Savvy Lane
Savvy Lane Terms of Service
Last Updated: June, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY
ACCESSING OR USING OUR WEBSITE AND SERVICES, YOU AGREE
TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS
INCORPORATED BY REFERENCE.
These Terms of Service ("Terms") apply to your access to
and use of the websites and services (collectively, the
"Services") of Savvy Lane ("Savvy Lane"
"we," "us," or "our"). These Terms do not alter in any
way the terms or conditions of any other agreement you
may have with us in respect of any products, services or
otherwise. If you are using the Services on behalf of
any entity, you represent and warrant that you are
authorized to accept these Terms on such entity’s behalf
and that such entity agrees to be responsible to us if
you or such entity violates these Terms.
Savvy Lane reserves the right to modify or change
the Terms at any time and in our sole discretion. If we
make changes to these Terms, we will provide notice of
such changes, such as by updating the "Last Updated"
date at the beginning of these Terms. Your continued use
of the Services will confirm your acceptance of the
revised Terms. We encourage you to frequently review the
Terms to ensure you understand the terms and conditions
that apply when you access or use the Services. If you
do not agree to the revised Terms, you may not access or
use the Services.
1. PRIVACY POLICY
Please refer to our Privacy Policy
http://www.savvylane.com/privacy.html for information
about how we collect, use and disclose information about
you.
2. ELIGIBILITY; ACCOUNTS; COMMUNICATION PREFERENCES
The Services are not targeted toward or intended for use
by anyone under the age of 18 or the age of legal
majority under applicable law. By using the Services,
you represent and warrant that you (a) have not been
previously suspended or removed from the Services, or
engaged in any activity that could result in suspension
or removal from the Services and (b) have full power and
authority to enter into these Terms and that in so
doing, will not violate any other agreement to which you
are a party.
In order to access and use certain areas or features of
the Services, you will need to register for a Savvy
Lane, account. By creating an account, you agree to
(a) provide accurate, current and complete account
information, (b) maintain and promptly update from time
to time as necessary your account information, (c)
maintain the security of your password and accept all
risks of unauthorized access to your account and the
information you provide to us, and (d) immediately
notify us if you discover or otherwise suspect any
security breaches related to the Services or your
account. Savvy Lane CANNOT AND WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO
ADEQUATELY SAFEGUARD YOUR USER NAME, ACCOUNT NUMBER,
AND/OR PASSWORD.
By creating an account, you consent to receive electronic
communications from Savvy Lane (e.g., via email or
by posting notices to the Services). These
communications may include notices about your account
and are part of your relationship with us. You agree
that any notices, agreements, disclosures or other
communications that we send to you electronically will
satisfy any legal communication requirements, including,
but not limited to, that such communications be in
writing. You should maintain copies of electronic
communications from us by printing a paper copy or
saving an electronic copy. We may also send you
promotional communications via email, including, but not
limited to, newsletters, special offers, surveys and
other news and information we think will be of interest
to you. You may opt out of receiving these promotional
emails at any time by following the unsubscribe
instructions provided therein.
3. COPYRIGHT
Unless otherwise indicated, all content and other
materials contained on the Services, including, without
limitation, our logos and all designs, text, graphics,
pictures, information, data, software, sound files,
other files and the selection and arrangement thereof
(collectively, "Materials") are the proprietary property
of Savvy Lane or our licensors or users, as
applicable, and are protected by U.S. and international
copyright, trademark and other laws.
Unless otherwise agreed to in writing by us, you are
hereby granted a limited, nonexclusive, non
transferable, non sublicensable license to access and
use the Services and Materials. Such license is subject
to these Terms and does not include any right to (a)
sell, resell or use commercially the Services or
Materials, (b) distribute, publicly perform or publicly
display any Materials, (c) modify or otherwise make any
derivative uses of the Services or Materials, or any
portion thereof, (d) use any data mining, robots or
similar data gathering or extraction methods, (e)
download (other than the page caching) any portion of
the Services or Materials, except as expressly permitted
by us, and (f) use the Services or Materials other than
for their intended purposes. Any use of the Services or
Materials other than as specifically authorized herein,
without our prior written permission, is strictly
prohibited and will terminate the license granted
herein. Such unauthorized use may also violate
applicable laws, including, without limitation,
copyright and trademark laws and applicable
communications regulations and statutes. Unless
explicitly stated by us, nothing in these Terms shall be
construed as conferring any right or license to any
patent, trademark, copyright or other proprietary rights
of Savvy Lane or any third party, whether by
estoppel, implication or otherwise. This license is
revocable at any time.
4. TRADEMARKS
"Savvy Lane" the Savvy Lane logo and any
other Savvy Lane service names, logos or slogans
that may appear on the Services are trademarks of Savvy
Lane, and our suppliers and our licensors and may
not be copied, imitated or used, in whole or in part,
without our or the applicable trademark holder's prior
written permission. You may not use any meta tags or
other "hidden text" utilizing "Savvy Lane" or any
other name, trademark or product or service name of
Savvy Lane without our prior written permission.
