Savvy LaneTerms of Service
Last Updated: January, 2017
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
These Terms of Service ("Terms") apply to your access to and use of the websites and services (collectively, the "Services") of Savvy Lane ("Savvy Lane," "we," "us," or "our").
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
Savvy Lane reserves the right to modify or change the Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the "Last Updated" date at the beginning of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.
2. ELIGIBILITY; ACCOUNTS; COMMUNICATION PREFERENCES
The Services are not targeted toward or intended for use by anyone under the age of 18 or the age of legal majority under applicable law. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services and (b) have full power and authority to enter into these Terms and that in so doing, will not violate any other agreement to which you are a party.
In order to access and use certain areas or features of the Services, you will need to register for a Savvy Lane account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. SAVVY LANE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, ACCOUNT NUMBER, AND/OR PASSWORD.
By creating an account, you consent to receive electronic communications from Savvy Lane (e.g., via email or by posting notices to the Services). These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Unless otherwise indicated, all content and other materials contained on the Services, including, without limitation, our logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Materials") are the proprietary property of Savvy Lane or our licensors or users, as applicable, and are protected by U.S. and international copyright, trademark and other laws.
Unless otherwise agreed to in a writing by us, you are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Services and Materials. Such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Services or Materials, (b) distribute, publicly perform or publicly display any Materials, (c) modify or otherwise make any derivative uses of the Services or Materials, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Services or Materials, except as expressly permitted by us, and (f) use the Services or Materials other than for their intended purposes. Any use of the Services or Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Savvy Lane or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
"Savvy Lane," the Savvy Lane logo and any other Savvy Lane service names, logos or slogans that may appear on the Services are trademarks of Savvy Lane and our suppliers and our licensors and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder's prior written permission. You may not use any metatags or other "hidden text" utilizing "Savvy Lane" or any other name, trademark or product or service name of Savvy Lane without our prior written permission. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Savvy Lane and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Savvy Lane.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services, provided that such link does not portray Savvy Lane or any of our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Savvy Lane logo or other proprietary graphic of Savvy Lane to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Savvy Lane trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
Savvy Lane makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
6. THIRD PARTY CONTENT
We may display content, advertisements and promotions from third parties through the Services (collectively, "Third Party Content"). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Savvy Lane is not responsible or liable in any manner for such interactions or Third Party Content.
7. OUR SERVICES
7.1 Our Platform offers limited service for a one time flat or fixed fee, rather than the morecommon percentage fee or commission typically paid to full service brokerages. We do notprovide legal advice or handle earnest money. Once you have entered your property informationon the Savvy Lane website, we can immediately review and electronically sign your documents.All changes must be made online; handwritten changes to forms will not be accepted orrecognized. Once signed documents are returned we will then coordinate your listing to thecorrect Multiple Listing Service (“MLS”) within your area. Once Savvy Lane has executed theMLS listing no refunds can be provided as we have fully executed our services.
7.2 We provide these services only as a facilitator. As a seller you represent your ownproperty. By agreeing to these Terms you are authorizing Savvy Lane to present your contactinformation to potential buyers, agents, and our preferred vendors who are interested in yourproperty. Our services consist of entering the information you submit to the Multiple ListingService directory and other online real estate related sites. We provide broker support in theform of suggestions. All final decisions, changes, actions, and outcomes are the responsibility ofyou the seller, and must be made solely by the seller. SAVVY LANE CANNOT AND WILL NOTBE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OUR BROKER SUGGESTIONS.
7.3 Multiple Listing Service, Fair Housing Act, and Realtor code of Ethics. In order to complywith the governing bodies of the real estate industry, Savvy Lane reserves the right to makechanges to your listing information, details, and description in order to comply with those rulesand guidelines, without notification or approval from you.
7.4 All MLS listings require a buyer’s agency commission if a real estate broker assists youin finding a buyer. Sellers solely decide and set the commission offered within the Savvy Lanewebsite, which must be a minimum of 0.5%. The customary buyer’s agent commission is2.5-3% but all commissions are negotiable, we recommend that you offer a 2.5-3% commissionto the buyer’s agent. This ensures that real estate professionals from other companies will showyour property. The 2.5-3% is to be paid only if you accept an offer from a buyer with a realestate agent involved and when the property closes in escrow.
