Effective Date: 06.01.2022
Welcome to Lundy.
This website located at www.getlundy.com (this “Site”) and the Lundy voice application (“Lundy Voice”) which is accessible via Amazon's Alexa mobile application and Alexa device (collectively, “Alexa”), and any other platform on which Lundy Voice may be made available in the future, constitute the “Services.”
These Terms constitute a legally binding agreement between you and any person or entity you access our Services on behalf of (hereinafter, “you” or “your,” as the context provides), and Lundy. For purposes of these Terms a “Third-Party” is any person or entity who is not you or Lundy.
BY USING OR ACCESSING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN IMPORTANT LIABILITY LIMITATIONS AND INDEMNIFICATIONS.
IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT USE OR ACCESS OUR SERVICES.
TECHNOLOGY AND APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. LUNDY RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS, AT ANY TIME, FOR ANY REASON. YOUR CONTINUED USE OF OUR SERVICES AFTER THE MOST RECENT EFFECTIVE DATE LISTED ABOVE CONSTITUTES YOUR ACCEPTANCE OF ANY NEW OR MODIFIED VERSION OF THESE TERMS AS WRITTEN HEREIN.
Eligibility to Use Our Services.
To use our Services, you must be, and you represent and warrant to us that you are at least 18 years of age and legally competent to enter into legally binding agreements. By using our Services on behalf of any Third-Party, you represent to us that you are an authorized representative of such Third-Party and that your use of our Services constitutes that Third-Party's acceptance of these Terms.
License to Our Services.
Subject to your compliance with these Terms, Lundy hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license and right to use our Services to: (a) search for property listings; (b) search for property and neighborhood details; (c) search for dates and times of open houses; (d) save your property searches; (e) set notifications for certain property criteria (for example, when properties meeting your saved criteria are listed on the market, when the sale price of your saved properties increases or decreases, or is sold, etc.); (f) connect with a local real estate agent; (g) apply for mortgage lending services; and (h) and other service Lundy may offer to the public in the future. Lundy reserves the right to monitor your use of the Services for the purpose of determining that your usage complies with these Terms.
You may not use our Services other than as expressly permitted by these Terms. Without limitation, in your use of our Services, you may not, directly or indirectly: (a) copy, reproduce, perform, display, distribute, republish, post, transmit, modify, create derivative works of, participate in the transfer or sale of, or otherwise exploit any content on or connected with our Services or any part, feature, function, or user interface thereof, except as expressly permitted herein; (b) post advertisements, solicitations of business, or use our Services in any commercial manner; (c) use or access our Services in order to build a competitive product or service; (d) decomplie, disassemble, or reverse engineer our Services or reduce our Services to human-perceivable form; (e), tamper with or disable any technology used to provide our Services; (f) interfere with or damage our Services or its underlying technology, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology, or otherwise render our Services unusable; (g) attempt to remove any proprietary notices connected with our Services; (h) impersonate or misrepresent your identity or affiliation with any group, company, or organization; (i) attempt to interfere with our algorithm, natural language processing, or other technology by submitting material that is false, obscene, offensive, defamatory, libelous, threatening, pornographic, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate for the Services; (j) attempt to obtain unauthorized access to our Services or any user account that is not yours; (g) harvest or collect any information or data about other users of our Services; (k) interfere with any Third Party's ability to use, access, or enjoy, or our ability to provide, our Services; (l) violate, misappropriate, or infringe on any Third Party's intellectual property or other right; (m) violate any local, state, or federal law, rule, or regulation (collectively, “Prohibited Conduct”). Additionally, you may not assist or encourage any Third-Party in engaging in any Prohibited Conduct.
Right to Suspend Access to Our Services.
We reserve the right to temporarily suspend or permanently revoke your access to our Services if we reasonably determine in our sole discretion that you have violated any provision of these Terms or engaged in any Prohibited Conduct. In the event of a temporary suspension, we shall use commercially reasonable efforts to provide you with written notice of your suspension and updates regarding any investigation and your ability to dispute such suspension, if applicable. We shall use commercially reasonable efforts to resume providing access to our Services as soon as reasonably practicable after the event giving rise to the temporary suspension is cured. We shall have no liability for any damage, liabilities, losses (including any lost profits), or any other consequences you may incur as a result of any temporary suspension or permanent revocation of your access to our Services.
