By clicking a registration or new account submission button, or by otherwise using Klaviss Technologies Corp., a Delaware corporation, and/or its affiliated companies (collectively, “Klaviss”, “us”, “we” or “our”), , websites, networks, mobile applications, or other services provided by Klaviss (collectively, the “Services”), or accessing any content provided by us through the Services, you agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”).
1. Klaviss’ Role
Klaviss, and the Services, may assist you in performing the various tasks in a real estate transaction. However, unless explicitly specified by the terms of use for a particular Service (each a “Product’s Terms”), the Services are not intended to provide you with any financial, real estate, legal, tax, accounting, or related advice of any kind. You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, Klaviss may serve advertisements based on the information we collect through the Services. See the Privacy Policy for more details.
Unless provided for in your Product’s Terms, Klaviss, nor any of its members, shareholders, officers, or affiliates assume any responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services.
You acknowledge and agree that Klaviss is not engaged in rendering legal, tax, accounting, or other professional services. If legal, tax, accounting, or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.
2. Klaviss’ Brands and Businesses
We may operate affiliated brands, any use of any of the Services provided by such affiliated brands is subject to these Terms of Use. Services offered by each of these companies may be subject to a Product’s Terms or additional terms of use as available on their respective websites, networks, mobile applications, or otherwise.
This is to give you notice of business relationships among the affiliated providers. Certain companies are affiliated companies and each may refer to you the services of another. Such companies may be each indirectly wholly owned by Klaviss Technologies Corp. through one or more subsidiaries. Because of these relationships, any referrals of you by Klaviss may provide the referred company, its direct or indirect parent, and their respective employees with financial or other benefits.
3. Eligibility; Accounts and Registration
You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services, and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account and agree to a Product’s Terms, to the extent applicable to that service, which may be incorporated herein or available on a separate Klaviss site. When you register for an account, you will be asked to provide us with some information about yourself, such as your email address, phone number, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf.
By creating an account for any of the Services, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email, text, or call we send.
4. Use of the Services; Restrictions
As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App (as defined in Section 4(B) below) on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise. The Services may include software for use in connection with the Services.
To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open-source software included in an App is subject to the applicable open-source license and may be available directly from the creator under an open-source license. These Terms of Use do not apply to your use of software obtained from a third party source under an open-source license.
Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal use or Pro Use to view, save, print, fax, and/or e-mail such information. You are prohibited from displaying any Klaviss data without our prior written approval.
Your use of the Website and Services may be provided in connection with an agreement entered into between Klaviss and a third party, such as a real estate brokerage, agency, or other business that you have a business relationship or agreement with (each a “Klaviss Client”). You acknowledge and agree that Klaviss and Klaviss Client: (a) may have access to your use of the Services and your data; (b) may have the right to create, monitor, and control your user logins, passwords, and accounts and your access or denial, suspension or termination of access to the website or Services; and (c) you hereby consent and authorize Klaviss and Klaviss Client to have all such rights and access as set forth in this section including but not limited to the right to verify your eligibility to use the website or any Service, including any required Multiple Listing Service (“MLS”) or Realtor® association membership(s). When you provide your membership or National REALTOR® Database System number to access certain content provided by a Klaviss Client, you authorize Klaviss to provide that information to required third parties, such as Klaviss Client, MLS, or Realtor® associations. We will transmit your information to the required third parties, such as Klaviss Client, MLS, or Realtor® associations to verify your eligibility to receive the requested materials and access. Klaviss has no liability for or relating to any disputes between you and any Klaviss Client or for Klaviss and Klaviss Client’s access or use of your Services or your data. Klaviss may maintain, correct, and modify, and may upgrade and/or update the Website or Services at any time at its discretion with or without notice to you.
