1. Acceptance of Terms
1.1 Your access to and use of livlyte.com (“the Website”) and all services mentioned in Section 2 is subject to these Terms and Conditions. You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services, you fully accept the terms, conditions, and disclaimers contained herein. If you do not agree with these Terms and Conditions, you must immediately discontinue using the Services.
1.2 We reserve the right to modify or update these Terms and Conditions at any time. Your continued use of the Services after any changes have been made will be considered your acceptance of the updated Terms and Conditions. It is your responsibility to review these Terms and Conditions regularly for any changes.
1.3 LivLyte, LLC may discontinue or alter any of its products or services at any time. Terms, conditions, and eligibility requirements are subject to change, and not all products and services are available in every geographic area. Your eligibility for particular products or services is subject to LivLyte, LLC's final approval at its sole discretion. The full terms governing any products or services offered by LivLyte, LLC will be detailed in a final, written agreement between you and LivLyte, LLC.
2. The Services
“Services” refers to the Website and any associated functions provided by or through the Website, including but not limited to real estate partnership services, agent communication services, email, telephone calls, and text messaging. Unless explicitly stated otherwise, the Services are for your personal, non-commercial use only.
The Services are intended for users aged 18 or older. By registering for the Services, you confirm that you are over the age of 18 and agree not to allow persons under the age of 18 to use or access the Services.
Please read the following paragraph carefully. If you do not wish to comply, do not use the Website or register for the Services.
By filling out our contact form or creating a user account to use the Services, you provide us with express written consent to contact you via phone, email, or text message. You explicitly agree that we may contact you even if your phone number is registered with a federal or state “do not call” registry. You have the right to withdraw your consent and may opt-out of receiving phone calls by contacting us through any of the methods listed in the “Contact” section of the Website. Additionally, you may opt-out of emails by clicking the “unsubscribe” link in any email we send, and opt-out of text messages by replying to the text messages with a request to STOP. If you later re-enable any of these services, it will be considered that you have again provided us with express written consent to contact you via the re-enabled services.
3. Privacy Policy
Our Privacy Policy is incorporated into these Terms and Conditions by reference.
4. User Account, Password, and Security
To access the full functionality of the Services, you may need to create a user account. If required, you will complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password or any other security breach. We are not liable for any indirect or consequential loss or damage arising from the disclosure of your username and/or password. You may not use another person’s account without their express permission.
5. Acceptable Use
5.1 For the purposes of these Terms of Use, “Content” refers to information, text, graphics, logos, photographs, images, videos, sounds, illustrations, and other materials made available, displayed, or transmitted through the Services, including all trademarks, trade names, service marks, and domain names contained therein.
5.2 In connection with your use of the Services, including all Content you upload, send, post, email, or otherwise transmit, you represent and warrant that: (i) you are the true owner or have sufficient rights to upload the Content; (ii) the Content does not infringe on the copyrights, patents, trade secrets, trademarks, service marks, or other intellectual property rights, privacy rights, or any other proprietary rights of any third party; and (iii) the transmission of the Content does not violate any laws or breach any agreements to which you are a party. You may not post, modify, distribute, or reproduce copyrighted or proprietary materials without the prior written consent of the copyright owner.
You acknowledge that all Content, whether posted publicly or transmitted privately through the Services, is the sole responsibility of the originator. We do not control or endorse the Content and cannot guarantee its accuracy, integrity, or quality. You acknowledge that by using the Services, you may be exposed to Content that is inaccurate, offensive, or indecent. We are not liable for any Content or for any loss or damage resulting from your reliance on any Content transmitted via the Services, and you agree to bear all risks associated with its use.
5.3 In using the Services, you agree not to:
5.3.1 Post, publish, distribute, or disseminate material that is tortious, libelous, defamatory, infringing, obscene, indecent, threatening, abusive, harassing, or unlawful;
5.3.2 Threaten, abuse, disrupt, stalk, or otherwise violate the legal rights (including privacy and publicity rights) of others;
5.3.3 Upload or transmit files containing viruses, worms, trojans, or other malicious code designed to damage, destroy, or interfere with the operation of the Services or the property of others;
5.3.4 Advertise or offer to sell goods or services for any commercial purpose unless the communication facility explicitly allows such messages; or
5.3.5 Post or transmit material you do not have the right to transmit under any law or contractual relationship.
5.4 We reserve the right, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
5.5 You may not use the Services to interfere with, gain unauthorized access to, or violate the security of any network, server, computer, or other control devices, software, or data. Examples include, but are not limited to:
Unauthorized monitoring, scanning, or probing of networks or systems;
Using false or misleading identification in emails or postings;
Hacking, attacking, or circumventing security measures;
Impersonating others or deceptively obtaining personal information (phishing);
Using tools designed to compromise security, such as cracking tools or password guessing programs.
