Showcase Your Listing
Include your luxury listings on the Forbes Global Properties website for 180 days
AGREEMENT TO ADDITIONAL TERMS AND CONDITIONS
These additional terms and conditions (the “Additional Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and FGP, LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the http://www.forbesglobalproperties.com website as well as any other network, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). YOU AGREE THAT BY CLICKING “I AGREE” AT THE END OF THESE ADDITIONAL TERMS OR USING THE SERVICES WE PROVIDE TO YOU ON THE SITE (COLLECTIVELY, THE “SERVICES”), YOU HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO BE LEGALLY BOUND BY ALL OF THESE ADDITIONAL TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE ADDITIONAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.
The terms and conditions available at https://www.forbesglobalproperties.com/terms-conditions/ and any supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference (collectively, the “Terms and Conditions”), and your compliance with each of the obligations set forth in the Terms and Conditions is an express condition required for any use of the Services by you. We reserve the right, in our sole discretion, to make changes or modifications to these Additional Terms at any time and for any reason. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Additional Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Additional Terms by your continued use of the Site after the date such revised Additional Terms are posted.
THE COMPANY’S ROLE
We may, directly or through the Services, assist you in performing the various tasks in a real estate transaction. However, unless explicitly specified by these Additional Terms for a particular Service (each, a “Product’s Terms”), the Site is not intended to provide you with any financial, real estate, or related advice of any kind. You understand and agree that the Site may include advertisements (including on web pages containing real estate listings provided by you), and we may serve advertisements based on the information we collect through the Services in order to help make the advertisements relevant and useful for our users. We assume no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services.
Subject to (a) your compliance with these Additional Terms and the Terms and Conditions and (b) your provision of an advertising fee of $1,000 per Property (as defined below) to the Company (the “Advertising Fee”), we hereby grant to you a non-exclusive, revocable, personal, non-transferable, non-sublicensable license to use the Services, and to download and use any software application provided to you by the Company on your mobile device in object code, for the purpose of listing, advertising and selling real estate properties you have a right to list, advertise and sell on the Site that satisfies the listing criteria established below (each such property, a “Property”) for a period of up to six months, beginning on the date you click “Add to Cart” on these Additional Terms and pay the Advertising Fee (the “Term”). You represent and warrant that you own or have the right to list, advertise and sell any Property you list on the Site. You may also receive and hereby consent to the receipt of, contacts from potential buyers regarding each Property, which will be directed to the listing agent who listed such Property on the Site, and have the right to exchange a Property you have listed on the Site for an unlisted Property at your discretion at no additional cost up to four times during the Term, including after a listed Property is sold.
Subject to the foregoing compliance requirements and the provision of the Advertising Fee, if you are a real estate or mortgage professional acting in your professional capacity, you may also use the Services to provide information, to the extent permitted by applicable law, to your clients and take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Additional Terms do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise. The Services may include software for use in connection with the Services.
You covenant and agree that each Property you list on the Site:
- shall be a single-family residential property priced and valued above USD $3 million;
- shall be intended for sale (and listed and advertised for sale) as opposed to for rent or timeshare arrangement;
- shall include in such listing a minimum of five high-resolution photos or renderings of such Property and a polished and accurate description of the Property in English (provided that such listing may include a description in a second language, as long as the first language is English) that is between 200 and 600 words in length; and
- shall include, if a photo of the listing agent is included in such listing, a 300 x 300 pixel passport-style “headshot” photograph of such listing agent, along with the agent’s name, telephone number, license number (if applicable) and email address.
All fees described herein are in U.S. dollars and are non-refundable. If we change the fees described herein for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Additional Terms for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate the subscription. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your Product’s Terms, you may cancel a Subscription Service through your account on the Site; or by contacting us.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
- Make any unauthorized use of the Site or the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the Site or the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the Services.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Site or the Services in order to harass, abuse, or harm another person.
- Attempt to bypass any measures of the Site or the Services designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or the Services to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site or the Services.
- Form any group, the purpose of which is to engage in hate speech.
- Reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services.
- Provide, post or authorize a link to the Site or any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution.
- Use any of the Company’s trademarks as part of your screen name or email address on the Services.
- Reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Site or the Services, except as explicitly permitted by us for a particular portion of the Site or the Services;
- Use the Site or the Services in a manner inconsistent with any applicable laws or regulations, or which harms the Company, its service providers, suppliers, affiliates or any other users.
- Access or use the Site or any of the Services to develop competitive products or service.
- Attempt to, or permit or encourage any third party to, do any of the above.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Additional Terms or the Terms and Conditions; (4) any breach of your representations and warranties set forth in these Additional Terms or the Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing, where and as permitted by applicable law. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Additional Terms, the Terms and Conditions, and any other policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us with respect to your use of the Site. Our failure to exercise or enforce any right or provision of these Additional Terms shall not operate as a waiver of such right or provision. These Additional Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Additional Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Additional Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Additional Terms or use of the Site. You agree that these Additional Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Additional Terms and the lack of signing by the parties hereto to execute these Additional Terms.
In order to resolve a complaint regarding the Services or these Additional Terms or to receive further information regarding use of the Services, please contact us at:
- Monique Sofo
- Chief Marketing Officer
- THE ABOVE TERMS SHOULD BE CAREFULLY READ, UNDERSTOOD AND ACCEPTED BY YOU BEFORE YOU SIGN THESE ADDITIONAL TERMS.
- ADD ITEM TO CART TO SIGN THESE ADDITIONAL TERMS AND THEREBY LEGALLY BIND YOURSELF TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
- ADDING TO CART IS THE EQUIVALENT OF YOU MANUALLY SIGNING THESE ADDITIONAL TERMS.