Last updated: April 3, 2022
These Listing Terms of Service are incorporated by reference into the Terms of Service (the “Terms”), which are available at https://presalevipgroup.com/about/terms-of-service. Any capitalized terms used but not otherwise defined herein have the meanings given to them in the Terms. These Listing Terms of Service specifically govern any User who uses the Listing Service offered by JLC Solutions.
By using the Listing Service to list any property on the Site (including without limitation any advertisement or other promotion of any property), You represent and warrant that: (a) the property or subdivision is eligible to be listed using the Listing Service, meaning the properties are newly built condos, townhomes, or single-family homes and available for sale; (b) You own or have the right to list the property or subdivision; (c) You have the right to sell the listed property or subdivision; (d) You are willing to sell the listed properties at the price and on any other terms specified in Your listing; (e) You will not list more than one property or subdivision, as applicable, in a single listing on the Listing Service; (f) upon selling or otherwise taking Your property or subdivision off the market, You will within 48 hours delete the listing for that property or subdivision, as applicable; (g) You will not use the Listing Service to advertise or promote anything, including, without limitation, any product, service, or business, other than the unique properties offered for sale; (h) You will not use the Listing Service to advertise shared housing, time shares, sub-units, or similar properties; (i) You will not use the Listing Service or the Site for any fraudulent, false, misleading, or deceptive activity; (j) all Content that You provide to the Site and everything in Your listing, including without limitation, any photos or text description, is truthful, accurate, and complete and complies with all applicable local, state, provincial, and federal laws and regulations, including without limitation real estate licensure or brokerage regulations, any applicable human rights codes, and any applicable laws, ordinances, codes, regulations, orders, local laws, bylaws, statutes, or regulations that facilitate access to housing; (k) You are solely responsible for any and all listings You add using the Listing Service, which shall be Your Content; (l) You have all the rights necessary to post Your listings using the Listing Service, including without limitation all Content contained therein, on the Site; and (m) photos You upload to the Listing Service will only show the properties listed for sale and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the property or its community. By submitting a listing via the Listing Service, You grant to JLC Solutions and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit Your Content. This permission includes express permission to syndicate the listing and Content to affiliated or partner sites. We reserve the right, in Our sole discretion, to remove any listing or Content from the Listing Service, without notice and without liability, including without limitation any listing or Content that does not meet the requirements of these Listing Terms of Service, the Terms, or Our policies, or if We otherwise determine or believe, in Our sole discretion, such listing or Content is inappropriate for any legal, business, technical, or other reason.
Listing Fees and Payment
The Listing Service may require fees paid to JLC Solutions. If You elect to use paid aspects of the Listing Service, You agree to Our then-current pricing and payment terms, as may be updated from time to time. We may add new Services for additional fees and charges, or We may add or amend fees and charges for existing Services, at any time in Our sole discretion. The prices listed by sellers exclude government fees and taxes, escrow and titling or registration fees, regulatory and electronic processing charges, appraisal charges, and any other fees required by law or the applicable seller that are customary for the purchase and sale of property in the U.S. or Canada, as applicable, any or all of which may be added to the listed price to arrive at the final sale price of the listed property or properties within a listed subdivision. All amounts on the website are in either U.S. or Canadian dollars.
While We or You may cancel, remove, modify, or restrict Your account or any listing at any time, there are no refunds for or in connection therewith, and You remain obligated for all applicable listing fees incurred through the Services prior to any such cancellation, removal, modification, or restriction. In the event that We suspend or terminate Your account or any listing, You understand and agree that You shall receive no refund.
All payments made by You to JLC Solutions shall be facilitated through Our third-party payment processing service and will be subject to such third party’s terms of service. All information that You provide in connection with a monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of Your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any and all applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
Violations of these Listing Terms of Service harm the integrity, functionality, and reputation of the Site; detract from Users’ and Our customers’ trust in and use of the Site; and damage Our business. Accordingly, You acknowledge and agree that JLC Solutions incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Listing Terms of Service. You agree that it is fair and reasonable for JLC Solutions, as Our option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by JLC Solutions for each such violation You commit and to seek and obtain injunctive relief to prevent future violations. You agree that monetary damages alone would not provide a sufficient remedy to JLC Solutions for violations of these Listing Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement of posting a bond. You agree specifically that the availability of liquidated damages does not impact Our right to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative.
USD $5,000 Per Listing. You agree to pay USD $5,000 per listing on the Site that contains false, fraudulent, or deceptive Content (including but not limited to false or misleading property location, availability, price, descriptions, photos, or contact information).
JLC Solutions DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS TO YOU REGARDING THE LISTING SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL YOUR PROPERTY, OBTAIN AN ACCEPTABLE PRICE FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR SALE. We reserve the right, but are under no obligation and do not assume any obligation, to review listings added using the Listing Service before and/or after they are posted to the Site to confirm information relating to the listing User and listing and to investigate complaints and suspicious activity. If We determine, in Our sole discretion, that You are engaging in any unfair, deceptive, false, misleading, or fraudulent practices, or that Your listing violates any laws or guidelines, We reserve the right to reject or immediately remove Your listing from the Site without notice and without liability, as described above.
IF YOU DO NOT AGREE TO THESE LISTING TERMS OF SERVICE, OR THE TERMS, OR TO ANY CHANGES TO THE TERMS (INCLUDING WITHOUT LIMITATION THESE LISTING TERMS OF SERVICE), YOU ARE NOT PERMITTED TO USE THE LISTING SERVICE AND MUST EXIT THE SERVICE IMMEDIATELY.