Effective Date: December 1st, 2023
These Terms of Use (“Terms of Use”) govern the relationship between (i) you, the person agreeing to these Terms of Use, on the one hand (“you” and “your”), and (ii) LKV Realty, LLC and their respective affiliates, subsidiaries, and service providers, on the other hand (collectively, “we,” “us,” and “our”). These Terms of Use shall govern and apply to the digital experience provided by us to you under the “LKV Realty” or “LKV” brands, including, without limitation the LKV Realty website (the “Website”), and the services provided by us through the Website (the “Services”), as described below. Please carefully read these Terms of Use. If you do not agree with or otherwise do not wish to accept these Terms of Use, do not access, or use the Website, Application, or the Services.
We reserve the right to amend these Terms of Use from time to time. We will notify you of the amendments through any reasonable means at our discretion, such as publication on the Website, or via email to you. The amendments will be effective on the Effective Date set forth at the beginning of these Terms of Use. Your continued access and use of the Website, Application, or Services following any such Effective Date constitutes your agreement to be bound by the updated Terms of Use. These Terms of Use include an Arbitration Agreement (as defined below). Please review the Arbitration Agreement carefully. You have the right to opt-out of the Arbitration Agreement as set forth in the Arbitration Agreement.
The Services. Subject to availability, the Services that we make available through the Website include, but shall not be limited to, the following: registering for an account (“Account”); accessing information about available properties for sale registering to be connected with a real estate agent as part of the Lakeview Home Rewards program educational content; marketing analysis; receiving information about other products and services that may be of interest to you that are offered by either us or third parties, including but not limited to credit products, consumer loan products, insurance products, rental management services, and real estate brokerage services (“Products and Services”); accessing articles and other information on real estate; and any other product or service offered by us or made available through the Website, including but not limited to redirecting you to another website that is not owned or managed by us.
Referral Fees and Other Compensation. We may receive fees or other things of value for Products and Services offered by our affiliates or third parties through the Website, or Services, except as otherwise prohibited by applicable law or regulations. You agree that any marketing or promotion of a Product or Service through the Website, or Services is not a recommendation, is not independent advice, and that you are solely responsible for researching such Product and Services, including how its terms meet or do not meet your particular facts and circumstances and the terms of any competitor products and services.
Not Professional or Legal Advice. We are not a financial, tax, real estate, or legal advisor. The Website, and Services are not a replacement for personal, professional advice or assistance regarding your finances, taxes, real estate, or legal matters. You agree that you are responsible for consulting with a financial, tax, real estate, or legal professional and you will not rely on the Website, or Services as the basis for making any financial, legal or economical decisions.
No Securities Solicitation. The information contained on the Website and Application or through the Services is not a solicitation or offer to sell securities, nor should it be used by others in connection with any sale, offer for sale or solicitation of an offer to purchase securities.
Modification or Termination of Services. The Website, or Services may be modified or terminated, in whole or in part, at any time without prior notice to you.
Termination and Suspension. We may terminate or suspend your access to the Website, or Services in whole or in part and with or without notice for any reason in our sole discretion.
Termination or suspension pursuant to this section will not affect our ability to pursue any other rights or remedies under these Terms of Use or applicable law. In our sole discretion, we may, but are not required to, notify you of the breach or reason giving rise to the right to terminate or suspend and request that you rectify the breach or reason within the period specified in the notice.
Account Registration. To be eligible to create an Account, you must be a U.S. resident and be at least 18 years of age, or the age of majority in your jurisdiction if greater than 18 years of age. In order to create an Account, you may be required to provide us with certain contact, identifying, and other information. We may also request additional information from you at any time for you to continue to access and use the Services.
Transaction Authorizations. If you conduct transactions or conduct Account activity through the Services, you authorize us and any third-party to act on any instructions received via the Website, Application, or otherwise through your Account. You are responsible for the transactions or Account conduct of anyone you let use or have access to your Account, even if you did not authorize the transaction or conduct.
Updating Account Information. You must promptly update your Account information if any of the information that you provided to us in connection with your Account registration changes.
