Terms and Conditions

WebListers LLC
3245 University Ave, #1625
San Diego CA, 92104

TERMS AND CONDITIONS OF USE

The following terms and conditions of use are applicable to any and all users that utilize the programs features and services in any capacity. By using the SocialAct program built by WebListers LLC known in these terms as the SITE, you accept the program agreement and agree to comply with the Terms and Conditions of Use ("Acceptance through use") and you certify that you have viewed, understand fully and completely accept the terms and conditions of use.

LICENSE TO USE THIS SITE

Upon acceptance of the agreement (through use) or by clicking "I Agree to the Contract Terms" upon sign up, WebListers, LLC hereby grants you a non-exclusive, non-transferable limited license to use the SITE in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this SITE. You agree not to make any false or fraudulent statements in your use of or to gain access to this SITE. WebListers captures information you provide about yourself upon sign up, including your IP address. You acknowledge and agree that all content and services available on this SITE are property of WebListers, LLC and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by WebListers, LLC and licensors.

BILLING

Your SocialAct program is hosted on our live server(s) on a quarterly basis and you can cancel at anytime by giving a 30 day written notice. Cancellation requirements are set forth below. The monthly fee you pay includes the use of the SITE, hosting all necessary information and for additional program features and benefits. You agree to pay for any and all purchases and services made through this SITE, and to pay for any and all late fees, collections and/or attorney's fees resulting from any non-payment. WebListers will begin to bill you for services no later than two weeks (14 days) after your initial sign-up, or after a personnel from the community has completed training, whichever comes first. Invoices are sent via e-mail and on some occasions by fax. Optional mailing through the USPS is available for an additional $10 per mailed invoice. Any past due mailed invoices will also be charged $10 per mailed invoice. If you are using multiple services thro ugh WebListers LLC then one invoice will be sent. Separate invoicing is not allowed.

The sign up date for [YOUR COMMUNITY NAME] Apartments is [SIGN UP DATE]. The monthly rate will be $79.95 per month. There is a one-time set-up fee of $99.00. Payment shall be paid within 30 days of the date on the invoice. A late fee of $25 will be charged for payments received 60 days past the due date per invoice. The late fee will be charged and the rate will be increased to the regular rate if 60 day obligation is not fulfilled. Service may be suspended or cancelled if payment is not received within seven (7) days of the due date.

WebListers will do everything possible to provide exceptional service to our clients. From time to time, the 3rd party site that you may be accessing, may implement changes that could affect your SocialAct program with WebListers. The inability to use service due to 3rd party posting SITES being down, offline, requiring account signup(s), requiring monthly and/or service charges, or other requirements by the 3rd party site will in no way waive or reduce or allow for proration of monthly service fees. WebListers reserves the right to change our pricing at any time. WebListers agrees to give your community a 30 day notice if a price change occurs.

CONTENT

Each community and corporate staff member will have access to SocialAct for the purpose of monitoring and responding to reviewed content for its intended purpose. Such use and access will be continuous on a 24 hour basis except for interruptions by reason of maintenance or downtime beyond WebListers' reasonable control.

Each community will use the SocialAct program, and its features only for its intended business use and will not permit the program or any part of the program be used by or for the benefit of anyone other than their specific community. The community nor its operating company, partners, or affiliates will have the right to sell rights to access and/or transfer or assign rights to access. The community may not modify, translate, reverse engineer, decompile or create derivative works based upon this program.

WebListers will provide space on its server for storage of data necessary for using the SocialAct program. The community will not have direct access to this server and is not permitted to use this storage space. WebListers will have the right to delete and move stored information on server as needed which could result in deleting of old materials off of 3rd party site.

The content provide in the SITE representing many different webSITES and online applications are not owned nor being represented by WebListers. We do not have any control on making changes or updating of these SITE. The logos and information are solely owned by the different webSITES and online applications and are not affiliated to WebListers or the SITE.

WebListers and/or the SITE does not knowingly host any unlawful, harmful, threatening, abusive, illegal, copyright infringing, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, or be discriminatory in nature against any group of people/person(s) content and it is a violation of our Terms & Conditions to upload any of the above referenced material(s) to your account, ad's or in any email message that contains WebListers name or information contained within it.

When uploading information to your account, you may not upload content not associated or belong to your community. You may not upload links to SITES not directly related to your community or webSITES not approved for use with SocialAct. Should WebListers become aware in any way of links not associated with your community within your account, you will be notified and asked to remove them, however, it is your sole responsibility to monitor the links and information being uploaded to your account by individuals that have access.