In addition, the look and feel of the Services,
including, without limitation, all page headers, custom
graphics, button icons and scripts, constitute the
service mark, trademark or trade dress of Savvy Lane,
and may not be copied, imitated or used, in whole
or in part, without our prior written permission. All
other trademarks, registered trademarks, product names
and company names or logos mentioned on the Services are
the property of their respective owners and may not be
copied, imitated or used, in whole or in part, without
the permission of the applicable trademark holder.
Reference to any products, services, processes or other
information by name, trademark, manufacturer, supplier
or otherwise does not constitute or imply endorsement,
sponsorship or recommendation by Savvy Lane.
5. HYPERLINKS
You are granted a limited, nonexclusive, non transferable
right to create a text hyperlink to the Services,
provided that such link does not portray Savvy Lane,
or any of our Services in a false, misleading,
derogatory or otherwise defamatory manner, and provided
further that the linking site does not contain any adult
or illegal material or any material that is offensive,
harassing or otherwise objectionable. This limited right
may be revoked at any time. You may not use a Savvy
Lane, logo or other proprietary graphic of Savvy
Lane, to link to the Services without our express
written permission. Further, you may not use, frame or
utilize framing techniques to enclose any Savvy Lane,
trademark, logo or other proprietary information,
including the images found on the Services, the content
of any text or the layout or design of any page, or form
contained on a page, on the Services without our express
written consent.
Savvy Lane makes no claim or representation
regarding, and accepts no responsibility for, the
quality, content, nature or reliability of third party
websites accessible by hyperlink from the Services or of
websites linking to the Services. Such sites are not
under our control, and we are not responsible for the
contents of any linked site, any link contained in a
linked site, or any review, changes or updates to such
sites. We provide these links to you only as a
convenience, and the inclusion of any link does not
imply our affiliation, endorsement or adoption of any
site or any information contained therein. When you
leave the Services, you should be aware that our terms
and policies no longer govern. You should review the
applicable terms and policies, including privacy and
data gathering practices, of any site to which you
navigate from the Services.
6. THIRD PARTY CONTENT
We may display content, advertisements and promotions
from third parties through the Services (collectively,
"Third Party Content"). We do not control, endorse or
adopt any Third Party Content, and we make no
representations or warranties of any kind regarding such
Third Party Content, including, without limitation,
regarding its accuracy or completeness. You acknowledge
and agree that your interactions with third parties
providing Third Party Content are solely between you and
such third parties, and that Savvy Lane is not
responsible or liable in any manner for such
interactions or Third Party Content.
7. OUR SERVICES
7.1 Our Platform offers limited service for a one time
flat or fixed fee, rather than the more common
percentage fee or commission typically paid to full
service brokerages. We do not provide legal advice or
handle earnest money. Once you have entered your
property information on the Savvy Lane website,
you can immediately review and electronically sign your
documents. All changes must be made online; handwritten
changes to forms will not be accepted or recognized.
Once signed documents are returned we will then
coordinate your listing to the correct Multiple Listing
Service (“MLS”) within your area. Once Savvy Lane
has executed the MLS listing or mailed your marketing
materials no refunds will be provided as we have
executed our services.
7.2 We provide these services only as a facilitator. As a
seller you represent your own property. By agreeing to
these Terms you are authorizing Savvy Lane to
present your contact information to potential buyers,
agents, and our preferred vendors who are interested in
your property. Our services consist of entering the
information you submit to the Multiple Listing Service
directory and other online real estate related sites. We
provide broker support in the form of suggestions. All
final decisions, changes, actions, and outcomes are the
responsibility of you, the seller, and must be made
solely by the seller. Savvy Lane CANNOT AND WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OUR
BROKER SUGGESTIONS.
7.3 Multiple Listing Service, Fair Housing Act, and
Realtor Code of Ethics. In order to comply with the
governing bodies of the real estate industry, Savvy
Lane, reserves the right to make changes to your
listing information, details, and description in order
to comply with those rules and guidelines, without
notification or approval from you.
7.4 All MLS listings require a buyer’s agency commission
if a real estate broker assists you in finding a buyer.
Sellers solely decide and set the commission offered
within the Savvy Lane Website, which must be a
minimum of $1.00. The customary buyer’s agent commission
is 2.5-3% but all commissions are negotiable, we
recommend that you offer a 2.5-3% commission to the
buyer’s agent. This ensures that real estate
professionals from other companies will show your
property. The 2.5-3% is to be paid only if you accept an
offer from a buyer with a real estate agent involved and
when the property closes in escrow.