We also reserve the right to deny access to or use of our Service to anyone at any time for any reason without notice. You may be flagged by our internal system for suspicious activity, including, but not limited to, using a proxy web connection or having a history of fraudulent online activity.
Accuracy of Data.
All property listings, property addresses, descriptions, features, details, pricing, availability, or depictions available on our Services are subject to change at any time without notice. The inclusion of any property on our Services does not imply or warrant that the property will be available at any time. We attempt to ensure that all information available via our Services is complete, accurate, and up-to-date, however, the information on our Services may occasionally be incomplete, inaccurate, or out-of-date. We are not responsible for any error in square footage, acreage, mileage, sizes, dimensions, measurements, or similar descriptions.
2. INTELLECTUAL PROPERTY.
All content, material, and information available via our Services and our social media accounts (our “Social Media”), including all text, photographs, graphics, video and audio content contained herein and therein, is owned or licensed by Lundy and protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein (collectively, the “Lundy Content”). You must abide by all copyright notices or restrictions contained on our Services or Social Media. Lundy Content, trademarks, service marks and logos contained therein (the “Lundy Marks”), the design of our Services including all of the software and other technology used to provide our Services, are owned by or licensed to us and/or its affiliates. The Lundy Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Lundy reserves all ownership rights in and to our Services. Using our Services does not give you any ownership of or right in or to any Lundy Content.
DMCA Takedown Notice.
Lundy respects the rights of others and we expect users of our Services and Social Media to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others. If you believe that your copyright has been infringed:
File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Services or Social Media infringes a copyright which you own or for which you are a designated agent, please send us a notice of infringement to the email address at the bottom of these Terms, which must include the information specified below:
(a) A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name;
(b) Identification in sufficient detail of the work allegedly infringed upon;
(c) Identification of the allegedly infringing material on our Site including the specific URL location of the material so that we can find it;
(d) The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address;
(e) A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law; and
(f) A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to us. Fraudulent or abusive notices or other misuse of our takedown policy may result in account termination or other legal consequences.
License to Use Your Feedback.
You hereby grant to Lundy and our affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use and incorporate into the Services any suggestions, enhancement requests, recommendation, correction, or other feedback provided by you relating to the Services. We will not be obligated to credit you for such feedback, provide any royalties, or hold any such feedback in confidence.
Fair Housing Act Acknowledgement and Disclaimer.
When providing details regarding a property, we attempt to make available all factual, objective, and relevant information to the extent possible. We are not responsibile for any violations of Title VIII of the Civil Rights Act of 1968, also known as “The Fair Housing Act” and its application to the advertisement, sale, lease, rental, or financing of any dwellings based on race, color, religion, sex, familial status, national origin or disability.
Subjective Information Acknowledgement and Disclaimer.
You acknowledge and agree that all content, material, descriptions, and any other information contained in our Services is for educational and informational purposes only. Any information that may be provided by a property seller is inherently subjective and varies depending on the seller’s personal experience as a homeowner, home dweller, neighbor, community member, social and personal preferences, societal and personal views, and particular situation. There may be many different views regarding the particular property or neighborhood, all of which may be accurate in their context and may or may not reflect the same personal views, desires, goals and objectives of property buyers. LUNDY IS COMMITTED TO SHARING WITH YOU THE MOST UP TO DATE AND RELEVANT INFORMATION, HOWEVER, LUNDY MAKES NO GUARANTEE THAT THE INFORMATION IN OUR SERVICES IS THE MOST RECENT ON ANY PARTICULAR PROPERTY OR NEIGHBORHOOD.
Actual experiences, testimonials, and insights regarding experiences with our Services are for purposes of illustration only. Our Services may contain testimonials or examples of past users, such as home sellers, home buyers, or real estate agents, and the results they personally achieved, or comments from individuals who can speak to the quality of the content, features, or competitive advantage of our Services. Any such testimonials or examples supplied by actual home sellers, home buyers, or real estate agents were unsolicited and given with the explicit permission of the speaker. The testimonials and examples are not intended to represent or guarantee that you will achieve the same or similar results; rather, these testimonials and examples represent what is possible for illustrative purposes only.
