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SMS Terms
These SMS Terms ("SMS Terms") govern the text messaging program made available through Listinghost, LLC ("Listinghost," "we," "us," or "our") in connection with listing-specific messaging experiences, QR code flows, hosted listing pages, lead capture tools, and related support and follow-up communications (collectively, the "SMS Program").
By providing your mobile number, scanning a Listinghost QR code and sending a text, initiating a conversation through a Listinghost-powered listing flow, or otherwise affirmatively opting in to receive text messages through the SMS Program, you agree to these SMS Terms.
1. Program Description
The SMS Program enables you to receive text messages related to a specific property, listing inquiry, open house, showing request, scheduling request, support request, or related follow-up. Messages may include property information, availability updates, showing information, follow-up questions, appointment coordination, reminders, and support responses.
Listinghost provides the technology used for these communications. In many cases, messages are sent by Listinghost, or by or on behalf of a real estate agent, brokerage, team, builder, developer, or other Listinghost customer associated with the listing or inquiry.
2. Consent to Receive Messages
By providing your mobile number and affirmatively opting in, you consent to receive text messages through the SMS Program at the number you provided in connection with your specific listing inquiry, property request, showing request, appointment coordination, support request, or related follow-up. Where applicable, these messages may be sent using automated technology, including equipment that has the capacity to store or dial telephone numbers automatically.
Your consent is not a condition of purchasing any property, goods, or services. Message frequency varies based on your interactions with a listing, your requests, your follow-up activity, and any support needs.
Unless a separate disclosure and consent flow expressly states otherwise, your consent under these SMS Terms covers transactional, informational, and inquiry-related follow-up messages connected to the listing or request that prompted your opt-in. Marketing, promotional, or recurring listing-alert messages beyond that scope will be sent only where you have separately provided any consent required by applicable law.
You represent that you are the subscriber for, or customary user of, the mobile number you provide and that you are authorized to consent to receive messages at that number.
3. Standard Mobile Disclosures
Listinghost SMS Program: Message frequency varies. Message and data rates may apply. Reply STOP to cancel and HELP for help. See our Privacy Policy and SMS Terms.
If your inquiry relates to a specific property or listing, messages may be sent by or on behalf of the Listinghost customer associated with that listing, such as an agent, brokerage, team, builder, or developer.
4. Message Frequency and Content
Message frequency varies. You may receive one or more messages depending on the property, listing activity, the number of questions you ask, whether you request a tour or follow-up, and whether additional support is needed.
Messages may include:
- listing details and property information;
- responses to your questions;
- open house or showing-related information;
- scheduling or follow-up communications;
- reminders related to a requested appointment or inquiry; and
- support messages related to your use of the SMS Program.
5. Message and Data Rates
Message and data rates may apply. Check your wireless plan or contact your wireless carrier for details. You are solely responsible for any fees, charges, or costs imposed by your wireless carrier in connection with your participation in the SMS Program.
6. Opt-Out and Revocation of Consent
You may opt out of receiving further text messages at any time by replying STOP to any message.
You may also revoke consent by using any other reasonable method that clearly communicates your request to stop receiving messages, including contacting us at [email protected].
Unless Listinghost expressly discloses otherwise at the time of opt-in, an opt-out or revocation request will be treated as applying to the SMS Program as a whole and not only to a particular listing, property, or inquiry. To receive messages again after a program-wide opt-out, you must provide a new opt-in.
We will honor valid opt-out and revocation requests as soon as reasonably practicable and, in any event, within ten (10) business days after receipt, except where a shorter period is required by applicable law.
After you opt out, you may receive one final confirmation text. Once your opt-out is processed, you will no longer receive further text messages through the SMS Program unless you opt in again.
7. Help and Support
Reply HELP for help or contact us at [email protected].
8. Participating Carriers; Delivery Disclaimer
The SMS Program may not be available through all carriers or on all devices. Carriers are not liable for delayed or undelivered messages.