Your Conduct. You agree not to submit, transmit, or post any Submission (defined below), materials, or emails through the Website or otherwise to Us or others that (i) are inaccurate, offensive, obscene, indecent, objectionable, threating, harassing, abusive, or defamatory; (ii) contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, disrupt, or limit the operation or functionality of the Website, Application, or any of Our systems or any server connected to the Website or Application; (iii) that may infringe, or does infringe, on our intellectual property or the intellectual property of others; or (iv) otherwise violate any applicable laws or regulations. We shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
Representations and Warranties. By using the Website, or Services, you represent and warrant:
You are a U.S. resident and you are at least 18 years of age, or the age of majority in your jurisdiction if greater than 18 years of age;
You agree to and will abide by all of the terms and conditions of these Terms of Use, and you agree that these Terms of Use are a legally binding written contract; All information you provide in connection with the Website, or Services will be truthful and accurate;You will provide any information we reasonably request from you;
You will not access the Website, or Services from a country that is subject to sanctions issued by the government of the United States;
You are not included on any list of Specially Designated Nationals, blocked, prohibited, or restricted persons by the government of the United States;
You will not attempt to disrupt the normal operation of the Website, or Services, or any infrastructure operated by us or any of our other business activities;
You will only use the Website, and Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party;
You will not use the Website, and Services, or any part thereof, to build or otherwise act in furtherance of any software, product, service, technology, or offering that is competitive, in any respect, with the Services or any products or services available through the Website;
You will not engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
You will not attempt to gain unauthorized access to the Website, or the Services or otherwise jeopardize the security of the Website, or the Services, your account, the account of any other user, any computer network, or any security encryption code;
You will not post or submit any Submission (defined below) that: (i) is inaccurate, offensive, obscene, indecent, objectionable, threating, harassing, abusive, or defamatory; (ii) contains sensitive personal information, such as Social Security Numbers, credit card numbers, or financial accounts numbers; (iii) promotes products, services, or forums of third parties; or (iv) that may infringe, or does infringe, on our intellectual property or the intellectual property of others; and
You will not use the Website, or the Services in connection with the actual or attempted contravention of any applicable laws or regulations.
Account Password & Universal Login. You are responsible for protecting the confidentiality of your Account password. If you suspect that there has been unauthorized access to your Account or the security of your Account has been compromised, you must notify us immediately and change your Account password. If you open multiple Accounts, you understand that the same login and Account password may be used to access all such Accounts.
Our Privacy Policy and Privacy Notice, available below, are incorporated herein by reference. Please read our Privacy Policy and Privacy Notice carefully. You acknowledge, agree and consent to the terms of our Privacy Policy and Notice by your use of the Website, or Services. Additional Privacy information regarding your relationship with Lakeview is available on Lakeview.com.
Limited License. We grant you a limited, non-exclusive, revocable, non-transferable, and non-assignable license to use the Website and use application available through the Website for your own use on a mobile device or computer owned or otherwise controlled by you strictly in accordance with these Terms of Use and any other agreement you have with us. You acknowledge and agree that the Website, or any application available through the Website is provided under license, and not sold, to you. You do not acquire any ownership interest in the Website, or any application available through the Website under these Terms of Use, or any other rights other than to use the Website, or any application available through the Website in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use.
Ownership. We own and retain all rights, title, and interest in and to the Website and its respective features, functionality and entire contents, including without limitation, text, data, articles, design, source code, software, photos, images, graphics, user interfaces, trademarks, logos, sound, video, general “look and feel,” and other information as well as any part thereof or any updates and the design, structure, selection, coordination, expression and arrangement of any of the foregoing, and any and all present and future intellectual and industrial property rights anywhere in the world including copyright, know-how, designs, trade secrets, patents and trademarks, and any application or right to apply for registration of those rights (“Intellectual Property Rights”) therein and thereto (collectively, the “Content”). You acknowledge that the Website, and Content are protected by United States and international trademark, copyright, patent, trade secret and other intellectual property or proprietary rights laws. You will not at any time, including after any termination or expiration of these Terms of Use, undertake or permit a third party to undertake any act which infringes, misappropriate, or attempts to infringe or misappropriate those Intellectual Property Rights and, without limiting the generality of the foregoing, you specifically acknowledge that you must not copy the Website, or Content, in whole or in part, except as otherwise expressly authorized in these Terms of Use. Except as explicitly provided herein, nothing in these Terms of Use shall be construed as conferring any transfer, conveyance or license to any Intellectual Property Rights of us or our licensors, whether by estoppel, implication or otherwise. All rights not expressly granted in these Terms of Use are reserved by us.
