LISTING TERMS & CONDITIONS
LISTING TERMS & CONDITIONS
These Listings Terms and Conditions (“Terms”) apply to any individual or entity who uses the Listing to list a property for lease or sale or any tools or forms or agreements that are made available on www.themhpexchange.com or any other The MHP Exchange, LLC., and its affiliates (collectively “MHPEXCHANGE”), site (collectively, the “Site”). These Terms are in addition to the Terms of Use and, if applicable, any separate written agreement, including the terms and conditions of such agreement, that covers your use of a MhpExchange service, which together form a legally binding contract between you and The MHP Exchange; provided, however, that the terms and conditions of such written agreement shall control with respect to such service to the extent they conflict with these Terms and the
TERMS OF USE
By using the Listing to advertise on the Site, you represent and warrant that: (a) the listing is eligible to be listed using the Listing, meaning the listing is a commercial property and is for sale or lease; (b) you own or have the right to advertise the property you are listing; (c) you have the right to sell or lease the advertised property; (d) you are willing to sell or lease the advertised property at the price and on any other terms specified in your listing; (e) you shall not advertise a duplicate listing (e.g., the same physical property listed under more than one Listing ID) on the Site, unless the duplicate listing is listed by a new broker, in which case The MHP Exchange may remove the older duplicate listing; (g) you shall update your listing with any changes in the Listing no less frequently than 30 days; (h) upon leasing or otherwise taking your property off the market, you will promptly delete the listing for that property; (i) you will not use Listing to advertise or promote anything, including, without limitation, any product, service or business, other than the unique property offered for lease or sale; (j) you will not use the Listing or the Site for any fraudulent, false, misleading or deceptive activity; (k) you are solely responsible for any and all listings you add using the Listing, and all ads, photos, descriptions, data, or other information (“Content”) you submit to the Site; (l) all Content that you provide to The MHP Exchange and everything in your listing, including without limitation, any photos or text description, is non-infringing of a third party’s intellectual property rights, truthful, accurate and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws; (m) you have all the rights necessary to post your listings using the Listing, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and (n) photos you upload to the Listing will only show the property listed for sale or lease or the surrounding amenities or area, and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the property. The MHP Exchange reserves the right, in its sole discretion, to remove any listing or Content from the Listing, without notice and without liability, that does not meet the requirements of these Terms, the Site’s Terms of Use, The MHP Exchange’s policies, or if The MHP Exchange otherwise determines or believes, in its sole and exclusive discretion, is inappropriate for any legal, business, technical or other reason. The MHP Exchange prohibits the listing of a single property more than once on the website at the same time.
LICENSES
By submitting a listing via the Listing, you grant to The MHP Exchange, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant The MHP Exchange, LLC includes express permission for The MHP Exchange to use and display the listing and Content, or any modification thereof, in the Site and The MHP Exchange-affiliated or partner products and sites. In accordance with these Terms, The MHP Exchange grants you a limited, non-exclusive, non-sublicenseable, fully paid, revocable license to use solely within your listing any MHP Exchange data, photos, descriptions or other information The MHP Exchange may provide to you to enrich your listing through the only the Listing.
LIQUIDATED DAMAGES
Violations of these Terms harm the integrity, functionality, and reputation of The MHP Exchange; detract from users’ and our customers’ trust in and use of the Site; and damage the business The MHP Exchange. In The MHP Exchange’s discretion and if feasible, The MHP Exchange may notify you of any violation you have caused and provide you ten (10) days to cure such violation. If such violation is not timely cured or if cure is not feasible, you acknowledge and agree that The MHP Exchange incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Terms. You agree that it is fair and reasonable for The MHP Exchange, as its option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by The MHP Exchange for each such violation you commit and to seek and obtain injunctive relief to prevent future violations. You agree that monetary damages alone would not provide a sufficient remedy to The MHP Exchange for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that The MHP Exchange post a bond. You agree specifically that the availability of liquidated damages does not impact The MHP Exchange’s right to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative.
$50,000 Per Listing
You agree to pay $50,000 per advertisement on the Site that contains false or fraudulent content (including but not limited to false or misleading property location, descriptions, photos, or contact information.)
GENERAL LIMITATIONS
In most cases, listings added using the Listing will appear on the Site within 24 hours of submission. THE MHP EXCHANGE DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE Listing, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF ANY DOCUMENT PROVIDED BY THE MHP EXCHANGE, AND ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL OR LEASE YOUR PROPERTY, OBTAIN AN ACCEPTABLE SALE PRICE OR RENT FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS OR LESSEES, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR SALE OR LEASE. The MHP Exchange reserves the right to, but is under no obligation to and does not assume any obligation to, review listings added using the Listing before and/or after they are posted to the Site to confirm information relating to the advertiser and the advertised property and to investigate complaints and suspicious activity. If The MHP Exchange determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, The MHP Exchange reserves the right to reject or immediately remove your listing from the Site without notice and without liability, as described above.
