Terms of Service
Last Updated February 21, 2025
Welcome, and thank you for your interest in Global Listings, Inc. (“Global
Listings, Inc.,”, “GlobalListings.com,”, “we,”
or “us”), and our Premium Listings Service, API Listings Data
Services, Global Listings Service Membership, Private Label Marketplace
Services, along with our website at www.Global Listings.com, related partner
websites, applications, and other services provided by us (collectively,
our “Service”). These Terms of Service are a legally binding
contract between you and Global Listings, Inc. regarding your use of the
Service. If you agree to these Terms on behalf of an organization, then
you represent and warrant that you have the authority to bind that organization
to these Terms of Service. In that case, the term “you” will
refer to, you, the organization, and any other individual using the Service
on behalf of that organization.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY VISITING OR USING THE SERVICE,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY
THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY AND ANY
ADDITIONAL TERMS (AS DEFINED IN SECTION 3.2) APPLICABLE TO OPTIONAL FEATURES
OF THE SERVICE TO WHICH YOU HAVE SUBSCRIBED (COLLECTIVELY, THESE “TERMS
OF SERVICE"). If you are not eligible, or do not agree to the Terms of
Service, then you do not have our permission to use the Service.
These Terms of Service provide that all disputes between you and Global
Listings, Inc. will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE
UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this
contract, except for matters that may be taken to small claims court. Your
rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury,
and your claims cannot be brought as a class action. Please review Section
19 (“Dispute Resolution and Arbitration”) for the details regarding
your agreement to arbitrate any disputes with Global Listings, Inc.
1. Global Listings, Inc. Service Overview. The Service
is an online platform that enables users to view and upload real estate
listings (“Listings”). You may view Listings by registering
for an account, but you must also register in order to post any Property
Listings to the Service. Registration is subject to, and requires acceptance
of, the Terms of Service.
2. Eligibility and Registration. You must be at least
18 years of age to use the Service. By agreeing to these Terms of Service,
you represent and warrant to us that: (a) you are at least 18 years of
age; (b) you have not previously been suspended or removed from the Service;
and (c) your registration and your use of the Service is in compliance
with all applicable laws and regulations. To access certain features of
the Service, including the ability to create Listings, you must register
for an account or otherwise provide information about yourself. When you
register for an account, you may be required to provide us with your name,
email address, telephone number or other contact information. You agree
that the information you provide to us is accurate and that you will keep
it accurate and up to date at all times. When you register for an account,
you will be asked to provide a password. You are solely responsible for
maintaining the confidentiality of your account and password, and you accept
responsibility for all activities that occur under your account. If you
have reason to believe that your account is no longer secure, then you
must immediately notify us at Help@GlobalListings.com.
3. Privacy Policy; Additional Terms
3.1 Privacy Policy. Please read the Privacy Policy carefully
for information relating to our collection, use, storage, and disclosure
of your personal information. The Privacy Policy is incorporated by this
reference into, and made a part of, these Terms of Service.
3.2 Uploader Terms. In order to establish an account that
enables you to create Listings on the Service, you will need to register
for an uploader account, and agree to the Uploader Terms.
3.3 Additional Terms. Your use of the Service is subject
to all additional terms, policies, rules, or guidelines applicable to the
Service or certain features of the Service that we may post on or link
to from the Service, such as any end-user license agreements for any downloadable
software applications or rules that apply to particular features or content
on the Service, including the Uploader Terms (collectively, the “Additional
Terms”), subject to Section 4. All applicable Additional Terms are
incorporated by this reference into, and made a part of, these Terms of
Service.
4. Modification of these Terms of Service. We reserve
the right, at our discretion, to change these Terms of Service on a going-forward
basis at any time, in which case we will publish the revised Terms of Service
through the Service. Please check these Terms of Service periodically for
changes. The revised Terms of Service shall become effective on the earlier
of (a) your acceptance of the revised Terms of Service, (b) your use of
the Service with knowledge of the revisions or (c) 30 days following the
date on which we publish the revisions, provided that no modification to
the arbitration terms in Section 19 will be effective without your express
acceptance. Disputes arising under these Terms of Service will be resolved
in accordance with the version of these Terms of Service that was in effect
at the time the dispute arose.
5. Payment. You may view Listings on the Service at no
cost. Certain additional features may require you to pay additional fees,
which fees will be set forth in the Additional Terms applicable to such
features. By accessing or using any paid feature of the Service, you agree
to make any applicable payments in accordance with the payment terms provided
in connection with such access and use.
6. User Content
6.1 User Content Generally. Certain features of the Service
may permit users to upload and publish content to the Service, such as
photos, video, images, data, text, messages to other users and other types
of works (“User Content”), including as part of a Listing.