Limited Rights. You are only authorized to view, use, copy for your records and download small portions of the Content on the Website, or output thereof for your informational, non-commercial, individual use, provided that you leave all copyright notices and any other proprietary notices intact.
Restrictions. Your access to and use of the Website are subject to the following restrictions:
Other than as expressly provided in these Terms of Use or otherwise permitted by law, you must not use, copy, display, download, store, reproduce, republish, publicly display, distribute, post, transmit, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works based on the Website, or the Content, or any part thereof, without our advance written permission.
You may not access, retrieve any data from, or otherwise perform any other activities on or through the Website using any type of software or other automated process or artificial intelligence (including without limitation scripts, robots, scrapers, crawlers, or spiders).
The commercial use, reproduction, transmission, or distribution of any Content, information, software, or other material available through the Website without our prior written consent is strictly prohibited.
Any use of the Website, or Content other than as specifically authorized herein, without our prior written permission is strictly prohibited, and any such use will immediately terminate all rights granted to you herein.
The limited rights made available by us to you are revocable by us at any time without notice and with or without cause.
Trademarks. All product names, our company names, our logos and all related names, logos, product and service names, whether or not appearing in large print or with the trademark symbol (the “Marks”), are our trademarks or those of our licensors, unless otherwise noted. The use or misuse of the Marks, except as expressly permitted herein, is expressly prohibited and may be in violation of trademark law, copyright law and other proprietary and intellectual property rights. You must not use such Marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website and Application are the trademarks of their respective owners.
Your Content. Any comments, questions, suggestions, reviews, ideas, concepts, know-how, techniques, discussions, photos, video, images, data, or the like (“Submissions”) in any communications or other material that you send us through the internet, post on the Website, post on any other website provided by us, send to us by electronic mail, or otherwise make available to us will be deemed non-confidential, and we shall have no obligation of any kind with respect to such Submissions.
By contributing Submissions, you represent and warrant that you own all intellectual property in and to those Submissions. You must not upload or contribute any Submissions not either originally created by you or properly licensed to you by someone else for uploading or contributing.
We will be free to use any Submissions for any purpose whatsoever, including but not limited to developing and marketing products and services. You grant us and other users of our Services a non-exclusive, unrestricted, perpetual, irrevocable, transferable, assignable, sub-licensable, royalty-free license to publish, host, store, transfer, distribute, modify, create derivative and collective works from, reproduce, display, perform, transmit, process, or otherwise use, in any manner and for any purpose, and in all forms or distribution methods now known or later developed, your Submissions, in whole or in part, without any obligation to you. This license includes the right to use your name, persona, username, and likeness without compensating you. Nothing contained herein shall be construed as limiting our responsibilities and obligations under our Privacy Policy and Privacy Notice.
We may, but are not obligated to, review, monitor, edit, control, distribute, refuse to distribute, block access, re-format, alter, delete, or remove Submissions from our Website for any reason. We also reserve the right to block or otherwise prohibit any individual from the ability to provide or post Submissions for any reason.
Feedback. You grant us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Website, and Services any suggestions, enhancement requests, recommendations or other feedback provided by you.
Content from Other Users. We do not endorse, represent, or guarantee the completeness, accuracy, reliability, or usefulness of any Submissions on the Website You may see Submissions that may be inaccurate, offensive, indecent, or objectionable.
Copyright Complaints. If you believe that any material on the Website or infringes upon any copyright which you own or control, you may send a written notification of such infringement to hello@lkvrealty.com
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
No Warranties. THE WEBSITE, AND ALL OF THEIR CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. We, our business partners, providers, or our and their respective officers, directors, employees, agents, partners, independent contractors, or licensors (collectively, the “Lakeview Parties”) assume no responsibility for consequences from the use of the information herein, or in any respect for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others. WE ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF USE, REFERENCE OR RELIANCE ON SUCH INFORMATION.
Additionally, there are no warranties as to the results of your use of the Content. The Lakeview Parties do not warrant that the Website is free of viruses, malware or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Use.
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW OR REGULATIONS, IN NO EVENT WILL THE LAKEVIEW PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ANY LOST PROFITS, OR ANY LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, APPLICATION, SOFTWARE, OR SERVICES, EVEN IF THE LAKEVIEW PARTIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent permitted by applicable law and regulations, and without limitation, the Lakeview Parties are not liable for any claims or losses arising directly or indirectly from:
a failure to provide the Website, or Service, or any part thereof;
corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, the Website, or any Service;
any suspension the Website, or Service, or any part thereof; or
any use of the Website, or Services by other users, including any use of the Website, or Services by other users in manner which contravenes these Terms of Use.