7.5 Basic package. You will be billed a one-time flat fee of $95. Your property will be listed on the local MLS and REALTOR.com® for 90 days with eight photos. No other services are included in the basic package. No broker support is provided in this package. All support will be charged at $75 an hour, minimum 1 hour. Changes to your listing are billed at $25 per account up date once listed on the MLS. There is no charge for status changes to pending, contingent, or sold. Sellers must comply with these Terms and update or notify Savvy Lane of status changes to pending, cancelled, or sold within 48 hours. We may charge sellers a surcharge not to exceed $100 for any failure to change the status and require Savvy Lane to make the necessary changes to avoid fines from the MLS.
7.6 Extended package. You will be billed a one-time flat fee of $295. Your property will be listed on the local MLS and REALTOR.com® for 6 months, with sixteen photos, one free Comparative Market Analysis (“CMA”) via email upon request. This package also includes free unlimited changes, the ability to schedule open houses if the MLS permits, the ability to add a link/URL to a 3rd party virtual tour or video of the property, and provides a 30 minutes of phone or e-mail listing broker support, after the 30 minutes is used, you will be billed at a rate of $75 every additional 30 minutes. Sellers must comply with these Terms and update or notify Savvy Lane of status changes to pending, cancelled, or sold within 48 hours.We may charge sellers a surcharge not to exceed $100 for any failure to change the status and require Savvy Lane to make the necessary changes to avoid fines from the MLS.
7.7 Full package. You will be billed a one-time flat fee of $495. Your property will be listed on the local MLS and REALTOR.com® for one year with the maximum allowed photos per MLS,one free custom yard sign with your phone number, one free post with one free flyer box where available (see section 9.1), PDF flyer generated through Savvy Lane Account, one free Comparative Market Analysis (CMA). This package also includes free unlimited changes, the ability to schedule open houses if the MLS permits, the ability to add a link/URL to a 3rd party virtual tour or video of the property, and provides a one hour phone or e-mail listing broker support, after the one hour is used, you will be billed at a rate of $75 every additional 30 minutes. Sellers must comply with these Terms and update or notify SavvyLane of status changes to pending, cancelled, or sold within 48 hours. We may charge sellers a surcharge not to exceed $100 for any failure to change the status and require Savvy Lane tomake the necessary changes to avoid fines from the MLS.
7.8 Premium package. You will be billed a one-time flat fee of $895. Your property will be listed on the local MLS and REALTOR.com® for one year with the maximum allowed photos perMLS, one free custom yard sign with your phone number, one free post with one free flyer box where available (see section 9.1), PDF flyer generated through Savvy Lane Account, unlimited Comparative Market Analysis (CMA). This package also includes free unlimited changes, the ability to schedule open houses if the MLS permits, the ability to add a link/URL to a 3rd party virtual tour or video of the property, and provides a two hours phone or e-mail listing broker support, after the one hour is used, you will be billed at a rate of $75 every additional 30 minutes. With this package you also receive a one free session of professional photography (see section 10.2), one free setup of virtual tour, and one free key box rental. Savvy Lane will waive the rental fee, typically $95, but still requires a $95 deposit to ensure its return (see section 9.2). This listing is up until sold but does expire in 12 months. If at the end of 12 months you wish to extend your listing please contact Savvy Lane and we will extend your listing by another 12 months. Sellers must comply with these Terms and update or notify Savvy Lane of status changes to pending, cancelled, or sold within 48 hours. We may charge sellers a surcharge not to exceed $100 for any failure to change the status and require Savvy Lane to make the necessary changes to avoid fines from the MLS.