AGREEMENTS & TOOLS
By viewing, using or accessing the Listing, including by using any tool, form or agreement provided on the Site, or by uploading any other form or agreement to the Site, you (i) acknowledge that THE MHP Exchange is not a party to the transaction contemplated by such form or agreement, (ii) agree that these Terms, including the warranty disclaimers, waivers, limitations of liability and indemnification set forth in these Terms apply to such tools, forms and agreements and your use thereof, and (iii) acknowledge that The MHP Exchange makes no representations or warranties as to the sufficiency, legal effect or enforceability of any such tools, forms and agreements and by your use of the same you confirm that you have made your own independent analysis of the sufficiency, legal effect and enforceability of any such tools, forms and agreements without reliance upon The MHP Exchange.
The MHP Exchange makes no representations or warranties as to the sufficiency, legal effect or enforceability of any electronic signatures including, without limitation, what law may govern any such electronic signatures. By viewing, using or accessing the Listing, you acknowledge and confirm that you have made your own independent analysis of the sufficiency, legal effect, governing law and enforceability of any such electronic signatures.
MISCELLANEOUS
These Terms may be modified at any time and such modifications shall take effect upon the posting of the modified Terms in the Listing. Your continued use of the Listing or the Site after the posting of any modified Terms shall constitute your agreement to be bound by any such changes. The MHP Exchange may modify, suspend, discontinue or restrict the use of any portion of the Listing or the Site without notice or liability. These Terms will be governed by and construed in accordance with the laws of New York without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Listing or the Site must be exclusively filed in the federal or state courts located in the District of New York, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in New York, and waive any objection based on forum non convenience. As a condition of using the Listing and the Site, you agree that all causes of action arising out of, or connected with the Listing or the Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will continue in full force and effect. Failure by The MHP Exchange to enforce any provision of the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms. Nothing herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE Listing AND MUST EXIT THE SERVICE IMMEDIATELY.
847 Annadale Rd.
Staten Island, NY 10312
Phone: (1) 347.470.7303
Email: info@themhpexchange.com
Thank you for choosing TheMHPExchange.com.
TERMS OF USE
By using the Listing to advertise on the Site, you represent and warrant that: (a) the listing is eligible to be listed using the Listing, meaning the listing is a commercial property and is for sale or lease; (b) you own or have the right to advertise the property you are listing; (c) you have the right to sell or lease the advertised property; (d) you are willing to sell or lease the advertised property at the price and on any other terms specified in your listing; (e) you shall not advertise a duplicate listing (e.g., the same physical property listed under more than one Listing ID) on the Site, unless the duplicate listing is listed by a new broker, in which case The MHP Exchange may remove the older duplicate listing; (g) you shall update your listing with any changes in the Listing no less frequently than 30 days; (h) upon leasing or otherwise taking your property off the market, you will promptly delete the listing for that property; (i) you will not use Listing to advertise or promote anything, including, without limitation, any product, service or business, other than the unique property offered for lease or sale; (j) you will not use the Listing or the Site for any fraudulent, false, misleading or deceptive activity; (k) you are solely responsible for any and all listings you add using the Listing, and all ads, photos, descriptions, data, or other information (“Content”) you submit to the Site; (l) all Content that you provide to The MHP Exchange and everything in your listing, including without limitation, any photos or text description, is non-infringing of a third party’s intellectual property rights, truthful, accurate and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws; (m) you have all the rights necessary to post your listings using the Listing, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and (n) photos you upload to the Listing will only show the property listed for sale or lease or the surrounding amenities or area, and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the property. The MHP Exchange reserves the right, in its sole discretion, to remove any listing or Content from the Listing, without notice and without liability, that does not meet the requirements of these Terms, the Site’s Terms of Use, The MHP Exchange’s policies, or if The MHP Exchange otherwise determines or believes, in its sole and exclusive discretion, is inappropriate for any legal, business, technical or other reason. The MHP Exchange prohibits the listing of a single property more than once on the website at the same time.
