Terms of Service

Welcome to miniListings. These Terms of Service (“TOS”) set forth an agreement between you and Aumnia, Inc. (“us”, “we”, “our” or “Aumnia”) governing your use of miniListings.

1. Acceptance of Terms
By accepting the miniListings TOS as part of the ordering process, electronically or in writing, and/or using miniListings, you agree to be bound by these TOS. You may only use miniListings and/or open an account if you are of legal age and if your acceptance of these TOS is not prohibited by applicable law. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these TOS, in which case the terms “you” and “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these TOS, you may not use miniListings.

2. Limited License
By subscribing to miniListings, Aumnia grants you a limited, non-transferable, non-exclusive license to access and use miniListings for your personal (or your company’s) use, subject to all the terms and conditions of these TOS.

3. Description of Services
miniListings provides you with a service to create, manage, and deploy a personalized web application that can be accessed via web-enabled mobile devices..Depending on the product tier you choose, you will

  1. have the option to configure the content of your miniListings web application with personal information that includes, but is not limited to, your contact details and your photo;
  2. have the option to configure the aesthetics of your miniListings web application, including, but not limited to, the ability to select a template and choose color schemes.

Configuration options for each product tier are described during the ordering process.

Subject to availability in your area, miniListings allows access to real estate listings provided by your local MLS. You may provide access to your local MLS’s real estate listings provided you meet and agree to the following criteria:

  1. You are in good standing with the MLS,
  2. You must comply with local MLS, State and Federal regulations governing real estate,
  3. You agree not to copy, redistribute or retransmit any of the MLS data provided, and
  4. You agree not to modify, alter or create derivative works from MLS content.

miniListings ability to display real estate listings will be governed by your local MLS’s rules for IDX solutions. It is your responsibility to know, and monitor changes to, your local MLS’s rules for IDX solutions and notify us if you believe there is a violation in the display or use of the data. While we make every effort to comply with each MLS’s rules for IDX solutions, we can not be held liable if your miniListings web application is not compliant. You are completely responsible for all penalties and fees assessed by your association or MLS in the event of non-compliance.

miniListings uses Aumnia’s automated mobile internet platform to optimize your web application for viewing on mobile devices. However, due to numerous phone models available and the introduction of new models with different features, we make no warranty that your miniListings web application will be optimized for ALL mobile devices. Please see http://www.minilistings.com/device-support/ to see the list of supported mobile devices.

We reserve the right to add, change, modify, suspend or discontinue all or any features and will make the appropriate notice in the website. Unless expressly stated otherwise, the use of any new features shall be subject to these TOS. If you do not agree to modifications to the features, you have a right to terminate your account. Termination of your account, however, shall not entitle you to a refund of the sums already paid for services rendered.

4. Your Responsibilities
By signing up for miniListings, you agree:

  1. that all information you provide to us during the registration process (“Registration Information”) will be true, accurate, current and complete;
  2. that you will promptly update your Registration Information to keep it true, current and complete; and
  3. that your failure to provide and promptly update Registration Information shall constitute a breach of these TOS and may result in the immediate termination of your account.

During the registration process, you will be asked to create a name for your miniListings web application and, to access certain features, you may be asked to create an account and a password to access your account. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You shall not:

  1. select or use the name of another person or entity with the intent to impersonate that person or entity;
  2. use a name subject to the rights, or that are copyrights, of any other person, business, organization, or government institution without their express written permission;
  3. use a name that is profane, offensive, or otherwise inappropriate.

You agree to immediately notify us of any unauthorized use of your password or account and any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage to you or to third parties arising out of the unauthorized use of your password.

5. Fees and Payments
As a condition for signing up for miniListings, you must provide us, or our designated agent, with a valid credit card that we will bill for all charges incurred. You agree to maintain valid credit card information with us for the purpose of charging your account on dates due at stated intervals. Refusal or rejection of the credit card charge for any reason shall be grounds for service suspension or termination.