7.9 When you find a buyer who is not represented by an agent, you may enlist our servicesto facilitate the process from offer to closing. We “Virtual Agent” options available to coordinatethe entire offer and closing process:
7.10 Buyers. Buyers are responsible to independently verify the accuracy and completenessof all information contained within each property advertised on the MLS and syndicated sites. Ifa buyer contacts Savvy Lane directly we retain the right to determine what level of service theyneed. Savvy Lane will then present options of service to that buyer. Our options range fromworking with the seller directly, using Savvy Lane to write the offer for a flat fee, or enlisting oneof our full service agents. The commission offered to a buyers’ agent would not vary or change ifSavvy Lane is involved. If a buyer not represented by an Agent, works with the seller directlythen the seller would avoid the commission to the buyers’ agent.
7.11 Signing Documents. After you enter your listing on Savvy Lane, you will be presentedwith forms t electronically sign. Alternatively you can print and sign the documents as well.Please verify all the information you submitted. If changes are required please sign into youraccount, make changes and a new set of documents will be automatically generated. Once youhave verified and made all necessary changes please sign the Listing Agreement, Addendum,and listing input sheets. You can digitally sign and send your documents, scan and upload themto your account, or e-mail, fax, or mail once completed. Once we receive the signed documents,photographs, and payment your property will be listed on the MLS. Documents sent in before 1:00 PM will be listed that day. If we receive your documents and photographs after 1:00 PMyour property will be posted the next business day. All other websites, includingREALTOR.com® will post your listing within 24-48 hours. Changes to an MLS listing arehandled in the same fashion. All changes to your listing must be done online to your Account,we do not accept email, phone or voicemail changes.
7.12 Changes. When you are entering your information you are not directly updating the MLS.Once changes to your Savvy Lane Account are made a change form will be e-mailed for youapproval. Once a signed version is returned to Savvy Lane we will make the changes on theMLS. Changes may take up to 24-48 hours to syndicate to third party sites. There is a $25change fee for our Basic package. Extended, Full and Premium packages include free unlimitedchanges.
7.13 Open Houses. Sellers may schedule open house dates using the Savvy Lane website.Open house dates will be added to the MLS and third party sites. Some MLS’ do not allowsellers to host an open house without a licensed agent. If your MLS has similar rules you mayrequest to have a Savvy Lane preferred agent host the open house free of charge. There is noguarantee that we can facilitate a preferred agent to host an open house for you.
7.14 Offers. WHEN DEALING WITH OFFERS ALWAYS ENLIST THE EXPERIENCE OF APROFESSIONAL. REFUSING TO USE A PROFESSIONAL CAN BE COSTLY AND SAVVYLANE WILL NOT BE LIABLE FOR ANY DAMAGES AS A RESULT. Buyers’ Agents are trainednegotiators and know how to manipulate the system to their benefit. In addition, as a seller youcan be emotionally involved and this may cloud your judgment. Once you receive and offer youhave 3 choices:
8. SYNDICATION AND ACCURACY
8.1 Syndication to other websites (Web syndication is a form of distribution in which website material is made available to multiple other sites.) Every website is different. They display information according to their own criteria. Since we don't have control over third party systems, we cannot confirm that every listing will be indexed properly. Sometimes it can be difficult to isolate your listing, but the best way is to search for unique identifiers (part of the listing subtitle, name, address, etc.), and don't forget to filter on attributes such as number of bedrooms or bathrooms on the respective third party sites. Syndication is not immediate. We send new listing info the following morning and it usually takes 12-24 hours to appear on the other sites. If you have incomplete or inaccurate information, our syndication partners may not process your listing. If you’re listing is also syndicated from another source, which may also interfere with syndication. Savvy Lane cannot control how and when your listing is displayed on other sites. As websites are constantly evolving, syndications to other sites may change at any time.