7.5 Basic package. You will be billed a one-time flat fee
of $95. Your property will be listed on the local MLS
and REALTOR.com® for 90 days with eight photos. No other
services are included in the basic package. No listing
or broker support is provided in this package. All
support will be charged. Changes to your listing are
billed at $25 per account up date once listed on the
MLS. There is no charge for status changes to pending,
contingent, or sold. Sellers must comply with these
Terms and update or notify Savvy Lane of status
changes to pending, cancelled, or sold within 48 hours.
We may charge sellers a surcharge not exceed $50 per MLS
infraction, on top of any MLS fine, for any failure to
change the status and require Savvy Lane to make
the necessary changes to avoid fines from the MLS.
7.6 Extended package. You will be billed a one-time flat
fee of $295. Your property will be listed on the local
MLS and REALTOR.com® for 6 months, with sixteen photos,
one free Comparative Market Analysis (“CMA”) via email
upon request. This package also includes free unlimited
changes, the ability to schedule open houses if the MLS
permits, the ability to add a link/URL to a 3rd party
virtual tour or video of the property, and provides a 15
minutes of phone or email listing support. Broker
support is available and charged separately. Sellers
must comply with these Terms and update or notify Savvy
Lane, of status changes to pending, cancelled, or
sold within 48 hours.We may charge sellers a surcharge
not exceed $50 per MLS infraction, on top of any MLS
fine, for any failure to change the status and require
Savvy Lane to make the necessary changes to avoid
fines from the MLS.
7.7 Full package. You will be billed a one-time flat fee
of $495. Your property will be listed on the local MLS
and REALTOR.com® for one year with the maximum allowed
photos per MLS,one free custom yard sign with your phone
number, one free post with one free flyer box where
available (see section 9.1), PDF flyer generated through
Savvy Lane Account, one free Comparative Market
Analysis (CMA). This package also includes free
unlimited changes, the ability to schedule open houses
if the MLS permits, the ability to add a link/URL to a
3rd party virtual tour or video of the property, and
provides 30 of minutes phone or email listing support.
Broker support is available and charged separately.
Sellers must comply with these Terms and update or
notify SavvyLane of status changes to pending,
cancelled, or sold within 48 hours. We may charge
sellers a surcharge not exceed $50 per MLS infraction,
on top of any MLS fine, for any failure to change the
status and require Savvy Lane to make the
necessary changes to avoid fines from the MLS.
7.8 Premium package. You will be billed a one-time flat
fee of $895. Your property will be listed on the local
MLS and REALTOR.com® for one year with the maximum
allowed photos perMLS, one free custom yard sign with
your phone number, one free post with one free flyer box
where available (see section 9.1), PDF flyer generated
through Savvy Lane Account, unlimited Comparative
Market Analysis (CMA). This package also includes free
unlimited changes, the ability to schedule open houses
if the MLS permits, the ability to add a link/URL to a
3rd party virtual tour or video of the property, and
provides 30 minutes of phone or email listing support.
Broker support is available and charged separately. With
this package you also receive one free session of
professional photography (see section 10.2), one free
setup of virtual tour, and one free key box rental.
Savvy Lane will waive the rental fee, typically
$95, but still requires a $95 rebate to ensure its
return (see section 9.2). This listing is up until sold
but does expire in 12 months. If at the end of 12 months
you wish to extend your listing please contact Savvy
Lane, and we will extend your listing by another 12
months. Sellers must comply with these Terms and update
or notify Savvy Lane of status changes to pending,
cancelled, or sold within 48 hours. We may charge
sellers a surcharge not exceed $50 per MLS infraction,
on top of any MLS fine, for any failure to change the
status and require Savvy Lane to make the
necessary changes to avoid fines from the MLS.
7.9 When you find a buyer who is not represented by an
agent, you may enlist our services to facilitate the
process from offer to closing. Our “Hybrid Service”
options available to coordinate the entire offer and
closing process:
a. Our “Hybrid Service” Options can be located in your
account with a breakdown on pricing and services
provided. These services are not done in person and will
be facilitated by phone or email. Buyer and seller are
responsible for inspection fees, appraisal fees, closing
costs and any other fees associated with contingencies
that may arise during the closing process. When
representing a buyer and seller Savvy Lane is
acting as a "dual agent" and a written consent of both
parties is necessary and must be signed. (see section
7.15, b.)
b. Dedicated Agent for 1% at Closing. This option
provides a dedicated in person agent to facilitate the
entire offer process. (see section 7.15, c.)
7.10 Buyers. Buyers are responsible to independently
verify the accuracy and completeness of all information
contained within each property advertised on the MLS and
syndicated sites. If a buyer contacts Savvy Lane
directly we retain the right to determine what level of
service they need. Savvy Lane will then present
options of service to that buyer. Our options range from
working with the seller directly, using Savvy Lane
to write the offer for a flat fee, or enlisting one of
our full service agents. The commission offered to a
buyers’ agent would not vary or change if Savvy Lane,
is involved. If a buyer not represented by an
Agent, works with the seller directly then the seller
would avoid the commission to the buyers’ agent.
