Last updated: December 1, 2023
Capitalized terms used but not otherwise defined in these Listing Terms of Service have the meanings set forth below:
“Applicable Governing Law” means: (i) for Listers residing in Canada, laws of the Province of British Columbia and the federal laws of Canada applicable therein; and (ii) for Listers 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 Listers residing in Canada, the Copyright Act, RSC., 1985, c. C-42; and (ii) for Listers residing in the United States, the Digital Millennium Copyright Act of 1998.
“Exclusive Jurisdiction” means: (i) for Listers residing in Canada, the courts located in the Province of British Columbia; and (ii) for Listers 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 Order” means the applicable order that You submit for each listing on the Listing Service
“Listing Service” means the Site’s listing service.
“Listing Terms” means the terms and conditions set forth herein.
“Livabl,” “We,” “Us,” or “Our” means: (i) for Listers residing in Canada, Zonda Home Canada Inc. dba “Livabl”; and (ii) for Listers 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 Lister), or third-party service providers and their respective directors, officers, employees, and agents.
“Marks” means any trademarks, service marks, and other indicia of source.
“Services” means any of Our online services (including without limitation the Listing Service) 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.
“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.
“User” means anyone accessing and/or using the Site or the Services, including You.
“User Data” means all User contact or personal information received by You through or related to the Listing Service, including, without limitation, names, phone numbers, email addresses and other contact information, financial information or other personal information provided by User to You.
“You,” “Your,” or “Lister” means anyone using the Listing Service, and if on behalf of an organization, 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.
The Listing Terms are a legally binding contract between You and Livabl that You are agreeing to by using the Listing Service. 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 Listing Service 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. By using the Site, You acknowledge and agree that You are bound by and agree to the Terms (including without limitation the General Terms of Service applicable to all Users, available at https://www.livabl.com/legal/general-terms-of-service. If You do not agree with any of the Terms, do not access the Site or register or use any of the Services.
You acknowledge and agree that the Listing 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 Listing Service 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 using the Listing Service on behalf of an organization (for example, as an account administrator), You are agreeing to the Listing Terms for that organization and are representing and warranting to Us that You have the authority to bind that organization to the Listing Terms.
Notwithstanding any provision in the Listing Terms or Listing Order or anything else, if Lister is an advertising, marketing, or other firm or agency entering into a Listing Order in relation to or for one of its underlying clients (the “Underlying Client” ), then Lister represents, warrants, and covenants that: (i) such Underlying Client has read and understands the Listing Terms, including, without limitation, the Listing Order; (ii) such Underlying Client has authorized Lister to enter into this Listing Order; (iii) such Underlying Lister is in agreement with and has accepted the Listing Terms , including, without limitation, the Listing Order; and (iv) such Underlying Client has agreed, for the benefit of Livabl, that such Underlying Client (A) will adhere to the Listing Terms and Listing Order as if it were Lister and to the fullest extent the Listing Terms and Listing Order applies to Lister or the Underlying Client, and (B) is responsible for any breach of this Listing Terms and Listing Order to the same extent as Lister (provided that this clause (iv) does not limit any liability or responsibility of Lister under this Listing Terms, including, without limitation, the Listing Order). Livabl reserves the right to notify the Underlying Client regarding any overdue and unpaid invoices. For the avoidance of doubt, the term “Lister” as used herein shall refer to both the advertising, marketing, or other firm or agency entering into this Listing Terms and Listing Order, and the Underlying Client where the context so requires.
Livabl provides the Listing Service to You to share information about Your 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 Lister, 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 You (including, as applicable, Your agents or brokers) 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 Listing Service.
We reserve the right to modify the Listing Terms at any time. We will post the most current version of the Listing Terms on the Site. Any revisions to the Listing Terms will be effective immediately upon posting by Us. For any material changes to the Listing 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 Listing Service after publication of such changes, with or without notification, constitutes binding acceptance of the revised Listing Terms.
We are constantly changing and improving the Listing Service. We may deploy changes, updates, or enhancements to the Listing Service at any time. We may also add or remove functionalities or features, or We may suspend or stop the Listing Service altogether. Livabl shall in no way be held liable for consequence which results from Our decision to modify or discontinue providing the Listing Service or any Content thereof.