8.2 Listing on the MLS. Once your property is listed on the MLS, Savvy Lane will notify you by e-mail that your listing is now live. Be aware that technology changes daily and we make every attempt to verify the accuracy of information we provide to the MLS. With that said, we recommend that sellers immediately check third party sites for accuracy of the information entered. If you discover an error please notify us promptly so the error can be corrected. We make all attempts to accurately enter the information you provide into the multiple listing services. However, we do not guarantee error-free service. We are not responsible for any loss or damage suffered by the error. We at Savvy Lane work on maintaining our web site and services, but we are not responsible for defects that may exist within our web site or any resulting loss of profits or other damages. SAVVY LANE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY VERIFY THE INFORMATION THAT WAS SUBMITTED TO THE MLS.
9. PROPERTY SELLING TOOLS
9.1 Posts. Savvy Lane provides a free yard posts for our Full and Premium packages, or can be purchased for an additional fee, from our service providers (see section 10.3). Majority of our service areas have post installers but we cannot guarantee that every area does. If your property falls into an area where we do not have a service provider a metal stake or h-frame will be mailed to you. Savvy Lane does not provide any refund or credit if your property is in an area that does not have service providers. Post must be in the same condition and location as originally provided. Damage to post or loss will result in a surcharge not to exceed $75 to your Account.
9.2 Key Boxes. Savvy Lane will provide the MLS key box that is used in your area. They are provided for a $95 rental fee along with a $95 deposit. The rental fee is waived in our Premium $895 package. We will mail instruction for use. Majority of our service areas have MLS key boxes available, but we cannot guarantee that every area does. If your property falls into an area where we do not have a MLS key box we will provide you with a full refund. You are responsible for the return and shipping costs involved in order to fully refund the deposit. You have 14 days after the property has sold, closed, cancelled or expired to return the rental items. If not received within 14 days, lost or damaged, there will be no refund of your deposit. In order to minimize the risk of key box misuse we recommend against the use of key boxes on door handles that can be unscrewed from the outside or on other parts of the property from which the key box can be easily removed. As agents and their buyers will have access to your property you should remove all valuables or put them in a secure place. Savvy Lane is not responsible for any valuables lost or stolen during an open house or showings. SAVVY LANE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PERSONS OR PERSONAL PROPERTY.
9.3 Directional Arrows and Yard Signs. Directional arrows and yards signs are considered a one-time use item and can be recycled when you are finished with them.
9.4 Open House Signs. Open house signs are printed on a double-sided corrugated plastic with a stake and are considered a one-time use item and can be recycled when you are finished with them.
10 THIRD PARTY SERVICE PROVIDERS
10.1 Service Providers. Use of third party service providers are at your own risk. All Services are provided "as is" and "as available". Savvy Lane makes no warranties, guarantees, for services provided by third party service providers. Service providers shall use reasonable efforts to meet any performance expectations and dates specified in the order confirmation, and any such dates shall be estimates only. Savvy Lane will not issue refunds or credits for performances made by our service providers. SAVVY LANE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OUR SERVICE PROVIDERS. IT IS YOUR DUTY TO ADEQUATELY SAFEGUARD THEIR PERSONS AND PERSONAL PROPERTY.
10.2 Professional Photography. Sellers using the Premium package will receive professional photography provided by third party professional photographer. Professional photography can be ordered as an additional item with any package for $300 and will include 25 photos and a virtual tour. Savvy Lane will try to ensure reasonable work but cannot guarantee results. Savvy Lane is not responsible for the quantity and quality of the photos provided. No reshoot or reimbursement will be provided if you are not satisfied with photos provided.
10.3 Posts Installers and Vendors. Sellers using the Full and Premium package will receive a free post or can be ordered for an additional fee. Savvy Lane will provide a third party vendor to install a post on your property. Savvy Lane will try to ensure the best placement and diligence by its service providers. If you are not satisfied with post installation or location a surcharge not to exceed $45 will be charged to have the vendor move or reinstall the post. If post is damaged will on your property a surcharge not to exceed $75 will be charged to replace the service providers post.