Your Services may include products that allow for the collection and storage of electronic signatures on your documents (“Electronic Signature Products”). You are solely responsible for determining whether the use of an electronic record or electronic signature complies or does not comply with any and all laws, rules, and regulations and your state’s or province’s laws and regulations pertaining to the use of electronic records and electronic signatures in the real estate industry. Klaviss shall not be responsible or liable for, and you are solely responsible for, determining whether any person must be provided with a disclosure required by law to be in writing, whether the delivery of an electronic record satisfies such law, and for providing such disclosure to the consumer. We make no representations or warranties that the consumer disclosures in any Electronic Signature Product, including by not limited to DocuSign or HelloSign, are appropriate for or provide all of the disclosures as required for your particular transaction. If you are unsure whether your electronic record or electronic signature complies or does not comply with relevant law, please seek legal advice.
Klaviss provides a Klaviss Client or you with the ability to allow you to auto-fill/complete and/or manually input text in certain data fields of a Custom Form, Third Party Form, or document without viewing the entire text of the Custom Form, Third Party Form, or document being completed (a “Data Fill Feature”), you acknowledge that you should review the Custom Form, Third Party Form and/or document in its entirety with all text and data revealed before you send, use, or rely on the Custom Form, Third Party Form and/or document or any text you automatically or manually fill in the Custom Form, Third Party Form and/or document using the Data Fill Feature. You agree that Klaviss has no responsibility or liability whatsoever that might result from your use of a Data Fill Feature.
Klaviss may provide a Klaviss Client or you with access to its software technology that is used to prepare and send Custom Forms and/or Third Party Forms (“Klaviss Forms”), which may include the ability to access, populate, electronically sign, print and save Custom Forms and/or Third Party Forms.
Klaviss may at its sole discretion offer services to convert or digitize real estate forms owned or licensed by you (“Custom Forms”) into electronic format for use within the Services (“Custom Conversion”). If you utilize this Custom Conversion Service, you grant Klaviss a non-exclusive, worldwide, royalty-free, perpetual sub-licensable license and right to host, digitize, use, process, reproduce, display and transmit: (a) Custom Forms; and (b) your name, trademark(s) and logo(s) (“Marks”), in connection with the Custom Conversion. You agree and acknowledge that you are solely responsible for the content, legality and suitability of your Custom Forms as well as the Custom Conversion. Furthermore, you represent and warrant that (a) your Custom Forms comply with all applicable laws and are suitable for their intended use; (b) you own all right, title and interest in and to, and have the right to license in accordance with the terms of the applicable Sales Order or Klaviss Client agreement/subscription agreement, your Custom Forms and your Marks; and (c) neither your Custom Forms nor your Marks infringe upon the intellectual property rights of any third party. Klaviss makes no representations, warranties or guarantees whatsoever regarding the use, content, legality or sufficiency of such Custom Forms, or that the Custom Forms are the most accurate or up-to-date versions.
Klaviss may at its sole discretion offer you the Klaviss Forms service which contains real estate forms and other forms that are owned and/or licensed by third-parties, such as multiple listing service(s), REALTOR® associations, company or brokerage mandated forms, or other forms provided by third-parties (“Third Party Forms”). Third Party Forms are licensed to Klaviss by third parties. Some Third Party arrangements require that this Agreement contain specific provisions, which are incorporated hereto and made a part of this Agreement. Access to some Third Party Forms is limited and available only to individuals who are members or have permission from that specific Third Party (“Authorized Forms User”). Klaviss will need to obtain specific information from you and verify you are a permitted Authorized Forms User prior to access being granted. You acknowledge and agree that Klaviss shall have no obligation to provide you with access to or use of Third Party Forms if you are not an Authorized Forms User and/or after the license agreement between Klaviss and the applicable Third Party Forms licensor terminates for any reason. You acknowledge and agree that Klaviss may on instruction from Third Party Resources, from time to time and at any time, without notice, update, change or amend the Third Party Forms (including discontinuing publication of the Third Party Forms in whole or in part). Once a Third Party Form has been updated or amended you shall discontinue use of any previous version of such Third Party Form and use only the updated Third Party Form. You further acknowledge and understand that once Klaviss’s license to use Third Party Forms terminates for any reason, you will no longer be able to access Third Party Forms in the applicable Klaviss Forms library.