You retain all copyright and other proprietary rights that you may hold
in the User Content that you post to the Service.
6.2 Limited License Grant. By posting or publishing User
Content, you grant Global Listings, Inc. a worldwide, non-exclusive, royalty-free,
fully paid right and license in perpetuity (with the right to sublicense)
to host, store, archive in perpetuity, transfer, display, perform, reproduce,
modify (including as part of formatting or reformatting for display and
syndication), and distribute (directly and indirectly through syndication
channels and API data feeds) your User Content, in whole or in part, in
any media formats and through any media channels and API data feeds now
known or hereafter developed.
6.3 User Content Representations and Warranties. You are
solely responsible for your User Content and the consequences of posting
or publishing User Content. By posting or publishing User Content, you
affirm, represent, and warrant that:
a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Global Listings, Inc. to exercise the licenses granted in perpetuity by you in this section, in the manner contemplated by Global Listings, Inc., the Service, and these Terms of Service; and
b) your User Content, and the use of your User Content
as contemplated by these Terms of Service, does not and will not: (i) infringe,
violate, or misappropriate any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity,
or any other intellectual property or proprietary right; (ii) slander,
defame, libel, or invade the right of privacy, publicity or other property
rights of any other person; or (iii) cause Global Listings, Inc. or any
of its users, customers, or syndication partners to violate any law or
regulation.
6.4 User Content Disclaimer. We are under no obligation
to edit or control User Content that you or other users post or publish,
and will not be in any way responsible or liable for User Content. Global
Listings, Inc. may, however, at any time and without prior notice, screen,
remove, edit, or block any User Content, including any Listing, for any
reason or no reason. You understand that when using the Service, you will
be exposed to User Content from a variety of sources and acknowledge that
User Content, including the content of any Listing, may be inaccurate,
offensive, indecent, or objectionable. You agree to waive, and do waive,
any legal or equitable right or remedy you have or may have against Global
Listings, Inc. with respect to User Content. We expressly disclaim any
and all liability in connection with User Content, including any Listings.
If notified by a user or content owner that User Content allegedly does
not conform to these Terms of Service, we may investigate the allegation
and determine in our sole discretion whether to remove the User Content,
which we reserve the right to do at any time and without notice. The Service
may include translated versions of the Listings or other User Content.
Such translations are provided for reference purposes only, and Global
Listings, Inc. expressly disclaims any and all liability in connection
with the accuracy of such translations.
7. Digital Millennium Copyright Act
7.1 DMCA Notification. We comply with the provisions of
the Digital Millennium Copyright Act applicable to Internet service providers
(17 U.S.C. §512, as amended). If you have an intellectual property
rights-related complaint about material posted on the Service, you may
contact our Designated Agent at the following address:
Global Listings, Inc.
ATTN: Legal Department (Copyright Notification)
1221 Brickell Avenue, Ste 900
Miami, Florida 33131
Email: Legal@GlobalListings.com
Any notice alleging that materials hosted by or distributed through the
Service infringe intellectual property rights must include the following
information:
a. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyright-protected work or other
intellectual property right that you claim has been infringed;
c. a description of the material that you claim is infringing
and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief
that the use of those materials on the Service is not authorized by the
copyright owner, its agent, or the law; and
f. a statement by you that the above information in your
notice is accurate and that, under penalty of perjury, you are the copyright
or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.7.2 Repeat Infringers. Global Listings,
Inc.’s policy is to promptly terminate the accounts of users that
are determined by Global Listings, Inc. to be repeat infringers.
8. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
8.1 use the Service for any illegal purpose or in violation
of any local, state, national, or international law;
8.2 violate, or encourage others to violate, any right
of a third party, including by infringing or misappropriating any third-party
intellectual property rights;
8.3 post, upload, or distribute any User Content or other
content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable
person could deem to be objectionable, profane, indecent, pornographic,
harassing, threatening, embarrassing, hateful, or otherwise inappropriate
8.4 interfere with security-related features of the Service,
including by: (a) disabling or circumventing features that prevent or limit
use or copying of any content; or (b) reverse engineering or otherwise
attempting to discover the source code of any portion of the Service except
to the extent that the activity is expressly permitted by applicable law;
8.5 interfere with the operation of the Service or any
user’s enjoyment of the Service, including by: (a) uploading or otherwise
disseminating any virus, adware, spyware, worm, or other malicious code;
(b) making any unsolicited offer or advertisement to another user of the
Service; (c) collecting personal information about another user or third
party without consent; or (d) interfering with or disrupting any network,
equipment, or server connected to or used to provide the Service;
8.6 perform any fraudulent activity including impersonating
any person or entity, claim a false affiliation, access any other Service
account without permission, or falsify your age or date of birth;
8.7 copy, distribute, relist, frame, or embed any content
available through the Service, including other users’ User Content
and Listings, on any third-party website or service without obtaining advance
written authorization from Global Listings, Inc.;
8.8 use any web crawler, scraper or other automated tool
or process to access, monitor, analyze or copy any part of the Service
or any content available through the Service, including User Content and
Listings;
8.9 sell or otherwise transfer the access granted under
these Terms of Service or any Materials (as defined in Section 11) or any
right or ability to view, access, or use any Materials; or
8.10 attempt to do any of the acts described in this Section
8, or assist or permit any person to engage in any of the acts described
in this Section 8.