10.4 Virtual Tour. Sellers using the Extended, Full and Premium package are welcome to include a link to a virtual tour. For our Premium package Savvy Lane will use virtual tours constructed by its photographers or construct one free virtual tour using a third party. Virtual tour vendors are subject to change at any time without notification to you. Savvy Lane will not edit or change the virtual tour once constructed. If you are not satisfied with the virtual tour they are welcome to create their own. Savvy Lane will do its best to construct a quality virtual tour but there are no refunds or credits for your dissatisfaction with the virtual tour constructed. SAVVY LANE CANNOT AND WILL NOT BE LIABLE FOR THE CONTENTS WITHIN VIRTUAL TOURS AND THE SITES THEY LINK TO. ANY DAMAGES OR LEGAL REPERCUSSIONS WILL BE YOUR SOLE RESPONSIBILITY.
10.5 Third party website placement. Savvy Lane uses third party sites to provide additional exposure for your property with our Full and Premium packages. However, third party sites do not take or require the same information that the MLS uses. This may result in errors or missing information on your listing. Some third party sites may reject your listing or have listing conflicts. Third party sites are subject to change without notice. Furthermore Savvy Lane has no control on how third party sites display or share your property information. YOU AGREE AND ACKNOWLEDGE THAT SAVVY LANE SHALL HAVE NO LIABILITY WHATSOEVER CONCERNING CLAIMS RELATED TO YOUR PROPERTY INFORMATION ON THIRD PARTY SITES.
10.6 Craigslist prohibits "posting agents" to post on behalf of others. For our Full and Premium packages, Savvy Lane will email you the Craigslist HTML code for your listing. You will need to manually create a Craigslist post and copy and paste the provided HTML code into the description box. You will need to enter some basic information first and then manually copy and paste the provided HTML code into the posting description box to get your listing onto Craigslist. Craigslist will send you an email to activate and manage your post, as usual. Hold onto this so that you can later edit/delete your post. Listing on Craigslist will be valid for one week only.
11. PAYMENTS; PENALTY CHARGES; REFUNDS; CANCELATIONS
11.1 Payments. Payments will be processed before we enter your property in the MLS or ship your listing tools. We accept Visa, Master Card and American Express. If you wish to take your property off the market, you will not be charged any cancellation fees. We only offer a renewal discount on our Full $495 package. The renewal fee is $295 and must be made before expiration. There is no discount to renew the Basic $95 or the Extended $295 packages. The Premium $895 package expires in 12 months of listing but can be renewed, upon request, free of charge for an additional 12 months.
11.2. Penalty Charges. Charges will be made to accounts without notification for failing to abide and follow these Terms. You may request Savvy Lane to order additional products and services for you and your account will be charged accordingly.
11.3 Refunds. Full refunds will only be made if your property has not been listed on the MLS or marketing materials have not been sent. After your listing is entered in the MLS or the ordered products have been shipped, there are no refunds. Once your listing is submitted to the MLS, the service you paid for is provided.
11.4 Cancelations. You may cancel your listing at any time. Login to your Savvy Lane Account and hit the cancel listing option. The proper documents will be e-mailed for your signature. Once received your property will be removed from the MLS. If you cancel your listing before we submit your listing to the MLS or cancel before the product purchases are shipped, you will receive a full refund.
12. TECHNICAL ISSUES AND BROWSER REQUIREMENTS
To ensure accuracy and the best user experience your computer and browser must meet the minimum browser and operating system requirements. Errors such as uploading photos, changes not saving, and wrong information submission is not Savvy Lane’s responsibility but that of the Customer. You will not receive any refund for technical problems with your Account, listing, or inability to make changes. FURTHERMORE, SAVVY LANE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM TECHNICAL ISSUES.
13. LEGAL CONSIDERATION
Selling and buying real estate is a very serious endeavor as such, we encourage all parties to consult an attorney. Furthermore, we encourage and support FAIR HOUSING LAW in which there are no barriers to obtaining housing based on race, color, religion, sex, handicap, marital status and national origin. You agree to hold Savvy Lane harmless from any and all claims or damages arising from you providing incomplete and/or inaccurate information to us. Savvy Lane is not responsible for the content of any off-site pages or any other sites linked to our site. Furthermore Savvy Lane is not responsible for any damages that may arise from an open house or from licensed agents showing the property, including loss or injury to persons or property. The information provided in our site are meant for Customers and potential Customers interested in buying and selling real estate and agents who represent buyers interested in buying properties. All property forms provided on our site are the copyright of the MLS and must be used by a licensed agent. Use of the information provided in our website for any other purpose is not permitted. We reserve the right at our discretion to modify our policies at any time without prior notice.
