Terms of Service

Effective Date: 05.01.2024

Welcome to Lundy.

Lundy Inc., a Delaware corporation (hereinafter, “Lundy”, “us”, “we” or “our”, as the context provides) owns and operates the website located at www.getlundy.io (this “Site”), the voice property search engine “Finding Homes” (currently accessible via Amazon’s Alexa mobile application and Alexa home devices, and any other device on which Finding Homes may be made available in the future) (collectively, the “Alexa”), and any associated software applications powered by LundyAI Core, whether currently existing or released in the future (collectively, our “Services”).

Our Services are governed by these Terms of Service (these “Terms”).

These Terms constitute a legally binding agreement between you and/or any person or entity you access our Services on behalf of (hereinafter, “you” or “your,” as the context provides) and Lundy. By using or accessing our Services, you acknowledge and agree that you have read, understood and agree to be bound by these Terms. If you do not agree to be so bound, you may not use or access our Services. For the purposes of these Terms a “Third-Party” is any person or entity who/that is not you or Lundy.

THESE TERMS CONTAIN IMPORTANT DISPUTE RESOLUTION TERMS AND PROCEDURES, INCLUDING MANDATORY ARBITRATION, WAIVER OF A JURY TRIAL, WAIVER OF ANY CLASS ACTION LAWSUITS, INDEMNIFICATIONS AND LIABILITY LIMITATIONS. THESE TERMS AFFECT YOUR RIGHTS UNDER THESE TERMS IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND TVRN. YOU MAY OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Technology and applicable laws, rules and regulations change frequently. Lundy reserves the right to make changes to these Terms, at any time, to abide by new laws, rules, or regulations, for our convenience, or for any other reason. If you have an email on file with Lundy and have consented to electronic communications, we will send you an email notice of any material changes to these Terms. Either way, your continued use of our Services after the most recent effective date listed above constitutes your acceptance of any new or modified terms contained herein.

1. TERMS OF USE

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 other person or entity, you represent to us that you are an authorized representative of such party and that your use of our Services constitutes that party’s acceptance of these Terms.

Account Registration

You must provide accurate and complete information to register for an account to use our Services. You must keep your information up to date, especially your email address because, although you may be able to log in to your account, you will not receive important notifications from us regarding the Services. You may not share your account credentials or make your account available to anyone else. You are solely responsible for any and all activities that occur under your account, including any uses by any unauthorized parties. Except for when logging into your account, Lundy will never ask you for your password. If you receive any request for your password or believe your account has been accessed by any unauthorized parties (actual or attempted) you must notify us immediately. Lundy reserves the right to temporarily disable or terminate your account if we believe that there is currently, or has been in the past, any unauthorized use of your account, or any other use in any manner that may disrupt our Services.

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 any other service we may offer to you in the future. You may not use our Services other than as expressly permitted by these Terms. We reserve the right to monitor your use of the Services to determine your compliance with these Terms.

Prohibited Uses.

In your use of our Services, you may not, directly or indirectly, on behalf of yourself or others, attempt to or actually (collectively, “Prohibited Conduct”):

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.
Violate, misappropriate, or infringe on any Third Party’s intellectual property right or any other right.
Decompile, disassemble, reverse engineer, reduce to human-perceivable form, or discover the underlying source code, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
Bypass any protective measures or safety mitigations we put on our Services.
Interfere with, tamper with, damage, or disable any technology used to provide our Services, 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.
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.
Impersonate or misrepresent your identity or affiliation with any group, company, or organization.
Falsely represent that any result of our Services was generated by you or any other person or software. • Post advertisements, solicitations of business, or use our Services in any commercial manner.
Gain information to build a competitive product or service.
Remove any proprietary notices connected with our Services.
Gain access to any account that is not yours.
Harvest or collect any information or data about other users of our Services.
Violate any local, state, or federal law, rule, or regulation.

Additionally, you may not assist or encourage any Third-Party in engaging in any such 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.

Personal Information.

Your submission of personal information through our Services is governed by our Privacy Policy. Please click here to view our Privacy Policy.

2. INTELLECTUAL PROPERTY.

Lundy Content.

