General Terms of Service

Last updated: April 19, 2023

Definitions

Capitalized terms used but not otherwise defined in these General Terms of Service have the meanings set forth below:

“Applicable Governing Law” means: (i) for Users residing in Canada, laws of the Province of British Columbia and the federal laws of Canada applicable therein; and (ii) for Users residing in the United States or elsewhere, laws of the State of New York.

“Applicable Laws” means all applicable local, municipal, state, provincial, territorial, national, and international laws, rules, regulations, and guidelines.

“Content” means any ad, photo, video, message, document, description, data, rating, review, comment, or other information.

“Copyright Act” means (i) for Users residing in Canada, the Copyright Act, RSC., 1985, c. C-42; and (ii) for Users residing in the United States, the Digital Millennium Copyright Act of 1998.

“Exclusive Jurisdiction” means: (i) for Users residing in Canada, the courts located in the Province of British Columbia; and (ii) for Users residing in the United States and elsewhere, the state and federal courts located in New York City.

“Feedback” means any input and suggestions regarding the Site or the Services.

“Housing and Human Rights Laws” means any Applicable Law that makes it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, sexual orientation, marital status, ancestry, source of income, or other criteria.

“Listing Service means the Site’s listing service.

“Listing Terms” means the terms and conditions applicable to any User of the Listing Service.

“Livabl,” “We,” “Us,” or “Our” means: (i) for Users residing in Canada, Zonda Home Canada Inc. dba “Livabl”; and (ii) for Users residing in the United States and elsewhere, Metrostudy Inc. dba “Livabl.”

“Livabl Parties” means Our agents, parent and subsidiary companies, affiliates, partners, licensors (excluding any User), or third-party service providers and their respective directors, officers, employees, and agents

“Marks” means any trademarks, service marks, and other indicia of source.

“Privacy Policy” means: (i) for Users residing in Canada, that certain Zonda Home Canada, Inc. Privacy Policy available at https://www.zondahome.com/legal/privacy-policy/canada-en/ (English) and https://www.zondahome.com/legal/privacy-policy/canada-fr/ (French) ; and (ii) for Users residing in the United States or elsewhere, that certain Privacy Policy available at https://zondahome.com/legal/privacy-policy/.

“Services” means any of Our online services or any part of them available on or through the Site.

“Software” means all software contained in the Site.

“Site” means, collectively, the Livabl.com website or any related applications, as well as any publicly available versions appearing on third-party sites or offered through any distribution partner or other listing syndication.

“Terms” means, collectively, the General Terms of Service, the Listing Terms, and the Privacy Policy, together with all other terms and conditions listed on the Site or otherwise incorporated by reference here.

“Third-Party Content” means Content provided by third parties and links to websites and services maintained by third parties.

“Third-Party Integration” means third-party applications, products, or services for use in connection with the Site or Services.

“You,” “Your,” or “User” means anyone accessing and/or using the Site or the Services, including through a bot or other automated means, and if on behalf of an organization (for example, as an account administrator), such terms refer to that organization.

“Your Content” means any Content (including without limitation ratings, reviews, comments, and listings or other information) or interaction with other Users, such as through contact forms, chat features, or other communication functionality.

Binding Agreement and Privacy Policy

The Terms are a legally binding contract between You and Livabl that You are agreeing to by registering for an account or by accessing or using the Site and/or the Services. By using the Site, You represent and warrant that You have reached the age of majority in Your jurisdiction of residence and that You can form a binding contract with Livabl. Your use of the Site and/or the Services is only permitted if in compliance with the Terms and all Applicable Laws. You further represent and warrant that You are not a competitor of Livabl. If You do not agree with the Terms, do not access the Site or register or use any of the Services.

You acknowledge and agree that the Terms are solely a contract between You and Livabl and expressly do not govern any sale, transaction, or other relationship between You and any other User, including without limitation with respect to any buyer or seller or any property sale contract in connection with any listing on the Services or with respect to any Third-Party Content or Third-Party Integration. Livabl shall have no liability for Your interactions with other Users or for any User’s action or inaction.

