Terms and Conditions of Use

Revised June 27, 2023

Important: Please read these Terms of Use carefully before accessing this website.

These Terms of Use create a legal agreement between you or the legal entity, as applicable, identified as the user when you registered on this website ("You" or "Your"), and in such case You register as a WebListers member according to these Terms of Use ("Member"), and WebListers, Inc. ("WebListers") that governs: (1) the information made available through the website WebListers.com ("Information"); (2) the nature of the relationship between You, Members, and WebListers; (3) WebListers' use of Your information gathered through this website; and (4) Your use of this website, related websites, related advertising services, related analytics data, and the Information (collectively, the "WebListers Site").

For purposes of our Agreement, the term "website" may, at our option, include any current or future web apps, web plug-ins, co-branded websites, and/or affiliated websites in which WebListers currently participates or may participate in the future. By accessing any portion of the WebListers Site or by becoming a registered Member, You are indicating that You have read and understand, and that You assent to be bound by, these Terms of Use, which may be amended from time to time by WebListers pursuant to the terms herein. You represent that You have the authority to enter into these Terms of Use personally or on behalf of the company You have named as the user, and to bind that company to the Terms of Use. If You do not agree to any part of these Terms of Use, You are not permitted to access or use the WebListers Site or become a WebListers Member.

THESE TERMS OF USE REQUIRE YOU TO GRANT WEBLISTERS CERTAIN RIGHTS AND LICENSES, PROVIDE WEBLISTERS CERTAIN INDEMNITIES, WAIVE CERTAIN RIGHTS AND REMEDIES, AND LIMIT WEBLISTERS LIABILITY AND OBLIGATIONS TO YOU.

YOU AGREE THAT THESE TERMS OF USE ARE SUPPORTED BY GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE OF THE WEBLISTERS SITE AND THE INFORMATION AVAILABLE ON THE WEBLISTERS SITE.

LeaseHub Membership

By registering a User ID and Password and initiating service with WebListers by completing the registration form and agreeing to pay the monthly fee and a one-time account setup fee. Our current fee schedule is set forth here: https://www.weblisters.com/account/fee-schedule/leasehub.cfm (the Member must be logged in to access the fee schedule). You become a LeaseHub Member, are authorized to utilize the WebListers Site, and are granted the limited license described below. WebListers agrees to give Members a thirty (30) day notice if a price change occurs.

Data Processing and Privacy

LeaseGenius processes data in accordance with:

  • GDPR requirements
  • CCPA compliance standards
  • AI transparency guidelines
  • Industry best practices for data protection

AI Communication Guidelines

Our AI leasing assistant:

  • Clearly identifies itself as an AI system
  • Maintains transparent communication practices
  • Follows fair housing regulations
  • Protects user privacy and data security

Intellectual Property

All rights to:

  • AI algorithms and models
  • Software and interfaces
  • Generated content and responses
  • Analytics and insights

are owned by LeaseGenius and protected by international copyright laws.

Limitation of Liability

LeaseGenius is not liable for:

  • AI system interpretation errors
  • Communication delays or failures
  • Third-party integration issues
  • Data transmission problems

Fair Housing Compliance

Users must comply with the Fair Housing Act. Our AI is programmed to avoid discriminatory practices based on:

  • Race, color, religion, sex
  • Handicap, familial status
  • National origin
  • Any other protected characteristics

Resolution of Disputes

If a dispute arises between You or Members and WebListers, our goal is to provide You or Members with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You, Members and WebListers agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as WebListers and You or Members otherwise agree in writing. Before resorting to these alternatives, we strongly encourage You and Members to first contact us directly to seek a resolution by contacting us at info@weblisters.com or call us at 800-784-2155. WebListers will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes

This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. You and Members agree that any Claim or dispute You or Members may have against WebListers must be resolved by a court located in San Diego, California, except as otherwise selected by WebListers as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Diego, California, for the purpose of litigating all such Claims or disputes.

Arbitration Option

For any Claim (excluding Claims for injunctive or other equitable relief), WebListers may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event WebListers elects arbitration, WebListers shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Notices

Except as explicitly stated otherwise, notices should be sent to:

WebListers, Inc.
3245 University Ave, Suite 1625
San Diego, CA 92104

Notices to Members will be sent to the email address You provide to WebListers during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.

General

By using the WebListers Site and agreeing to the Terms of Use, You are also agreeing to abide by our Privacy Policy, and all other agreements and policies posted on the WebListers Site. WebListers reserves the right to refuse service to anyone and to terminate a Membership at any time. In its sole discretion, WebListers may assign the Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. WebListers may rely on Your electronic signature to create a binding valid agreement and/or Membership. From time to time WebListers may send emails regarding its products and services, or may call customers regarding WebListers' products and services, and You and Members hereby expressly consent to receiving such emails and telephone calls. See Privacy Policy for more information. The following Sections survive any termination of the Agreement: Release, Limitation on Liability, Indemnity, Resolution of Disputes, Default and Remedies, and Notices and General.

