Terms of Use

MyListingFeedback.com Terms of Use

Welcome to MyListingFeedback.com. The following Terms of Use contain the terms and conditions that govern Your use of this website located at http://www.mylistingfeedback.com (known as the "Site"), as well as Your use of the Service (See Section 2 Below). This Terms of Use describes Your rights and responsibilities and what You can expect from the Service. By clicking the Terms of Use checkbox upon registration, You are accepting these Terms of Use.

New features that may be added to the Site shall be subject to the Terms of Use. Should you continue to use the Site after any such modifications have been made, this shall constitute your agreement to such modifications.

Violation of any part of the Terms of Service will result in termination of your account.

1. The Site
This Site is maintained and owned by Carney Corp. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Any new features that augment or enhance the current Service, including the release of new features, tools and resources, shall be subject to the Terms of Service. We will post the changes to these Terms of Use on this page. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

2. The Service
Carney Corp. provides MyListingFeedback.com and its related services through web based software applications (all such services, collectively, the "Service") developed to supply information and/or replies to real property sellers and/or real estate professionals. This Service encompasses Internet postings, email notifications and the download and/or use of software. Carney Corp. may offer other services on its Site not mentioned above, which may change from time to time.

3. Registration Data and Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Carney Corp., to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Upon subscribing to the web based application, you will be permitted to enter Password Protected Areas of the site. You agree to notify Carney Corp. if your password is lost, stolen, disclosed to an unauthorized third party or otherwise may have been compromised. You agree that You are entirely responsible for any and all activities that occur under Your account, including any fees that may be incurred under Your password-protected account, whether or not You are the individual who undertakes such activities. You agree to immediately notify Carney Corp. of any unauthorized use of Your account or any other breach of security in relation to Your password or the Site that is known to You.

4. Trademarks
MyListingFeedback and other MyListingFeedback graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Carney Corp. in the U.S. and/or other countries. Carney Corp’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Carney Corp.

5. Use Rules for Service and Site
(a) You may only use the Site and Service as expressly permitted by Carney Corp. In addition, you agree not to use the Service or the Site to: (i) use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and/or Service; (iii) use automated scripts to collect information from or otherwise interact with the Service or the Site; (iv) collect electronic mail addresses or other information from third parties by using the Service, except for the limited purpose of responding to inquiries and/or comments from third parties; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Site and/or Service; or (vii) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

(b) You agree to Carney Corp.’s collection, use and disclosure of Your personal information in accordance with the Privacy Policy, which may be amended in the future without notice by Carney Corp., upon entering into these Terms of Use.

(c) You agree that Your use of the Service may be subject to an End-User License Agreement (EULA) and that in the event of any dispute between the terms of this Agreement and any EULA, the terms of the EULA will govern with respect to the limited scope of the EULA.

(d) You agree not to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

(e) You agree not to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

(f) You agree not to use or attempt to use another’s account, service or system without authorization from the Carney Corp., or create a false identity on the Service or the Site.

(g) You agree not to upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Carney Corp., is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Carney Corp. or its users to any harm or liability of any type.

(h) You hereby agree that you shall not use the Site and/or Service to transmit, disseminate, and/or distribute unsolicited commercial email in any manner that does not strictly comply with the Can-Spam Act.

6. Use License for Site and Service
(a) Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

(b) You understand that the Site uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service.

(c) Carney Corp. is continuously updating and modifying the Site and Service and reserves the right at any time and from time-to-time to modify or discontinue, permanently or temporarily, the Site and/or Service (or any part hereof) without notice to You without any liability to You.

7. Content
(a) Carney Corp. does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the Site (including, without limitation, any content posted from its users) or linked from the Site.

(b) Due to, among other things, the possibility of human and/or mechanical error, Carney Corp. shall not be responsible for any errors or omissions on the Site. Carney Corp. makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. Carney Corp. shall not be liable for any damages of any kind incurred as a result of the information posted on the Site including, without limitation, any content thereon, posted emailed, transmitted or otherwise made available via the Site and/or Service by third parties.

(c) When You submit replies, questions, comments, suggestions, ideas, postings, content submitted via web forms, communications or any other information ("Submissions"), You hereby grant Carney Corp. an irrevocable, exclusive, assignable, perpetual, worldwide right to use, modify, duplicate, display, perform, publish, sublicense, transmit, distribute, and/or translate such Submissions. You agree that Carney Corp. will have no obligation to keep any Submissions confidential. You will not bring a claim against Carney Corp. or any third party based upon "moral rights" or the like arising from Carney Corp.’s use of a Submission, all of which you hereby waive.

8. Fees
(a) The Service fee structure is subject to change at any time and for any reason. Carney Corp. reserves the right to modify the membership program and/or fees at any time upon prior notice sent via e-mail to the address You have registered in Your membership account. A valid credit card is required for paying accounts.

(b) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

(c) We will charge you a standard monthly fee based on your member account type. The Service is billed in advance for each month, and is non-refundable for all member accounts. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made. You are responsible for account cancellation prior to the end of your free trial term if you sign up for a free trial promotion.

(d) You must keep a current credit card on file with the Site. If Your credit card expires or otherwise declines payment, Your access to the Site and Service will be suspended. Thereafter You have thirty (30) calendar days from the date of Your member fees and charges were posted to Your account to submit remittance. You are responsible for Your membership fees and charges, including collection and legal fees Carney Corp. may incur in collecting a balance owed by You.

9. Cancellation/Termination
(a)You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You may cancel your account at any time by logging in to the Site and cancelling your subscription to the Service on the billing information account page.

(b) If You or Carney Corp. terminates Your use of the Site or the Service, all of your Content may be deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled and Carney Corp. will have no liability to You or any third party for doing so.

10. Disclaimers and Exclusions
(a) CARNEY CORP., THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND CARNEY CORP. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CARNEY CORP. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. CARNEY CORP. DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE.

(b) CARNEY CORP. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE AND/OR SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Limitation of Liability
IN NO EVENT WILL CARNEY CORP. OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF CARNEY CORP. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CARNEY CORP.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CARNEY CORP. FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL CARNEY CORP.’S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CARNEY CORP. FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CARNEY CORP., REGARDLESS OF THE CAUSE OF ACTION.

12. Indemnity
You agree to indemnify and hold Carney Corp., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

13. No Agency
Carney Corp. is completely independent from You. You and Carney Corp. agree that we are not engaged in any agency, partnership, joint venture, employee-employer, franchisee-franchisor or other type of relationship and no such relationship is intended or created by this Terms of Use.

14. Other
These Terms of Use constitute the entire agreement between you and Carney Corp. regarding the use of the Site and/or the Service, superseding any prior agreements between you and Carney Corp. relating to your use of the Site or the Service. The failure of Carney Corp. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

15. Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Kansas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Carney Corp. or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Kansas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Kansas.