6. Termination
We reserve the right to suspend or terminate your account or access to the Services immediately and without notice if we believe you have violated these Terms and Conditions. We are not obligated to provide notice of a violation. We may also discontinue the Services at any time without prior notice, and you agree that we shall not be liable for any termination of your access to the Services.
7. Links to Third-Party Websites
The Services may include links to third-party websites controlled and maintained by others. These links do not imply endorsement, and you acknowledge that we are not responsible for the content or availability of such sites. Neither these Terms and Conditions nor our Privacy Policy govern the use of your information by third-party websites.
8. Compliance with Laws
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You also agree to comply with all local laws and rules regarding acceptable use of the Internet.
You acknowledge that the export, import, and use of certain software and technical data provided as part of the Services are subject to domestic and foreign U.S. laws, including the U.S. Export Administration Act, the U.S. Foreign Corrupt Practices Act (FCPA), and similar foreign laws. You also agree to comply with all domestic and foreign privacy laws applicable to the provision of Services, including the Electronic Communications Privacy Act, the Federal Trade Commission Act, the U.S. Patriot Act, the Children’s Online Privacy Protection Act (COPPA), and state privacy laws, including the California Online Privacy Protection Act (CalOPPA), as well as all respective federal and state regulations implementing those laws.
9. Intellectual Property Rights
9.1 The Services, the Website, and content contained therein (including but not limited to the Website design, text, graphics, and all software and source codes) are protected by copyright, trademarks, patents, and other intellectual property rights and laws. By accessing the Services, you agree to use the content solely for your personal, non-commercial use. No content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of the copyright holder. We grant you a limited, personal, non-exclusive license to copy and/or print pages from the Website or the Services for personal, non-commercial use only.
9.2 We do not claim ownership of any materials you post, upload, or submit to any publicly accessible area of the Services. However, by doing so, you grant us a world-wide, royalty-free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate, or publish such Content as long as you choose to display it via the Services. The license shall terminate when such Content is deleted from the Services.
10. Indemnity
You agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, and losses arising directly or indirectly from your breach of these Terms and Conditions or from any content you submit, post, or transmit through the Services.
11. Disclaimers and Limitation of Liability
11.1 Definitions:
“Claim” refers to any suit, claim, demand, cause of action, administrative, regulatory or judicial action, proceeding (including condemnation or appropriation proceedings), hearing, written notice, arbitration, investigation, request for information, litigation, charge, or complaint.
“Damages” includes any and all injury, damage, liability, judgment, loss, penalty, interest, cost, and expense, including reasonable attorneys’ fees and court costs incurred due to, as part of, or resulting from an asserted or threatened Claim.
11.2 Warranty Disclaimers: Use of the Services is at your own risk. Except as expressly provided in these Terms of Service, the Services are provided "as is," and we make no warranties, whether express or implied, with respect to the Services, including any and all warranties of title, merchantability, or fitness for a particular purpose or use, all of which are expressly disclaimed.
11.3 Limitation of Liability for Damages: We are not liable for any damages arising directly or indirectly from lost or altered messages, unauthorized access, theft, alteration, loss, damage, or destruction of your content, data, programs, information, network, or systems, except where such damages are the direct result of our negligence or willful misconduct.
11.4 Exclusion of Certain Damages: Notwithstanding any other provision in this agreement, we shall not be liable to you for any special, incidental, indirect, punitive, or consequential costs, liabilities, or damages, whether foreseeable or not. This includes economic loss, lost business or profits, damages arising from the use or performance of the Services, any service interruptions, or any delay, error, or loss of data or information arising out of or in connection with this agreement and a party’s performance or nonperformance of its obligations. All claims for such damages are hereby specifically waived, except to the extent that such disclaimer is not permitted by law, in which case we disclaim liability for any such costs, liabilities, or damages caused by gross negligence.
11.5 Security Disclaimer: You acknowledge that the Services are not guaranteed to be secure or free from tampering, viruses, or other security violations. Therefore, we disclaim any and all liability or responsibility for the security of the Services, whether or not you have implemented encryption, firewall protection, or any other internet security measures. You agree that the transmission or use of content via the Services is at your own risk.
11.6 Limitation on Liability for Personal Injury: Notwithstanding the above, nothing in these Terms and Conditions shall be construed to exclude or limit our liability for death or personal injury resulting from our negligence.
12. Severability
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed separate and independent from the remaining provisions, which shall continue to be valid and enforceable. The invalid or unenforceable provision shall be deemed severed and ineffective only to the extent necessary, and the remaining Terms and Conditions shall remain in full force and effect.
13. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which we maintain our headquarters, without regard to its conflict of law principles. Captions and headings are for reference purposes only and do not constitute substantive provisions. Pronouns used herein are intended to be gender-neutral and inclusive of both the singular and plural forms, as required by context. References to “Realtor” and similar terms include individuals, corporations, partnerships, limited liability companies, limited partnerships, limited liability partnerships, or other legal entities, as applicable.