We charge and collect in advance for the use of miniListings. You shall pay the fees and other charges for miniListings as stated on your order form. Fees will be charged monthly unless otherwise agreed upon.

We reserve the right to modify, change, increase, or decrease the fees we charge you. Prior to any fee changes, we will provide you at least 30 days prior written notice of a fee change, which shall be effective at the next billing cycle and thereafter. If you do not agree with the change in fees, you may terminate your account.

We reserve the right to provide promotional offers to new customers from time to time. Such promotional offers may or may not be more favorable than the terms under which you entered into these TOS. We are under no obligation to give the same promotional offers to you or any of our existing clients.

Unless we in our discretion determine otherwise, you shall make all payments in U.S. currency.

All payment obligations are non-cancelable and all amounts paid are nonrefundable.

6. Term and Termination
This agreement shall become effective upon your acceptance of these TOS and shall continue for a period as indicated on your order form (“Initial Term”). Upon expiration of the Initial Term, these TOS will renew monthly and can be canceled at any time, effective upon the expiration of the then current license term.

You agree that we, in our sole discretion and without notice or liability to you, may terminate your use of, or access to, your account and miniListings at any time if we believe in good faith that you have violated or acted inconsistently with these TOS, or any applicable law, rule or regulation, or that you have engaged in conduct that we determine to be inappropriate or unacceptable. We shall have no obligation to refund any of your fees paid due to our early termination of these TOS.

7. Privacy and Security
Our privacy and security policies may be viewed at http://www.minilistings.com/privacy-policy/. We reserve the right to modify our privacy and security policies in our reasonable discretion from time to time. You are responsible for regularly reviewing the privacy and security policies. Continued use of miniListings after any such changes shall constitute your consent to the changes. The privacy and security policies shall be dated to indicate when the last changes were made.

8. Acceptable Use Policy
You shall comply with all applicable laws, statutes, ordinances and regulations in your use of miniListings. We may immediately terminate your account, or suspend access to your account, in our sole discretion and without notice, for conduct that we believe is:

  1. illegal, fraudulent, harassing or abusive;
  2. a violation of these TOS or any other policies or guidelines posted on the miniListings website; or
  3. harmful to other users, third parties, or our business.

You agree not to use miniListings to:

  1. upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fudiciary relationships (such as information, proprietary and confidential information learned or disclosed as part of employment relationships or nondisclosure agreements);
  4. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. upload, post, email transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware of telecommunications equipment;
  6. interfere with or disrupt miniListings or servers or networks connected to miniListings, or disobey any requirements, procedures, policies or regulations of networks connected to miniListings;
  7. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

You acknowledge that we may or may not pre-screen content, and that we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is available via miniListings. Without limiting the foregoing, we and our designees shall have the right to remove any content that violates these TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge, consent and agree that we may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  1. comply with legal processes;
  2. enforce these TOS;
  3. respond to claims that any content violates the rights of third parties;
  4. respond to your requests for customer service; or
  5. protect the rights, property or personal safety of Aumnia, its employees, partners, and agents or members of the public.

By displaying or transmitting content through miniListings, you grant us a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, distribute, transmit, display and publicly perform such content in connection with our operation of miniListings.

You understand that miniListings and software embodied within miniListings may include security components that permit digital materials to be protected, and use of these materials is subject to rules set by us and/or content providers who provide content to miniListings. You may not attempt to override or circumvent any of the usage rules embedded into miniListings.

You understand that the technical processing and transmission of miniListings, including your content, may involve:

  1. transmissions over various networks; and
  2. changes to conform and adapt to technical requirements of connecting networks or devices.

Your use of miniListings is subject to the miniListings Terms of Use policy posted at http://www.minilistings.com/terms-of-use/

9. Proprietary Rights

You acknowledge and agree that miniListings and any necessary software used in connection with miniListings contain proprietary and confidential information that is protected by applicable intellectual property and other laws. These TOS do not grant you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary rights of Aumnia or any other party. Except as previously authorized by Aumnia, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on miniListings, in part or in whole.

