Terms & Conditions
Terms & Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services.
General
This Website is provided "as is" without a warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. This Website may include inaccuracies or typographical errors. Changes and additions are routinely made to the information herein. We may make additions and/or changes to this Website and/or the services described herein at any time.
Calls & Emails
If you, as a consumer, provide a real estate agent with your phone number through the Services, you consent to our and the real estate agent’s using your phone number to deliver or cause to be delivered to you at that phone number telemarketing calls (which may use an automatic telephone dialing system) and artificial or prerecorded voice or text messages. If you do not wish to receive such calls or messages, you may opt out. You further consent to our sharing your phone number to our or the real estate agent’s partners. You release us and the real estate agent from any possible liability or claim stemming from our use of your phone number, including but not limited to claims arising from the Telephone Consumer Protection Act. You understand that you are not required to provide this consent and authorization and that it is not a condition to qualify for a loan or to receive any good or service.
Links To Other Websites
Our Services may contain links to third-party websites or services that are not owned or controlled by Lofty. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Lofty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Limitation of Liabilities
Neither lofty nor any of its owners, affiliates, licensors or licensees shall have any liability for any errors, inaccuracies, omissions, or other defects in the information contained within this website. In no event shall lofty, its owners, affiliates, licensors or its licensees or providers be liable to you or anyone else for any damages, other than direct damages, arising out of your access to or use of, or inability to use, this website or any information, products or services available through this website, including, without limitation, any special, indirect, consequential, punitive, exemplary or similar damages whatsoever (including, without limitation, damages for lost revenues or profits, or loss of business or data), even if lofty or any such other person has been advised of the possibility of such damages.Without limiting the foregoing, you agree that the entire liability, if any, of Lofty, its owners, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, this Website or any information, products or services available through this Website will not exceed the amount that you paid to Lofty, if any, for (i) the use of this Website or (ii) such information, products or services. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Release & Indemnity
You agree to release, defend and hold harmless Lofty, its owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney's fees, arising from or relating to: (i) your breach of this Agreement or any matter for which you are responsible or liable under the terms of this Agreement, or (ii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.
Copyright & Trademarks
Copyright in this Website is owned by Lofty and this Website may only be used for informational purposes. The content displayed on this Website, including but not limited to the Website's look and feel, layout, text, graphics, images, sound or video materials, designs, the URL and software (collectively "Content"), is either the property of, or used with permission by Lofty and is protected by United States and international copyright and trademark laws. All rights, including but not limited to, copyright, title and interest in the Content belong to Lofty and/or its respective owners. The compilation (meaning the collection, arrangement and assembly) of all Content on this Website is also the exclusive property of Lofty and/or its respective owners and protected by U.S. and international copyright laws.The trademarks, service marks, trade names, domain names and logos ("Trademarks") displayed on this Website are either pending, registered or unregistered Trademarks of Lofty or their respective owners. You may NOT use any of the Trademarks without express written authorization of Lofty or the respective owners.You are strictly prohibited from reproducing, republishing, copying, transmitting, distributing in any form, or by any means, any Content. You may not modify, adapt, reverse engineer or in any way exploit any of the Content in whole or in part, except as expressly stated otherwise in Terms of Use or Visitor Agreement (if posted on this Website) and/or the prior written consent of the owner of the Content. Any unauthorized use of the Content is a violation of copyright laws and trademark laws, and may also violate laws of privacy and publicity, and/or communications regulations and statutes. Any of the aforementioned violations may subject you to criminal penalties.
Claims of Copyright Infringement
We respect the intellectual property rights of others, and ask that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify us by providing the
following information:
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the we can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the Lofty may contact you about your complaint;
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
If you give notice of copyright infringement by email, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.
Ownership & License
This Website and all content displayed on this Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by Lofty, its owners, affiliates, licensors or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties, including, without limitation, applicable intellectual property laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Website except as expressly authorized in this Agreement, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. All rights not expressly granted to you by us in this Agreement are reserved to Lofty and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from the Website as authorized hereunder.
Changes
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.