Acceptable Use Policy

Last Updated April 11, 2022

The purpose of this Acceptable Use Policy (the “Policy”) is to outline the acceptable use of certain ListReports Services that enable you to contact ListReports’ Members that are identified to you on the ListReports Platform (“Communication Services”). ListReports’ intention for publishing this Policy is to clearly state the acceptable use of our systems. This Policy is in addition to the ListReports Terms of Service, and Privacy Policy which apply in full to all use of the Communication Services. All capitalized terms not defined here have the meaning given to them in the ListReports Terms of Service. Nothing in this Policy will be construed to amend or contradict the ListReports Terms of Service or Privacy Policy unless explicitly stated. 

Permitted Use

Our Communication Services are designed to provide a simple and powerful way for you to connect with your clients or perspective clients who have expressed an interest in your real estate services (your “Clients”) by either contacting your Clients directly on the ListReports Platform or enabling the ListReports Platform to contact those Clients on your behalf (the “Permitted Use”). You acknowledge that as part of the Permitted Use, ListReports may either enable you to contact Clients directly on the Platform or  contact the Clients for which you provide us a valid name and contact information (“Client Data”) unless you direct us otherwise in writing or ListReports is unable to process your request. As such, you represent and warrant to ListReports that:

1. The Clients you contact via the Communication Services or the Permitted Use are expecting to hear from you or your organization, and have expressed an interest in your real estate services or you have a good faith belief that these potential Clients are interested in engaging with you regarding your professional services; 
2. You have obtained all necessary rights, permissions, and consents from your Clients (1) to contact them regarding your real estate services; (2) to utilize the ListReports Platform to contact these Clients or to have your third party vendors and service providers, including ListReports, contact these Clients on your behalf; (3) to contact them or have ListReports contact them on your behalf via email or automated text messages; and (4) to grant ListReports the rights provided in this Policy and to carry out the Permitted Use, all without violating or infringing any applicable laws, third-party rights (including intellectual property, publicity, and privacy rights), or any terms or policies governing the Client Data.  
3. You have granted ListReports a non-exclusive, royalty-free, revocable, license to such Client contact information (“Member Content” under Section VI.3 of the Terms of Service) in order to provide the Communication Services and other ListReports Service, and in compliance with our [Privacy Policy]; 
4. You have all necessary rights, consents, permissions, licenses, releases, and other authority to all Client contact information you provide ListReports in order to facilitate the Permitted Use and to grant ListReports the rights to use such Client contact information as contemplated in the Permitted Use; 
5. You are solely responsible for all Client contact information you make available on or through the Communication Services;
6. If you are using a Communication Service where you can initiate an email directly through the ListReports Platform, you acknowledge that it is your responsibility to: 
   1. Store any emails you send and receive
   2. Include all desired or necessary signatures, footers, and relevant disclaimers;
7. You will promptly comply with all opt-outs, unsubscribes, “do not call,” and “do not send” requests you receive from any Client while utilizing the Communication Services or sent to you by ListReports pertaining to one of your Clients; and
8. Likewise, you will promptly notify ListReports of all opt-outs, unsubscribes, “do not call,” and “do not send” requests sent to you by one of your Clients by emailing Support@listreports.com. 

Prohibited Actions

You may not use the Communication Services nor direct ListReports as part of the Communication Services to:

1. Use the Communication Services to create, publish, or distribute content that violates our Rules of Conduct, Section VII of our Terms of Service;
2. Engage in any activity that is not a Permitted Use as described above; 
3. Infringe on a third party’s proprietary, contractual, or intellectual property rights; 
4. Send spam or otherwise violate applicable laws or regulations pertaining to the Communication Services, including the CAN-SPAM Act and the TCPA;
5. Email an address or text a phone number obtained via internet harvesting methods or any surreptitious methods (e.g. scraping or harvesting); 
6. Email an address or text a phone number that is inaccurate and/or not updated for all applicable opt-out notifications, using best industry practices;
7. Engage in any activity that is fraudulent, false, or misleading;
8. Contact a Client who has previously opted-out, unsubscribed or otherwise requested not to be contacted by you; 
9. Otherwise engage in activity that is likely to result in an excessive number of unsubscribe requests or Spam complaints or notices; or
10. Violate the privacy of others or distribute confidential or personal information of others without the appropriate permission.

Violations

If ListReports discovers a violation of this Policy, ListReports may immediately terminate your ListReports account, suspend or terminate access to the Communication Services and/or the LR Platform, or take any other appropriate action, including legal action if warranted. If you become aware of any violation of this Policy, please contact us at support@listreports.com. ListReports will investigate all reports and take immediate, appropriate action where warranted at ListReports’ sole discretion. 

Miscellaneous. (1) No Warranty: ListReports makes no representations or warranties to you regarding the Communication Services , including but not limited to any implied warranties of fitness for a particular purpose. (2) Severability: If any provision of this Policy is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. (3) Modification to this Policy: ListReports reserves the right to modify this Policy at any time in accordance with the Preamble of the Terms of Service.