Third Party Forms printed or exported from Klaviss Forms may identify the Authorized Forms User’s name, licensed information, and/or company information on or within the Third Party Forms. You must use the correct name, license information, and company information within Klaviss Forms and it shall be considered a material breach of this Agreement to use anyone else’s name or include a false company name, license information, and/or address within Klaviss Forms.
While the owner/licensor of Third Party Forms may provide warranties and representations for some or all of its Third Party Forms, such warranties and representations, if any, are of the owner or licensor and not Klaviss. Klaviss makes no representations, warranties or guarantees whatsoever regarding the use, content, legality or sufficiency of such Third Party Forms, or that the Third Party Forms are the most accurate or up-to-date version of such forms. All right, title, and interest in and to the Third Party Forms belong solely to such third party and/or its licensors, as applicable.
We grant you the right to use Klaviss Forms to export Custom Forms and/or Third Party Forms to .pdf format. The export of the Custom Forms and/or Third Party Forms will result in the creation of a .pdf file. We shall not be responsible for providing you with the applicable software to open, view, or otherwise use the .pdf file. Custom Forms and/or Third Party Forms exported from Klaviss Forms to .pdf format may not be altered, manipulated, or changed in any way, including but not limited to, altering the form text or data, “unlocking” or otherwise opening or attempting to open or bypass the security/password protection of a .pdf form, making a derivative work(s), adding any data, text, graphics or software into or on top of a form, converting the Custom Forms and/or Third Party Forms from .pdf format to a different file format, removing copyright dates and/or symbols, and removing company-specific information which is embedded in the form, unless expressly permitted by the copyright holder of the Custom Forms and/or Third Party Forms. Any violation of this section shall be deemed a material breach of this Agreement and may result in a violation of law and civil and/or criminal penalties. Certain fonts in your computer’s operating system/software may be missing or corrupt due to no fault of Klaviss Forms, which may result in formatting, saving, printing, and e-mailing problems or other errors in your .pdf documents. You agree that Klaviss has no responsibility or liability whatsoever for any damages which might result from such errors in your .pdf documents or any of the Custom Forms and/or Third Party Forms.
Klaviss Forms software is intended to be used as an electronic forms-filling software program. Unless permitted by the copyright holder of the forms, you may not use Klaviss Forms to (a) print out, reproduce or display in any manner, blank or partially blank pages or copies of the Custom Forms and/or Third Party Forms contained within Klaviss Forms (i.e. forms with partial or no text-filled into the fillable portion of the forms) in any way or in any file format, including blank .pdf or HTML versions of the forms; (b) enter nominal characters, placeholders or other characters that do not in good faith constitute real estate transaction information to enable the printing of blank Custom Forms and/or Third Party Forms; or (c) print out blank or essentially blank forms and manually insert information on the hard copies of Custom Forms and/or Third Party Forms. Such actions may constitute a copyright violation of the copyright owner’s forms, may result in a violation of law and civil and/or criminal penalties, and, in addition to any other remedies, may result in the termination of this Agreement by Klaviss.
Klaviss shall not be responsible for, and you are solely responsible for, determining whether you have any retention obligations for any documents, information, or materials contained within Klaviss Forms and whether your use of Klaviss Forms to store documents, information or materials complies or does not comply with any and all laws, rules, and regulations relating to retention or audit of records, including, but not limited to your state’s or province’s laws and regulations pertaining to retention or audit of records and the real estate industry. Klaviss makes no representations or warranties that Klaviss Forms or any of the Services provided are appropriate for any retention or audit obligations that may be required for your particular transaction. If you are unsure whether your use of Klaviss Forms or any other Services provided to store documents, information or other materials complies or does not comply with relevant law, please consult an appropriate professional, such as an attorney.
Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures, or other interruptions; and Klaviss shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time, on a service-wide basis: (a) for scheduled downtime – currently scheduled between midnight and 6:00 a.m. Pacific Time – to permit Klaviss to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attacks on the Services or other event that Klaviss determines, in our sole discretion, may create a risk to the applicable Service, to you or to any of our Klaviss Clients or customers, if the Services were not suspended; and (c) in the event that Klaviss determines that it is necessary or prudent to do so for legal or regulatory reasons ((a), (b), (c) collectively referred to as, “Permitted Service Suspensions”) Klaviss shall have no liability as a result of a Permitted Service Suspension. To the extent that Klaviss is able, Klaviss will endeavor to provide you with notice of any Permitted Service Suspension in accordance with this Agreement and to post updates on the Services regarding resumption of Services following any such Permitted Service Suspension but shall have no liability for the manner in which Klaviss may do so or if Klaviss fails to do so.
You agree that Klaviss has no responsibility or liability whatsoever for the deletion, corruption, or failure to store any transaction, template, clause, content, form, or document maintained by Klaviss or maintained or utilized in the Klaviss platform, including but not limited to Third-Party and Custom Forms. If Klaviss wishes to save transaction documents, Klaviss should export the documents to another location, such as saving the documents on Klaviss’s computer or some other external storage medium.
The website and Services may contain links to third-party websites, advertisers, services, listings, special offers, or other events or activities that are not owned or controlled by Klaviss. Klaviss does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If Klaviss accesses a third party website from the website or Services, Klaviss does so at Klaviss’s own risk, and Klaviss understands that these Terms of Use and our Privacy Policy do not apply to Klaviss’s use of such sites or third parties. You expressly release, waive, relieve and hold harmless Klaviss from any and all liability arising from Klaviss’s use of any third-party website, service, or content. Additionally, Klaviss dealings with or participation in promotions of advertisers found on the website, including payment and delivery of goods, and any other terms (such as warranties) are solely between Klaviss and such advertisers. You agree that Klaviss shall not be responsible for any loss or damage of any sort relating to Klaviss’s dealings with such advertisers or other third parties.
You must provide true, accurate, and current information, maintain and update this information and ensure that it remains true, accurate, and current. You consent to receive personalized emails, telephone calls, and other communications, including text or SMS messages, from Klaviss. Communications may be made by automated means, including an auto-dialer. Text and data rates may apply. You agree to, at all times, comply with all applicable laws, regulations, restrictions, and rules in connection with accessing and using the Website and Services, including all laws, regulations, restrictions, and rules involving private data and applicable export controls. In particular, Klaviss will not use this site or the Services in any country in any manner prohibited by the United States Export Administration Act or any other export laws, regulations, restrictions, and rules. You represent and warrant that Klaviss is not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, and North Korea) and that Klaviss are not otherwise prohibited from using the website or the Services in any manner under any export laws, regulations, restrictions, and rules. You will not use the website or Services for any illegal purpose or in violation of any law or regulation, or to transmit, receive, download, upload or solicit: (a) any of Klaviss Data or other materials which may violate any copyright, trade secret, trademark, service mark or any other intellectual property rights or rights of privacy or publicity of any person or entity; (b) any of Klaviss data or other materials containing any destructive or interfering programs, applications, or instructions; or (c) any of Klaviss data or other materials which may subject Klaviss or Klaviss to civil or criminal liability. You agree to abide by all copyright and other restrictions placed on any data, information, or content available via the Services including any material or data compilations where Klaviss or others hold the copyright or other intellectual property or proprietary rights.
5. Prohibited Use
By using the Services, you agree not to:
- Reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services;
- Provide, post, or authorize a link to any of the Services (including but not limited to an agent profile page) from a third party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
- Remove or modify any copyright or other intellectual property notices that appear in the Services;
- Use the Services in any way that is unlawful, or harms Klaviss, its service providers, suppliers, affiliates, or any other user;
- Use the Services in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes;
- Distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;
- Impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
- Reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by us for a particular portion of the Services;
- Upload invalid data, viruses, worms, or other software agents to the Services;
- Post, reproduce, publicly display, or otherwise make accessible any content, that we, in our sole judgment and discretion, consider illegal, offensive, or objectionable including without limitation content that harasses, discriminates, demeans, threatens, or disparages any individual or class of individuals;
- Interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
- Conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Services;
- Use any of Klaviss’ trademarks as part of your screen name or email address on the Services; and
- Access or use any of the Services to develop competitive products or services; or attempt to, or permit or encourage any third party to, do any of the above.