By using the Listing Service to list any property on the Site (including without limitation any advertisement or other promotion of any property), You represent and warrant that: (a) the property or subdivision is eligible to be listed using the Listing Service, meaning the properties are pre construction, newly built condos, townhomes, or single-family homes and will be or currently are available for sale; (b) You own or have the right to list the property or subdivision; (c) You have the right to sell the listed property or subdivision; (d) You are willing to sell the listed properties at the price and on any other terms specified in Your listing; (e) You will not list more than one property or subdivision, as applicable, in a single listing on the Listing Service; (f) upon selling or otherwise taking Your property or subdivision off the market, You will within forty-eight (48) hours mark the listing for that property or subdivision as sold, as applicable; (g) You will not use the Listing Service to advertise or promote anything, including, without limitation, any product, service, or business, other than the unique properties offered for sale; (h) You will not use the Listing Service to advertise shared housing, time shares, sub-units, or similar properties; (i) You will not use the Listing Service or the Site for any fraudulent, false, misleading, or deceptive activity; (j) all Your Content and everything in Your listing, including without limitation, any photos or text description, is truthful, accurate, and complete and complies with all Applicable Law, including without limitation real estate licensure or brokerage regulations, and any Housing and Human Rights Laws; (k) You are solely responsible for any and all listings You add using the Listing Service, which shall be Your Content; (l) You have all the rights necessary to post Your listings using the Listing Service, including without limitation all Content contained therein, on the Site; and (m) photos You upload to the Listing Service will only show the properties listed for sale and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the property or its community.
By submitting a listing via the Listing Service, You are submitting Your Content to the Site and Your Content is licensed in accordance with the license granted in the Terms. Additionally, You grant Us the express permission to syndicate the listing and Content to affiliated or partner sites. We reserve the right, in Our sole discretion, to remove any listing or Content from the Listing Service, without notice and without liability, including without limitation any listing or Content that does not meet the requirements of these Terms, or Our policies, or if We otherwise determine or believe, in Our sole discretion, such listing or Content is inappropriate for any legal, business, technical, or other reason.
By registering for the Listing Service and submitting a Listing Order, You agree to provide 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 the Listing Service by anyone under the age of majority of Your jurisdiction is strictly prohibited and in violation of the Terms. If You are an account administrator, “Your users” include any employee, contractor, agent, or representative using the Listing Service on Your behalf. You are solely responsible for all usage of the Listing Service, or activities on the Site, by You and by those You authorize or allow to use the Listing Service 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 Listing Service and will ensure that Your users comply with Your obligations under the Terms. We may impose reasonable limits on uses of the Listing Service to prevent degradation of the performance of the Listing Service 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 Listing Service or Your account, please contact Us immediately at email@example.com. In addition, You are solely responsible to ensure that Your hardware, network, Internet connection, and other equipment meet the requirements to use the Listing Service.
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.
The Listing Service 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 or through the Listing Service, You represent, warrant, and agree that:
You further represent, warrant, and agree that any of Your Content that You upload, post, submit, transmit, or otherwise provide through the Listing Service shall not:
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 Content through the Listing Service, 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 Listing Service (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 to the extent used in connection with or related to the Listing Service. You also hereby grant Us the right to aggregate anonymous data from Your Content regarding use and functioning of the Listing Service 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 Listing Service, 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 (except that paid listings will not be removed unless Livabl believes such listings violate Applicable Law or any of the Terms), 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.
The Listing Service may require You to pay fees to Livabl with a minimum time commitment and automatic recurring monthly payments. If You elect to use paid aspects of the Listing Service, You agree to Our then-current pricing and payment terms, as may be updated from time to time. We may add new Services for additional fees and charges, or We may add or amend fees and charges for existing Services, at any time in Our sole discretion. The prices listed by sellers exclude government fees and taxes, escrow and titling or registration fees, regulatory and electronic processing charges, appraisal charges, and any other fees required by law or the applicable seller that are customary for the purchase and sale of property in the United States or Canada, as applicable, any or all of which may be added to the listed price to arrive at the final sale price of the listed property or properties within a listed subdivision. All amounts on the website are in either U.S. or Canadian dollars.
The initial term of each of Your listings will be set forth on the Listing Order, which initial term is non-cancellable, and thereafter will automatically renew each month for successive monthly periods. You agree that each of Your listings has an initial and recurring payment charge at the monthly fee set forth in the Listing Order, and You hereby accept responsibility for all such recurring charges prior to the effective date of cancellation. If You have elected to pay by credit card on the Listing Order, Your credit card will be automatically charged on the date your sign up and at the beginning of each monthly period at the monthly fee set forth on the Listing Order until you cancel the applicable listing in the manner set forth below, and You hereby agree and authorize Us to process such charges to your credit card without further authorization from you. You are responsible for and shall immediately reimburse Livabl for (if Livabl has paid same) all chargebacks, penalties and other related charges, assessments and costs asserted by any credit card company, bank, payment processor or other organization involved in the payment process.