9.Third-Party Services, Websites and Communications. Listings
may contain links and references to third-party websites or services. Such
websites and services are not under our control, and we are not responsible
for their content. We do not endorse or make any guarantees or warranties
with respect to such websites or services. Additionally, by posting or
sharing your contact information in connection with Listings, you acknowledge
that other users or third parties may communicate with you. We take no
responsibility for the content or accuracy of such communications, even
if such communications are transmitted through the Service.
10. Termination of Use; Discontinuation and Modification of the Service. If
you violate any provision of these Terms of Service, your permission from
us to use the Service will terminate automatically. In addition, Global
Listings, Inc. may in its sole discretion terminate your user account on
the Service or suspend or terminate your access to the Service at any time
for any reason or no reason, with or without notice. We also reserve the
right to modify or discontinue the Service at any time (including by limiting
or discontinuing certain features of the Service), temporarily or permanently,
without notice to you. We will have no liability whatsoever on account
of any change to the Service or any suspension or termination of your access
to or use of the Service.
11. Ownership; Proprietary Rights. The Service is owned
and operated by Global Listings, Inc. The visual interfaces, graphics,
design, compilation, information, data, computer code (including source
code or object code), products, software, services, and all other elements
of the Service provided by Global Listings, Inc. (“Materials”)
are protected by intellectual property and other laws. All Materials are
the property of Global Listings, Inc., or our third-party licensors (including
User Content and Listings, which are the property of the applicable users).
Except as expressly authorized by Global Listings, Inc., you may not make
use of the Materials. Global Listings, Inc. reserves all rights to the
Materials not granted expressly in these Terms of Service.
12. Feedback. If you choose to provide input and suggestions
regarding problems with or proposed modifications or improvements to the
Service (“Feedback”), then you hereby grant Global Listings,
Inc. an unrestricted, perpetual, irrevocable, non-exclusive, fully paid,
royalty-free right to exploit the Feedback in any manner and for any purpose,
including to improve the Service and create other products and services.
13. Indemnity. You are responsible for your use of the
Service, and you will defend and indemnify Global Listings, Inc. and its
officers, directors, employees, consultants, affiliates, subsidiaries and
agents (together, the “Global Listings, Inc. Entities”) from
and against every claim, liability, damage, loss, and expense, including
reasonable attorneys' fees and costs, arising out of or in any way connected
with: (a)your access to, use of, or alleged use of, the Service; (b)your
violation of any portion of these Terms of Service, any representation,
warranty, or agreement referenced in these Terms of Service, or any applicable
law or regulation; (c) your violation of any third-party right, including
any intellectual property right or publicity, confidentiality, other property,
or privacy right; or (d) any dispute or issue between you and any third
party. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you (without limiting your indemnification obligations with respect
to that matter), and in that case, you agree to cooperate with our defense
of that claim.
14. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE
ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS,
WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE
Global Listings, Inc. ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT
AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;
AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
THE Global Listings, Inc. ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY
PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE
SERVICE, WILL BE UNINTERRUPTED, SECURE,OR FREE OF ERRORS, VIRUSES, OR OTHER
HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE
CORRECTED.
