These Website Terms and Conditions of Use (“Terms”) govern your access to and use of ListQik.com (the “Site”), operated in connection with flat-fee home listing services provided through Resolution Realty Group and its affiliated Texas brokerage, Central Metro Realty. By accessing or using the Site, you agree to these Terms and to all applicable federal, state, and local laws and regulations. If you do not agree, do not use the Site.
1. Acceptance of terms
By visiting the Site, creating an account, purchasing a plan, uploading content, or using any dashboard or listing tools, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. These Terms apply to all visitors, sellers, and authorized users of the Site.
Separate agreements may also apply to your transaction, including the ListQik User Agreement, listing setup acknowledgements, Texas brokerage disclosures, and MLS rules. If there is a conflict between these Terms and a signed brokerage or listing agreement, the signed agreement controls for that transaction.
2. Nature of the service
ListQik.com provides marketing, technology, and workflow tools to help Texas home sellers work with a licensed real estate brokerage. ListQik.com is not itself a real estate brokerage. Brokerage services, when provided, are offered by Central Metro Realty and affiliated licensees in accordance with Texas law and applicable MLS rules.
Information on the Site is for general educational and operational purposes. It is not legal, tax, or investment advice. You are responsible for the accuracy of information you submit and for complying with TREC requirements, MLS rules, fair housing laws, and local ordinances.
3. Limited license to use the Site
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business use in connection with a legitimate listing or purchase through our platform. This license does not transfer ownership of any materials on the Site. Under this license, you may not:
- Copy, modify, distribute, or create derivative works from Site content except as expressly permitted;
- Use the Site or its materials for any unlawful purpose or in violation of MLS or brokerage rules;
- Scrape, crawl, or harvest data from the Site by automated means without our written consent;
- Attempt to decompile, reverse engineer, or extract source code from any software on the Site;
- Remove copyright, trademark, or other proprietary notices;
- Transfer access credentials or mirror Site content on another server without authorization.
This license terminates automatically if you violate these restrictions and may be terminated by us at any time. Upon termination, you must cease use of the Site and destroy any materials you downloaded in violation of these Terms.
4. Accounts and security
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at concierge@listqik.com if you suspect unauthorized access. We may suspend or terminate accounts that appear compromised, fraudulent, or in violation of these Terms.
5. User content and photo uploads
You retain ownership of photos, documents, and other content you upload (“User Content”). By uploading User Content, you grant ListQik.com, Resolution Realty Group, and Central Metro Realty a non-exclusive license to host, display, reproduce, and distribute that content as needed to operate your listing, syndicate to permitted platforms, and comply with MLS and brokerage requirements.
You represent and warrant that your User Content:
- Is accurate and you have the right to use and publish it;
- Does not infringe any third-party intellectual property or privacy rights;
- Complies with Texas law, MLS photo rules, and our listing setup requirements (including exterior-first photos, no people/pets in marketing photos where required, and no unauthorized branding);
- Does not contain unlawful, misleading, discriminatory, or offensive material.
We reserve the right to remove, reject, or edit any image or file that is inappropriate, non-compliant with state or MLS requirements, mislabeled, or otherwise necessary to protect users, the brokerage, or the platform. Removal of content does not entitle you to a refund except as required by applicable law or your purchase terms.
6. Payments and third-party services
Plan fees, upgrades, and related charges are processed through third-party payment providers. Your use of those services may be subject to the provider's terms. We do not store full payment card numbers on our servers. Refund and cancellation policies, if any, are described at checkout or in your order confirmation.
7. Disclaimer of warranties
THE SITE AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, LISTQIK.COM, RESOLUTION REALTY GROUP, CENTRAL METRO REALTY, AND THEIR OFFICERS, AGENTS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components, or that listing results, showings, offers, or sale outcomes will meet your expectations. MLS participation, syndication timing, and market conditions are outside our control.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER LISTQIK.COM, RESOLUTION REALTY GROUP, CENTRAL METRO REALTY, NOR THEIR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain warranty disclaimers or liability limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
9. Revisions and errata
Materials on the Site may include technical, typographical, or photographic errors. We may change Site content, features, or pricing at any time without notice. We do not commit to updating all materials on a particular schedule, but we may revise these Terms from time to time by posting an updated version on this page.
10. Links to other sites
The Site may link to third-party websites (including MLS portals, payment processors, and partner tools). We have not reviewed all linked sites and are not responsible for their content or practices. Inclusion of a link does not imply endorsement. Your use of linked sites is at your own risk.
11. Modifications to these Terms
We may revise these Terms at any time by posting the updated version on this page and updating the “Updated” date above. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms.
12. Governing law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. You agree that exclusive venue for disputes arising from these Terms or the Site shall be in state or federal courts located in Texas, and you consent to personal jurisdiction in those courts.
13. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
14. Contact
Questions about these Terms may be directed to concierge@listqik.com.
This document is provided for operational transparency. It is not a substitute for advice from your attorney. Have your counsel review before relying on it for compliance decisions.