If You are accessing the Site or using the Services on behalf of an organization (for example, as an account administrator), You are agreeing to the Terms for that organization and are representing and warranting to Us that You have the authority to bind that organization to the Terms.

Please click here and review the Privacy Policy (for residents of Canada, https://www.zondahome.com/legal/privacy-policy/canada-en/ (English) and https://www.zondahome.com/legal/privacy-policy/canada-fr/ (French) ; and for residents of the United States and elsewhere, https://zondahome.com/legal/privacy-policy/ , which describes Our privacy policies and practices in detail with respect to the Site and Services. As We may amend the Privacy Policy from time to time, We advise You to revisit the Privacy Policy on a frequent basis for changes. You hereby consent to Our use of Your personal information in accordance with the Terms and for the limited purposes described in the Privacy Policy. By agreeing to the Terms, You acknowledge and agree that certain information about You is subject to the Privacy Policy.

Nature of the Site and the Services

Livabl provides the Site and Services to enable members of the real estate and mortgage industry to share information about real estate listings, properties, and services with the public. Livabl does not provide any real estate, brokerage, appraisal, or any other related real estate or real property services, and does not hold itself out as being registered, licensed, or otherwise authorized to perform any such services. Livabl does not provide any advice regarding real property, real estate, real estate transactions, brokerages, appraisals, or any other real estate or real property matters. Livabl does not endorse, recommend, or approve of any real estate agent, broker, brokerage, or other service provider who offers services in connection with the information provided on or through the Site or Services, including without limitation any advertisements provided thereon. Livabl does not (a) broker, sell, lease, or offer to broker, sell, or lease, or own any properties directly and is not a party to any transaction between developers, builders, or sellers (including, as applicable, agents or brokers of the foregoing) and buyers or their brokers or agents; (b) guarantee or ensure any property or any transaction between or among Users; (c) conduct background screening of any Users or facilitate the execution of any documentation on behalf of any User or collect payment on behalf of any User; or (d) act as an agent, broker, payment processor, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Site or Services.

You should use Your own judgment regarding the merits of any individual, entity, or information that You find on or through the Site, and You are strongly encouraged to personally inspect any listing prior to signing any documentation, providing personal information, or wiring or otherwise sending money for any deposit, payment, or other fee. Livabl cannot and does not represent or warrant that any real estate agent, broker, brokerage, or other service provider who offers services in connection with the information provided on or through the Site is registered, licensed, qualified, or otherwise authorized or capable of performing any such service. Livabl does not make any representations, warranties, conditions, guarantees or assurances as to the timeliness, completeness, or accuracy of information provided by any real estate agent, broker, brokerage, appraiser, or other service provider on or through the Site, including without limitation any real property evaluation or other related services.

By using the Site and/or Services, You acknowledge that published prices and availabilities are subject to change at the sole discretion of the property owner or listing agent at any time and without any prior notice. IF YOU RELY ON ANY SERVICE, INFORMATION, OR OTHER CONTENT AVAILABLE ON THE SITE OR THROUGH THE SERVICES, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR RELATING TO YOUR USE OF ANY SERVICE, INFORMATION, OR OTHER CONTENT AVAILABLE ON THE SITE OR THROUGH THE SERVICES.

Changes to The Terms

We reserve the right to modify the Terms at any time. We will post the most current version of the Terms on the Site. Any revisions to the Terms will be effective immediately upon posting by Us. For any material changes to the Terms, We will take reasonable steps to notify You of such changes, via a banner on the Site, email notification, another method, or combination of methods. In all cases, Your continued use of the Site or the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Changes to the Site or Services

We are constantly changing and improving the Site and the Services. We may deploy changes, updates, or enhancements to the Site or the Services at any time. We may also add or remove functionalities or features, or We may suspend or stop the Site and/or the Services altogether. Livabl shall in no way be held liable for any consequence which results from Our decision to modify or discontinue providing the Site, the Services, or any Content thereof.

