TERMS & CONDITIONS

TERMS & CONDITIONS
Eagle Premier Realty LLC and iLISTuSELL

Last Updated: March 1, 2026

IMPORTANT: THESE TERMS INCLUDE A LIMITATION OF LIABILITY AND A DISPUTE RESOLUTION / ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER (SECTION “DISPUTE RESOLUTION”). PLEASE READ CAREFULLY.

1) WHO WE ARE
iLISTuSELL (“iLISTuSELL,” “we,” “us,” or “our”) is operated by Eagle Premier Realty LLC (“EPR”), a Florida licensed real estate brokerage based in Clearwater, Florida.

Business Contact:
Eagle Premier Realty LLC
600 Cleveland St., Suite 375
Clearwater, FL 33755
Phone: 813-508-7526

2) ACCEPTANCE OF THESE TERMS
By accessing or using any website, portal, dashboard, forms, checkout pages, products, or services offered by EPR/iLISTuSELL (collectively, the “Services”), you agree to be bound by these Terms & Conditions (“Terms”) and our Privacy Policy and Cookie Policy (collectively, the “Policies”), which are incorporated by reference.

If you do not agree, do not use the Services.

3) IMPORTANT SERVICE DEFINITIONS
“Listing Package” means the flat-fee MLS listing service level you purchase (e.g., Essential, Professional, Premier).
“Add-On Services” means optional service products you may purchase (e.g., listing description drafting, CMA report, contract review guidance, seller strategy sessions, photography, lockbox).
“MLS” means the Multiple Listing Service used for listing entry (currently Stellar MLS, subject to change based on coverage, rules, or technology).
“Listing Agreement” means the written real estate listing agreement and related disclosures/forms that you must sign (electronically or otherwise) to authorize EPR to place your property into the MLS and provide brokerage services.

4) SCOPE OF SERVICES; NO GUARANTEE OF SALE
You are purchasing a flat-fee service that includes tasks such as collecting seller-provided information, preparing an MLS listing for seller review/approval, and entering the listing into the MLS in accordance with MLS rules and broker policy.

WE DO NOT GUARANTEE:
• that your property will sell,
• that you will receive offers,
• any specific price, timing, or outcome,
• uninterrupted availability of MLS systems or third-party websites.

5) BROKERAGE RELATIONSHIP; LISTING AGREEMENT CONTROLS
The Services may involve real estate brokerage activity. Your brokerage relationship, duties owed, and the exact scope of representation (if any) are governed by the Listing Agreement and Florida law—not by these website Terms.

If there is any conflict between these Terms and any executed Listing Agreement or transaction-specific written agreement, the executed agreement controls.

6) SELLER RESPONSIBILITIES; ACCURACY OF INFORMATION
You represent and warrant that:
• you are the owner of the property or are legally authorized to list the property,
• all information you provide is true, accurate, complete, and not misleading,
• you will promptly update us if any material information changes,
• you have the legal rights/licenses to use all photos, descriptions, and materials you upload,
• you will comply with fair housing and all applicable laws in marketing your property.

You are responsible for:
• showings and access instructions (appointments, lockbox use, etc.),
• communications with buyers and buyer representatives,
• negotiations and decision-making,
• selecting and working with your chosen closing/escrow provider.

EARNEST MONEY: iLISTuSELL/EPR does not hold earnest money. Earnest money is handled by the closing/escrow provider designated in the transaction.

7) MLS RULE COMPLIANCE (CRITICAL)
Your listing must comply with MLS rules and policies. You agree not to request, submit, or cause EPR/iLISTuSELL to publish prohibited content.

Examples of prohibited content include (without limitation):
• Any direct or indirect statement of buyer-broker compensation or offers of compensation in MLS fields, remarks, attachments, photos, virtual tours, showing instructions, or any other open text fields.
• Photos or virtual tour content that violate MLS rules, including (as applicable) lifestyle photos featuring people, contact info overlays, logos, watermarks, or misleading/manipulated imagery.

If your requested content violates MLS rules, we may:
• refuse the request,
• require edits before activation,
• remove or revise content to remain compliant,
• suspend or terminate Services if compliance cannot be achieved.

MLS FINES/ENFORCEMENT: MLS compliance actions (including fines) are administered by the MLS. Where a fine arises from seller-provided content or seller-directed instructions that violate MLS rules, you agree to cooperate fully in remediation and you agree that you bear responsibility for the underlying violation.

8) THIRD-PARTY WEBSITES AND SYNDICATION
MLS listings may be distributed to third-party websites (e.g., Realtor.com, Zillow, Homes.com, etc.) through MLS distribution channels, broker settings, and/or publisher networks.

