Terms of Service

Last Updated: November 16th 2016

Welcome, and thank you for your interest in Global Listings, Inc. (“GlobalListings.com,” “we,” or “us”) and our Global Listings Marketplace service, along with our website at www.globallistings.com, related websites, applications, and other services provided by us (collectively, our “Service”). These Global Listings Marketplace Terms of Service are a legally binding contract between you and GlobalListings.com regarding your use of the Service. If you agree to these Marketplace Terms on behalf of an organization, then you represent and warrant that you have the authority to bind that organization to these Marketplace 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 GLOBAL LISTINGS MARKETPLACE 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 “MARKETPLACE TERMS"). If you are not eligible, or do not agree to the Marketplace Terms, then you do not have our permission to use the Service.

These Marketplace Terms provide that all disputes between you and GlobalListings.com 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 GlobalListings.com.


  1. GlobalListings.com Service Overview. The Service is an online platform that enables users to view and upload real estate listings (“Listings”). You may view Listings without registering for an account, but you must register in order to post Listings to the Service. Registration is subject to, and requires acceptance of, the Marketplace Terms.`
  2. Eligibility and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Marketplace Terms, 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 support@globallistings.com.
  3. Privacy Policy; Additional Terms
    1. Privacy Policy. Please read the Global Listings Marketplace Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Global Listings Marketplace Privacy Policy is incorporated by this reference into, and made a part of, these Marketplace Terms.
    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. 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 Marketplace Terms.
  4. Modification of these Marketplace Terms. We reserve the right, at our discretion, to change these Marketplace Terms on a going-forward basis at any time, in which case we will publish the revised Marketplace Terms through the Service. Please check these Marketplace Terms periodically for changes. The revised Marketplace Terms shall become effective on the earlier of (a) your acceptance of the revised Marketplace Terms, (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 Marketplace Terms will be resolved in accordance with the version of these Marketplace Terms 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
    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.
    2. Limited License Grant. By posting or publishing User Content, you grant GlobalListings.com a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify (including as part of formatting or reformatting for display and syndication), and distribute (directly and indirectly through syndication channels) your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
    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:
      1. a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize GlobalListings.com to exercise the licenses granted by you in this section, in the manner contemplated by GlobalListings.com, the Service, and these Marketplace Terms; and
      2. b) your User Content, and the use of your User Content as contemplated by these Marketplace Terms, 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 GlobalListings.com or any of its users, customers, or syndication partners to violate any law or regulation.
    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. GlobalListings.com 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 GlobalListings.com 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 Marketplace Terms, 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 GlobalListings.com expressly disclaims any and all liability in connection with the accuracy of such translations.
  7. Digital Millennium Copyright Act
    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)
      300 Spectrum Center Dr., Ste. 400
      Irvine, California 92618
      Email: copyright@globallistings.com

      Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

      1. 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;
      2. b. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
      3. c. a description of the material that you claim is infringing and where it is located on the Service;
      4. d. your address, telephone number, and email address;
      5. 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
      6. 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.
    2. Repeat Infringers. GlobalListings.com’s policy is to promptly terminate the accounts of users that are determined by GlobalListings.com to be repeat infringers.
  8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    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
    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;
    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;
    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;
    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 GlobalListings.com;
    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;
    9. sell or otherwise transfer the access granted under these Marketplace Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Materials; or
    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 Marketplace Terms, your permission from us to use the Service will terminate automatically. In addition, GlobalListings.com 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 GlobalListings.com. 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 GlobalListings.com (“Materials”) are protected by intellectual property and other laws. All Materials are the property of GlobalListings.com or our third-party licensors (including User Content and Listings, which are the property of the applicable users). Except as expressly authorized by GlobalListings.com, you may not make use of the Materials. GlobalListings.com reserves all rights to the Materials not granted expressly in these Marketplace Terms.
  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 GlobalListings.com 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 GlobalListings.com and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “GlobalListings.com 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 Marketplace Terms, any representation, warranty, or agreement referenced in these Marketplace Terms, 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 GlobalListings.com 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 GlobalListings.com 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 GlobalListings.com. 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 GlobalListings.com ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE MARKETPLACE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR 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 OR CONTENT.

    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 GlobalListings.com 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 GlobalListings.com ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

    EXCEPT AS PROVIDED IN SECTION 19.4(iii), THE AGGREGATE LIABILITY OF THE GlobalListings.com 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 MARKETPLACE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO GlobalListings.com 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 MARKETPLACE TERMS 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 MARKETPLACE TERMS. 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 MARKETPLACE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  16. Governing Law. These Marketplace Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Marketplace Terms, then you and GlobalListings.com agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute.
  17. Entire Understanding; Conflicts. The Marketplace Terms, including the Global Listings Marketplace Terms of Service, the Global Listings Marketplace Privacy Policy, Additional Terms and any other agreements expressly incorporated by reference into these Marketplace Terms, are the entire and exclusive understanding and agreement between you and GlobalListings.com regarding your use of the Service. In the event of a conflict between a provision of any Additional Terms and a provision of the Global Listings Marketplace Terms of Service, the provision of the Additional Terms shall prevail.
  18. General. You may not assign or transfer these Marketplace Terms or your rights under these Marketplace Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Marketplace Terms 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 Marketplace Terms, or any provision of these Marketplace Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Marketplace Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Marketplace Terms 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 Marketplace Terms, Sections 2 and 3 through 20, along with the Global Listings Marketplace Privacy Policy and any other accompanying agreements, will survive.
  19. Dispute Resolution and Arbitration
    1. Generally. In the interest of resolving disputes between you and GlobalListings.com in the most expedient and cost effective manner, you and GlobalListings.com agree that every dispute arising in connection with these Marketplace Terms 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 Marketplace Terms, 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 Marketplace Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE MARKETPLACE TERMS, YOU AND GlobalListings.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    2. Exceptions. Despite the provisions of Section 19.1, nothing in these Marketplace Terms 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.
    3. Arbitrator. Any arbitration between you and GlobalListings.com 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 Marketplace Terms, 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 GlobalListings.com.
    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”). GlobalListings.com's address for Notice is: Global Listings, Inc., 300 Spectrum Center Dr., Ste. 400, Irvine, California 92618. 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 GlobalListings.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or GlobalListings.com 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, GlobalListings.com 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 GlobalListings.com in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
    5. Fees. If you commence arbitration in accordance with these Marketplace Terms, GlobalListings.com 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 Santa Clara County, California, 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 GlobalListings.com 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.
    6. No Class Actions. YOU AND GlobalListings.com 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 GlobalListings.com 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.
    7. Modifications to this Arbitration Provision. If GlobalListings.com makes any future change to this arbitration provision, other than a change to GlobalListings.com's address for Notice, you may reject the change by sending us written notice within 30 days of the change to GlobalListings.com's address for Notice, in which case your account with GlobalListings.com will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    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 Marketplace Terms.
  20. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in the Global Listings Marketplace Privacy Policy. Please read the Global Listings Marketplace 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 300 Spectrum Center Dr., Ste. 400, Irvine, California 92618. You may contact us by sending correspondence to that address or by emailing us at support@globallistings.com.