4. LIABILITY LIMITATIONS; INDEMNIFICATION.
No Liabilities for Third-Party Content and Services.
Our Services Are “AS-IS”.
OUR SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. LUNDY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LUNDY MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE OF ANY INFORMATION OR CONTENT AVAILABLE VIA THE SERVICES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT LUNDY MAY NOT DISCLAIM UNDER APPLICABLE LAW.
Accessing Our Services by Mobile Device.
To use our Services on a mobile device, you must have a mobile device that is compatible with Alexa or other Third Party platform offers our Services. We do not warrant that our Services will be compatible with your particular mobile device or your software version of such mobile device. You are responsible for any mobile charges that you may incur for use of or Services, including text-messaging, roaming charges, and data changes. If you are unsure about the charges that may apply, please contact your mobile service provider before using our Services.
LIMITATION OF LIABILITY.
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL LUNDY, ANY OF OUR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “LUNDY AFFILIATES” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE OUR SERVICES, EVEN IF LUNDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. LUNDY WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR OUR SERVICE(S) TO WHICH THE CLAIM RELATES, OR, IF THE CLAIM DOES NOT RELATE TO A PAYABLE SERVICE, THEN $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
You Agree to Indemnity Lundy.
You agree to defend, indemnify and hold harmless Lundy, and our affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any Third-Party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your use or any Third Party’s use or misuse of any purchase of service, feature, or transaction via our Services; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access our Services in the future); (d) arising from or related to your content, including but not limited to: (i) any violation of the federal Fair Housing Act, or any other state or federal laws, or (ii) any infringement of the intellectual property or other rights of any Third Party; or (e) arising from, related to, or connected with your use or misuse of our Services. Lundy may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without Lundy’s express written consent.
5. IN THE EVENT OF A DISPUTE BETWEEN US
You acknowledge and agree that any claim or controversy that arises between you and Lundy relating in any way to any breach, enforcement, or termination of these Terms or your use or access of our Services will be resolved in accordance with the provisions set forth in this section.
First Step: Informal Resolution.
If you have any dispute with Lundy, you agree that before taking any formal action, you will contact us at the email address below with a brief, written description of the dispute and your contact information (or the contact information of your agent or legal representative), and allow us up to 60 days to attempt to reach an amicable resolution of any issue with you.
Agreement to Arbitration of Disputes.
You acknowledge and agree that all disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) or your use of our Services will be exclusively resolved under confidential binding arbitration held in San Diego, CA before and in accordance with JAMS Streamlined Arbitration Rules and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (which will prevail over any inconsistent terms in this paragraph). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
You and Lundy agree that the laws of the State of California, without regard to conflict of laws principles, will govern these Terms and any use of our Services. Such body of law will apply regardless of your residence or the location where you access our Services.
One Year Limitation on Actions.
You agree that regardless of any statute or law to the contrary, any dispute, claim, lawsuit, or cause of action arising out of or related to these Terms or your use of our Services must be filed within ONE YEAR after such dispute, claim, lawsuit, or cause of action arose, or your right to bring any dispute, claim, or cause of action shall be forever barred.
No Class Actions.
You acknowledge and agree that, to the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Lundy will have the right to seek injunctive or other equitable relief in state or federal courts located in San Diego County, California to enforce these Terms or prevent an infringement of a Third Party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
Under no circumstances shall Lundy be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.
No Waiver; Severability.
No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and any failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, you and Lundy agree that the court should endeavor to give effect to the maximum extent permitted by law, to the intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
Entire Agreement; Assignment; Modification & Amendment .
These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and Lundy regarding the subject matter contained herein, and supersedes any prior agreements between you and Lundy on the subject matter. You also may be subject to additional terms that may apply when you use certain Lundy features or Third-Party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Lundy without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may only be modified by an express written statement signed by an authorized representative of Lundy.
Notices; Consent to Electronic Communications.
If you wish to communicate with Lundy, you consent to do so by electronic means. You authorize Lundy to send you important notices about our Services and any pending transactions to an email address you provide, if you have registered for access to our Services or otherwise provided your email address, or, in the alternative, by submitting a notice through our Services, and such notice will be effective on dispatch. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails Lundy sends you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to communicate electronically with us, you may no longer use our Services. If you give notice to Lundy, you must use the email address provided below and such notice will be effective when received by us.