ANY CONTENT, INCLUDING LISTINGS, TEXT, PHOTOS AND OTHER INFORMATION, AVAILABLE
ON OR THROUGH THE SERVICE: (A) IS FOR INFORMATIONAL PURPOSES ONLY; (B)
IS SUBJECT TO CHANGE AT ANY TIME; AND (C) HAS NOT BEEN VERIFIED BY Global
Listings, Inc.. YOU ARE SOLELY RESPONSIBLE FOR INVESTIGATING ALL MATTERS
CONCERNING, AND DETERMINING THE ACCURACY OF, ANY LISTINGS OR OTHER CONTENT
OR INFORMATION MADE AVAILABLE TO YOU IN CONNECTION WITH THE SERVICE, AND
MAKING ANY DECISIONS BASED ON ANY SUCH MATERIALS, INCLUDING DECISIONS RELATED
TO ANY POTENTIAL INVESTMENT, PURCHASE, RENTAL, RELISTING, OR OTHER ENGAGEMENT
WITH ANY INDIVIDUAL OR ENTITY WHO YOU MAY ENCOUNTER THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THE SERVICE OR ANY LISTINGS OR OTHER MATERIALS OR CONTENT AVAILABLE THROUGH
THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Global Listings,
Inc. ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS
OF SERVICE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR
USE OF OR ACCESS TO THE SERVICE, YOU ARE DEALING WITH ANY OTHER SERVICE
USER, AND ANY LISTINGS OR OTHER MATERIALS OR CONTENT AVAILABLE THROUGH
THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE,
ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE
SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND
RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY
(INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH
THE SERVICE), OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE
OR THE DOWNLOAD OR USE OF THAT MATERIAL ORCONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY
HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
15. Limitation of Liability
IN NO EVENT WILL THE Global Listings, Inc. ENTITIES BE LIABLE TO YOU FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING
DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING
OUT OF OR RELATING TO YOUR, OR ANY THIRD PARTY’S, ACCESS TO OR USE
OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT
ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Global Listings,
Inc. ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 19.4(iii), THE AGGREGATE LIABILITY OF THE
Global Listings, Inc. ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR
RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE
OR OTHERWISE UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO
Global Listings, Inc. FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS
PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO THE APPLICABLE CLAIM;
OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS OF SERVICE THAT PROVIDES FOR A LIMITATION
OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS INTENDED
TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF
SERVICE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT
OF ALL OTHER PROVISIONS OF THESE TERMS OF SERVICE. THE LIMITATIONS IN THIS
SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
16. Governing Law. These Terms of Service are governed
by the laws of the State of Florida without regard to conflict of law principles.
If a lawsuit or court proceeding is permitted under these Terms of Service,
then you and Global Listings, Inc. agree to submit to the personal and
exclusive jurisdiction of the state courts and federal courts located within
Miami-Dade County, Florida for the purpose of litigating any dispute.
17. Entire Understanding; Conflicts. The Terms of Service,
including the Terms of Service, the Privacy Policy, Additional Terms, and
any other agreements expressly incorporated by reference into these Terms
of Service, are the entire and exclusive understanding and agreement between
you and Global Listings, Inc. regarding your use of the Service. In the
event of a conflict between a provision of any Additional Terms and a provision
of the Terms of Service, the provision of the Additional Terms shall prevail.
18. General. You may not assign or transfer these Terms
of Service or your rights under these Terms of Service, in whole or in
part, by operation of law or otherwise, without our prior written consent.
We may assign these Terms of Service at any time without notice or consent.
The failure to require performance of any provision will not affect our
right to require performance at any other time after that, nor will a waiver
by us of any breach or default of these Terms of Service, or any provision
of these Terms of Service, be a waiver of any subsequent breach or default
or a waiver of the provision itself. Use of section headers in these Terms
of Service is for convenience only and will not have any impact on the
interpretation of any provision. If any part of these Terms of Service
is held to be invalid or unenforceable, the unenforceable part will be
given effect to the greatest extent possible, and the remaining parts will
remain in full force and effect. Upon termination of these Terms of Service,
Sections 2 and 3 through 20, along with the Privacy Policy and any other
accompanying agreements, will survive.
19. Dispute Resolution and Arbitration
19.1 Generally. In the interest of resolving disputes
between you and Global Listings, Inc. in the most expedient and cost-effective
manner, you and Global Listings, Inc. agree that every dispute arising
in connection with these Terms of Service will be resolved by binding arbitration.
Arbitration is less formal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury may allow for more limited
discovery than in court, and can be subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award.
This agreement to arbitrate disputes includes all claims arising out of
or relating to any aspect of these Terms of Service, whether based in contract,
tort, statute, fraud, misrepresentation, or any other legal theory, and
regardless of whether a claim arises during or after the termination of
these Terms of Service. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO
THESE TERMS OF SERVICE,YOU AND Global Listings, Inc. ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
19.2 Exceptions. Despite the provisions of Section 19.1,
nothing in these Terms of Service will be deemed to waive, preclude, or
otherwise limit the right of either party to: (a) bring an individual action
in small claims court; (b) pursue an enforcement action through the applicable
federal, state, or local agency if that action is available; (c) seek injunctive
relief in a court of law; or (d) to file suit in a court of law to address
an intellectual property infringement claim.