6. Fees
You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you with advance notice of any increase before it applies. Unless otherwise stated in your Product’s Terms, you may cancel a Subscription Service through the settings page in your account or by contacting us at hello@klaviss.com. Except when required by law, paid Subscription Service fees are non-refundable.
7. User Materials
Certain portions of the Services may allow users to upload or otherwise provide Klaviss with images, photos, video, data, text, listings, agreements, disclosures, reports, and other content (“User Materials”). Absent any additional terms provided in your Product’s Terms, by uploading or otherwise providing User Materials to the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your User Materials or exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Klaviss and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.
We are under no obligation to edit or control your User Materials or the User Materials of any other user and will not be in any way responsible or liable for any User Materials. We may, however, at any time and without prior notice, screen, remove, edit, or block any user content on the Services, including User Materials, that in our sole judgment violates these Terms of Use or we find otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, misleading, offensive, indecent, or objectionable. You agree to waive and do waive any legal or equitable right or remedy you may have against us with respect to User Materials. We expressly disclaim any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove those User Materials, which we reserve the right to do at any time and without notice.
8. Third Parties; Linked Services; Sent Information
The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third Party Provider”). Third Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying. We do not endorse and take no responsibility for such products, services, websites, and materials, or a Third Party Provider’s use of your User Information. By using a tool that allows User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third Party Provider in processing a contact or other request form. We are not responsible for any damage or costs of any type arising out of or in any way connected with your dealings with these third parties.
(i) Referrals and Lead Sales
As part of the Services, you may be connected with a real estate professional. You authorize us to make such a referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such a connection. As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other real estate or settlement services. In the event that any of these parties have an affiliated relationship with Klaviss, then Klaviss may receive financial or other benefits from the referral between such affiliates.
(ii) Non-Affiliated Financial Products
If you choose to contact a non-affiliated bank, mortgage lender, financial institution, mortgage loan originator, loan broker, or other mortgages professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third Party Provider (including requests for mortgage rate quotes) on the Services, you authorize Klaviss, in particular, to provide the information you submit to the Third Party Provider. If you include your name, contact information, and other information in a request, your identity will no longer be anonymous to the Third Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. In the case of non-affiliated financial products, Klaviss is only providing an administrative service to consumers and participating Third Party Providers. Loan approval standards are established and maintained solely by individual Third Party Providers. Decisions in any related non-affiliated transactions are made by participating Third Party Providers and are not made by Klaviss, and Klaviss is not responsible for the underwriting activities or credit decisions of any Third Party Provider. Any non-binding quotes provided by Klaviss for Third Party Providers’ financial products are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act or the Truth in Lending Act or otherwise serve as a disclosure of any specific loan terms or conditions under any state or federal law. Interest rates displayed through the Services are for informational purposes only and reflect non-binding quotes of the terms a Third Party Provider might offer an applicant fitting a consumer’s anonymous profile. Actual interest rates may vary. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third Party Provider best suits their needs and financial means. Except as set forth in Section 8(b)(i) above or as otherwise disclosed to you or provided in other Product’s Terms, Klaviss: (a) is not a Third Party Provider, loan originator, loan processor or underwriter; (b) does not aid or assist applicants in obtaining loans, solicit applicants or Third Party Providers for loans, or offer or negotiate terms of applications or loans; (c) does not take mortgage applications, make loans or credit decisions or prequalify or preapprove applicants for loans; (d) is not an agent of either any consumer or any Third Party Provider; (e) does not endorse, refer or recommend any Third Party Provider that pays Klaviss or the products of any Third Party Provider that pays Klaviss; (f) is not responsible for any errors or delays caused by consumers or any Third Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third Party Provider, or that any rates or terms will be the best available.
Certain aspects of the Services include third-party tools that are subject to additional third-party terms.
9. Intellectual Property
The Services are owned and operated by Klaviss. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Klaviss’ Materials”) that we provide are protected by intellectual property and other laws and are the property of Klaviss or Klaviss’ third party licensors. Except as expressly allowed by these Terms of Use, you may not make use of Klaviss’ Materials, and Klaviss reserves all rights to Klaviss’ Materials and Services not granted expressly in these Terms of Use.
