Terms of Service

Agreement between user and ListingSMS team, the creator of ListingSMS (the App).

Welcome to ListingSMS - an automated listing tool using SMS. The main website of the App (https://www.ListingSMS.com) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the app constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference if possible.

Electronic Communications

Visiting the main site (https://www.ListingSMS.com), or sending SMS, MMS or emails to the app - ListingSMS team constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfying any legal requirement that such communications be in writing. To opt out of SMS communication simply reply with STOP.

Links to third-party sites/third-party services

The application and ListingSMS main site (https://www.ListingSMS.com) may contain links to other websites. The linked sites are not under the control of the app and the app is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. The app - ListingSMS team is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ListingSMS team of the site or any association with its operators.

Certain services made available with the app and ListingSMS team are delivered by third-party sites and organizations. By using any products, services, or functionality originating from these sites and organizations, you hereby acknowledge and consent that the app - ListingSMS may share such information and data with any third party with whom the app has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.

Prohibited Use/Use of Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the app and related services by ListingSMS team strictly in accordance with these terms of use. As a condition of your use of these products and services, you warrant to the app - ListingSMS team that you will not use them for any purpose that is unlawful or prohibited by these Terms. You may not use these products and services in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the products and services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the products and services.

All contents included as part of the products and/or services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the product and services is the property of the app - ListingSMS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the products or related services. The app content and other works by ListingSMS team are not for resale. Your use of the product and/or services does not entitle you to many any unauthorized use of any protected content, and in particular, you will not delete content solely for your personal use and will make no other use of the content without the express written permission of ListingSMS team and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the app - ListingSMS team or our licensors except as expressly authorized by these Terms.

Privacy and Data Protection

ListingSMS is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that ListingSMS’s collection, usage, and disclosure of this personal information is governed by our Privacy Policy.

Indemnification

You agree to indemnify, defend and hold harmless the app, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the product or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The app - ListingSMS team reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the app in asserting any available defenses.

Liability Disclaimer

The information, software, products, and services included in or available through the products and services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ListingSMS team and/or its suppliers may make improvements and/or changes to the site at any time.

ListingSMS team and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, or services contained on the sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided without warranty or condition of any kind. ListingSMS team disclaims all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the ListingSMS team and its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the application and services, or otherwise arising out of the use of the products and services, whether based on contract, tort, negligence, strict liability or otherwise, even if ListingSMS team or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the products or services.

Termination/Access Restriction

ListingSMS team reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the products and services.

Contact Us

ListingSMS team welcomes your questions or comments regarding the Terms

Email address: contact@listingsms.com