Registration and Accounts

By registering for an account on the Site or through the Services, You agree to complete the registration process by providing Us with complete and accurate information. You must also provide and maintain one dedicated email address for communications with Livabl. You must keep, and are responsible for keeping, Your registration credentials confidential. You must have reached the age of majority in Your jurisdiction of residence to register for an account. Any use or access to any of the Site or the Services by anyone under the age of majority of Your jurisdiction is strictly prohibited and in violation of the Terms.

The Services have different features and may have different levels of access for various users or depending on how You use the Services or which Services You use. We may change user roles and/or functionality at any time, and the Terms apply to all Users regardless of whether they are buyers, sellers, agents, brokers, builders, developers, visitors, or others who register for or otherwise access the Site or use the Services for any reason.

If You are an account administrator, “Your users” include any employee, contractor, agent, or representative visiting the Site or using the Services on Your behalf. You are solely responsible for all usage of the Services, or activities on the Site, by You and by those You authorize or allow to use the Services or provide access to the Site.

You are solely responsible for all Your Content, including that You or Your users upload to or share through the Site or the Services and will ensure that Your users comply with Your obligations under the Terms. We may impose reasonable limits on uses of the Services to prevent degradation of the performance of the Services for You or other Users.

Only You may use Your account, and You are responsible for any use of Your account, including any unauthorized use of Your account. If You become aware of any unauthorized use of the Services or Your account, please contact Us immediately at zondaprivacy@zondahome.com. In addition, You are solely responsible to ensure that Your hardware, network, Internet connection, and other equipment meet the requirements to use the Site and the Services.

Livabl prohibits the use of inappropriate usernames. This paragraph lists the types of usernames for Your account that are considered inappropriate, but these lists are not exhaustive. Use common sense in applying these rules (e.g., a word that may seem offensive in one context may have another, more benign meaning in another context). The following types of username are not permitted because they may be misleading in a way that disrupts the normal operation of the Site and the Services: (a) usernames that impersonate other people or companies; (b) usernames that give the impression that the account has permissions which it does not have (e.g., by containing the terms "administrator," "sysop," or "moderator"); and (c) usernames including phrases such as "Livabl," "LivablPro," or similar if they give the incorrect impression that the account may be officially affiliated with Livabl or the Site or the Services. The following types of usernames are not permitted because they are disruptive or offensive: (i) usernames that are likely to offend other contributors (e.g., by containing profanities); (ii) usernames that contain or imply personal attacks; (iii) usernames that seem intended to provoke emotional reaction (i.e., "trolling"); and (iv) usernames that otherwise show a clear intent to disrupt the Site or the Services. Note that usernames that are inappropriate in another language, or that represent an inappropriate name with misspellings and substitutions, or do so indirectly or by implication, are still considered inappropriate.

Proprietary Nature of Site and Content

All Content on the Site is protected by copyright and other intellectual property laws. The Content is owned by Livabl and/or its licensors and suppliers. This includes all know-how, technology, and other intellectual property or proprietary information developed during the provision of the Services. The Content is intended solely for Your personal use. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, combine, create a derivative work from, repost, or otherwise use any Content or portion thereof in any other way or for any other purpose without the prior written consent of Livabl in each instance.

If You choose to provide any Feedback, then You hereby grant Us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Site or the Services or to create other products and services.

Your Content

The Services may enable or permit You to post Your Content. We cannot and do not review Your Content or other User interactions. We do not endorse or guarantee the accuracy of any Content, regardless of whether the posting is Your Content, comes from another User, from a paid advertisement, from a member of Our staff, from any "expert" guest, or otherwise, and We are not responsible or liable for, and We do not assume any responsibility related to, the information or opinions expressed in such Content.

