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PropertiesNotListed.com Terms and Conditions

User Terms and Conditions Agreement:

The overview below summarizes the User Terms and Conditions Agreement, herein referred to as “The Agreement”,  that governs the use of Properties Not Listed.com and related sites (collectively, the "Underground Properties, Inc. sites”).   Please read this entire Agreement for full explanation of these Terms and Conditions.  By Registering to this website, you agree and accept all of the Terms and Conditions as stated below:

OVERVIEW:

• Underground Properties, Inc. is not a party involved in any transaction of any property that is displayed on our website(s). We provide a website that is intended only for the purpose of having individual parties advertise/market their real estate for sale.
• Although the information about properties advertised on our site is from sources believed to be reliable, Underground Properties, Inc. does not verify the information that makes up a property listing to determine the accuracy of the information. It is solely your responsibility to verify all property information.
• Each User of our website is responsible for doing their own research, due diligence and inspections of any property to ensure they understand and have the true and current facts about any property herein contained on our website(s)
• Underground Properties, Inc. tries to ensure that properties advertised on our website(s) are not listed on any multiple listing service, at the time in which they are posted on our website. However, sometimes these properties are currently listed or listed at a future date without our knowledge. If you have found this property to be listed with a broker on a Multiple Listing Service you may click the link “Report this Property” and upon confirmation, our customer service will remove this property from our site. Your help in this manner is greatly appreciated to try and ensure that all of our properties are officially “unlisted.”
• Anybody advertising a property on our website must either own the property or have written or express authorization to represent the Owner(s) in the sale of the advertised property and also have the express or implied authorization to advertise said property on our site.
• Brokers, agents and or owners / principals agree that by submitting a property using the "Property Submission Form" within the site, you authorize us to add your property to our website and any future changes that wish to make regarding a property must be submitted to the site administrator via email. Further, you authorize us to contact you directly via the information you provide if we have any questions.
• Underground Properties is not a real estate broker and therefore does not guarantee any commissions to other brokers/agents. If you are a licensed agent and wish to receive a commission on a property that you advertise on our site or that you are considered "selling agent" for, you must have a separate commission agreement signed, as this site offers no compensations whatsoever.
• All users of site understand that another licensed agent may receive a lead through the PNL website and may contact ONLY the "Advertising agent" to try and consummate a deal for commission. The agent who receives the lead shall be referred to as the "Selling agent"
• Any information that you provide to Underground Properties, Inc. must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation
• You are responsible for maintaining the confidentiality of your password, and you will be responsible for all uses of your password, whether or not authorized by you. If you think that the Account has been compromised, please contact us immediately at info@propertiesnotlisted.com
• Registered Accounts may not be assigned or transferred to any other person or entity. Nor may you provide any other person or entity access to your account, either directly or indirectly.
• Underground Properties, Inc. shall not be held liable for any rules that brokers/agents may violate in conjunction with license laws or with any of their affiliated associations and/or multiple listing services.
• As a User, you agree not to contact or refer any other person to contact any Owner(s)/Principals directly about properties found on our website(s) other than by using the contact information provided on the property itself or contacting an agent through website to help you. I.e. You May Not directly contact any Owner(s)/Principals of any properties advertised on our website, whereas our website was your initial point of contact for said properties, unless the owner's information is provided on the website. If this contact occurs, this will be considered a breach of this Agreement. If User purchases, refers another person who purchases or initiates in any way a sale in this manner and did not go through the broker or owner contact information provided on site or contacting an agent from site itself, this will be considered a breach of this Agreement. In this case, User may subject to Underground Properties, Inc. and/or the brokers they deal with. You may be subject to a standard broker's commission as liquidated damages, not as a penalty. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breaches of any other terms, conditions, promises and warranties set forth in this Agreement.
• Indemnification – Please read paragraph

Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Underground Properties, Inc. is not a party to any transaction of any property that is displayed on our website(s). This site solely acts as a means to advertise real estate. All transactions will take place outside the scope of this site and between independent parties, such as Brokers, Purchasers and Sellers. Our site acts as a means of advertising for Agents, Brokers and Principals who own or represent real estate for sale. There is no agency relationship of any kind between the site users (you) and Underground Properties, Inc. Site users are acting as independent contractors or principals and no agency relationship is created by this Agreement, or by using our website or by registering on our Website.

Your use of and reliance upon any and all information, including but not limited to Underground Properties, Inc.'s content and public content, provided by Underground Properties, Inc. through the Underground Properties, Inc. web sites is at your sole risk. Such information is provided on an “as is” and “as available” basis. The information about properties that we advertise on our website is obtained from sources believed reliable. Underground Properties, Inc. makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of such information. Each User of our website is responsible for doing their own research, due diligence and inspections of any property to ensure they understand and have the true and current facts about any property herein contained on our website(s)

Underground Properties, Inc. expressly disclaims all warranties of any kind, whether express or implied. Underground Properties, Inc. shall have no liability to you or any other User of such information or to any third party for any loss, expense, or damage, including consequential, incidental, special or punitive damages and including lost profits or lost revenue, caused directly or indirectly by the use or reliance upon such information. Any material downloaded or otherwise obtained through the use of any Underground Properties, Inc. website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that may result from download of any such material.