Indemnification. You agree to indemnify and hold the Lakeview Parties harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Website, or Services (including any Submissions), any violation of these Terms of Use, any violation of law, or violation of the rights of any third party.
Online Security is Limited. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information and keep your information confidential, we do not warrant and cannot ensure the security of any information transmitted to it by you. Accordingly, any information transmitted to us via the internet or email is transmitted at the risk of the sender.
Users must take their own precautions to ensure that the process they employ for accessing the Website, or Services does not expose them to the risk of viruses, malicious computer code, or other forms of interference which may damage their computer or mobile device. We are not responsible for any viruses, malicious computer code, or other forms of interference experienced by you when accessing the Website, or Services.
Third Party Services. You may be required to use certain third-party services in order to obtain, access, or use the Website, or Services. Your use of third-party services may be subject to fees and separate terms and conditions, and you acknowledge that We are not liable for the activities of, or fees owed to any such third parties. You must comply with any applicable third-party terms of agreement when using the Website, or Services. You are responsible for ensuring that your use of the Website, or Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
Links to Third-Party Websites. The Website may contain links (including via advertisements) to third-party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third-party content or services may be subject to separate terms and conditions.
At certain places the Website and Application may contain live “links” (including via advertisements) to Internet addresses can be accessed (“Linked Websites”). Such Linked Websites contain information created, published, maintained, or otherwise posted by independent third parties. We do not endorse, approve, certify, or control these Linked Websites and do not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information that they contain. Use of Linked Websites is voluntary and should only be undertaken after an independent review of the accuracy, completeness, efficacy, and timeliness of information contained therein. In addition, it is your responsibility to take precautions to ensure that material selected from such Linked Websites is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. We are not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such Linked Websites, or reference to or reliance on information contained therein.
No Liability for Submissions. We are not liable for Submissions posted on our Website and you waive any legal or equitable right or remedy you may have against us with respect to Submissions.
Disputes. That certain Arbitration Agreement, that you have agreed to in connection with your agreement to these Terms of Use (the “Arbitration Agreement”) is hereby incorporated into these Terms of Use by reference. Any Claim (as such term is defined in the Arbitration Agreement) shall be subject to the terms of the Arbitration Agreement unless you opt-out of the Arbitration Agreement.
Other Agreements. Your use of the Website, or the Services may be subject to other agreements or authorizations with Us, a third-party originating bank, or another third party that is the issuer or provider of a product or service through our platform. To the extent of any inconsistency between these Terms of Use and other agreements or authorizations you have with Us, a relevant third-party originating bank, or a relevant third-party provider, these Terms of Use shall control to the fullest extent permitted by law.
Survival. These Terms of Use shall survive termination of your ability to access the Website, or Services.
Assignment. You may not assign, novate, or otherwise transfer any of your rights or obligations under these Terms of Use without our prior written consent, which shall be at our sole discretion. We may assign, novate, or otherwise transfer any of its rights or obligations under these Terms of Use at its sole discretion without written notice to you.
Waiver. Our failure or delay in enforcing any of your obligations, or exercising a right or remedy, does not amount to a waiver of that obligation, right or remedy. Additionally, if We waive a particular obligation in one circumstance, it does not prevent us from subsequently requiring compliance with the obligation on other occasions.
Severability. Except as otherwise provided in the Arbitration Agreement, if any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect.
Governing Law. By accessing or using the Website, or Services, you have directed your system to a computer located in the State of Florida. You agree that to the degree not preempted by federal law, including the FAA, the laws of the State of Florida will govern these Terms of Use without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. If you receive or enter into a contract for a Product or Service, the terms of that contract may be governed by the laws of a different state, pursuant to the terms of that contract.
Further Assurances. You agree that you will, at your own expense, do all things and execute all further documents necessary to give full effect to these Terms of Use.
Entire Agreement and Reservation of Rights. These Terms of Use constitutes the entire agreement between you and us with respect to the Website, and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Us with respect to the Website, or Services. Any rights not expressly granted herein are reserved.
Contacting Us. In the event that you need to contact us about these Terms of Use, please contact us via email at hello@lkvrealty.com