You agree that Your Content will be relevant to the specific listing or subject matter related to which it is submitted. You agree not to include any personal information (i.e., information about an identifiable individual or information where there is a serious possibility that an individual could be identified through the use of that information, alone or in combination with other information).

By submitting Your Content to Livabl, the Site, or the Services, You represent, warrant, and agree that:

• You are the sole author and owner of the intellectual property rights thereto;
• You have all necessary authority, rights, and permissions to submit Your Content;
• All “moral rights” that You may have in such Content have been voluntarily waived by You;
• Your Content is accurate;
• You have reached the age of majority in Your jurisdiction of residence; and
• Use of Your Content does not violate the Terms or any Applicable Law and will not cause injury to any person or entity.

You further represent, warrant, and agree that any of Your Content that You upload, post, submit, transmit, or otherwise provide to the Site or through the Services shall not:

• Be known by You to be false, inaccurate, incomplete, or misleading;
• Infringe, violate, or misuse any third party's intellectual property, including any copyright, patent, trademark, trade secret, or other proprietary rights, rights of publicity, or privacy rights;
• Cause injury to any person;
• Be, or may reasonably be considered to be, defamatory, libelous, hateful, homophobic, racially, ethnically, or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or entity;
• Mislead, deceive, or defraud or seek to mislead, deceive, or defraud any other User;
• Be Content for which You were compensated or granted any consideration by any third party, except with respect to authorized listings;
• Include any information that references other websites, properties, addresses, or personal information (e.g., email addresses, contact information, or phone numbers); or
• Contain any computer viruses, worms, malware, or other potentially damaging computer programs or files.

You are solely responsible for Your Content and ensuring that Your Content does not violate any Applicable Law or these Terms or any other Livabl guidelines or policies.

By submitting Your email address in connection with Your rating or review, You agree that We and Our third-party service providers may use Your email address to contact You about the status of Your review or rating and for other administrative purposes.

By submitting Your Content to the Site or through the Services, You hereby grant to Us a worldwide, royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit Your Content in any form, media, software, or technology of any kind now existing or developed in the future, including for the purpose of promoting and redistributing part or all of the Services (e.g., promotions on social media or through email marketing or other channels). You hereby assign, now and forever, throughout the world, all of Your rights, title, and interest to all derivative works developed by Us from Your Content, and You hereby absolutely and irrevocably waive, in Our favor, to the extent permitted by Applicable Law, any and all claims you may now or hereafter have in any jurisdiction to any moral rights to such derivative works. You also hereby grant Us the right to aggregate anonymous data from Your Content regarding use and functioning of the Services by You and other Users, and such aggregated data will be deemed a derivative work of Your Content. You further grant to Us a royalty-free right and license to use Your name, image, and likeness in connection with the reproduction or distribution of Your Content.

Subject to the license You granted to Livabl above, Your Content may be used at the sole discretion of Livabl. We reserve the right to change, edit all or any part of Your Content, condense, delete, or not post any of Your Content if We reasonably believe that any of Your Content is in breach of Terms or may cause harm to Livabl, other Users, or third parties. We reserve the right to remove or to refuse to post any of Your Content for any reason. You acknowledge that You, not Livabl, are responsible for Your Content. None of the Your Content shall be subject to any obligation of confidence on the part of Livabl or any Livabl Party.

By using the Site, You expressly agree that Livabl (a) will not be liable for any claims, actions, or judgments arising out of or related to any Content or Your Content and (b) may monitor, refuse to publish, remove, delete, move, or edit any Content or Your Content without notice at any time for any reason, without liability and without providing a refund.

All Content must be in the then-current forms and meet the specifications required or enabled by the Site from time to time, which may be modified at any time in Our discretion and without prior notice.