7.11 Signing Documents. After you enter your listing on
Savvy Lane you will be presented with forms to
electronically sign. Alternatively you can print and
sign the documents as well. Please verify all the
information you submitted. If changes are required
please sign into your account, make changes and a new
set of documents will be automatically generated. Once
you have verified and made all necessary changes please
sign the Listing Agreement, Addendum, and listing input
sheets. You can digitally sign and send your documents,
scan and upload them to your account, or e-mail, fax, or
mail once completed. Once we receive the signed
documents, photographs, and payment your property will
be listed on the MLS. Documents sent in before 6PM will
be processed by the end of the following business day.
All other websites, including REALTOR.com® will post
your listing within 24-48 hours. Changes to an MLS
listing are handled in the same fashion. All changes to
your listing must be done online to your Account,we do
not accept email, phone or voicemail changes.
7.12 Changes. When you are entering your information you
are not directly updating the MLS. Once changes to your
Savvy Lane Account are made, a change form will be
presented and e-mailed for your approval. Once a signed
version is returned to Savvy Lane we will make the
changes on the MLS. Changes may take up to 24-48 hours
to syndicate to third party sites. There is a $25 change
fee for our Basic package. Extended, Full and Premium
packages include free unlimited changes.
7.13 Open Houses. Sellers may schedule open house dates
using the Savvy Lane website. Open house dates
will be added to the MLS and third party sites. If your
MLS has similar rules you may request to have a Savvy
Lane, preferred agent host the open house free of
charge. There is no guarantee that we can facilitate a
preferred agent to host an open house for you. Some MLS’
do not allow sellers to advertise an open house without
a licensed agent.
7.14 Offers. WHEN DEALING WITH OFFERS ALWAYS ENLIST THE
EXPERIENCE OF A PROFESSIONAL. REFUSING TO USE A
PROFESSIONAL CAN BE COSTLY AND SAVVYLANE WILL NOT BE
LIABLE FOR ANY DAMAGES AS A RESULT. Buyers’ Agents are
trained negotiators and know how to manipulate the
system to their benefit. In addition, as a seller you
can be emotionally involved and this may cloud your
judgment. Once you receive and offer you have 3 choices:
a. Work with the Buyer Directly. If you decide to work
with a buyer directly you CANNOT use MLS or Savvy Lane,
documents. Since Savvy Lane is not involved
in the process we are not permitted or obligated to
provide you with any sort of documents to facilitate the
sale. However, as your listing firm we are required to
keep a copy of the purchase agreement for our records in
whatever form it was created. State laws require
brokerages to keep records of documents for a minimum of
three years. We also require you to properly update your
status. When you accept an offer on your property you
must notify us within 48 hours by updating your Account.
Failure to do so will result in a fine by the MLS, which
will be charged directly to you. We reserve the right to
cancel your listing if we cannot contact you for longer
than 48 hours by phone or email. If you will be away
from your phone/email please make arrangements with
Savvy Lane.
b. “Hybrid Service” Options. Savvy Lane is
available by phone and email to provide SUGGESTIONS ONLY
on reviewing, negotiating, accepting, or countering an
offer. We will also provide suggestions on handling
contingencies. These services can be prepaid, or bundled
and paid at closing. Savvy Lane CANNOT AND WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OUR
BROKER SUGGESTIONS.
c. Dedicated Agent for 1% at Closing. We have Agents in
your area that can provide fulloffer support,
professional negotiations, handle contingencies and
possibly save you thousands of dollars. Our Agents have
years of experience and can provide professional
results. Our dedicated agents are only available in
limited areas at this time. Contact us for more details
on how we can provide a licensed agent to assist you
through the offer process. Once the property closes you
will pay Savvy Lane an additional 1% of the sales
price at closing for these services.
8. SYNDICATION AND ACCURACY
8.1 Syndication to other websites (Web syndication is a
form of distribution in which website material is made
available to multiple other sites.) Every website is
different. They display information according to their
own criteria. Since we don't have control over third
party systems, we cannot confirm that every listing will
be indexed properly. Sometimes it can be difficult to
isolate your listing, but the best way is to search for
unique identifiers (part of the listing subtitle, name,
address, etc.), and don't forget to filter on attributes
such as number of bedrooms or bathrooms on the
respective third party sites. Syndication is not
immediate. We send new listing info the following
morning and it usually takes 12-24 hours to appear on
the other sites. If you have incomplete or inaccurate
information, our syndication partners may not process
your listing. If you’re listing is also syndicated from
another source, which may also interfere with
syndication. Savvy Lane cannot control how and
when your listing is displayed on other sites. As
websites are constantly evolving, syndications to other
sites may change at any time.