Lundy is the sole owner or lawful licensor of all content, material, software, algorithms, programs, data, computer code, and technology underlying our Services, and all content, material, text, images, video, audio, graphics, and designs posted on our Site and our social media accounts (our “Social Media”), including all trademarks, services marks, and brand logos and icons (the “Lundy Marks”), and intellectual property rights contained therein (collectively, the “Lundy Content”). The Lundy Content is displayed “as is” and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited unless we expressly agree. We reserve all ownership rights in and to the Lundy Content. Using our Services does not give you any ownership or right in or to any Lundy Content.

Your Content.

In your use of the Services, you may upload information, content, or data to the Services (“Your Content”). You are solely responsible for all of Your Content, including ensuring that it does not violate any Prohibited Conduct. You represent and warrant to us that you have all rights, licenses, and permissions necessary to use and upload Your Content into our Services. You shall own and maintain ownership of (or your license or permissions to use) Your Content. We may use Your Content in an anonymized form to provide, maintain, develop, and improve our Services, comply with applicable law, enforce these Terms, and keep our Services safe and secure.

Press Releases

Unless expressly agreed to in writing signed by an authorized Lundy representative, you must first obtain our written consent before displaying any Lundy Marks on your website, blog, article, online media, or social media posts.

Right to Use Your Feedback.

Lundy appreciates any suggestions, enhancement requests, recommendations, corrections, or any other feedback you provide to us relating to the Services, whether orally or in writing (collectively, “Feedback”). You hereby agree that Lundy may use such Feedback to improve our Services and/or offer new Services or features, and that we will not be obligated to pay, compensate, or credit you for such Feedback, or hold any such Feedback in confidence. To the extent necessary to effect the foregoing agreement, you grant to Lundy and our affiliates a worldwide, non-exclusive, perpetual, irrevocable, unrestricted, royalty-free, transferable, sublicensable license and right to use your Feedback for any business purpose.

Lundy respects the intellectual property rights of others. If you have evidence, know, or have a good faith belief (legal standard) that any material on our Site or Social Media infringes a copyright which you own or for which you are a legally designated agent, send us a notice to: support@getlundy.io, which must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner whose right has been allegedly infringed upon.
Identification in sufficient detail of the work allegedly infringed upon.
Identification of the allegedly infringing material on our Site or Social Media, including the specific URL location of the material so that we can find it.
The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address.
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law.
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.

3. DISCLAIMERS OF WARRANTIES

Innovative Technologies.

Artificial intelligence, machine learning, natural language processing, and other innovative technologies are evolving rapidly. Lundy is constantly working to improve its Services to make them more accurate, accessible, reliable, available, complete, up-to-date, safe, and beneficial to our users. However, given the probabilistic nature of the technology underlying our Services, your use of our Services may occasionally provide results that do not meet the foregoing goals.

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 responsible 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.

Accuracy of Property Listings.

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.

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.

Device Compatibility.

Our Services are accessible via certain Third Party applications which may be downloadable on your mobile device, or accessible from your home devices, or other devices. We do not warrant that our Services will be compatible with your particular device (the operating system or hardware), or the software version you are using on such device.

Third-Party Fees.

You are responsible for any charges or fees that you may incur in your use of our Services on your device, including any and all text-messaging, roaming, and data charges (if any). If you are unsure which charges may apply to your use of our Services (if any), please contact the provider of your device before using our Services.

User Testimonials.

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.

Our Services Are Provided “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, THAT THE RESULTS OF THE SERVICES WILL BE COMPLETE, ACCURATE, ERROR-FREE, BIAS-FREE, OR APPROPRIATE FOR ANY PARTICULAR PURPOSE. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT LUNDY MAY NOT DISCLAIM UNDER APPLICABLE LAW.

4. LIABILITY LIMITATIONS

No Liabilities for Third-Party Content and Services.