Third-party sites control their own display, update timing, and formatting. Delays, photo reordering, temporary inaccuracies, missing fields, or feed interruptions may occur. We are not responsible for third-party display decisions or outages.

9) PRICING, PAYMENTS, AND TAXES
Listing packages and add-ons are priced as shown at checkout (unless changed by written quote or promotion).

You authorize us and our payment processors to charge your selected payment method for:
• the upfront package fee and/or add-on fees you purchase,
• any applicable taxes (if required),
• any approved additional services you request.

You are responsible for ensuring your billing method is valid and up to date.

10) FEES, CANCELLATION, AND REFUNDS (TRANSPARENT PRICING)
A) UPFRONT PACKAGE FEE
Listing packages are paid upfront, based on the service level you choose.

B) $400 CLOSING FEE (DUE ONLY IF SOLD)
A flat $400 closing fee is due at closing only if your property sells.

C) NO TRANSACTION/COORDINATION/ADMIN FEE BEYOND THE $400
We do not charge a separate transaction coordination or admin fee at closing beyond the flat $400 closing fee.

D) CANCELLATION
You may cancel at any time. Once your listing is live in the MLS, cancellation requires a one-time $100 cancellation fee.

E) REFUNDS
No refunds are provided once your listing is live/activated on the MLS.
Before MLS activation, refunds (if any) are governed by the Listing Agreement, these Terms, and our written policies at the time of purchase.

11) BUYER-AGENT COMPENSATION
The seller decides whether to offer buyer-agent compensation and in what amount (including $0).
IMPORTANT: Offers of compensation cannot be communicated via the MLS.
iLISTuSELL/EPR does not deduct anything from buyer-agent compensation.

12) ADD-ON SERVICES DISCLAIMERS (NOT LEGAL OR TAX ADVICE)
Some add-ons provide education, drafting support, or practical guidance. Unless clearly stated in a separate written agreement signed with a licensed attorney, these services are NOT legal advice and do not create an attorney-client relationship.

“Contract Review” or “Offer Guidance” is general, practical guidance to help you understand common terms and timelines. You should consult a Florida-licensed attorney for legal advice, contract drafting, or legal interpretation.

We do not provide tax advice. Consult your tax professional as needed.

13) USER ACCOUNTS AND SECURITY
If you create an account:
• you must provide accurate information,
• you are responsible for all activity under your account,
• you must keep your login credentials secure,
• you must notify us promptly of suspected unauthorized access.

We may suspend or terminate accounts for suspected fraud, abuse, unauthorized access, or violations of these Terms.

14) ACCEPTABLE USE; PROHIBITED CONDUCT
You agree not to:
• misuse the Services,
• upload malware or attempt to gain unauthorized access,
• use the Services to violate laws or third-party rights,
• post discriminatory or unlawful advertising,
• scrape, reverse engineer, or interfere with site operations.

15) INTELLECTUAL PROPERTY
The Services, site design, logos, text, and materials (excluding seller-submitted materials) are owned by EPR/iLISTuSELL or licensors and protected by intellectual property laws. You receive a limited, revocable, non-transferable license to use the Services for your personal, lawful use.

16) DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THIRD-PARTY SITES WILL DISPLAY LISTINGS CORRECTLY.

17) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
• EPR/iLISTuSELL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
• OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTHS BEFORE THE EVENT.

THIS LIMITATION APPLIES EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES.

18) INDEMNIFICATION
You agree to indemnify and hold harmless EPR/iLISTuSELL and its owners, officers, agents, contractors, and affiliates from claims arising out of:
• your content (photos, descriptions, statements),
• your violation of laws, MLS rules, or third-party rights,
• disputes with buyers, agents, title/closing providers, or other third parties,
• your misuse of the Services.

19) DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
A) INFORMAL RESOLUTION FIRST
Before filing a claim, you agree to contact us at [YOUR SUPPORT EMAIL] and provide a brief description of the dispute and the relief sought. We will attempt to resolve disputes informally.

B) BINDING ARBITRATION
If informal resolution fails, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by [AAA / JAMS] under its applicable rules, except that either party may bring an individual claim in small claims court if eligible.

C) CLASS ACTION WAIVER
YOU AND WE AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

D) GOVERNING LAW
These Terms are governed by Florida law, except where preempted by federal law.

20) CHANGES TO THESE TERMS
We may update these Terms from time to time. The “Last Updated” date will reflect changes. Continued use of the Services after updates constitutes acceptance.

21) SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain in effect.

22) CONTACT
Questions about these Terms:
Email: [YOUR SUPPORT EMAIL]
Mail: Eagle Premier Realty LLC, 600 Cleveland St., Suite 375, Clearwater, FL 33755