8.2 Listing on the MLS. Once your property is listed on
the MLS, Savvy Lane will notify you by email that
your listing is now live. Be aware that technology
changes daily and we make every attempt to verify the
accuracy of information we provide to the MLS. With that
said, we recommend that sellers immediately check third
party sites for accuracy of the information entered. If
you discover an error please notify us promptly so the
error can be corrected. We make all attempts to
accurately enter the information you provide into the
multiple listing services. However, we do not guarantee
error-free service. We are not responsible for any loss
or damage suffered by the error. We at Savvy Lane
work on maintaining our web site and services, but we
are not responsible for defects that may exist within
our web site or any resulting loss of profits or other
damages. Savvy Lane CANNOT AND WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO
ADEQUATELY VERIFY THE INFORMATION THAT WAS SUBMITTED TO
THE MLS.
9. PROPERTY SELLING TOOLS
9.1 Posts. Savvy Lane provides a free yard posts
for our Full and Premium packages, or can be purchased
for an additional fee, from our service providers (see
section 10.3). Majority of our service areas have post
installers but we cannot guarantee that every area does.
If your property falls into an area where we do not have
a service provider, a metal stake or h-frame will be
mailed to you. Savvy Lane does not provide a
refund or credit if your property is in an area that
does not have service providers. Post must be in the
same condition and location as originally provided when
being picked up. Damage to post or loss will result in a
surcharge not to exceed $125 to your Account.
9.2 Key Boxes. Savvy Lane will provide the MLS key
box that is used in your area. They are provided for a
$95 rental fee along with a $95 rebate. The rental fee
is waived in our Premium $895 package. We will mail
instruction for use. Majority of our service areas have
MLS key boxes available, but we cannot guarantee that
every area does. If your property falls into an area
where we do not have a MLS key box we will provide you
with a full refund. You are responsible for the return
and shipping costs involved in order to fully refund the
deposit. You have 14 days after the property has sold,
closed, cancelled or expired to return the rental items.
If not received within 14 days, lost or damaged, there
will be no refund of your deposit. In order to minimize
the risk of key box misuse we recommend against the use
of key boxes on door handles that can be unscrewed from
the outside or on other parts of the property from which
the key box can be easily removed. As agents and their
buyers will have access to your property you should
remove all valuables or put them in a secure place.
Savvy Lane is not responsible for any valuables
lost or stolen during an open house or showings. Savvy
Lane, CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD
YOUR PERSONS OR PERSONAL PROPERTY.
9.3 Directional Arrows and Yard Signs. Directional arrows
and yards signs are considered a one-time use item and
can be recycled when you are finished with them.
9.4 Open House Signs. Open house signs are printed on a
double-sided corrugated plastic with a stake and are
considered a one-time use item and can be recycled when
you are finished with them.
10 THIRD PARTY SERVICE PROVIDERS
10.1 Service Providers. Use of third party service
providers are at your own risk. All Services are
provided "as is" and "as available". Savvy Lane
makes no warranties, guarantees, for services provided
by third party service providers. Service providers
shall use reasonable efforts to meet any performance
expectations and dates specified in the order
confirmation, and any such dates shall be estimates
only. Savvy Lane will not issue refunds or credits
for performances made by our service providers. Savvy
Lane, CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE ARISING FROM OUR SERVICE PROVIDERS. IT IS YOUR
DUTY TO ADEQUATELY SAFEGUARD THEIR PERSONS AND PERSONAL
PROPERTY.
10.2 Professional Photography. Sellers using the Premium
package will receive professional photography provided
by third party professional photographer. Professional
photography can be ordered as an additional item with
any package for $350 and will include 25 photos and a
virtual tour. Savvy Lane will try to ensure
reasonable work but cannot guarantee results. Savvy
Lane, is not responsible for the quantity and
quality of the photos provided. No reshoot or
reimbursement will be provided if you are not satisfied
with the photos provided.
10.3 Posts Installers and Vendors. Sellers using the Full
and Premium package will receive a free post or can be
ordered for an additional fee. Savvy Lane will
provide a third party vendor to install a post on your
property. Savvy Lane will try to ensure the best
placement and diligence by its service providers. If you
are not satisfied with post installation or location a
surcharge not to exceed $45 will be charged to have the
vendor move or reinstall the post. If post is damaged
will on your property a surcharge not to exceed $125 will
be charged to replace the service providers post.
10.4 Virtual Tour. Sellers using the Extended, Full and
Premium package are welcome to include a link to a
virtual tour. For our Premium package Savvy Lane
will use virtual tours constructed by its photographers
or construct one free virtual tour using a third party.
Virtual tour vendors are subject to change at any time
without notification to you. Savvy Lane will not
edit or change the virtual tour once constructed. If you
are not satisfied with the virtual tour they are welcome
to create their own. Savvy Lane will do its best
to construct a quality virtual tour but there are no
refunds or credits for your dissatisfaction with the
virtual tour constructed. Savvy Lane CANNOT AND
WILL NOT BE LIABLE FOR THE CONTENTS WITHIN VIRTUAL TOURS
AND THE SITES THEY LINK TO. ANY DAMAGES OR LEGAL
REPERCUSSIONS WILL BE YOUR SOLE RESPONSIBILITY.