Our Services may contain information and content provided by Third Parties, including, but not limited to linked websites, linked content, referrals, and reformatted content (“Third-Party Content”). Lundy has no obligation to monitor, does not endorse, and is not liable for any Third-Party Content. Third Parties may offer their services directly to you through our Services (“Third-Party Services”). Lundy does not endorse or accept any responsibility for any Third-Party Services. Additionally, you may be required to agree to the Third Party’s terms of service and/or privacy policy to use the Third-Party Service. Lundy will not be liable in any way for the acts or omissions of any Third-Party’s terms of service or privacy policy or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such Third Party Services.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LUNDY, NOR ANY OF OUR AFFILIATES OR LICENSORS, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR THE COST OF PROCUREMENT OF ALTERNATIVE GOODS OR SERVICES, 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.

IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE PORTION OF OUR SERVICES 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.

5. INDEMNIFICATION

You Agree to Indemnity Lundy.

To the fullest extent permitted under applicable law, you will defend, indemnify and hold harmless Lundy, and our 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 any violation of any of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your use or misuse of our Services (including any authorized or unauthorized uses of your account); (c) arising from or related to any other party’s access and use of the Services with your username, password, security code, or other credentials; or (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. 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 our express written consent.

6. DISPUTE RESOLUTION

YOU AND LUNDY AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

Governing Law.

You and Lundy agree that the laws of the State of California, without regard to conflict of laws principles, will govern these Terms and your use of our Services. Such body of law will apply regardless of your residence or the location where you access our Services.

Step 1: Informal Resolution.

If any claim or controversy arises between you and Lundy regarding the Services or any breach, enforcement, or termination of these Terms, before taking any formal action, the party with the claim or controversy will contact the other by email and include a brief description of the issue and return contact information (use your email or the contact information of your agent or legal representative). If we are unable to reach an amicable resolution within 60 days, then either party may proceed to initiate arbitration in accordance with Step 2 below.

Step 2. MANDATORY ARBITRATION.

If we are unable to resolve our dispute informally in Step 1, then you and Lundy agree to resolve the dispute through final and binding arbitration. Either party may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here).

Step 3. Arbitration Procedures.

The arbitration will be conducted by video conference, if possible. If the arbitrator determines that a hearing should be conducted in-person, you and Lundy agree to hold such arbitration with a NAM arbitrator at a location mutually agreed upon in San Diego County, California. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of California. The arbitrator will have exclusive authority to resolve any dispute, except the state and federal courts of San Diego, California have the authority to determine any dispute regarding the enforceability, validity of the class action waiver, or requests for public injunctive relief, as set forth below. The arbitration will be confidential and any award or settlement offer amounts, whether or not accepted, will not be disclosed by either party. The arbitrator will have the authority to grant motions dispositive of all or part of the dispute and the arbitrator’s final determination will be binding and may be entered as a judgment in any court of competent jurisdiction.

Batch Arbitration.

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and Lundy agree that NAM will administer those disputes in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single or consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by video conference or in a location in San Diego County, California. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Right to Opt-Out of Arbitration.

You may opt out of arbitration within 30 days of first using our Services or creating an account, whichever is sooner, by emailing an opt-out notice to: support@getlundy.io. You must include your full legal name, username, and email address associated with the account to which the opt-out applies. This procedure is the only way we can identify individuals who’ve opt-ed out of the agreement to arbitrate. If you opt-out of the agreement to arbitrate, all other parts of these Terms and this section will continue to apply to you. Opting out of arbitration has no effect on any previous, other, or future arbitration agreements that you may have with us.

Exceptions for Injunctive Relief.

This section does not require informal dispute resolution or arbitration for claims or injunctive or other equitable relief to stop or prevent unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

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.

Force Majeure.

Under no circumstances shall Lundy be held liable for any delay or failure in performing the Services resulting directly or indirectly from any event whatsoever that is beyond our reasonable control.

7. GENERAL TERMS

Assignment; Transfer; Delegation.

You may not assign, transfer or delegate any of your rights or obligations under these Terms and any attempt to do so will be invalid. We may assign, transfer or delegate our rights and obligations under these Terms, in whole or in part, to any affiliate, subsidiary, or successor in interest of any business associated with our Services. These Terms will be binding upon and inure to the benefit of our successors and assigns.

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; Modification & Amendment.

These Terms constitute the entire agreement between you and Lundy regarding the subject matter contained herein, and supersedes any prior agreements between us on such 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 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.

Terms of Service

Table of Contents