Except as otherwise expressly set forth on the Listing Order, the payment terms with respect to any Listing Order are due upon receipt of the invoice. A 1.5% per month finance charge (or, if less, the maximum amount chargeable under applicable law) may be assessed, in Livabl’s discretion, on any invoice more than 30 days in arrears. In addition, Lister will reimburse Livabl for the cost of any and all collection and legal services utilized by Livabl to collect any amount due hereunder.
If You believe that We have invoiced You incorrectly, You must contact Us no later than 60 days after the date of the first invoice that you are disputing. If You do not contact Us within such 60-day period, then the original amount owed will be deemed final and binding, and You will be required to pay such amount without adjustment or modification. Any billing inquiries should be directed to firstname.lastname@example.org.
To cancel any one of Your listings, you may send us an email at email@example.com requesting cancellation with at least 30 days’ advance notice. The effective date of your cancellation with respect to such listing will be the date that is thirty (30) days after the cancellation request is received by no later than 5:00 p.m. Eastern Time. Your last invoice or credit card charge will reflect a prorated amount determined by the number of days left in the then-current term.
Notwithstanding anything to the contrary, in the event that We suspend or terminate Your account or any listing due to any breach of the Terms, You understand and agree that You shall receive no refund.
All payments made by You to Livabl shall be facilitated through Our third-party payment processing service and will be subject to such third party’s terms of service. All information that You provide in connection with a monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of Your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any and all applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
Violations of the Listing Terms harm the integrity, functionality, and reputation of the Site; detract from Users’ and Our customers’ trust in and use of the Site and Services; and damage Our business. Accordingly, You acknowledge and agree that Livabl incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of the Listing Terms. You agree that it is fair and reasonable for Livabl, at Our option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by Livabl 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 Livabl for violations of the Listing Terms, and You agree that such damages constitute compensation and not a penalty. You agree specifically that the availability of liquidated damages does not impact Our right to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Listing Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative.
You agree to pay USD $50,000 or CAD $70,000 per listing on the Site if Your Content contains false, fraudulent, or deceptive information (including but not limited to false or misleading property location, availability, price, descriptions, photos, or contact information).
We reserve the right, but are under no obligation and do not assume any obligation, to review listings added using the Listing Service before and/or after they are posted to the Site to confirm information relating to the listing User and to the listing and to investigate complaints and suspicious activity. If We determine, in Our sole discretion, that You are engaging in any unfair, deceptive, false, misleading, or fraudulent practices, or that Your listing violates any Applicable Law, We reserve the right to reject or immediately remove Your listing from the Site without notice and without liability, as described above.
Through the Listing Service, 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.
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.
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:
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.
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.
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.
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.
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.
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 of 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.
At this time, the Site and any services described in the Listing Terms of Service are not being made available by Livabl to residents and enterprises located in the Province of Quebec. Please do not use Livabl or sign up to acquire any services if you reside or your enterprise is located in the Province of Quebec. Any use of Livabl, delivery of the services, or fulfilment of any transactions made between such persons and Livabl are null and void.
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
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.
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 MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS TO YOU REGARDING THE LISTING SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL YOUR PROPERTY, OBTAIN AN ACCEPTABLE PRICE FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR SALE.
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.
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.
BY ENTERING INTO THE LISTING 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 LISTERS, 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).
The Listing Terms apply to the maximum extent permitted by law. If any government authority holds that We cannot enforce a part of the Listing 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 Listing Terms will remain in effect. The Listing 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 Listing Terms.
The division of the Listing 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 Listing Terms.
We may assign or transfer Our rights and obligations under the Listing Terms, in whole or in part, at any time without notice. You may not assign the Listing 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 Listing 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 Listing 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 Listing Terms. We both agree that the prevailing party in any action to enforce the Listing 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 Listing Terms are solely for Your and Our benefit. It is not for the benefit of any other person, except for permitted assignees and successors.
If You, or any of Your users, is a U.S. government entity or if the Listing 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 Listing Terms shall remain in effect for so long as you use the Listing Service, and all terms will survive to the extent required to give such terms their intended effect. You agree that the Listing Terms can only be terminated by You once You have stopped using the Listing Service and all of Your listings have been removed following the effectiveness of the cancellation date with respect to such listings. 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 Listing Terms, for any activities prohibited by the Listing Terms, for circumstances beyond Our control, or if required by law. If We do so, then Your access to and use of the Listing Service will be suspended or terminated immediately. If You wish to terminate Your account, You may choose to cease use of the Listing Service or to send Us notification by email at firstname.lastname@example.org. If You are dissatisfied with the Listing Service, including the Listing Terms, Your sole remedy is to discontinue using the Listing Service by ceasing to use the Listing Service.
The Listing 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