10.5 Third party website placement. Savvy Lane uses
third party sites to provide additional exposure for
your property with our Full and Premium packages.
However, third party sites do not take or require the
same information that the MLS uses. This may result in
errors or missing information on your listing. Some
third party sites may reject your listing or have
listing conflicts. Third party sites are subject to
change without notice. Furthermore Savvy Lane has
no control on how third party sites display or share
your property information. YOU AGREE AND ACKNOWLEDGE
THAT Savvy Lane SHALL HAVE NO LIABILITY WHATSOEVER
CONCERNING CLAIMS RELATED TO YOUR PROPERTY INFORMATION
ON THIRD PARTY SITES.
10.6 Craigslist prohibits "posting agents" to post on
behalf of others. For our Full and Premium packages,
Savvy Lane will email you the Craigslist HTML code
for your listing. You will need to manually create a
Craigslist post and copy and paste the provided HTML
code into the description box. You will need to enter
some basic information first and then manually copy and
paste the provided HTML code into the posting
description box to get your listing onto Craigslist.
Craigslist will send you an email to activate and manage
your post, as usual. Hold onto this so that you can
later edit/delete your post. Listing on Craigslist will
be valid for one week only.
11. PAYMENTS; PENALTY CHARGES; REFUNDS; CANCELLATIONS
11.1 Payments. Payments will be processed before we enter
your property in the MLS or ship your listing tools. We
accept Visa, MasterCard and American Express. If you
wish to take your property off the market, you will not
be charged any cancellation fees. We only offer a
renewal discount on our Full $495 package. The renewal
fee is $295 and must be made before expiration. There is
no discount to renew the Basic $95 or the Extended $295
packages. The Premium $895 package expires in 12 months
of listing but can be renewed, upon request, free of
charge for an additional 12 months.
11.2. Penalty Charges. Charges will be made to accounts
without notification for failing to abide and follow
these Terms. You may request Savvy Lane to order
additional products and services for you and your
account will be charged accordingly.
11.3 Refunds. Full refunds will only be made if your
property has not been listed on the MLS or marketing
materials have not been mailed. After your listing is
entered in the MLS or the ordered products have been
shipped, there are no refunds. Once your listing is
submitted to the MLS, the service you paid for is
provided.
11.4 Cancellations. You may cancel your listing at any
time. Login to your Savvy Lane Account and hit the
cancel listing option. The proper documents will be
e-mailed for your signature. Once received your property
will be removed from the MLS. If you cancel your listing
before we submit your listing to the MLS or cancel
before the product purchases are shipped, you will
receive a full refund.
12. TECHNICAL ISSUES AND BROWSER REQUIREMENTS
To ensure accuracy and the best user experience your
computer and browser must meet the minimum browser and
operating system requirements. Errors such as uploading
photos, changes not saving, and wrong information
submission is not Savvy Lane’s responsibility but
that of the Customer. You will not receive any refund
for technical problems with your Account, listing, or
inability to make changes. FURTHERMORE, Savvy Lane
CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
ARISING FROM TECHNICAL ISSUES.
13. LEGAL CONSIDERATION
Selling and buying real estate is a very serious endeavor
as such, we encourage all parties to consult an
attorney. Furthermore, we encourage and support FAIR
HOUSING LAW in which there are no barriers to obtaining
housing based on race, color, religion, sex, handicap,
marital status and national origin. You agree to hold
Savvy Lane harmless from any and all claims or
damages arising from you providing incomplete and/or
inaccurate information to us. Savvy Lane is not
responsible for the content of any off-site pages or any
other sites linked to our site. Furthermore Savvy Lane,
is not responsible for any damages that may arise
from an open house or from licensed agents showing the
property, including loss or injury to persons or
property. The information provided in our site are meant
for Customers and potential Customers interested in
buying and selling real estate and agents who represent
buyers interested in buying properties. All property
forms provided on our site are the copyright of the MLS
and must be used by a licensed agent. Use of the
information provided in our website for any other
purpose is not permitted. We reserve the right at our
discretion to modify our policies at any time without
prior notice.
14. DISCLAIMERS
Savvy Lane uses reasonable efforts to include and
use up-to-date information, we make no warranties or
guarantees as to the accuracy of that information or the
information within our website. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE
MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN
A WRITING BY US; (B) WE DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE
SERVICES, INCLUDING THE INFORMATION, CONTENT AND
MATERIALS CONTAINED THEREIN; (C) WE DO NOT REPRESENT OR
WARRANT THAT CONTENT, MATERIALS OR FUNCTIONS OF THE
SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE; (D) WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL
ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND
(E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF
THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR
WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU
SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES FROM ANY DOWNLOAD. SOME JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN
CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE
DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
15. INDEMNITY
To the fullest extent permitted by applicable law, you
agree to indemnify, defend and hold harmless, Savvy
Lane, and our past, present and future employees,
officers, directors, contractors, consultants, equity
holders, vendors, service providers, parent companies,
subsidiaries, affiliates, agents, representatives,
predecessors, successors and assigns, brokers and agents
(the "Savvy Lane Parties") from all Savvy Lane,
or third party claims of any kind, whether in tort,
contract or otherwise (collectively, "Claims"),
including damages to property or personal injury, that
arise from or relate to:
▪ your access to or use or misuse of our Services and
Materials;
▪ any Feedback you provide;
▪ your violation of these Terms;
▪ your violation of the rights of any third party; or
▪ any third party’s use or misuse of the Services
provided to you.
