(last updated August 10, 2017)
These terms of service (“Terms”) form a binding legal agreement between you and LiveSmart, Inc. dba Havenn (“Havenn,” “us,” “our” and “we”), and govern your use of our website, www.havenn.co (“Site”), our downloadable mobile app (“App”) and any of our other related services (collectively, the “Services”). You may be using our Services from a computer or mobile device and these Terms apply regardless of your means of access.
Our Services contain listing information and data from multiple listing service (MLS) data providers. You acknowledge that you are considering Havenn as your real estate agent, that you will agree to the use restrictions set forth in these Terms and that such listing information and data is subject to the intellectual property rights of the applicable MLS data provider(s).
If you enter into an agreement directly with Havenn as your real estate agent to list your home or to buy a home, your relationship will be governed separately by that agreement.
The rights granted to you in these Terms are subject to your agreement that you will not:
Sell, license, lend, rent, lease, assign, transfer, distribute or otherwise commercially exploit the Services, or any content on the Site or the App;
Modify, alter, tamper with, reverse engineer or create derivative works of any part of the Services;
Use the Services or any aspects of the Services to create a similar or competitive website, app or service;
Remove, obscure or alter any copyright, trademark or other rights notice pertaining to the Services; or
Copy, reproduce, republish, download, display, post, distribute or transmit any part of the Services in any form or by any means, except as expressly permitted by these Terms.
We reserve the right to modify, suspend or discontinue any features offered through the Services at any time, with or without notice to you. You understand and agree that we have no obligation to provide you with any support in connection with the Services.
If you are under 18 years of age, you may not use the Services.
Certain features of the Services may require the creation of a user account (“User Account”). You represent and warrant that any required registration information you provide us with in connection with your User Account is complete and accurate and that you will maintain the accuracy of such information. You may delete your User Account at any time, for any reason. We may suspend or terminate your User Account in accordance with these Terms.
You are responsible for maintaining the confidentiality of your User Account login information and for all activity occurring under your User Account. Please tell us immediately if you suspect unauthorized use of your User Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the requirements above.
In connection with the Services, you may post content or submit certain materials (i.e. listing information, photos, etc.) to be posted (“User Content”). You are solely responsible for your User Content and assume all risks associated with the use of your User Content, including any disclosure of information that personally identifies you or a third party. We have no obligation to monitor User Content and we take no responsibility and assume no liability for any User Content uploaded by you or any other user, and take no responsibility for the misappropriation or misuse of User Content by any user or third party. Notwithstanding the foregoing, we reserve the right to modify or delete User Content at any time, for any reason.
You hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, transferable right to use your User Content for any purpose, including displaying, reproducing, distributing, creating derivative works of, and otherwise using and exploiting your User Content on the Site, the App or elsewhere in connection with the Services. You irrevocably waive all claims and assertions of moral rights or attribution associated with your User Content.
You hereby agree that you will not:
Upload or submit any User Content that violates any third-party rights, including intellectual property rights and rights of publicity and privacy;
Use the Services in a way that is unlawful, threatening, harassing, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, pornographic, obscene, patently offensive, racist or bigoted or harmful to any group or individual, harmful to minors in any way, or is otherwise objectionable;
Use the Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of unsolicited messages;
Upload or transmit to the Services any computer viruses, worms, or any intentionally harmful software;
Disrupt, interfere with, or create an undue burden on our servers, networks or system resources, or otherwise attempt to disrupt the Services;
Circumvent any technical measures used to restrict access to the Services;
Use any automated process in connection with the Services (including via scraping, crawling, spiders and robots), except for search engines compiling a free, publicly available search index; or
Use the Services for any purpose other than as expressly permitted by the Terms and the information available on the Site and the App.
We reserve the right to investigate and/or take appropriate action against you in our sole discretion if we suspect you may be violating these Terms. Such action may include modifying or deleting your User Content, terminating your User Account in accordance with these Terms and/or reporting you to law enforcement.
We reserve the right to suspend or terminate your rights to access and/or use the Services at any time, for any reason, in our sole discretion. Upon such termination, your User Account and right to access and use the Services will terminate immediately, and your User Content may be deleted from our databases. We will not have any liability to you for any termination of your rights under these Terms, including for termination of your User Account and User Content.
Excluding any User Content you upload, Havenn and its suppliers retain all right, title and interest in the Services, including all underlying software, technology and processes, all content provided via the Services, all intellectual property rights, including copyrights, patents, trademarks, logos and service marks, and any developments, enhancements, modifications or derivative works of any of the foregoing. Except for the rights expressly granted in these Terms, we do not grant you any other right, title or license. Havenn does not assert right, title or interest in the information (including listings or photos) uploaded by its users, and such information is subject to the applicable copyright owner’s permission.