WebListers reserves the right at any time to delete photos and content that violate our terms and conditions at any time, with or without notification. Reoccurrence of this type of violation, may result is suspension of your account pending further review.

ANALYTICS

The SocialAct program generates analytics based on user usage and interactions from SITES listed in the program. Data is collected from the moment when a user logs into the program and begins the interaction with the program and third party SITES. These interactions are then tracked and organized into graphs and charts that can be viewed in real time within the SocialAct program and occurring after beta testing in weekly and monthly emailed reports.

From time to time, errors may occur within the system, servers and 3rd party site and we cannot guarantee 100% accuracy due to these typical technical issues. Servers, programming, and system maintenance all require down time, both intentional and non intentional and during these times, the analytics will not reflect data and the data cannot be replicated from these down times. WebListers will not be liable for how the analytics are affected and is under no obligation to provide separate or additional reports during the affected times or proration of fees.

3RD PARTY SITES AND REVIEW SITES

WebListers provides the SocialAct Program which allows users to connect to various review SITES and 3rd party social SITES. Should any of these SITES restrict use, or remove/deny access, be unavailable or offline for maintenance, WebListers will not be held responsible or liable for any damages or disputes that arise. By using the SocialAct program, you accept each SITES terms and conditions and allow your user ID and password to access these SITES through SocialAct. Monitoring the content of these SITES is the sole responsibility of the community staff and/or managing company. We are not affiliated with, nor partners of these SITES. You accept full responsibility of any content you put on these SITE and hold WebListers LLC harmless of any statements made by company personnel, reviews and responses made by company staff, and/or made by review participants. We do not monitor these SITES and it is the apartment managements responsibility to make routine log-ins to monitors the SITES inside of Social act. The list of SITES may change at any time. We cannot guarantee the availability of any these SITES. There are many variables that affect how/why these SITE might be working. Many of these SITES go up and down quickly, merge, sell or become unavailable. WebListers is not responsible for the accuracy rate of these SITES. The SocialAct program allows for reviewing and responding to the available 3rd party site 24 hours a day. WebListers is not responsible for the accuracy in general or placement of your information on these SITES. Certain SITES have a long standing history of being well hosted and available and a list of those SITES is available from our tech support team. Often, we do not know which SITES your information goes on because of the 3rd party site that share and copy information from SITE to SITE. You may choose to opt out of this feature at anytime. To opt out, simply email info@WebListers.com or call 800-784-2155.

OTHER

Technical issues or problems with the SocialAct program shall be directed by email to: info@WebListers.com. Email for help should include a full description of the issue. You may also use the "contact us" link from within the SocialAct program, or call us at 800-784-2155.

Each community acknowledges that the SocialAct program and other data embodies logic, design and coding methodology that constitute valuable confidential information that is proprietary to WebListers. Each community will safeguard the right to access this SITE and other programs on WebListers' SITE and server using the same standard of care that community uses for its own confidential materials.

Falsifying information and/or unauthorized signing up of a community will result in criminal prosecution as well as costs of damages and penalties under the law. We reserve the right to delete inappropriate ads (illegal content, fraud attempts, spam, misrepresentation, (et cetera) without prior notice. In the event that we remove or delete ad's, the community manager will be notified. If the issue(s) remain uncorrected, a member of senior management, such as a regional manager, area Vice President or Marketing manager/director may be notified.

This SITE generally does not pre-screen, monitor, or edit the content posted by users of this SITE. However, this SITE and its agents have the right, at their sole discretion, to remove any content that, in this SITE's sole judgment, does not comply with the Terms and Conditions or is otherwise harmful, objectionable, or inaccurate. This SITE is not liable for any failure, delay, damages or results, in removing such content.

This webSITE contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

Reproduction is prohibited unless otherwise released by WebListers LLC, in which a new and separate agreement would be negotiated.

USER ID AND PASSWORDS

Once you sign up to become a user of this program, you will receive a user ID and password after training or once you are invoiced via email. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time in the settings of your SocialAct program. Employees being granted access to user ID(s) and Password(s) must be an employee of your company. It is your responsibility to change password(s) should an employee be separated from his or her employment in any way.

WE DO NOT ALLOW SPAM

Member warrants that:

TERMINATION/CANCELLATION OF SERVICE

You agree that your use of this SITE may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this SITE in violation of the Terms and Conditions and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors, vendors or employees. In such event, you agree that the owner of this SITE may disclose your identity and contact information, if requested by a government or law enforcement body as a result of a subpoena or other legal action, and the owner of this SITE shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the SITE, it's owners, officers, employees, contractors or vendors, in the event that such disclosure is made in compliance with the law.

