LionDesk Terms of Use

You trust in us, so we promise not to break it.

LIONDESK TERMS OF USE

Effective: August 15, 2018

 

            Before you begin using LionDesk.com, RealtyLion.com, or any subdomains thereof (collectively, the “LionDesk Websites”), you must read and agree to these Terms of Use, including any future amendments (collectively, the "TOU"), and the LionDesk Privacy Policy.

  1. Acceptance of Terms. This Terms of Use constitutes a binding agreement between you and LionDesk (referred to in this TOU as “we”, “us”, or “LionDesk”). THIS TOU AFFECTS YOUR RIGHTS AND YOU SHOULD READ IT CAREFULLY. By using the LionDesk Websites, you certify that you have read and accept this TOU. If you do not agree to the terms of this TOU, you must immediately cease using the LionDesk Websites. Nothing in this TOU shall be deemed to confer any third-party rights or benefits.
  2. Changes to LionDesk Websites or TOU. We reserve the right to modify, alter, remove, or add improvements to this TOU, the LionDesk Websites, information, services, products or other materials on the LionDesk Websites at any time. We will notify you of any changes to this TOU by posting the new TOU here with the new effective date at the top of this TOU. It is your responsibility to regularly review this TOU for any modifications. Your access to or use of the LionDesk Websites after any modification to this TOU shall constitute your acceptance and agreement with the new Terms. If you do not agree with the new Terms, you must immediately cease using the LionDesk Websites.
  3. License. LionDesk grants you a non-exclusive, non-transferable, revocable limited license to access and use the LionDesk Websites for your personal, non-commercial use. The license granted under this Agreement is specific to you and cannot be transferred, sublicensed, or assigned without the prior written consent of LionDesk. LionDesk reserves the right to pursue any available legal remedies for your unauthorized use of the LionDesk Websites.
  4. Restrictions. You agree to comply with all applicable laws, rules, and policies of the United States of America and your country of residence, and all LionDesk rules and policies, all as may be amended from time to time, in your use of the LionDesk Websites. You acknowledge that you are prohibited from:
  5. using the LionDesk Websites to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, contains viruses or other malicious code or software, or is otherwise objectionable as reasonably determined by LionDesk;
  6. reselling, commercially exploiting, decompiling, disassembling, translating, or creating derivatives of the LionDesk Websites or any content on the LionDesk Websites;
  • using the LionDesk Websites in a manner that infringes LionDesk’s proprietary rights;
  1. interfering with any other user’s use or enjoyment of the LionDesk Websites;
  2. using any robot, spider, worm, other automated device, or manual process to monitor or copy any content from the LionDesk Websites;
  3. removing any proprietary notices from the LionDesk Websites or their content;
  • intercepting or attempting to intercept any communications through the LionDesk Websites;
  • making any false or misleading statements about the LionDesk Websites or LionDesk Websites; or
  1. using the LionDesk Websites in violation of any applicable law, regulation, guideline or policy, including without limitation those relating to privacy or data security.

 

A violation of any of the foregoing may result in immediate termination of your access to the LionDesk Websites and may subject you to state and federal penalties and other legal consequences. LionDesk reserves the right, but shall have no obligation, to investigate your use of the LionDesk Websites in order to determine whether a violation of this TOU has occurred or to comply with any applicable law, regulation, legal process or governmental request.

  1. Third-Party Websites. The LionDesk Websites may link to websites or content owned by third-parties (the “Third-Party Sites”). LionDesk is not responsible for the availability, accuracy, content, products, advertising, or other material made available through any Third-Party Site, nor does LionDesk have any obligation to monitor such Third-Party Sites or content on those Third-Party Sites. LionDesk does not endorse or guarantee any Third-Party Sites to which the LionDesk Websites link or are linked from. You should read the Terms of Use and Privacy Policy for any Third-Party Site you visit and contact the administrator with any questions or concerns.
  2. User Generated Content. Certain pages or portions of the LionDesk Websites, including but not limited to the blog commenting feature, may allow you to upload, post, or transmit information or messages. By submitting any text, photographs, images, drawings, audio, video or other materials (the “User Content”), you grant to LionDesk a worldwide, perpetual, nonexclusive, transferable irrevocable license to use the User Content for any lawful purpose, including but not limited to modifying, reformatting, distributing, publicly performing, displaying, and creating derivative works of your User Content, subject to the LionDesk Privacy Policy. You acknowledge and agree LionDesk may monitor, alter, or remove from the LionDesk Websites any User Content provided by you without prior notice or obligation to you. You acknowledge that you have no expectation of privacy or confidentiality in any User Content you post or transmit via the LionDesk Websites. By uploading any User Content, you represent and warrant to LionDesk that your User Content:
  3. is not unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable, as reasonably determined by LionDesk;
  4. does not contain any viruses, worms, spiders, robots, Trojan horses, time bombs, ransomware, or other malicious code or automated device;
  • does not contain any false or misleading statements;
  1. does not violate any applicable law, regulation, guideline or policy, including without limitation those relating to privacy or data security.
  2. Accounts. If you sign up to use the LionDesk platform of services and applications (the “LionDesk Services”), you will be required to create an account and provide billing information to LionDesk. You acknowledge that you will be required to accept the terms of the LionDesk End User License Agreement (EULA) prior to your use of the LionDesk Services and will be bound by its terms in your use of the LionDesk Services. In the event of any inconsistency between the terms of this TOU and the EULA, the terms of the EULA shall govern.
  3. Intellectual Property Rights. You acknowledge that LionDesk owns all right, title and interest in and to the LionDesk Websites, including but not limited to all copyright, trademark, service mark, trade secret, patent, and other intellectual property rights (the "LionDesk Rights"), and such LionDesk Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, remove any intellectual property notice, or create derivative works from the LionDesk Websites. The LionDesk Rights do not include third party content displayed on or accessed through the LionDesk Websites.

