Terms of Service
Brivity.com (“Site”) is operated by Brivity, Inc. (Brivity). Throughout the site, the terms “we”, “us” and “our” refer to Brivity, Inc. Brivity, Inc. offers this website, including all information, tools and services available from this Site (collectively, “Services”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
By visiting the Site and/or purchasing our Services, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, clients, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By agreeing to these Terms of Service, you represent that you are at least 18 years old and are otherwise legally qualified to enter into contracts under applicable law. Any individual using the Services on behalf of a corporate entity or business further represents and warrants that they are authorized to act and enter into contracts on behalf of said corporate entity or business.
We reserve the right to refuse service to anyone for any lawful reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
CHANGE & DISCONTINUANCE
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from Brivity in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that Brivity provides you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about Brivity and special offers. You may opt out of such email by changing your account settings or sending an email to: firstname.lastname@example.org. Opting out may prevent you from receiving messages regarding the Company and special offers.
Brivity.com imposes certain restrictions on the use of the Site and Services. By visiting the Site you represent and warrant that you will not: (1) use the Site or Services for unauthorized, unlawful or unethical purposes; (2) solicit others to perform or participate in any unlawful acts; (3) provide false, misleading, or inaccurate information to the Site, the Site’s users, or Brivity; (4) use the Site or Services to phish, pharm, spam, spider, crawl, or scrape; transmit any worms, viruses, robots, spiders, or any code that damages, disables, impairs, or overburdens the Site; (5) attempt to gain unauthorized access to the Site; (6) reverse assemble, reverse compile, or reverse engineer the Site or any of the Site’s features in whole or in part, or allow or encourage any third party to do so; (7) access or attempt to access any of the Site’s data by any means other than through the interface provided by the Site; (8) interfere with or circumvent the security features of the Service or any related website; (9) infringe upon or violate our intellectual property rights or the intellectual property rights of Brivity or others; (10) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or unlawfully discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally protected class; or (11) use the Site or Services for any obscene or immoral purpose.
A breach or violation of any of the Terms will result in an immediate termination of your Services, the forfeiture of any funds paid to Brivity, and may subject you to civil and criminal penalties.
The Site and Services are the property of Brivity, and subject to the intellectual property rights of Brivity and its licensors.
All websites designed and hosted by Brivity shall display the language “Powered by Brivity.” Brivity requires this language and the accompanying link for the purposes of reporting copyright infringement and other matters related to Brivity’s legal rights and obligations.
CLAIMS OF COPYRIGHT INFRINGEMENT
Brivity respects the intellectual property rights of others, and asks 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 Brivity’s legal department in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
Attention: Legal Department
2211 Rimland Drive, Suite 124 Bellingham, WA 98226
Attention: Copyright Agent
Contact our Support Team if you have any questions. If you contact us by email or after-hours by phone, please allow up to 24 hours for someone to respond
BRIVITY BROKER IDX WEBSITE
Clients who purchase a subscription to Brivity’s broker IDX website will be provided with a customized instance of customer-facing Brivity broker IDX website (“Website”), subject to the following conditions:
Brivity shall integrate Client’s MLS IDX data feed with those MLS Boards identified by Client. In some instances, Brivity may, at its sole and absolute discretion, configure multiple MLS feeds into a single platform. Multiple MLS feeds may be subject to additional charges to be determined by Brivity.
Client warrants that: (1) Client is an owner/operator or a licensed agent with a brokerage; (2) Client is an active and licensed member of its respective MLS; (3) Client maintains its own MLS/IDX account with said MLS, and is not a licensee of such an account from a third party; (4) Client shall obtain and maintain all appropriate licenses to secure an IDX feed from its respective MLS; and (5) Client shall obey all rules and regulations, necessary to obtain said IDX feed.
Client agrees to promptly notify Brivity of any change to the IDX data feed or MLS user agreement that may affect the Site, including changes to Brivity’s Client’s right to use or integrate MLS data on or into the Site.
Client understands and agrees that if Client’s IDX provider or MLS Board(s) mandate changes in code, display, charges, or other requirements for use on the Site, Brivity may, at its sole and absolute discretion, elect to refuse to comply with said mandate(s). If this occurs, Client agrees that Brivity shall have no liability to Client for such non-compliance and/or any resulting termination of access to the data feed.
Excluding scheduled maintenance and circumstances beyond Brivity’s control (e.g. telecommunications failures, denial of service attacks, force majeure events, etc.), Brivity will use reasonable effort and care to ensure that the Site will be accessible at least 98% of the time on a monthly basis.
Brivity will provide Client with one instance of Brivity CRM account. Client may only permit up to the maximum number of unique users to use its Brivity CRM account, as specified in your Brivity Receipt of Purchase.
Client understands and agrees that features of the Brivity CRM may periodically change and Brivity reserves the right to charge for new features that may be included in future releases.