We reserve the right, but undertake no duty, in Our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Site or Services, including without limitation any of Your Content. Any changes to the Site or Services may not be consistent across all platforms or devices. If any changes require You to obtain a new, additional, or different device or other equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, You are solely responsible for any additional expense. Even after Your Content is removed from Your account/profile, Your messages, post(s), and/or threads, regardless of whether such removal or deletion is by You or by Us, copies of Your Content may be retained and/or remain viewable by Us, Our licensors, vendors, service providers, and/or other third parties, including other Users.

Third-Party Content and Integrations

Through the Services, You will have the ability to access and/or use Third-Party Content. Livabl does not guarantee that such Third-Party Content, in the Services or elsewhere, will be free of errors or material You may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm Your computer, mobile device, or any files therein. Livabl makes no representations, warranties, conditions, or guarantees of any kind and assumes no liability of any kind related to Your access or use of, or inability to access and use, any Third-Party Content.

We may make available Third-Party Integrations. Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between You and the applicable third party. Livabl makes no representations, warranties, conditions, or guarantees of any kind and assumes no liability of any kind related to Your access or use of, or inability to access and use, any Third-Party Integration. If You have any questions or concerns regarding any Third-Party Integration, please contact the applicable third party. In addition, the Site or Services may contain links to third-party websites and online services that are not owned or controlled by Livabl. We have no control over, and assume no responsibility for, such websites and online services. Be aware when You leave the Site or Services, We suggest You read the terms and privacy policy of each third-party website and online service that You visit.

PROVIDERS OF THIRD-PARTY CONTENT OR THIRD-PARTY INTEGRATIONS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THESE TERMS. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.

Claims of Copyright Infringement

We respect the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Your Content alleged to violate copyright laws or the Terms and reserve the right to terminate the account(s) of violators.

If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site or Services, You may report any alleged infringements by providing a written notice with the following information:

• Identification of the copyrighted work that You claim has been infringed;
• Identification of the allegedly infringing content, and information reasonably sufficient to permit Us to locate it;
• A statement by You that You have a good faith belief that the use of the Content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent, or Applicable Law;
• A statement by You that You attest that the information in Your notice is accurate and that You are the copyright owner or otherwise authorized to act on the owner's behalf; and
• Your physical or electronic signature, together with Your contact information (address, telephone number, and if available, email address).
• Deliver the written notice to Us at the following address:
  4000 MacArthur Blvd. Suite 400, Newport Beach, CA 92660
  zondaprivacy@zondahome.com

Under federal law, if You knowingly misrepresent that online material is infringing, You may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and legal fees.

Please note that this procedure is exclusively for notifying Us that Your copyrighted material has been infringed. The preceding requirements do not constitute legal advice. It may be advisable to contact legal counsel regarding Your rights and obligations under Applicable law, including without limitation the Copyright Act. We have adopted a policy of terminating access, in appropriate circumstances, of Users who are deemed to be repeat infringers. We may also, at Our sole discretion, limit access to the Site or Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Trademarks

You acknowledge that the Content includes certain Marks that are owned by or licensed to Livabl or others. You agree not to copy, use, infringe, or dilute any Mark. You further agree that You will not alter or remove any Mark, copyright notice, or other notice from the Content or any copy thereof. The “Livabl” name and logo are trademarks of Livabl. Other product and company names herein may be trademarks of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Us.

Software

All Software is owned by Livabl and/or its licensors or suppliers and is protected by copyright and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display, or other use of the Software is expressly prohibited by law and may result in civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

Linking and Framing

Unless otherwise agreed in writing by Us, You may only provide a hypertext link to the Site on another website, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with any Mark, as determined by Us in Our sole and absolute discretion; (b) the appearance, position, and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Us, as determined by Us in Our sole and absolute discretion; (c) the link, when activated by a user, must display the Site full-screen and not within a "frame" on the linked website; and (d) We reserve the right to revoke Our consent to the link at any time in Our sole discretion.