This indemnity obligation includes paying for Savvy Lane,
Inc.’ attorneys’ fees and other costs of investigating
and defending Claims, and the costs of enforcing the
indemnity obligation.
You agree to promptly notify Savvy Lane of any
third party Claims and cooperate with the Savvy Lane,
Parties in defending such Claims. You further agree
that the Savvy Lane Parties shall have control of
the defense or settlement of any third party Claims.
This indemnity is in addition to, and not in lieu of,
any other indemnities set forth in a written agreement
between you and Savvy Lane.
16. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN
NO EVENT SHALL Savvy Lane OR ANY OF THE OTHER
Savvy Lane PARTIES BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED
TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR
DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR
SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION)
ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR
USE OF THE SERVICES OR MATERIALS OR OTHERWISE RELATED TO
THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES
CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY
INFORMATION OBTAINED FROM Savvy Lane OR FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES
OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN
HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM
ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO Savvy Lane’ RECORDS,
PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION,
WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE
OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL
OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF
WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) IN NO
EVENT SHALL THE AGGREGATE LIABILITY OF Savvy Lane
AND THE Savvy Lane PARTIES (JOINTLY), WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER
ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT
LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO
THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING
MATERIALS AND FUNCTIONS CONTAINED THEREIN EXCEED ANY
COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE
OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act
and other applicable laws, we have adopted a policy of
limiting access to the Services by, or terminating the
accounts of, users, in appropriate circumstances and in
our sole discretion, who infringe the intellectual
property rights of others. If you believe that anything
on the Services infringes any copyright that you own or
control, you may file a notification of such
infringement with our designated agent as set forth
below:
Name of Designated Agent: Beata Miklos
Address: 326 Admiral Way #220, Edmonds, WA 98020
Phone: 1-800-915-9174
Fax: 1-800-915-7583
Email: beata@savvylane.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of
a proper notification. You should also note that if you
knowingly make any material misrepresentation in your
notification that the material or activity is
infringing, you will be liable for any damages,
including, without limitation, costs and attorney's’
fees, incurred by us or the alleged infringer as the
result of our relying upon such misrepresentation in
removing or disabling access to the material or activity
claimed to be infringing.
18. USER CONDUCT
You agree that you will not violate any law, contract,
intellectual property or other third party right or
commit a tort, and that you are solely responsible for
your conduct, while accessing or using the Services. You
agree that you will abide by these Terms and will not:
▪ Engage in any harassing, threatening, intimidating,
predatory or stalking conduct;
▪ Use or attempt to use another user’s account without
authorization from such user and Savvy Lane;
▪ Use the Services in any manner that could interfere
with, disrupt, negatively affect or inhibit other users
from fully enjoying the Services or that could damage,
disable, overburden or impair the functioning of the
Services in any manner;
▪ Reverse engineer any aspect of the Services or do
anything that might discover source code or bypass or
circumvent measures employed to prevent or limit access
to any content area or code of the Services;
▪ Attempt to circumvent any content-filtering techniques
we employ or attempt to access any feature or area of
the Services that you are not authorized to access;
▪ Develop any third party applications that interact with
the Services without our prior written consent;
▪ Use any robot, spider, crawler, scraper, script,
browser extension, offline reader or other automated
means or interface not authorized by us to access the
Services, extract data or otherwise interfere with or
modify the rendering of Site pages or functionality;
▪ Bypass or ignore instructions contained in the
robots.txt file, accessible at
http://www.savvylane.com/robots.txt that controls all
automated access to the Services; or
▪ Use the Services for any illegal or unauthorized
purpose, or engage in, encourage or promote any activity
that violates these Terms.
19. USER CONTENT
The Services may include interactive features and areas
that allow users to create, post, share or store
content, including, but not limited to, listings,
photos, videos, music, sound, text, graphics, code,
items or other materials (collectively, "User Content").
In the event you decide to share your User Content with
others through the Services or third party platforms,
you understand that this User Content will be viewable
by others in accordance with the privacy settings you
establish.
In providing us with information during the listing
process, you agree to provide true, accurate, current
and complete information and to maintain and update such
information to keep it true, accurate, current and
complete at all times. If any information you provide is
untrue, inaccurate, not current or incomplete, or if we
reasonably believe so, we may suspend or terminate your
account and services at any time. You are solely
responsible for all changes or omissions that occur
under your account, including the accuracy and
completeness of all content that you or anyone using
your account make.
