by such revised Terms by using this Web Site. IF YOU DISAGREE WITH THE REVISED TERMS, YOU MUST STOP USING THIS WEBSITE.
Trademarks, Copyrights, And Restrictions
This Website is controlled and operated by iMarket Listings, LLC, email: legal@imarketlistings.com. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and other intellectual property rights (which are governed by the U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by iMarket Listings, LLC, or by third-party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and services to iMarket Listings, LLC. Content on this Site or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and information contained herein for your personal, non-commercial use only. Still, you may not copy, reproduce, republish, upload, post, transmit, distribute, and exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of iMarket Listings, LLC or the Providers. You may request permission by emailing a request to the iMarket Listings, LLC Legal Department at legal@imarketlistings.com.
Without the prior written consent of iMarket Listings, LLC or the Providers, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use violates the rights of the owners of iMarket Listings, LLC and the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to iMarket Listings, LLC that you will not use our Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, nor in violation of the Acceptable Use Policy of the Web Site hosting service provider. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice.
iMarket Listings, LLC retains the right to deny access to anyone at its discretion for any reason, including for violating these Terms. You may not use on your website any trademarks, service marks, or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the Content or other materials on this Web Site without the prior written consent of iMarket Listings, LLC.
Prohibited Activities
You are expressly prohibited from any use of this Web Site, and You agree not to use or permit others to use this Website, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content without our prior written permission, provided that generally available third party web browser may be used without such permission.
Links
This Website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only, and, as such, you access them at your own risk. The content of any Linked Sites is not under iMarket Listings, LLC control, and iMarket Listings, LLC does not endorse such content, whether or not iMarket Listings, LLC is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide links that state or imply any sponsorship or endorsement of your website by iMarket Listings, LLC, or its affiliates or Providers.
Disclaimer Of Warranties
ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, MARKET LISTINGS LLC, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER IMARKET LISTINGS, LLC, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. IMARKET LISTINGS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED BY THE USE OF THIS WEBSITE OR AS TO THE RELIABILITY, ACCURACY, OR CURRENCY OF ANY INFORMATION, CONTENT, AND SERVICE UNDER YOUR USE OF THIS WEBSITE.
Disclaimer Of Liability
YOU EXPRESSLY AGREE THAT THIS WEBSITE USE IS AT YOUR SOLE RISK. YOU (AND NOT IMARKET LISTINGS, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER IMARKET LISTINGS, LLC, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND OPERATION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL OR CONSEQUENTIAL), CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE).
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, IMARKET LISTINGS, LLC AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IMARKET LISTINGS, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
Indemnification
You agree to indemnify, defend, and hold harmless iMarket Listings, LLC, the Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or misuse of the Web Site.
Third-Party Rights
These Terms are for the benefit of iMarket Listings, LLC, its Providers, and Web Site hosting service providers, its officers, directors, employees, affiliates, agents, licensors, and suppliers. Each individual or entity shall have the right to assert and enforce these Terms directly against you on its behalf.
Jurisdictional Issues
Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and information. This Web Site is controlled and operated by iMarket Listings, LLC, from its principal offices in Miami, Florida. iMarket Listings, LLC Affiliates make no representation that Content on its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their initiative and are responsible for compliance with local laws, If and to the extent local laws are applicable. You may not use or export the materials on this Website in violating of U.S. export laws and regulations.
Resolving Disputes
If a dispute should arise between you and iMarket Listings, LLC, we want to provide you with efficient, cost-effective resolution time by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction using our customer service, which is reachable by emailing:
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall resolve the conflict.
Agreement To Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING:
Mandatory Arbitration Provisions
WE BOTH AGREE TO ARBITRATE: You and iMarket Listings, LLC agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate iMarket Listings, LLC intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, iMarket Listings, LLC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who can award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Arbitration Procedures
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. The arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising from or relating to these Terms shall be referred to and finally determined by arbitration by the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules outlined in this Agreement to Arbitrate, the practices outlined in this Agreement will govern. The JAMS Rules and instructions for initiating an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or iMarket Listings, LLC must do the following things:
Write a Demand for Arbitration. The demand must include a description of the Claim and the number of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to your local JAMS office.
Send one copy of the Demand for Arbitration to the other party JAMS Rules will govern payment of all filing, administration, and arbitrator ferules, except that for claims of less than $1,000, iMarket Listings, LLC will pay all administrative costs and fees provided, however, if iMarket Listings, LLC prevails you will reimburse us for all such administrative costs and expenses. Arbitration under this agreement shall be held in the United States county where you live or work or any other location we mutually agree to, subject to the State of Florida law. The arbitration may award the same damages and relief as a court (including injunctive relief) on an individual basis. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority Of Arbitrator
The arbitrator will decide the rights and liabilities, if any, of you and iMarket Listings, LLC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall be able to grant motions dispositive of all or part of any claim. The arbitrator shall have the power to award monetary damages to give an individual any non-monetary remedy or reliability under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including calculating any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s award is final and binding upon you and iMarket Listings, LLC.
No Class Actions
You may only resolve disputes with us individually and not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Waiver Of Jury Trial
THE PARTIES CURRENTLY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to minimal review by a court. In the event, any litigation should arise between you and iMarket Listings, LLC. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND IMARKET LISTINGS, LLC AND AFFILIATES WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING A JUDGE TO RESOLVE THE DISPUTE. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY, DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Opt-Out Of Agreement To Arbitrate
You can decline this agreement to arbitrate by emailing iMarket Listings, LLC at legal@imarketlistings.com and providing the requested information as follows:
(1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and a clear statement that you wish to opt-out of this arbitration provision in Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
Choice Of Law / Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed by the laws of the State of Florida, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Miami, Florida.