Savvy Lane uses reasonable efforts to include and use up-to-date information, we make no warranties or guarantees as to the accuracy of that information or the information within our website. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US; (B) WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN; (C) WE DO NOT REPRESENT OR WARRANT THAT CONTENT, MATERIALS OR FUNCTIONS OF THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless, Savvy Lane and our past, present and future employees, officers, directors, contractors, consultants, equityholders, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, brokers and agents (the "Savvy Lane Parties") from all Savvy Lane or third party claims of any kind, whether in tort, contract or otherwise (collectively, "Claims"), including damages to property or personal injury, that arise from or relate to:
▪ your access to or use or misuse of our Services and Materials;
▪ any Feedback you provide;
▪ your violation of these Terms;
▪ your violation of the rights of any third party; or
▪ any third party’s use or misuse of the Services provided to you.
This indemnity obligation includes paying for Savvy Lane’ attorneys’ fees and other costs of investigating and defending Claims, and the costs of enforcing the indemnity obligation.
You agree to promptly notify Savvy Lane of any third party Claims and cooperate with the Savvy Lane Parties in defending such Claims. You further agree that the Savvy Lane Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Savvy Lane.
16. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SAVVY LANE OR ANY OF THE OTHER SAVVY LANE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR MATERIALS OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SAVVY LANE, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SAVVY LANE’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SAVVY LANE AND THE SAVVY LANE PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING MATERIALS AND FUNCTIONS CONTAINED THEREIN EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: Beata Miklos
Address: 4100 194th St SW #105, Lynnwood, WA 98036
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorney's’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
18. USER CONDUCT
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
▪ Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
▪ Use or attempt to use another user’s account without authorization from such user and Savvy Lane;
▪ Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
▪ Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Services;
▪ Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
▪ Develop any third party applications that interact with the Services without our prior written consent;
▪ Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
▪ Bypass or ignore instructions contained in the robots.txt file, accessible at http://www.savvylane.com/robots.txt that controls all automated access to the Services; or
▪ Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
19. USER CONTENT
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, listings, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, "User Content"). In the event you decide to share your User Content with others through the Services or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish.
In providing us with information during the listing process, you agree to provide true, accurate, current and complete information and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your account and services at any time. You are solely responsible for all changes or omissions that occur under your account, including the accuracy and completeness of all content that you or anyone using your account make.
By using the interactive features and areas of the Services, you further agree not to create, post, share or store any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• User Content that impersonates, or misrepresents your affiliation with, any person or entity;
• User Content that references or depicts Savvy Lane or our Services but fails to disclose a material connection to us, if you have one (for example, if you are a Savvy Lane employee);
• User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
• User Content that contains any private or personal information of a third party without such third party’s consent;
• User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose Savvy Lane or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
20. RIGHTS IN USER CONTENT
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services, you hereby grant Savvy Lane a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Savvy Lane to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Savvy Lane or the Services (collectively, "Feedback"). Feedback is non-confidential and shall become the sole property of Savvy Lane. Savvy Lane shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
22. MODIFICATIONS TO THE SERVICES
Savvy Lane reserves the right to modify, change, update, remove, or discontinue, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you.
23. GOVERNING LAW AND VENUE
These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to conflict of law rules or principles. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Washington and the United States, respectively, sitting in King County, Washington.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, and to block or prevent your future access to and use of the Services.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
We do our best to provide outstanding customer service. If there is any problem, please call us directly during our normal business hours, 7-days a week, Mon-Fri 9 AM - 6 PM, Sat-Sun 10 AM - 3 PM.
4100 194th St SW #105
Lynnwood, WA 98036
Your satisfaction is our #1 priority!