Listing Agreement

Property Listing Agreement

Brownfield Listings LLC

This web site and all of our products or services available through our Site (such Site, products and services, collectively, the "Services") are provided by Brownfield Listings, LLC. By accessing and using the Services, you are indicating your acknowledgement and acceptance of this Listing Agreement (as well as BL’s Terms of Use and our Privacy Policy). Further, by checking the Listing Agreement acceptance box on the Site or Services labeled “I agree to the terms and conditions of the BL Listing Agreement,” you expressly agree that your checking that box constitutes your signature and your acceptance and agreement to be bound by the terms and conditions of this Listing Agreement. By listing property on this Site and/or utilizing the Services, you further agree that you are responsible for your own User Content that you upload to the Site or the Services and compliance with any local, state, federal, international or otherwise applicable laws. If you do not agree with any of the Terms of Use or terms and conditions of this Listing Agreement, you are prohibited from using or accessing the Services and you further agree to reasonable measures BL may take to prohibit your future use of the Services.

By listing your property on the Site or Services you affirm and represent that you are the property owner or you are authorized by the property owner to list property on this Site or Services or other real estate websites or other online software application. If you are not the owner or the owner’s authorized agent or do not have the express permission of the owner, you may not list property on the Site or Services. BL may contact authorities or pursue legal action against you if you post property under false pretenses or in connection with a fraud. You further agree to hold harmless and defend BL from any action arising from such false pretense or fraud on your behalf.

If you are under the age of 18, you may not use our Services. If you are accessing and using the Services on behalf of an organization, company or other legal entity, you represent and warrant that you have the authority to bind that organization, company or other legal entity to this Listing Agreement. In that case, "you" and "your" will refer to that organization, company or other legal entity.

By using and accessing the Site and the Services you recognize and acknowledges that there are benefits of having access to and exchanging property and other information on a platform such as for use in marketing, networking, sharing, communicating and other purposes; as well as certain potential risks both economic or otherwise that may be caused by participating in such a property database and marketplace, including releasing or otherwise publishing such data, whether by your actions or inactions, or the actions or inactions of others participating on the platform, including the actions, inactions or negligence of BL, you fully accept and assume all such risks and responsibility for losses, costs and damages that occur as a result of your using and accessing the Site or Services, including without limitation any such losses, costs and damages arising from or in connection with the publication of information about your property on the Site or Services, and including without limitation any claims of defamation, libel, or slander and any incidental, indirect, special, consequential or exemplary damages.

In consideration of the benefits received by having your property included in BL’s property database, the Site, the Services and/or related activities, you hereby consent and grant express authorization to BL to include the property and related information in BL’s real estate marketplace and property workspace and hereby release BL and its successors, assigns, directors, agents, officers, owners or members, volunteers, and employees (any or all, the “Releasees”) from any claims which the you or the property owner may have relating to the inclusion of the property in the database, on the Site or the Services and/or any related activity, including but not limited to hosting, publishing, aggregating, referencing, recombining, sending, receiving, transmitting, printing, reporting, evaluating, reproducing or any similar kind of activity related to data and information you or the property owner upload, populate or share with BL or to the Site, the Services, database or other BL medium, and you shall hold harmless, indemnify and defend BL and all Releasees from and against any third-party claims arising from the property owner’s participation, and further agree that BL and all Releasees are not responsible for, and that you shall hold harmless, indemnify and defend BL and all Releasees from and against any claim or liability arising out of or in connection with any information you or the property owner uploads, distributes, publishes or otherwise communicates through the Site or the Services or communicates to third parties or third party platforms, including any claim or liability arising out of BL’s use or reliance on such data whether for services performed, syndication or redistribution.

Information you or the property owner provide regarding a property shall be deemed and considered User Content, as that term is defined in the Terms of Use. By uploading any User Content to the Services, you expressly grant, and you represent and warrant that you have a right to grant, to BL a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services or other services of BL or affiliated companies or partners.

If any part of this Listing Agreement is held invalid or unenforceable, that portion of the Listing Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of BL to enforce any provision of this Listing Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Listing Agreement will survive any termination of this Listing Agreement.