By using the interactive features and areas of the
Services, you further agree not to create, post, share
or store any of the following:
• User Content that is unlawful, libelous, defamatory,
obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity
rights, abusive, inflammatory, fraudulent or otherwise
objectionable;
• User Content that would constitute, encourage or
provide instructions for a criminal offense, violate the
rights of any party or otherwise create liability or
violate any local, state, national or international law;
• User Content that may infringe any patent, trademark,
trade secret, copyright or other intellectual or
proprietary rights of any party;
• User Content that contains or depicts any statements,
remarks or claims that do not reflect your honest views
and experiences;
• User Content that impersonates, or misrepresents your
affiliation with, any person or entity;
• User Content that references or depicts Savvy Lane,
or our Services but fails to disclose a material
connection to us, if you have one (for example, if you
are a Savvy Lane employee);
• User Content that contains any unsolicited promotions,
political campaigning, advertising or solicitations;
• User Content that contains any private or personal
information of a third party without such third party’s
consent;
• User Content that contains any viruses, corrupted data
or other harmful, disruptive or destructive files or
content; or
• User Content that, in our sole judgment, is
objectionable or that restricts or inhibits any other
person from using or enjoying the Services, or that may
expose Savvy Lane or others to any harm or
liability of any type.
We are not responsible or liable for any User Content.
Although we have no obligation to screen, edit or
monitor User Content, we reserve the right, and have
absolute discretion, to remove, screen or edit User
Content posted or stored on the Services at any time and
for any reason, and you are solely responsible for
creating backup copies of and replacing any User Content
you post or store on the Services at your sole cost and
expense.
20. RIGHTS IN USER CONTENT
We do not claim any ownership interest in your User
Content. However, by uploading, posting or submitting
User Content to the Services, you hereby grant Savvy
Lane, a nonexclusive, royalty-free, worldwide,
perpetual, irrevocable and fully sublicensable right and
license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
perform and publicly display your User Content, in whole
or in part, and your name, likeness, voice and persona
in any manner or media and for any purpose whatsoever at
our sole discretion, including, without limitation, for
publicity, promotional, advertising, trade, business,
illustration, artistic and other commercial and
noncommercial purposes.
By uploading, posting or submitting User Content, you
represent and warrant that (a) such User Content is
non-confidential, (b) you own and control all of the
rights to the User Content or you otherwise have all
necessary rights to post such User Content, (c) you
authorize Savvy Lane to use such User Content for
the purposes described in these Terms, (d) the User
Content is accurate and not misleading or harmful in any
manner, and (e) the User Content, and your use and
posting thereof, does not and will not violate these
Terms or any applicable law, rule, regulation or third
party right.
21. FEEDBACK
Separate and apart from User Content, you can submit
questions, comments, suggestions, ideas, original or
creative materials or other information about Savvy
Lane, or the Services (collectively, "Feedback").
Feedback is non-confidential and shall become the sole
property of Savvy Lane. Savvy Lane shall own
exclusive rights, including, without limitation, all
intellectual property rights in and to such Feedback and
shall be entitled to the unrestricted use and
dissemination of this Feedback for any purpose,
commercial or otherwise, without acknowledgment or
compensation to you.
22. MODIFICATIONS TO THE SERVICES
Savvy Lane reserves the right to modify, change,
update, remove, or discontinue, suspend or stop
providing access to the Services (or any features or
functionality of the Services) at any time without
notice and without obligation or liability to you.
23. GOVERNING LAW AND VENUE
These Terms and your access to and use of the Services
shall be governed by and construed and enforced in
accordance with the laws of the State of Washington,
without regard to conflict of law rules or principles.
Any Dispute between the parties that is not subject to
arbitration or cannot be heard in small claims court,
shall be resolved in the state or federal courts of the
State of Washington and the United States, respectively,
sitting in King County, Washington.
24. TERMINATION
Notwithstanding anything contained in these Terms, we
reserve the right, without notice and at our sole
discretion, to terminate your right to access or use the
Services, and to block or prevent your future access to
and use of the Services.
25. SEVERABILITY
If any term, clause or provision of these Terms is held
invalid or unenforceable, then that term, clause or
provision will be severable from these Terms and will
not affect the validity or enforceability of any
remaining part of that term, clause or provision, or any
other term, clause or provision of these Terms.
26. QUESTIONS
We do our best to provide outstanding customer service.
If there is any problem, please call us directly during
our normal business hours, 7-days a week, Mon-Fri 9 AM -
6 PM, Sat-Sun 10 AM - 3 PM.
Savvy Lane
Phone: 800-915-9174
Fax: 800-915-7583
326 Admiral Way #220
Edmonds, WA 98020
Your satisfaction is our #1 priority!