LeaseHub Pro

As part of your LeaseHub Pro Membership, you are provided with access to a desktop application (the "Application"). The Application is offered to you free of charge, and is provided on an "as-is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The Application is only compatible with active LeaseHub Pro memberships. The Application has certain minimum system requirements, which you are responsible for meeting at your own expense. These requirements may change from time to time at our sole discretion and without prior notice. A failure to meet these system requirements may result in suboptimal or failed operation of the Application. By downloading, installing, and/or using the Application, you expressly agree to, and consent to be bound by, the terms and conditions outlined in this Terms of Use Agreement, as it may be updated or modified from time to time. If you do not agree to these Terms of Use, you are not authorized to download, install, access, or use the Application, and you must uninstall and refrain from using the Application immediately.

Desktop Application

LeaseHub Lite memberships include limited features and benefits in comparison of those offered to LeaseHub members. The fees for LeaseHub Lite memberships shall be paid annually. In order to qualify for the LeaseHub Lite membership, the total number of apartment units must be 49 or less. If there are 50 or more units, You do not qualify for a LeaseHub Lite membership and must sign up for a full LeaseHub or LeaseHub Pro membership. LeaseHub Lite memberships do not include unit specific ads, custom designed ads, video ads, custom theme ads, custom theme call-to-action photos, printable postcards, featured flyers or auto-posting to thierd-party sites. The future release of new features may or may not be included for LeaseHub Lite memberships.

Payments

Members can cancel membership at any time by providing thirty (30) days' notice emailed to accounting@weblisters.com or may send a written request to 3245 University Ave #1625, San Diego, CA 92104. Members agree to pay for any and all purchases and services made through the WebListers Site, and to pay for any and all late fees, bank fees associated with bad checks, collections and/or attorney's fees resulting from any non-payment. WebListers will begin to bill Members for service no later than two (2) weeks following registration, or after Members have completed training, whichever comes first. Invoices are sent to Members via email and on some occasions by fax. If the Member chooses to use a thirt-party vendor for payment processing, WebListers will not be responsible for any additional fees. Optional mailing through the USPS is available for an additional charge per each mailed invoice. Our current fee schedule is set forth here: https://www.weblisters.com/account/fee-schedule/leasehub.cfm (the Member must be logged in to access the fee schedule). Any past due mailed invoices will also be charged per mailed invoice.

If a Member's account becomes sixty (60) days past due or more, account access will be suspended. If an account is suspended due to a past due balance, the Member will not be able to access the WebListers Site until their account is no longer past due. Suspended accounts will continue to accrue charges and may be terminated at any time. If an account has 6 months of invoices with no payments the account will automatically be cancelled while we proceed to collect on the open invoices. These invoices are still subject to late fees.

Billing for product upgrades or downgrades will be reflected on the 1st of the following month and will not be prorated.

Telephone, SMS and Email Services

LeaseHub Pro includes optional services to utilize telephone and SMS capabilities. These services utilize Generated Telephone Numbers for the use of call and SMS tracking services among others such as call recording. You agree to use these services in compliance with the Telephone Consumer Protection Act and all applicable state and federal laws. Telephone, SMS and email services are provided to facilitate direct communication with Your prospective clients and are not provided as a means of unsolicited marketing campaigns.

Generated Telephone Numbers

You understand and agree that You will have use of the Generated Telephone Number(s) that are provided under the WebListers services only until the end of the Term. You understand and agree that WebListers is the customer of record for all telephone number(s) provided as part of the services and, therefore, WebListers has certain rights with respect to porting of the number(s) ("Porting" is causing or attempting to cause number(s) to be transferred, switched, or otherwise moved to any other service provider, telephone carrier, or any other person or entity). As the customer of record for the telephone number(s), WebListers owns the telephone number(s) leased to You. WebListers reserves the right to refuse to port any telephone number(s) in its sole discretion.