Brivity Leads, Advertising, and Marketing Tools
Brivity warrants to use commercially reasonable efforts and its best, professional judgment to provide its leads, advertising, and marketing services; nevertheless, Brivity does not guarantee any level of traffic to the Site or that Client’s revenues or profits will increase as the result of said service.
Customer Support and Training Services
Brivity provides its Clients with a wide variety of customer support and training services, including webinars, online articles, and in-person support via email, chat, or over the phone. Brivity reserves the right to periodically, update and change the services offered. Brivity may offer certain services and training modules at an additional fee.
Client agrees to pay Brivity a one time, non-refundable set-up fee, the cost of which shall be stipulated in your Brivity Receipt of Purchase.
Client agrees to provide Brivity, within seven (7) business days of Client’s executed agreement, access to the IDX data feed and other information, such as domain name, branding, content, and any other data necessary to implement the services (the “Implementation Data”). Upon receipt of the Implementation Data, Brivity will notify Client of the launch date for Client’s website. Failure to provide the Implementation Data within seven (7) business days may result in a delay in the launch date, or at Brivity’s sole and absolute discretion, Brivity may launch Client’s website using only the Implementation Data Brivity then possesses.
Client’s refusal or unnecessary delay in providing the Implementation Data shall constitute a material breach of this Agreement and result in the termination of this Agreement. In the event that this Agreement is terminated, Client understands and agrees that the Purchase Price and any set-up fees are non-refundable.
Domain Name and Content
Brivity reserves the right to refuse the use of any domain name or content for any reason in its sole and absolute discretion, including, but not limited to material that Brivity considers to be illegal, offensive, a violation of another party’s rights, or otherwise inappropriate.
Client warrants that all Client provided branding shall be compliant with all applicable federal, state and local laws, as well as all Multiple Listing Service (MLS) requirements. Client shall be solely responsible for any Client provided branding that is not compliant with applicable laws, MLS requirements, or infringes the rights of third parties.
Brivity CRM clients will be provided with one Brivity CRM account. Client may only permit up to the maximum number of unique users to use its Brivity CRM account, as specified in Client’s Brivity Receipt of Purchase.
Client agrees to pay all amounts promptly when due as stipulated on the Client’s Brivity Receipt of Purchase. Any fees not paid within seven (7) business days of the due date will be assessed a 10% late fee (“Late Fee”). If Client fails to pay any amounts due, including any Late Fees, within thirty (30) days of the due date, Brivity may, at its sole and absolute discretion, suspend the Services or terminate the Agreement.
Fraudulent Credit Card Charges or Fraudulent Claims
All requests to negate charges are investigated by our legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. A fraudulent report may result in cancellation of card services, negative information on your credit report, even the possibility of criminal charges filed against you.
The initial term of the Client’s monthly subscription will commence on the Launch Date and will automatically renew the following month, and each month thereafter, on the anniversary date of my Sign Up Date.
Termination ‘without Cause’
Client or Brivity may cancel Client’s subscription by submitting a written notice of cancellation to Brivity at least 30 days prior to the expiration of the then-current term.
Termination ‘for Breach’
In the event of Client’s material breach of any Terms or provision of these Terms of Service, Brivity may terminate this Agreement at any time and without notice. Brivity may, at its sole and absolute discretion, elect to notify Client of the material breach and provide Client with ten (10) days to cure said breach or breaches.
Effect of Termination
Upon termination of this Agreement, Client has no further right to access or use the Website or any of the Services stipulated in this Agreement or in the Client’s Brivity Receipt of Purchase. All licenses granted to Client hereunder shall terminate. Any obligations and liabilities of the Client incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Since Brivity is offering non-tangible, irrevocable goods Client understands and agrees that the Purchase Price, any set-up fees, and any other amounts due Brivity are non-refundable. However, if Brivity elects to execute a Termination ‘without cause’ then Brivity will refund to client a pro-rated share of the purchase price, minus any and all set-up fees.
Brivity reserves the right to modify this Refund Policy at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on Brivity Web sites. You agree to periodically review our Web sites, including the current version of our Refund Policy. Our refund policy is made available on our Web sites. It is your obligation to review our refund policy for any such revisions.
LINKED MATERIALS AND THIRD-PARTY MATERIALS
The Services include links to third-party products, services and web sites, as well as materials provided by third parties. Brivity does not endorse, and takes no responsibility for such products, services, web sites, and materials. You understand that Brivity has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Brivity takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Brivity PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Brivity AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Brivity AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
LIABILITY LIMITATION & EXCLUSIVE REMEDY
You agree to defend and hold Brivity, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Service, your use of the Services, your violation of any law or the rights of a third party, or any submission made through your user account on the Services or that you otherwise make available through the Services.
You release Brivity, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
CHOICE OF LAW & DISPUTES
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Brivity may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service without Brivity’s prior written consent, and any unauthorized assignment and delegation by you is void.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of Brivity to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and Brivity and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).