Underground Properties, Inc. strives to ensure that properties on our website are not listed on the MLS, Costar, LoopNet, or any similar listing service at the time in which they are posted on our website. However, Agents, Brokers or Principals who own or represent these properties may list these properties with a Brokerage and/or listing service at any future date without our knowledge. If property is listed with any of the above brokerage and /or listing services at a future date, it is the Agent's, Broker's and/or Principal's responsibility to contact us to remove the advertised property from our site. Therefore, we cannot guarantee that properties advertised on our site have not been, are currently not, or will not be listed or advertised elsewhere.

Underground Properties is not a real estate broker and therefore does not guarantee any commissions to other brokers/agents. If you are a licensed agent and wish to receive a commission on a property that you advertise on our site or that you are considered "selling agent" for, you must have a separate commission agreement signed, as this site offers no compensations whatsoever.

All users of site understand that another licensed agent may receive a lead through the PNL website and may contact ONLY the "Advertising agent" to try and consummate a deal for commission. The agent who receives the lead shall be referred to as the "Selling agent"

 Advertising Properties on our Website:
Site Users or any individuals shall not submit information or advertise any property on our website unless (i) they have received all necessary rights and authorization, including, without limitation, permission from the Owner of the property or necessary Agents/Brokers, to represent the advertised property. (ii) The property information, including the photographer and/or copyright owner of any photographs or images, as applicable, to publish and advertise the property and allow the property info page to be accessed, downloaded and copied by users of the site. (iii) Property information you provide to us is accurate and site User agrees to maintain its accuracy at all times. Site User represents, warrants and covenants that the foregoing is correct at the time of submission and will remain correct as long as the property information is advertised on the website. (iv) If this property is Agent/Broker represented, the Representative warrants that the Principal(s) have reviewed and approved property information that will be displayed on this website. (v) Any Principal or Principal's Agent/Representative warrants that the property is not currently listed with a multiple listing service or any similar service. If property is eventually listed with a multiple listing service or any similar service at a future date, it is the Principal or Principal's Agent/Representative's responsibility to contact us and have their property removed from our site.

Brokers, agents and or owners / principals agree that by submitting a property using the "Property Submission Form" within the site, you authorize us to add your property to our website and any future changes that wish to make regarding a property must be submitted to the site administrator via email. Further, you authorize us to contact you directly via the information you provide if we have any questions

False Identity Registration/Information:
Any information that you provide to Underground Properties, Inc. must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through the Underground Properties, Inc.'s Web Sites unless you intend, in good faith, to contract with such third party for the use of such service.

ACCOUNT / PASSWORD SECURITY
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all uses of your password, whether or not authorized by you. If you think that the Account has been compromised, please contact info@propertiesnotlisted.com

Registered Accounts Are Non-Transferable:
Registered accounts may not be assigned or transferred to any other person or entity for use. Nor may you provide any other person or entity access to your Registered Account, either directly or indirectly. This includes, but is not limited to, sending your user name/login and/or password to other parties and making your user name/login and/or password available where others may access them. You must keep your password strictly confidential. Allowing others to gain unauthorized access to this site is a breach of this Agreement and a violation of law and may ultimately result in a User being subject to damages as found in the section “Liability for Breach of this Agreement.”

Liability for Breach of this Agreement
As a User, you agree not to contact or refer any other person to contact any Owner(s)/Principals directly about properties found on our website(s) other than by using the contact information provided on the property itself or contacting an agent through website to help you. I.e. You May Not directly contact any Owner(s)/Principals of any properties advertised on our website, whereas our website was your initial point of contact for said properties, unless the owner's information is provided on the website. If this contact occurs, this will be considered a breach of this Agreement. If User purchases, refers another person who purchases or initiates in any way a sale in this manner and did not go through the broker or owner contact information provided on site or contacting an agent from site itself, this will be considered a breach of this Agreement. In this case, User may subject to Underground Properties, Inc. and/or the brokers they deal with. You may be subject to a standard broker's commission as liquidated damages, not as a penalty. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breaches of any other terms, conditions, promises and warranties set forth in this Agreement

Indemnification
You agree to indemnify and hold Underground Properties, Inc. and its employees harmless from any and all claims and demands, including, but not limited to reasonable attorneys' fees, made by any third party due to or arising out of any information, including, but not limited to Underground Properties, Inc. solicited information and any publicly posted or any information submitted, posted or otherwise provided by you to the Underground Properties, Inc. websites or Underground Properties, Inc.

Underground Properties, Inc. is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Underground Properties, Inc. (and its affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

In the event legal proceedings are instituted by one party against the other, the party in which the court rules in favor of shall be held harmless from any and all claims and demands, including the payment of reasonable attorney's fees, costs, and expenses arising out of those claims and demands. Furthermore, the party that the court rules against, shall be responsible to reimburse the party who obtains judgment for their attorney's fees, court costs, expenses and any additional costs brought about by their suit.

Changes to Our Terms and Conditions
This Agreement became effective on December 1, 2008. We reserve the right to modify or amend this Agreement at any time with or without notice, and for any reason. If we make material changes to our Terms and Conditions, we will immediately post these changes to our Website under Terms and Conditions with an updated effective date, so you will always be aware changes to our term of use of this site. You are responsible for reviewing this Agreement each time you use or access the website. Your continued use of this website is an acknowledgment and consent to any terms contained in this Agreement, as it may be amended from time to time.

General
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The website and services herein are offered by Underground Properties, Inc. doing business as Properties Not Listed.com, located at P.O Box 578216 Chicago, IL. 60657-8216. Telephone 773-556-9100
Email us for more information at:  info@propertiesnotlisted.com