Contact and Electronic Messages

Some actions You perform while using the Site will result in email messages from Livabl being sent to the email account associated with Your Livabl account. These email messages are meant to notify You of activity related to Your Livabl account. Email messages that may be sent to You may include, but are not limited to, new follower notifications, updates on listed developments You are following, correspondence with fellow Livabl Users through internal messaging or similar features, communication related to inquiries You have sent through the site to agents and developers, and communication related to Your activity on the Livabl Chat. With Your consent, Livabl may email You news, messages, questions, and announcements that We feel may be of relevance to You. You may unsubscribe to these email messages at any time using the unsubscribe mechanism that appears on all email messages sent by Livabl or otherwise described in the Privacy Policy. You may also unsubscribe to these email messages from within Your user settings or by contacting Livabl directly. If You unsubscribe to these email messages, You may continue to receive transactional or account-related communications from Us as permitted by Applicable Law.

Your Representations and Warranties; Indemnification

In addition to Your other representations and warranties set forth herein, You hereby represent, warrant, and agree that (a) Your Content, access to the Site, and use of the Services does not and will not cause injury to any person or violate any Applicable Law, including but not limited to those applicable real estate licensure or brokerage regulations, any Housing and Human Rights Law, export control, consumer protection, unfair competition, or false advertising; and (b) You will not mislead, deceive, defraud, seek to mislead, deceive, or defraud, make any misrepresentations to, or seek to make misrepresentations to, any other User. You acknowledge that these representations concern facts that are material to Livabl.

You agree to defend, indemnify, and hold harmless Livabl and the Livabl Parties from and against any and all claims, costs, demands, damages (including, but not limited to, actual or consequential) of every kind and nature, known and unknown, or expenses, including legal fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing, or other use of Your Content, (ii) Your use of the Services or any reliance on the Content, (iii) Your breach of the Terms (including without limitation any breach of Your representations and warranties), (iv) any actual, prospective, or terminated sale, lease, or other transaction between You and a third party, or (v) Your violation of any law or the rights of a third party.

Restrictions on Use

You agree not to decompile, reverse engineer, or undertake any similar efforts with respect to the Site or the Services. You will not create any derivative works of the Site or the Services. You will not access or use the Site or the Services to develop Your own software or services, benchmark the Services, frame or mirror the Site or the Services, or copy or modify any part of the Site or the Services.

Moreover, You agree that You will not, and that You will not encourage others or assist others to, harm the Services or use the Services to harm others. For example, You must not use the Services to harm, threaten, or harass another person, organization, or Livabl. You shall not: (a) damage, disable, overburden, or impair the Services (or any connected network); (b) resell or redistribute the Services; (c) use any unauthorized means to modify, reroute, or gain access to the Services or any part of the Services; (d) use any automated method to access or use the Services (except that operators of public search engines are granted revocable permission to use spiders to copy publicly available materials for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (e) copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or nonautomated “scraping”; (f) use the Services to distribute unsolicited promotional or commercial content (including without limitation contests, sweepstakes, barter, advertising, and multi-level marketing) or other unwanted solicitations; (g) cause or encourage any inaccurate measurements of genuine user engagement with the Services; (h) misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; (i) sell, advertise, sponsor, or promote anything (including without limitation any activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam”) without Livabl’s prior written consent and a separate written agreement with Livabl with respect to such activities; (j) use the Services to violate any law or anyone’s rights or to distribute malware or malicious content; (k) use any language that is, or post, upload, transmit, send, or otherwise make available on or through the Services any content that is, or depicts anyone engaged in any act deemed by Us to be pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious; or (l) engage in personal or group attacks or use any language that is, or post, upload, transmit, send, or otherwise make available on or through the Services any content about an individual or a group that is deemed by Us to be abusive, intimidating, bullying, harassing, hateful, or violent or that We believe victimizes, degrades, defiles, or disparages any individual or group whether based race, gender, gender identity, religion, national origin, disability, sexual orientation, or age or otherwise.