Certain content on the Services is owned by ZIP+4 data and the United States Postal Service. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. We do not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.
To the extent you provide or make available to Klaviss materials or content to use in connection with the Services you hereby represent and warrant that you shall own or have all necessary rights to all information (including but not limited to Custom Forms, all content provided by you in Custom Forms and/or Third-Party Forms, contracts, and other documents), data, text, images, audio, video, photographs, and any other content or materials that you upload or input to the website or the Services, including but not limited to any data fill fields or blank fields that you populate in any document or Custom Forms and/or Third-Party Forms (collectively, “Your Data”). The term “Your Data” does not include the Services, Third Party Resources (as defined below), the Klaviss Materials, the Klaviss platform or any other Klaviss products or services, or any derivative works thereof. You are responsible for any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Data, including any viruses, Trojan horses, worms, or other harmful programming routines contained in Your Data, or from your use of the website or Services. You may disclose or transfer Your Data to a third party, and upon such disclosure or transfer, Klaviss is no longer responsible for the security or confidentiality of such content and applications outside of Klaviss.
You hereby grant to Klaviss a non-exclusive, worldwide, royalty-free, perpetual, sublicensable license and right to host, use, process, reproduce, display and transmit Your Data to provide, sell, distribute, or otherwise use the Services or any other products, services, features or similar, pursuant to and in accordance with these Terms of Use. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Your Data, and for obtaining all rights related to Your Data required by Klaviss to perform the Services. Klaviss has no obligation to verify the information provided and disclaims any responsibility for its accuracy and you use the same at your own risk. You agree to defend, indemnify and hold harmless Klaviss and its employees, officers, agents, and directors from and against any liability arising from any inaccuracy or inadequacy of Your Data and Third Party Resources. You represent and warrant that: (a) you have the written consent of each and every identifiable natural person in Your Data to use such person’s name or likeness in the manner contemplated by the Services and these Terms of Use, and each such person has released website and Klaviss from any liability that may arise in relation to such use; (b) Your Data and Klaviss’s use thereof as contemplated by these Terms of Use and the Services will not violate any law or infringe any rights of any third party, including but not limited to any copyrights, trademarks, service marks or other intellectual property rights, publicity rights, or privacy rights; (c) Klaviss may exercise the rights to Your Data granted under these Terms of Use without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (d) all of Your Data and other information that website provided to Klaviss is truthful and accurate. Klaviss reserves the right to change, condense or delete any content, information, or materials available with or used in connection with the Services (including Your Data) that Klaviss deems, in its sole discretion, to violate any provision of these Terms of Use. In the event website delete any account or portion thereof within the Services, the website shall contact Klaviss immediately at hello@klaviss.com. Klaviss shall not have any liability for any lost content or Your Data in the event the website delete any account or portion thereof within the Services, and such instances shall not constitute a breach of these Terms of Use.
You shall not contest or otherwise challenge: (a) Klaviss’ designation of its Confidential Information (as defined below) as trade secrets and commercially sensitive and confidential and proprietary information; or (b) Klaviss’s ownership of Klaviss Materials. Klaviss is the owner of all Klaviss Materials and no title or ownership of the Confidential Information or Klaviss Materials is transferred to the website by way of these Terms of Use. Except for the express limited rights granted to the website to use the website and Services set forth above, no other rights, whether express or implied, are granted to the website and are reserved to and retained by Klaviss. You agree that any feedback, suggestions, improvements, enhancements, input, and/or feature requests relating to the website or Services provided by the website to Klaviss (“Feedback”) shall be owned solely by Klaviss, shall be included as part of the Klaviss Materials, and Klaviss shall be free to exploit and/or incorporate such Feedback in connection with the Services, website and/or Klaviss’ business.
10. Feedback
If you choose to provide input and suggestions regarding the Services, including related to any of Klaviss’ Materials (“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 the improve the Services or create other products and services.