If You "ported in" any telephone number(s) in connection with Your use of services, WebListers assigned You one or more toll free telephone numbers, You are entitled to "port out" a telephone number under non-U.S. law, or WebListers has agreed to port out any telephone number(s), You may "port out" such number(s) only if You satisfy the following requirements: (1) You provide written notice to WebListers of Your intent to "port out" such number(s) no later than thirty (30) days after providing WebListers notice of Your intent to terminate these Terms of Use (the "Porting Notice Period"); (2) Your new telephone carrier provides WebListers' telephone carrier a duly executed porting request prior to the expiration of the Porting Notice Period; (3) You have paid WebListers for all services provided to You prior to the date You provide WebListers notice of Your intent to terminate these Terms of Use; and (4) You have paid WebListers any administrative fees associated with processing the port. You hereby authorize WebListers to charge Your account in the applicable amount for the administrative fees or to otherwise arrange to make this payment to WebListers within the Porting Notice Period. Regardless of when the port out is complete, You will continue to be responsible to pay all applicable account fees with respect to the telephone numbers until You formally terminate these Terms of Use. If You fail to satisfy any of the foregoing requirements, WebListers remains the customer of record over the number(s) and You are expressly prohibited from causing or attempting to cause such number(s) to be transferred to any other service provider, telephone carrier or any other person or entity. WebListers also retains the right to reclaim the number(s) from You after the number(s) are ported out in contravention with these requirements and authorize WebListers to charge Your account or take any other measures to collect the costs associated with causing the number(s) to be returned to WebListers. You understand and agree that even if You satisfy the requirements set forth in this section, technical or procedural difficulties or interruptions may occur when attempting to port out these numbers and such difficulties or interruptions may prevent Your new carrier from porting the numbers. WebListers is not responsible for such technical or procedural difficulties or interruptions.

You understand and agree that following the termination of these Terms of Use for any reason, Your number(s) may be re-assigned to another customer. You agree that WebListers will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and You hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if WebListers has been advised of the possibility of damages.

You understand and agree that WebListers may need to change the telephone number(s) assigned to You. You agree that WebListers will not be liable for damages (including consequential or special damages) arising out of any such change in the telephone number(s) assigned to You and You hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if WebListers has been advised of the possibility of damages.

Recorded Call Terms and Conditions

Call recording, transcribing, monitoring, analyzing, and archiving under the services is part of an optional, add-on product feature made available by WebListers, which may include, without limitation, the reporting and archiving of analytics, personal, and non-personal data related to such Calls (collectively, the "Recorded Call Services"). WebListers Telephone provides an optional feature that allows You to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state. You are responsible for applying the local laws in the relevant jurisdiction when using this feature, and hereby agree to be bound by the Recorded Call Terms and Conditions set forth below.

User ID and Passwords

If You register a User ID and Password using the WebListers Site, become a Member, or provide certain information via the WebListers Site, You agree to complete the registration, or other process provided by the WebListers Site, by providing current, complete, and accurate information as requested by all forms generated by the WebListers Site. You may not provide any false or fraudulent information to WebListers to gain access to the WebListers Site, register a User ID or Password, or to become a Member.

Intellectual Property and License

All right, title, and interest in and to all advertisements, templates, analytics data, logic, design, and software (including object and source code), content, text, images, and other materials on the WebListers Site are either owned or licensed by us, and are protected by International copyright, trademark, and other laws and treaties. ALL RIGHTS ARE RESERVED.

Other Language Advertisements

WebListers provides an optional Other Language advertisement feature that Members may activate at any time. By using this feature, Member's current advertisement will require translation. WebListers may translate the advertisement for a fee, or You may have the advertisement may be translated prior to submitting to the WebListers Site. If Member chooses to have its advertisement translated by WebListers, a one-time fee for full translation and setup will apply.

Analytics

WebListers obtains and generates web site usage analytics related to the advertisements WebListers provides Members. Analytics are organized into a report that can be viewed in real time through the WebListers Site, and in weekly or monthly emailed reports.

No Unlawful or Prohibited Use

As a condition of Your use of the WebListers Site, or becoming a registered Member, You warrant that You will comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the WebListers Site and any related activities. Specifically, it is Member's responsibility to abide by the Fair Housing Act. The Federal Fair Housing Act makes it is illegal to advertise "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." You hereby grant WebListers the right and license to access, use, distribute, reproduce Your advertisements (including advertisement You post on third party sites) for purposes of compiling these analytics.

Links and Posting to Third-Party Websites

The WebListers Site may contain links to websites operated by parties other than WebListers. Such links are provided for reference only. WebListers does not control such websites and is not responsible for their content. WebListers' inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. If You decide to access any of the third party sites linked to the WebListers Site, You do so entirely at Your own risk.

General Disclaimer

You and Members acknowledge that scheduled maintenance and errors within third party systems may impact the availability and accuracy of Information provided by the WebListers Site. You and Members agree that WebListers shall not be responsible or liable for the availability or accuracy of Information provided by the WebListers Site. You and Members also agree that WebListers is not liable for services affected by third party websites, services, or resources and is under no obligation to provide proration of fees based on such maintenance, errors, or affected third party sites.

Limitation on Liability

Neither WebListers, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the WebListers Site, or damages from the use of or reliance on the information present on the WebListers Site, even if WebListers has been advised of the possibility of such damages.