You are solely responsible for compliance with Applicable Law related to Your use of the Services.

You must comply with all applicable import and export control laws, rules, and regulations of the United States, Canada, and other countries, and You must not transfer, by electronic transmission or otherwise, any content or goods subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person, or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send, or otherwise make available any of Your Content on or through the Services that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.

You agree, represent, warrant, covenant, and guarantee that (a) You are not located in a country that is subject to an applicable government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country; and (b) You are not listed on any U.S. or Canadian government list of prohibited or restricted parties.

Adding a Listing to the Site

By listing a property through the Listing Service, You acknowledge and agree to the Listing Terms, which are available at https://rc.livabl.com/about/listing-terms-of-service.

Customer Support

Customer support is provided by phone, email, and chat functionality through the Services. Please see the contact or about us page for more details. You may use these support resources to ask questions and to report errors or problems with the Site or Services.

Our Remedies

You acknowledge that any failure to comply with the Terms is a material breach of this agreement between You and Livabl and will cause irreparable harm and injury to Livabl, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that in the event of such breach, Livabl shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available without the requirement of posting a bond.

Warranty; Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE SITE AND THE LISTING SERVICE) AND RELIANCE ON ANY CONTENT ON THE SITE OR PROVIDED THROUGH THE SERVICES IS AT YOUR OWN RISK. LIVABL AND THE LIVABL PARTIES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND REGARDING THE SITE, THE LISTING SERVICE, ANY OTHER SERVICE, THE SOFTWARE, THE CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND LIVABL AND THE LIVABL PARTIES SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THIS SITE IS AVAILABLE, RELIABLE, ACCURATE, TIMELY OR COMPLETE, AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH CONTENT. LIVABL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OF ANY PROPERTY AS TO THE EXISTENCE, OWNERSHIP, OR CONDITION OF SUCH PROPERTY; AS TO THE LISTED AVAILABILITY, PRICE, PURCHASE TERMS, FEES, IF ANY, OR ANY OTHER INFORMATION WITH RESPECT THERETO. LIVABL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ANY AND ALL CONCERNS, DIFFERENCES, OR DISCREPANCIES REGARDING ANY LISTING MUST BE ADDRESSED WITH THE APPLICABLE OWNER, DEVELOPER, BUILDER, OR OTHER AGENT. LIVABL DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE AND ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES THAT YOU WILL PURCHASE A PROPERTY, OBTAIN AN ACCEPTABLE PRICE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR LISTING.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.

WE DO NOT REPRESENT OR WARRANT THAT FILES OR INFORMATION AVAILABLE FOR ACCESS OR DOWNLOADING FROM THE INTERNET, HYPERLINKED SITES, OUR SERVICES OR ANY FILES AND EMAILS FROM US WILL BE FREE OF VIRUSES, WORMS, MALWARE, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR DOCUMENTATION OR SERVICES.

LIVABL DOES NOT GUARANTEE THAT THIRD-PARTY CONTENT, IN THE SERVICES OR ELSEWHERE, WILL BE FREE OF ERRORS OR MATERIAL YOU MAY FIND OBJECTIONABLE OR OTHERWISE INAPPROPRIATE OR OF MALWARE OR OTHER CONTAMINANTS THAT MAY HARM YOUR COMPUTER, MOBILE DEVICE, OR ANY FILES THEREIN. LIVABL MAKES NO WARRANTIES OF ANY KIND AND ASSUMES NO LIABILITY OF ANY KIND RELATED TO YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS AND USE, ANY THIRD-PARTY CONTENT.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Limitation of Liability

LIVABL AND THE LIVABL PARTIES SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OR EXPENSES (INCLUDING WITHOUT LIMITATION LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS), RESULTING FROM OR CAUSED BY THE SITE, SERVICES OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT WE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES. THE LIMITATIONS ON OUR LIABILITY OR THE LIABILITY OF LIVABL AND THE LIVABL PARTIES TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ATS OR LIVABL OR ANY LIVABL PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF LIVABL AND THE LIVABL PARTIES FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO LIVABL. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LIVABL AND YOU. THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIVABL CREATES ANY REPRESENTATION, WARRANTY, CONDITION, OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, AND THUS SOME OR ALL EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Waivers

You understand and agree that any individual or entity that violates any term of the Terms is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar or related provision in any contract, including terms and conditions, terms of use and terms of service, asserted by such individual, entity, or any affiliate thereof, as binding upon Livabl.

