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Terms of Use

Effective Date: 30 August 2021

Listella Inc (hereafter referred to as “Listella“, “we“, “us”, or “our”) provides an online platform that connects Landlords and authorized property managers (“Customers”) with Renters (“Users”), and facilitates certain aspects of the rental process, (collectively, the “Services”), which Services are accessible at www.Listella.com and any other websites through which Listella makes the Services available (collectively, the “Site”) and our application for mobile devices (the “Application”). By downloading, accessing, or using the website or other products or services of Listella, Inc and our affiliates (“Listella“, “we“, or “us“), you agree to be bound by these Terms. Listella Inc does not: (a) act as a real estate agent for you or any other user, landlords, or potential tenants;(b) screen properties or listings or offer any guarantee or advice regarding the suitability of properties; (c)represent you or another user in the exchange of real property, including any negotiation thereof; or (d) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Listella Inc assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that users take based on the Services or any other information available through or in connection with the Services.

Thank you for using Listella!

Use of our Services is limited to users 18 years of age and older and who can form legally binding contracts. By using our Services, you represent and warrant to us that you are at least 18 years of age or older. Persons under the age of 18 are prohibited from creating Listella's accounts.

Although Listella puts the utmost effort into user verification, it is difficult to verify identities and profiles on the Internet and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

Listella uses Stripe to perform online payment transactions. By using this feature of the Service, you agree to be bound by the Stripe Connected Account Agreement, available at https://stripe.com/connect/account-terms. This may be updated from time to time. For avoidance of doubt, if any payment you initiate using the Service does not complete successfully, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until cancelled.

Access to Listella's platform is granted based on Your email address. The account created is registered to You and only You may use the account. Allowing an unauthorized person access to Listella's Services is a breach of this Agreement. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Your use of the Services must follow the rules set forth in this Agreement. Any other use of the Services and its Content is a material breach of this Agreement. Listella may monitor Your use of the Service and it's Content to ensure that you are following the terms outlined in this Agreement.

Using our services does not give you ownership of any intellectual property rights in our services or the content you access. You may not use content from our services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services. Don't remove, obscure, or alter any legal notices displayed in or along with our services.

We employ the use of cookies. By accessing Listella, you agreed to use cookies in agreement with the Listella Inc's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Listella's tenant selection and confirmation features are designed to make communication between landlords and prospective tenants easier; neither they nor any other aspect of the Services are intended to create any kind of contract or other legal obligation between a landlord and a prospective tenant (or between anyone else).

You must be a human and not a bot or automated system. Accounts registered by “bots” or automated systems of access are not permitted.

We do not intentionally gather personal information from individuals who are under the age of 13. If a child under 13 submits personal information to Listella and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at: hello@Listella.com.

You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process.

We are not responsible for the accuracy of anything another user posts or submits to our platforms.

We are not responsible for the conduct of users on or off our platforms.

If you are a landlord, you agree that you are familiar with all applicable fair-housing and antidiscrimination laws and that you will adhere to them. You also agree that the contents of any listings you post on or link to Listella Platforms will be accurate and not misleading.

Only tenants and prospective tenants may set up or use User accounts. Landlords, brokers, and other third parties may not submit rental applications on behalf of prospective tenants and may not configure, authorize, or initiate rent payments, credit or background check report orders, or other transactions on behalf of tenants or prospective tenants.

If you violate any of the Terms of Service, we may terminate your account without notice.

Listella Inc reserves the right to modify or terminate the Service for any reason, without notice, at any time.

Listella Inc reserves the right to alter these Terms of Service at any time. Your continued use of the Service following a change to these Terms of Service constitutes acceptance of the change.

Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website.

Listella Inc reserves the right to refuse service to anyone for any reason, and likewise to suspend or discontinue your use of the Service at any time for any reason or no reason. We may terminate or suspend your account if you engage in fraudulent or illegal conduct, provide inaccurate, incomplete, false, or misleading information, fail to provide us with requested information or otherwise violate these Terms of Use or any of our policies, or if we determine, in our sole discretion, that your use of the Services poses an unacceptable credit or fraud risk to us.

If you are a landlord, you agree to indemnify, defend, and hold harmless Listella Inc and our affiliates, agents, officers, employees, and vendors from any claim, suit, action, or loss arising from or relating to your use of the Service or your violation of these Terms of Use (collectively, any “Claim “), including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fines or other penalties, litigation costs, and attorneys’ fees.

The service provided is “as-is “ with no promises of any kind. Neither Listella nor our affiliates, agents, officers, employees, and vendors warrant or guarantee that the service will meet or continue in the future to meet your needs, or that Listella will continue to provide the service in the future. As permitted by law, we disclaim all warranties for the service, including without limitation implied warranties of non-infringement, merchantability, fitness for particular purpose and seaworthiness.

We will not be liable or responsible for lost profits, revenues or data, financial losses or exemplary, consequential, special, indirect, or punitive damages. Our total liability for any claim relating to the services of these terms of service, including any claim for any implied warranty, is limited to the amount you paid to us the service.

If you violate any of these Terms of Service and Listella does not take action right away, that doesn’t mean we are waiving any of our rights.

Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.Listella.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy.

Some advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data.

Google https://policies.google.com/technologies/ads

Third-party ad servers or ad networks use technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Listella, which are sent directly to users' browsers. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that Listella has no access to or control over these cookies that are used by third-party advertisers.

Listella's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options. You may find a complete list of these Privacy Policies and their links here: Privacy Policy Links.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites. What Are Cookies?

Listella Inc. (“Listella”), requires users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others and will respond to claims of copyright infringement committed using Listella platforms if such claims are reported to Listella's designated copyright agent.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on any Listella platforms by delivering a DMCA Notice of Alleged Infringement (“Notice”) via email or postal mail to the address below.

Upon receipt of such a Notice as described below, Listella will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the applicable Listella platform.

A Notice should contain the following information and statements:

  1. Identify the copyrighted work that you claim has been infringed
  2. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  3. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  5. Provide your full legal name and your electronic or physical signature.

Written notification of claimed infringement must be submitted to the following Designated Agent:

Listella, Inc.

Attention: DMCA Copyright Agent

24600 S TAMIAMI TRAIL, SUITE 212

BONITA SPRINGS, FL 34134

Email Address of Designated Agent: legalteam@Listella.com

Section 512(f) of the Digital Millennium Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be sent to Listella customer service by sending an email to hello@Listella.com

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