Listing Bird Wholesale Terms & Conditions

 

Terms and Conditions of Service for ListingBird.com

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING Listing Bird, Inc.’s website (the “Site”). By using the Site, accessing or using any content available within the Site you agree to be bound by the following Terms and Conditions of Service (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, you may not use this Site. Your use of this Site signifies your acceptance of these Terms and Conditions. All reference to “Listing Bird,” “we,” “our,” and “us” in these Terms and Conditions refer to Listing Bird Communications, Inc. For information on how we use and protect the information you may provide through use of the Site, please read our Privacy Guide at https://www.listingbird.com/privacy-policy

 

Listing Bird may, in its sole discretion and at any time and for any reason, change these Terms and Conditions or any policies or guidelines. You are responsible for reviewing the notice and applicable changes. Your continued use of the Site, after changes or modifications are posted, constitutes your acceptance of such changes. If you do not agree with the changes to these Terms and Conditions, do not use the Site.

Eligibility

Use of the Site is limited to parties that can lawfully enter into and form contracts. You represent and warrant that you are 18 years old or older or of the age of majority in the location where you preside. All information you provide is true, accurate, current and complete.

Jurisdiction

Unless otherwise specified, the materials on our Site are directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. Listing Bird in no way implies that the information, opinions, advice or other content on the Site is appropriate or that its products and services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

 

Electronic Communications

By visiting the Site or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt-out of receiving electronic communications from us you may do so by using the unsubscribe function at the bottom of our communications.

Conduct

You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms and Conditions. By way of example, and not as a limitation, you agree that when using the Site, you will not:

  • Restrict or inhibit any other user from using and enjoying the Site;

  • Download information posted by a third party, knowing or reasonably knowing it is illegal in any nature;

  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

  • Post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;

  • Use the Site for any illegal or unauthorized purpose;

  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;

  • Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

  • Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;

  • Use any device to retrieve any portion of the Site or collect information about users for any unauthorized purpose;

  • Create user accounts by automated means or under false or fraudulent pretenses;

  • Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;

  • Post any materials that violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right.

You are responsible for any content you post on the Site. You agree that Listing Bird shall decide, in its discretion, if your conduct violates any aspect of these Terms and Conditions and that Listing Bird may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and, suspension and/or removal of your access to the Site and/or any Listing Bird products or services.

Intellectual Property Rights

This Site, including but not limited to the trademarks, service marks, trade names, and trade dress on and copyrights to the content of this Site are the property of Listing Bird or its content suppliers and protected by United States and international laws. Nothing in this Site grants to you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site without prior written permission of Listing Bird. No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download copies of the materials for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Listing Bird’s copyright and other proprietary rights. The use of any such material on any other Site or computer network without Listing Bird’s written consent is strictly prohibited.

Submissions

We welcome any comments you may have regarding the Site, its products and services. We also welcome your interaction with the Site through the submission of other appropriate content. Any such comments or content you submit to us through the Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains the exclusive property of Listing Bird, even if these Terms and Conditions or any other agreement you have entered into with us is later terminated or amended. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.

 

Social Media Tag Usage

BY USING #LISTING BIRDATHOME, @LISTING BIRD AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE LISTING BIRD WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.

 

Export Regulations

In addition, we may share specific personally identifiable information as disclosed in a specific Privacy Notice posted on the page or area of this Site where you provided that information as well as provide it to our suppliers, shipping agents and other parties fulfilling your order.

 

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Listing Bird reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Listing Bird reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Listing Bird reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Listing Bird’s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from Listing Bird (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms“) also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Listing Bird. By agreeing to receive SMS messages from Listing Bird, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please write us prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, Listing Bird provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

 

Termination

Without limiting other remedies, Listing Bird may, in its sole discretion, at any time and for any reason, including a period of account inactivity or violation of these Terms and Conditions limit, suspend or terminate your user account, if you have one, access to or use of the Site and take technical and legal steps to keep you from using our Site and its services, if we believe there are problems, possible legal liabilities, or infringement of third party intellectual property associated with your use.

Disclaimer

Listing Bird expressly disclaims any responsibility or liability for any damage, loss, or injury you incur caused by a company or merchant introduced to you by Listing Bird, company or merchant you purchase from, who fulfill your orders, are  included on the Site, listed in our directory, using our shopping cart system or otherwise linked on any pages in our domains arising out of:

  • The activities of any of the companies;

  • The goods or services offered, or the content displayed by any of the companies; or

  • Your purchase of or inability to purchase goods or services from any company.

Please note that various goods or services listed on the Site may be prohibited in your area. If you have any questions or complaints about the goods or services you buy from a company or merchant that Listing Bird introduced you to or you found on the Site you may start a dispute process in accordance with our Dispute Policy. Listing Bird merely connects you to suppliers and services. We are not involved in the transactions that occur between buyers and sellers who use our service, nor are we the agent of the company, merchant, or you for any purpose.

 

Limitation on Liability

IN NO EVENT WILL LISTING BIRD OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF LISTING BIRD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Listing Bird is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

Indemnity

You agree to indemnify and hold Listing Bird and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

Legal Disputes

YOU AND LISTING BIRD AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and Listing Bird, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘Listing Bird‘) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes“) will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Listing Bird will provide such notice by email to your e-mail address on file with Listing Bird and you must provide such notice by email to support@ListingBird.com.

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Listing Bird and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Listing Bird, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Listing Bird and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Listing Bird nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of Delaware.

Outages

Listing Bird periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Listing Bird has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

 

General Information

Entire Agreement

The Terms and Conditions constitute the entire agreement between you and Listing Bird and govern your use of the Site. You may have entered into other agreements with Listing Bird. Those agreements are in addition to these Terms and Conditions. These Terms and Conditions do not modify, revise or amend the terms of any other agreements you may have with Listing Bird.

Choice of Law

The Terms and Conditions and any dispute arising under or related to these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of Delaware without regard to its conflict of law provisions. You and Listing Bird agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware, and You and Listing Bird further agree that, in the event that there is any claim, dispute, or other matter in question arising out of or relating to these Terms and Conditions, the enforcement of any provisions therein, or breach of any provisions thereof, it shall be submitted to and adjudicated by the Federal, state or local courts, as appropriate, in the State of Delaware. You acknowledge that monetary damages for improper use of these Terms and Conditions or other breach of these Terms and Conditions may be inadequate, therefore, Listing Bird is entitled to seek equitable relief, including injunctive relief against you, in addition to all other remedies.

 

Waiver and Severability of Terms and Conditions

The failure of Listing Bird to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

 

This document was last updated on February 5, 2021.