BY ENTERING INTO THE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY ANY LAW APPLICABLE TO YOU, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION IN COURT OR A CLASS ARBITRATION. ALL PARTIES MUST BE INDIVIDUALLY NAMED. TO THE FULL EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN COURT ON A CLASS ACTION OR CONSOLIDATED BASIS ON BEHALF OF OTHER USERS, SUBSCRIBERS, REGISTRANTS, OR OTHER PERSONS SIMILARLY SITUATED, OR BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL).

Miscellaneous

The Terms apply to the maximum extent permitted by law. If any government authority holds that We cannot enforce a part of the Terms as written, You and We will replace such part with similar terms to the extent enforceable under the relevant law, but the rest of the Terms will remain in effect. The Terms comprise the entire agreement between You and Us regarding their respective subject matter and supersede any oral and written understandings, communications, or agreements regarding Your use of the Site and the Services or other matters described in the Terms.

The division of the Terms into sections, subsections, and separate URLs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of the Terms.

We may assign or transfer Our rights and obligations under the Terms, in whole or in part, at any time without notice. You may not assign the Terms or transfer any rights to use the Site or Services unless We allow You to do so in writing.

The failure of Livabl to insist upon or enforce strict performance of any of the provisions of the Terms or to exercise any rights or remedies will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right, or remedy in that or any other instance, all of which will remain in full force and effect.

You agree that the Terms, and Your relationship with Livabl will be governed by the Applicable Governing Law regardless of conflict-of-laws principles. However, some jurisdictions have laws that require agreements to be governed by the local laws of such jurisdiction for such Users. This paragraph does not override those laws. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to the Terms. We both agree that the prevailing party in any action to enforce the Terms will be entitled to recover costs and expenses including, without limitation, reasonable legal fees and other legal costs. Unless prohibited by Applicable Law, You hereby agree that any cause of action You may have with respect to the Site or any Service must be exclusively filed on an individual basis in the Exclusive Jurisdiction within one (1) year after the cause of action arises or else the cause is barred.

Livabl and You are not legal or joint venture partners or agents. We are independent contractors. The Terms are solely for Your and Our benefit. It is not for the benefit of any other person, except for permitted assignees and successors.

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

If You, or any of Your users, is a U.S. government entity or if the Terms otherwise become subject to the Federal Acquisition Regulations (FAR), You acknowledge that elements of the Services constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government user as commercial computer software and commercial computer software documentation subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. government end users acquire such software and documentation with only those rights set forth herein.

You acknowledge and agree that the Terms shall remain in effect for so long as you use the Site or Services, and all terms will survive to the extent required to give such terms their intended effect. You agree that the Terms can only be terminated by You once You have stopped using the Site or Services. We may prohibit You from using or accessing the Site or the Services, in whole or in part, for any or no reason, at any time, in Our sole discretion, without notice to You. We may suspend or terminate Your account for any violation of the Terms, for any activities prohibited by the Terms, for circumstances beyond Our control, or if required by law. If We do so, then Your access to and use of the Services will be suspended or terminated immediately. If You wish to terminate Your account, You may choose to cease use of the Site or Services or to send Us notification by email at info@livabl.com. If You are dissatisfied with the Site or Services, including the Terms, Your sole remedy is to discontinue using the Site or Services by ceasing to use the Site and Services.

The Terms have been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.