If you send us feedback, we may use your feedback for any purpose without attribution, accounting or compensation to you. You agree not to submit any information or ideas to us that you consider confidential.
Links to Other Websites
The Services may provide links to other websites and services that are not under our control. We are not responsible for the content of such linked websites or services, and these Terms do not apply to companies, websites or services that we do not own or control or to the actions of people that we do not employ or manage. You use all linked websites and services at your own risk. Some linked sites may charge fees for the services or features they offer, and any charges or obligations that you incur in your dealings with third parties are your responsibility. You should always check the terms of service and privacy policies of any websites you visit.
You agree to indemnify and hold Havenn, its officers, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, made by any third party arising out of or relating to your use of the Services, your User Content, your violation of these Terms or your violation of any applicable laws or regulations. Havenn reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and in such case, you agree to cooperate with our defense of such claims. This provision shall survive termination of these Terms.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. HAVENN DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. HAVENN DOES NOT PROMISE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION YOU TRANSMIT USING THE SERVICES OR THAT WE STORE WILL BE SECURE.
HAVENN MAKES NO GUARANTEES REGARDING THE RESULTS OF YOUR USE OF THE SERVICES AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OF THE INFORMATION ON THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITED WARRANTIES OR LIMITATIONS ON YOUR STATUTORY RIGHTS, THIS DISCLAIMER MAY NOT APPLY TO YOU.
Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAVENN SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, DAMAGES ARISING FROM LOSS OF INFORMATION OR DATA, BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HAVENN’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES ARISING UNDER OR RELATED TO THE SERVICES EXCEED $10. THESE LIMITS APPLY EVEN IF A STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITS ON CERTAIN LIABILITIES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
Our Services are provided from facilities located in the United States but may also be provided from servers located outside the United States. We reserve the right to process and store information both inside and outside the United States. When you use the Services, you consent to the storage and processing of all information you have provided to us (including personal information) inside and outside the United States.
We may email you about the Services, including but not limited to information about your User Account, service announcements and administrative messages. You may also receive promotional messages from us. If you no longer want to receive such email communications from us, you may follow the instructions in the emails to unsubscribe.
Havenn respects the intellectual property rights of others and expects the users of our Services to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond to claims of copyright infringement with the removal of any infringing materials and with the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
If you believe that a user of our Services is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, you must send us a written notice with the following information (pursuant to 17 U.S.C. § 512(c)):
Identification of the work(s) that you claim to have been infringed;
Identification of the material on the Services that you claim is infringing and that you request us to remove, with reasonably sufficient information for us to locate such material;
Your name, physical address, phone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
A statement that the information in your notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and
Your physical or electronic signature.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification of alleged copyright infringement automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with such notification.
If you believe we have removed material that was erroneously identified as infringing, you must send us a written counter-notice that meets the requirements of the DMCA. To find out more about the DMCA, please visit http://copyright.gov.
Please send copyright notices to:
Designated Agent: Copyright Compliance Department
Address of Agent: 11664 National Blvd Ste 449, Los Angeles, CA 90064
Telephone: (585) 260-4627
Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the State of California, excluding its choice of law principles. Except for the optional arbitration described below, the parties will resolve any disputes in the courts of Los Angeles County, California.
Excluding claims for equitable relief, if the total amount in dispute is less than $10,000.00, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed upon by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online or solely on written submissions, (b) no party or witness will make any personal appearance unless the parties agree otherwise, and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.
Whether in court or in arbitration, the initiating party must bring all claims in its individual capacity and not as a plaintiff or class member in a class action or other similar proceeding.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HAVENN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
Havenn may assign these Terms at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms, or any of your rights or obligations hereunder. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms.
Copyright and Trademark Information
Copyright © 2017 LiveSmart, Inc. dba Havenn All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are the property of Havenn or other third parties. You may not use the Marks without our prior written consent or the consent of the applicable third party.
The multiple listings information is provided by The MLS™/CLAW from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 The MLS™/CLAW. All Rights Reserved.
The information provided is for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. All properties are subject to prior sale or withdrawal. All information provided is deemed reliable but is not guaranteed accurate, and should be independently verified.
For any questions or comments, to report violations of these Terms, or to provide notices, please contact us at firstname.lastname@example.org.