11. DMCA; Claims of Copyright Infringement
We respect the intellectual property rights of others and ask that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By Mail:
Klaviss Technologies Corp.440 N. Wolfe RoadSunnyvale, CA 94085Attention: Copyright Agent
By Email:
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
12. Deactivation/Deletion /Changes to Agreement
Except as stated in any Product’s Terms, you may deactivate your account at any time by selecting “deactivate account” or similar verbiage, in your account settings. You can delete your account and all of your account data by submitting a request to delete your data at hello@klaviss.com. If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from Klaviss to use the Services will terminate automatically. In addition, we may, in our sole discretion, deactivate, suspend, or terminate your access to your account and the Services at any time for any reason, with or without notice. We may alter, suspend or discontinue the Services or any portion of the Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to, or use of the Services. We reserve the right to change these Terms of Use at any time at its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after any updates are effective will represent your agreement to the revised version of the Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of, and agreement to, any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
13. Privacy Policy/Other Terms
Klaviss will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
Your use of the Services is subject to all additional guidelines, rules, Product’s Terms, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services. All such terms are incorporated into and made a part of, these Terms of Use.
14. Indemnification
15. No Warranties
16. Limitation of Liability; Exclusive Remedy
17. Choice of Law; Disputes
These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws’ provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Santa Clara County, California for any and all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use. Klaviss operates the Services from its offices in California, and we make no representation that the Services are appropriate or available for use in other locations.
Any dispute, controversy, or claim arising out of or relating to the Services or the website or these Terms of Use, or their negotiation, performance, execution, or breach, shall be settled exclusively by arbitration in accordance with the Rules of the American Arbitration Association (“AAA”). The arbitration and all proceedings shall take place in Orange County, California before a single arbitrator is selected by the parties in accordance with the AAA rules; however, the arbitrator shall have no less than ten (10) years of experience in computer law and commercial matters. The decision of the arbitrator shall be final and binding and judgment upon the award rendered by the arbitrator shall be entered in any court having jurisdiction thereof. All proceedings, the decision, and submissions made in connection with the arbitration shall be confidential. With respect to all disputes arising in relation to these Terms of Use, but subject to the preceding arbitration provisions in this section, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Orange County, California. In any dispute arising out of or relating to these Terms of Use, the prevailing party shall receive an award of its reasonable attorneys’ fees and costs in any proceeding, including on appeal and enforcement.
Waiver of Jury Trial. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE OR SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND KLAVISS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM, OR CROSS-CLAIM BROUGHT BY KLAVISS OR YOU, AND ARE ALSO WAIVING THE RIGHT TO PARTICIPATE IN OR BE REPRESENTED IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
18. General
You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules, and regulations. All Services used by the U.S. government are provided with the commercial license rights described herein. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. We may assign your agreement to these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach, by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Klaviss with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Klaviss with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 5-8, 10-12, and 14-21.
19. Consent to Communications
By using the Services, you consent to receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Klaviss or third parties, such as real estate agents and Third Party Providers. Communications through these methods may be routed through a third party service (“Communications Service”). Calls may be recorded or monitored for quality assurance, training, or customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by Klaviss or the Communications Service. We also use the Communications Service to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, we and the Communications Service will receive in real-time, and store data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by us and the Communications Service. The information is subject to the Privacy Policy.
20. Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.
21. Notice to Apple Users
If you are using our mobile applications on an iOS device, the terms of Section 21 apply. You acknowledge that these Terms of Use are between you and Klaviss only, not with Apple, and Apple is not responsible for the Services or related Materials. Apple has no obligation to furnish any maintenance or support services concerning the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation concerning the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (A) product liability claims; (B) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of Section 21 of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 21 of these Terms of Use against you. You hereby represent and warrant that: (at (i) you are not located in a country that is subject to a U.S. government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY KLAVISS.
Contacting Klaviss
If you have any questions about this privacy policy or the privacy practices of Klaviss, please email us at hello@klaviss.com, or you can write to us at:
Klaviss Technologies Corp.
23 Spectrum Pointe Drive, Suite 206
Lake Forest, CA 92630