19.3 Arbitrator. Any arbitration between you and Global
Listings, Inc. will be settled under the Federal Arbitration Act, and governed
by the Commercial Dispute Resolution Procedures and the Supplementary Procedures
for Consumer Related Disputes (collectively, “AAA Rules”) of
the American Arbitration Association (“AAA”), as modified by
these Terms of Service, and will be administered by the AAA. The AAA Rules
and filing forms are available online at www.adr.org, by calling the AAA
at 1-800-778-7879, or by contacting Global Listings, Inc.
19.4 Notice; Process. A party who intends to seek arbitration
must first send a written notice of the dispute to the other party by certified
U.S. Mail or by Federal Express (signature required) or, only if such other
party has not provided a current physical address, then by electronic mail
(“Notice”). GLOBAL LISTINGS, INC. address for Notice is: Global
Listings, Inc., 1221 Brickell Avenue, Ste 900, Miami, Florida 33131. The
Notice must: (a) describe the nature and basis of the claim or dispute;
and (b) set forth the specific relief sought (“Demand”). The
parties will make good faith efforts to resolve the claim directly, but
if the parties do not reach an agreement to do so within 30 days after
the Notice is received, you or Global Listings, Inc. may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer
made by you or Global Listings, Inc. must not be disclosed to the arbitrator
until after the arbitrator makes a final decision and award, if any. If
the dispute is finally resolved through arbitration in your favor, Global
Listings, Inc. will pay you the highest of the following: (i) the amount
awarded by the arbitrator, if any; (ii) the last written settlement amount
offered by Global Listings, Inc. in settlement of the dispute prior to
the arbitrator’s award; or (iii) $1,000.
19.5 Fees. If you commence arbitration in accordance with
these Terms of Service, Global Listings, Inc. will reimburse you for your
payment of the filing fee, unless your claim is for more than $10,000,
in which case the payment of any fees will be decided by the AAA Rules.
Any arbitration hearing will take place at a location to be agreed upon
in Miami-Dade County, Florida, but if the claim is for $10,000 or less,
you may choose whether the arbitration will be conducted: (a) solely on
the basis of documents submitted to the arbitrator; (b) through a non-appearance
based telephone hearing; or (c) by an in-person hearing as established
by the AAA Rules in the county (or parish) of your billing address. If
the arbitrator finds that either the substance of your claim or the relief
sought in the Demand is frivolous or brought for an improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure
11(b)), then the payment of all fees will be governed by the AAA Rules.
In that case, you agree to reimburse Global Listings, Inc. for all monies
previously disbursed by it that are otherwise your obligation to pay under
the AAA Rules. Regardless of the manner in which the arbitration is conducted,
the arbitrator must issue a reasoned written decision sufficient to explain
the essential findings and conclusions on which the decision and award,
if any, are based. The arbitrator may make rulings and resolve disputes
as to the payment and reimbursement of fees or expenses at any time during
the proceeding and upon request from either party made within 14 days of
the arbitrator’s ruling on the merits.
19.6 No Class Actions. YOU AND Global Listings, Inc. 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
OR REPRESENTATIVE PROCEEDING. Further, unless both you and Global Listings,
Inc. agree otherwise, the arbitrator may not consolidate more than one
person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
19.7 Modifications to this Arbitration Provision. If Global
Listings, Inc. makes any future change to this arbitration provision, other
than a change to GLOBAL LISTINGS, INC. address for Notice, you may reject
the change by sending us written notice within 30 days of the change to
GLOBAL LISTINGS, INC. address for Notice, in which case your account with
Global Listings, Inc. will be immediately terminated and this arbitration
provision, as in effect immediately prior to the changes you rejected will
survive.
19.8 Enforceability. If Section 19.6 is found to be unenforceable
or if the entirety of this Section 19 is found to be unenforceable, then
the entirety of this Section 19 will be null and void and, in that case,
the parties agree that the exclusive jurisdiction and venue described in
Section 16 will govern any action arising out of or related to these Terms
of Service.
20.Consent to Electronic Communications. By using the
Service, you consent to receiving certain electronic communications from
us as further described in the Privacy Policy. Please read the Privacy
Policy to learn more about our electronic communications practices. You
agree that any notices, agreements, disclosures, or other communications
that we send to you electronically will satisfy any legal communication
requirements, including that those communications be in writing.
21. Contact Information. The Service is offered by Global
Listings, Inc., located at 1221 Brickell Avenue, Ste 900, Miami, Florida
33131. You may contact us by sending correspondence to that address or
by emailing us at: Help@GlobalListings.com.