If your community wishes to cancel their SocialAct program, then the community agrees to give a 30 day notice in writing by using one of the three (3) communication methods below:

By email: info@weblisters.com (include community and person requesting cancellation)
By fax: 619-202-0226
By mail: 3245 University Ave, #1625, San Diego, CA 92104

Upon receipt of your cancellation notice, we will contact you to confirm your cancellation. If you do not receive a notice that we have received your cancellation request, it is your responsibility to contact us. Billing will continue until we have received your cancellation notice and confirmed your request with you. Any and all outstanding balances will be due in full upon cancellation.

LEGAL

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WEBLISTERSLLC, AND/OR ITS LICENSORS, AGENTS, VENDORS, EMPLOYEES OR SERVICORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE THIS SITE FOR ANY REASON, INCLUDING NON-COMPLIANCE WITH THE SITES TERMS AND CONDITIONS. WEBLISTERS LLC IS NOT RESPONSIBLE FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (RATHER OR NOT WEBLISTERS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY.IN NO EVENT WILL WEBLISTERS LLC' MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU FOR USE OF THE SERVICE.

THIS APPLIES TO THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WebListers LLC, AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NO WARRANTIES

WebListers DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEB SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITE, OR ANY SITES LISTED THEREIN, AND THE WEB SITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEB SITE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

This SITE is controlled by WebListers LLC from its offices located within the state of California, United States of America. It can be access from all 50 states as well as from other territories or countries around the world to the extent permitted by SITE. As each of these places has laws that may differ from the state of California, by accessing this SITE, both you and WebListers LLC agree that the statues and laws of the state of California shall apply to any actions or claims arising out of or in relation to the terms and conditions, any and all disputes, including tort, negligence, strict liability or your use of this SITE or any features and benefits it provides, without regard to conflicts of laws principles thereof. You and WebListers LLC also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English. WebListers LLC makes no representation that materials on this SITE are appropriate or available for use in other locations, and accessing them from territories or countries where their contents are illegal is prohibited.

FEDERAL FAIR HOUSING ACT

It is the responsibility of the member and/or Management Agent that access through our SITE to abide by the Fair Housing Act. The federal Fair Housing Act states it is illegal to discriminate "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination". If we discover responses to reviews or writings made by the apartment management that violate the Fair Housing Act, we will suspend access to the SocialAct program and contact a regional manager or owner/operator in order to ensure correct compliance is being maintained. We do not, however, check all SITES and it is not our responsibility but instead the apartment management's responsibility to abide by the Fair Housing Acts and you release WebListers, LLC of any and all liability related to issue(s) related to the Federal Fair Housing Act should they arise.

The Federal Fair Housing Act requires that a community using other languages to maintain a supply of all required disclosure(s) and documents in that language. WebListers, LLC reserves the right to change its terms and conditions of the SocialAct program at its discretion. It is your responsibility to check back to view changes or additions to ensure compliance.

TRADEMARK DISCLAIMER

WebListers LLC respects the intellectual property rights of others. All trademarks remain property of their respective holders, and are used only to directly describe the products and services being provided. Their use in no way indicates any relationship between WebListers LLC. and the holders of said trademarks.

The use of any non WebListers LLC products is in no way sponsored or endorsed by the products' original authors, copyright holders, or any other third parties.

Unless specifically noted, the 3rd party information distributed by WebListers LLC has not been modified or altered in any way from its original form. We simply provide the service of placing the content in a single website. As such, any usage of trademarks to refer to such products is considered nominative use.

Yelp, the Yelp icon and the Yelp logo are registered trademarks of Yelp, Inc.

Apartment Ratings, the Apartment Ratings icon and the Apartment Ratings logo are registered trademarks of Internet Brands, Inc.

Google Plus, the Google Plus icon, the Google Plus logo, YouTube, the YouTube icon and the YouTube logo are registered trademarks of Google, Inc.

FourSquare, the FourSquare icon and the FourSquare logo are registered trademarks of FourSquare Labs, Inc.

Facebook, the Facebook icon and the Facebook logo are registered trademarks of Facebook, Inc.

Twitter, the Twitter icon and the Twitter logo are registered trademarks of Twitter, Inc.

Pinterest, the Pinterest icon and the Pinterest logo are registered trademarks of Pinterest, Inc.

Instagram, the Instagram icon and the Instagram logo are registered trademarks of Instagram, LLC.

Any usage of these terms anywhere on the SocialAct website is done so simply as part of the description of their product.


Updated May 1, 2014