Unless expressly disallowed by you by fax, email, or letter, Aumnia is hereby given permission to publicly identify your miniListings web application as being powered by Aumnia and given a limited, non-exclusive, royalty-free, worldwide license to feature your miniListings web application in websites under Aumnia’s ownership and control.

10. Indemnity
You agree to indemnify and hold harmless Aumnia and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through miniListings or the miniListings website, your use of miniListings, your connection to miniListings, your violation of these TOS including any other applicable policies, or your violation of any rights of another.

11. Warranty Disclaimers
You expressly understand and agree that:

  1. MINILISTINGS AND YOUR MINILISTINGS WEB APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. AUMNIA SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES SHALL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.
  2. Aumnia makes no representation or warranty that (i) miniListings and your miniListings web application will meet your expectations or requirements; (ii) miniListings and miniListings web application will be available, uninterrupted, timely, secure, complete or error-free; (iii) any results or information that may be obtained from miniListings and your miniListings web application will be accurate, timely, complete or reliable; or (iv) any errors or defects in miniListings and your miniListings web application will be corrected.
  3. Operation of miniListings and your miniListings web application may be interfered with by numerous factors outside of Aumnia’s control including but not limited to, telecommunications network disruptions. Aumnia is not responsible and will have no liability for any failure of the Internet or any data or telecommunication equipment, system or network used in connection with miniListings.
  4. Processing and transmission of communications relating to the use of miniListings may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Aumnia will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that you provide for display on your miniListings web application.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH MINILISTINGS, YOUR MINILISTINGS WEB APPLICATION OR THE MINILISTINGS WEBSITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE YOUR USE OF MINILISTINGS, YOUR MINILISTINGS WEB APPLICATION AND THE MINILISTINGS WEBSITE.

12. Limitation of Liability
IN NO EVENT SHALL AUMNIA OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE LOSSES (EVEN IF AUMNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE MINILISTINGS OR YOUR MINILISTINGS WEB APPLICATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM MINILISTINGS OR YOUR MINILISTINGS WEB APPLICATION; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MINILISTINGS OR YOUR MINILISTINGS WEB APPLICATION; OR (v) ANY OTHER MATTER RELATING TO MINILISTINGS OR YOUR MINILISTINGS WEB APPLICATION.

13. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.

14. Modifications
We may modify or revise the TOS at our discretion at any time, effective upon posting of an updated version of the TOS at http://www.minilistings.com/terms-of-service/. You are responsible for regularly reviewing the TOS. Your continued use of miniListings or your miniListings web application after any such changes shall constitute your consent to such changes.

15. Notice
We may provide you with notices, including those regarding changes to these TOS, by email, regular mail, or postings on the miniListings website.

16. Assignment; Change in Control
These TOS may not be assigned by you without our prior written approval but may be assigned without your consent by us to

  1. a parent or subsidiary;
  2. an acquirer of assets; or
  3. a successor by merger.

Any purported assignment in violation of this section shall be null or void.

17. General
These TOS constitute the entire agreement between you and Aumnia with respect to your access and use of miniListings and supersedes all prior and contemporaneous agreements between you and Aumnia. If any of the provisions of these TOS is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Aumnia’s failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.

The laws applicable to the interpretation of these TOS shall be the laws of the State of California, and applicable federal law, without regard to any conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County. You also agree that, in the event any dispute or claim arises out of or relating to your use of miniListings, that you and Aumnia will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

If you have any questions about these TOS or your rights or Aumnia’s obligations relating to miniListings, please e-mail us at customer.service@aumnia.com or you mail contact us by mail at:

Aumnia, Inc.
180 Newport Center Drive, Suite 163
Newport Beach, CA 92660
(949) 242-3646

18. California Residents
If you are unable to resolve a complaint you may have regarding the services provided through miniListings, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California, 95834, or by telephone at (800) 952-5210.