LICENSES
By submitting a listing via the Listing, you grant to The MHP Exchange, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant The MHP Exchange, LLC includes express permission for The MHP Exchange to use and display the listing and Content, or any modification thereof, in the Site and The MHP Exchange-affiliated or partner products and sites. In accordance with these Terms, The MHP Exchange grants you a limited, non-exclusive, non-sublicenseable, fully paid, revocable license to use solely within your listing any MHP Exchange data, photos, descriptions or other information The MHP Exchange may provide to you to enrich your listing through the only the Listing.
LIQUIDATED DAMAGES
Violations of these Terms harm the integrity, functionality, and reputation of The MHP Exchange; detract from users’ and our customers’ trust in and use of the Site; and damage the business The MHP Exchange. In The MHP Exchange’s discretion and if feasible, The MHP Exchange may notify you of any violation you have caused and provide you ten (10) days to cure such violation. If such violation is not timely cured or if cure is not feasible, you acknowledge and agree that The MHP Exchange incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Terms. You agree that it is fair and reasonable for The MHP Exchange, as its option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by The MHP Exchange for each such violation you commit and to seek and obtain injunctive relief to prevent future violations. You agree that monetary damages alone would not provide a sufficient remedy to The MHP Exchange for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that The MHP Exchange post a bond. You agree specifically that the availability of liquidated damages does not impact The MHP Exchange’s right to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative.
$50,000 Per Listing
You agree to pay $50,000 per advertisement on the Site that contains false or fraudulent content (including but not limited to false or misleading property location, descriptions, photos, or contact information.)
GENERAL LIMITATIONS
In most cases, listings added using the Listing will appear on the Site within 24 hours of submission. THE MHP EXCHANGE DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE Listing, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF ANY DOCUMENT PROVIDED BY THE MHP EXCHANGE, AND ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL OR LEASE YOUR PROPERTY, OBTAIN AN ACCEPTABLE SALE PRICE OR RENT FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS OR LESSEES, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR SALE OR LEASE. The MHP Exchange reserves the right to, but is under no obligation to and does not assume any obligation to, review listings added using the Listing before and/or after they are posted to the Site to confirm information relating to the advertiser and the advertised property and to investigate complaints and suspicious activity. If The MHP Exchange determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, The MHP Exchange reserves the right to reject or immediately remove your listing from the Site without notice and without liability, as described above.
AGREEMENTS & TOOLS
By viewing, using or accessing the Listing, including by using any tool, form or agreement provided on the Site, or by uploading any other form or agreement to the Site, you (i) acknowledge that THE MHP Exchange is not a party to the transaction contemplated by such form or agreement, (ii) agree that these Terms, including the warranty disclaimers, waivers, limitations of liability and indemnification set forth in these Terms apply to such tools, forms and agreements and your use thereof, and (iii) acknowledge that The MHP Exchange makes no representations or warranties as to the sufficiency, legal effect or enforceability of any such tools, forms and agreements and by your use of the same you confirm that you have made your own independent analysis of the sufficiency, legal effect and enforceability of any such tools, forms and agreements without reliance upon The MHP Exchange.
The MHP Exchange makes no representations or warranties as to the sufficiency, legal effect or enforceability of any electronic signatures including, without limitation, what law may govern any such electronic signatures. By viewing, using or accessing the Listing, you acknowledge and confirm that you have made your own independent analysis of the sufficiency, legal effect, governing law and enforceability of any such electronic signatures.
MISCELLANEOUS
These Terms may be modified at any time and such modifications shall take effect upon the posting of the modified Terms in the Listing. Your continued use of the Listing or the Site after the posting of any modified Terms shall constitute your agreement to be bound by any such changes. The MHP Exchange may modify, suspend, discontinue or restrict the use of any portion of the Listing or the Site without notice or liability. These Terms will be governed by and construed in accordance with the laws of New York without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Listing or the Site must be exclusively filed in the federal or state courts located in the District of New York, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in New York, and waive any objection based on forum non convenience. As a condition of using the Listing and the Site, you agree that all causes of action arising out of, or connected with the Listing or the Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will continue in full force and effect. Failure by The MHP Exchange to enforce any provision of the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms. Nothing herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE Listing AND MUST EXIT THE SERVICE IMMEDIATELY.
847 Annadale Rd.
Staten Island, NY 10312
Phone: (1) 347.470.7303
Email: info@themhpexchange.com
Thank you for choosing TheMHPExchange.com.
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Based in Staten Island, NY, the MHP Exchange team are seasoned experts in the mobile home market, with over 40 combined years of business, and a decade of experience in buying, selling, and financing properties nationwide. The MHP Exchange platform is a leading resource for mobile home and park education, listings, and news, and introduces the industry's first AI agent equipped with an extensive knowledge base covering all aspects of mobile homes and parks.
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