Actual message delivery depends on your wireless carrier, network availability, the accuracy of the phone number provided, and other factors outside our control. We do not guarantee that messages will be delivered, received, or available within any particular timeframe.
9. Privacy and Data Sharing
Information collected in connection with the SMS Program is subject to our Privacy Policy.
Listinghost may use information related to the SMS Program to provide and operate the SMS Program, respond to your requests, maintain records of consent and compliance, improve the service, prevent fraud or abuse, and comply with legal obligations.
If you inquire about a specific property or listing, Listinghost may share your mobile number, inquiry details, and message content with the Listinghost customer associated with that listing or inquiry, such as the relevant agent, brokerage, team, builder, or developer, for the purpose of responding to your request, coordinating follow-up, and servicing the inquiry. This sharing is a core function of the SMS Program and is not third-party marketing.
We do not sell or share your mobile number or SMS opt-in information with third parties or affiliates for their own marketing or promotional purposes.
10. Customer-Directed Communications
Listinghost provides the technology used to facilitate listing-related messaging. The content, timing, purpose, and follow-up of certain communications may be determined by the Listinghost customer associated with the listing or inquiry, such as an agent, brokerage, team, builder, or developer.
Your consent to participate in the SMS Program covers messages sent by Listinghost and messages sent by or on behalf of the Listinghost customer associated with the listing or inquiry, within the scope of the consent you provided.
Listinghost requires its customers that use the SMS Program to honor opt-out and revocation requests and to comply with applicable messaging and privacy laws.
If you have questions, concerns, or complaints about the substance of a property-related communication, including property details, showing availability, or follow-up from a listing representative, you should contact the listing representative associated with the property or inquiry. If you have questions about the SMS Program itself, including technical issues, HELP requests, or opt-out processing, contact Listinghost at [email protected].
11. Eligibility
The SMS Program is intended only for individuals who are at least 18 years old.
12. Changes to These SMS Terms
We may update these SMS Terms from time to time. If we make material changes, we may post the updated version with a new Effective Date or Last Updated date and may also provide notice by text message to active SMS Program participants, where appropriate. Your continued participation in the SMS Program after the effective date of the updated SMS Terms constitutes your acceptance of the updated SMS Terms. If you do not agree to the updated SMS Terms, you may opt out at any time by replying STOP.
13. Dispute Resolution; Arbitration; Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to these SMS Terms or the SMS Program will be governed by the laws of the State of Texas, without regard to conflict-of-laws principles.
Before filing a claim, you and Listinghost agree to attempt in good faith to resolve the dispute informally by contacting the other party and describing the issue and requested relief. If the dispute is not resolved within thirty (30) days after notice, either party may pursue the claim in small claims court if it qualifies, or resolve the dispute through binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules.
To the maximum extent permitted by law, the arbitrator, and not any court, will have exclusive authority to resolve any dispute concerning the existence, scope, validity, enforceability, or arbitrability of this arbitration agreement or any portion of it.
Any arbitration will be conducted on an individual basis only and not as a class, collective, consolidated, mass, or representative proceeding. To the maximum extent permitted by law, you and Listinghost each waive any right to a jury trial and any right to participate in a class or representative action.
If a court or arbitrator determines that the class, collective, consolidated, mass, or representative action waiver in this Section is unenforceable as to a particular claim or request for relief, then that claim or request for relief must be resolved in a court of competent jurisdiction and not in arbitration, and the remainder of this arbitration agreement will remain enforceable to the fullest extent permitted by law.
If arbitration proceeds, the consumer filing fee and the allocation of AAA administrative fees and arbitrator compensation will be governed by the AAA Consumer Arbitration Rules and applicable fee schedule.
14. Contact Information
If you have questions about these SMS Terms or the SMS Program, contact us at:
Listinghost, LLC
3120 SOUTHWEST FWY 101 949112
HOUSTON, TX 77098
Email: [email protected]
15. Related Policies and Disclosures
These SMS Terms should be read together with the Privacy Policy and any applicable listing-specific disclosures or consent language presented at the time you opt in.