Listmax ™ User Agreement
December 26, 2010

This Listmax User Agreement, (the "Agreement") is entered into by and between the company or individual specified during this online registration process ("User") and Listmax, a Massachusetts company ("Listmax") for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.  In order to use our services, you must first agree to terms of this document.  By actually using Listmax’s services, we will treat your use of our services as your acceptance of the user agreement.

Data Security
Your personal information and data is protected for your privacy and security. Listmax safeguards the security and confidentiality of the data you send us with physical, technical, and managerial procedures. Please be aware that, despite out best efforts, no security measures are perfect or impenetrable. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
Our website may contain links to websites operated by other companies. Some of these third-party sites may be co-branded with a Listmax logo, even though they are not operated or maintained by Listmax.   Although we choose our business partners carefully, Listmax is not responsible for the privacy practices of web sites operated by third parties that are linked to our site. Once you have left our website, you should check the applicable privacy policy of the third party website to determine how they will handle any information they collect from you.

Information Collection
Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, company name, email address, telephone number, postal or other physical address, a credit card number (including expiration date) to process payment for products and/or services and such other information when needed to provide a service that you requested. Certain of our product and services also store connection or session information such as time/date and length of collection, IP address, chat logs and technician information.
As you navigate through this site, certain anonymous information can be passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). Your internet browser automatically transmits to this site some of this anonymous information, such as the URL of the web site you just came from and the Internet Protocol (IP) address and the browser version your computer is currently using; the date and time you access the site and the pages that you access while at the site. This information is used to help improve the site, analyze trends and administer the site. This site may also collect anonymous information from your computer through cookies and internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of this site might not work without cookies.
Listmax collects personal information when you elect to use our software on a free trial basis or membership basis. Listmax only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Policy and applicable laws.

Termination
We may terminate or suspend your access to the Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease. Listmax may also in its sole discretion and at any time discontinue providing the site, or any part thereof, with or without notice.  You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Listmax may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Listmax shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.

Billing and Payments
Payments for subscription service are due on a monthly basis.  Invoice will be made available to you via email and/or in the administrator’s account.  Questions pertaining to billing should be directed to payments@Listmax.com.    Access to accounts with a past due balance are automatically suspended until payment is made.  You will not have access to any of Listmax’s services until your account is paid off. All payments that accumulate during the suspension period will be rolled over to the next billing cycle. 

Charge Backs
Charge -backs, cancellation of credit card and any other intentional non-payment.
If a user instructs his/her bank or credit card company to issue a chargeback on any payment, cancels a credit card prior to a monthly billing charge or engages in any other intentional non-payment, it will be deemed a payment made in bad faith and a violation of the contract. Access to user’s account will be frozen, refunded or dealt with in a manner Listmax deems appropriate. Additionally, user agrees that Listmax may pursue whatever legal means become necessary to secure repayment of the entire amount of the bad faith payment from the user.  User agrees to pay all Listmax costs in securing such payment, including collection agency costs and reasonable attorneys' fees.   There is an automatic charge of $25 for all charge backs.
Hold on funds.
If Listmax suspects monies may be subject to charge back or if fraud is suspected. Listmax will release a hold as soon as deemed appropriate. In cases of fraud, abuse or violation of this Agreement, the Listmax payment guarantee shall be revoked and all monies in the account may be held and/or reclaimed, not just those from the Contract(s) under investigation.

Indemnity
You shall indemnify and hold harmless Listmax and its subsidiaries and affiliates, and each of their respective officers, directors, employees and agents from and against any claims or demands, including without limitation reasonable legal and accounting fees and expenses, alleging or resulting from your use of Listmax and the Materials or your breach of this agreement, including, without limitation, any claim of infringement.

Non-Compete
Listmax agrees that its employees, agents, owners are prohibited from using any of your provided information/data in the establishment of a Real estate firm.  All Listmax employees, agents, affiliates are required to sign a legal document pertaining to this particular matter.  Listmax understand how mission critical your information is to your business.  You acknowledge and agree that Listmax may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Listmax, its users and the public.

Data Accuracy
Listmax makes no representation or warranties as to the accuracy or validity of the data submitted by customers or entered by Listmax.  Listmax will not be held liable for any delays, inaccuracies, errors, or omissions therefrom, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the above.

Advertisements
Listmax reserves the right to support some of the services we offer by advertising advertisements and/or promotions.  Our advertisement may be targeted towards the content of the service.  We also reserve the right to make changes to our advertising policy or the manner of which advertisements are delivered.  By using Listmax’s services, you agree and understand that we may place advertisements on some of the services we offer to you.

Applicable Law
The laws of the State of Massachusetts in United States of America will govern the terms of this agreement.    You agree that any action at law arising out of or relating to this agreement can be filed only in state or federal court located in Boston, Massachusetts.

Prohibited Conduct
Agree to not access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;

• You may not access, tamper with, or use services or areas of the Site that you are not authorized to access;
• You may not alternation information obtained from this site
• You may not tamper with other company’s listings, registration information,  or submissions
• You may not use a robot, spider, screen scraper or other automated tools or user interface not provided by Listmax to access data or gather or use information, such as email addresses.
•  You may not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail,"  or "spam,"
• Reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
• You may not send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" “Denial of Service” or other code that could adversely impact the Site or any recipient; or
• You may not take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.  In other words, please do not hack us.

Disclaimer and Limitation of Liability
The sites and materials are provided on an “AS IS” basis without warranties of any kind, either expressed or implied.  Your use of this site and services is at your sole risk.  Listmax does not warrant that contents of this site are:

•  Accurate, complete, reliable, current or error free.  Listmax and associates are not responsible for typographical errors and/or omissions relating to any our pricing, images, text, etc
• The site or its content will meet your requirements.
• The site will be uninterrupted, timely, secure, or error free.
• The quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations.
• That defect, if any, will be corrected.

YOU AGREE THAT Listmax SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN.
IN NO EVENT INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL Listmax, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING Listmax’S SERVICES OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,HACKER ATTACK,  GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Listmax HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(1) THE USE OR INABILITY TO USE THE SITE
(2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
(4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE
(5) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.