You acknowledge that the LionDesk name, logo, and other product/service names, brands, slogans and other marks are the trademarks or servicemarks of LionDesk (collectively, the “Trademarks”). You are prohibited from using the Trademarks for any purpose, including without limitation to suggest LionDesk endorses or supports you, your business, or your products/services without the prior express written consent of LionDesk.

  1. Termination. We reserve the right to suspend, disable, or terminate the LionDesk Websites, or your access to the LionDesk Websites, for any reason at any time with or without notice to you.
  2. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to LionDesk is correct and current and you are authorized to provide such information to LionDesk; (b) you will use the LionDesk Websites only as authorized in this TOU; (c) you will comply with all applicable laws, rules, and regulations in your use of the LionDesk Websites; and (d) you have all necessary right, power and authority to enter into this TOU and to perform the acts required of you by this TOU.
  3. Indemnification. You agree to hold harmless and indemnify LionDesk and all of its directors, officers, affiliates, parent and subsidiary companies, shareholders, members, agents, affiliates, licensors, other independent contractors and employees from and against any third party claim arising from or in any way related to your breach of this TOU or your use of the LionDesk Websites, including any liability or expense arising from all claims, losses, actual and consequential damages, suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, LionDesk will provide you with written notice of such claim, suit or action.
  4. Disclaimer. You understand and agree that the LionDesk Websites are provided on an “AS IS” and “AS AVAILABLE” basis. LionDesk disclaims all responsibility and liability for the availability, timeliness, accuracy, security or reliability of the LionDesk Websites. LionDesk also reserves the right to modify, suspend or discontinue the LionDesk Websites with or without notice at any time and without any liability to you. LionDesk is not responsible or liable for any direct or indirect loss of business or revenue resulting from malfunctions, failures, delays, software or hardware failures, programming bugs, downtime or maintenance of the LionDesk Websites. LionDesk is not responsible for nonperformance caused by acts of God or governmental authority, strike or labor disputes, breach of contract by suppliers, or any other cause beyond the reasonable control of LionDesk. LionDesk will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. EXCEPT FOR ANY WARRANTIES PROVIDED BY LIONDESK TO YOU IN WRITING, LIONDESK AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE LIONDESK WEBSITES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF PERFORMANCE, QUIET ENJOYMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LIONDESK DISCLAIMS ANY WARRANTIES OF UNINTERRUPTED, SECURE OR ERROR-FREE SERVICE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE LIONDESK WEBSITES MAY BE INTERCEPTED BY THIRD PARTIES AND AGREE THAT ACCESS TO AND USE OF THE LIONDESK WEBSITES IS AT YOUR OWN RISK.
  5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, SHAREHOLDERS, OFFICERS, AFFILIATES, PARENT AND SUBSIDIARY COMPANIES, MEMBERS, AGENTS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF SUBSTITUTE DATA, OR OTHER SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE LIONDESK WEBSITES INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THE LIONDESK WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF THE LIONDESK WEBSITES, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THE LIONDESK WEBSITES, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE LIONDESK WEBSITES.

YOU ACKNOWLEDGE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO BE UNENFORCEALE, LIONDESK’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE THE TOTAL AMOUNT PAID BY YOU TO LIONDESK IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

  1. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws, provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the LionDesk Websites will be brought solely in the federal or state courts located in San Diego County, California, and you consent to the jurisdiction of such courts.
  2. Jurisdictional Issues. We operate and provide the LionDesk Websites from our offices in the United States of America. If you reside outside the U.S., any information you enter into the LionDesk Websites may be transmitted outside your country of residence to the U.S. and you acknowledge the data protection laws of the U.S. may be less strict than laws in your country of residence. By entering any information into the LionDesk Websites, you acknowledge and agree to the transmission of such information.
  3. Privacy Policy. We are committed to protecting your privacy and security and have explained in detail how we use your information in our Privacy Policy, incorporated herein by reference. You should read our Privacy Policy before you use the LionDesk Websites.
  4. AccessibilityWe are committed to making the LionDesk Websites accessible for all to use. We have taken steps and regularly assess the LionDesk Websites to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the LionDesk Websites, please contact us at info@liondesk.com.
  5. No Professional Advice. The LionDesk Websites are provided for informational purposes only. Nothing on the LionDesk Websites is intended to be, or should be construed as providing any legal, accounting, real estate agency, or other professional advice. You should contact a qualified professional in your jurisdiction prior to making any decisions based on information available on the LionDesk Websites.
  6. Notices. Any notices you send to us pursuant to the terms of these Terms of Use shall be in writing and sent by nationally-recognized courier service or certified mail, return receipt requested, to LionDesk at:

LionDesk, Inc.

1530 Faraday, Suite 200

Carlsbad, CA 92008

1-760-501-8582

contact@liondesk.com

 

or to you at the email address or address you provide to LionDesk during your use of the LionDesk Websites or such other addresses as ether party may specify in writing. Notice shall be effective upon receipt.

  1. Assignment. LionDesk may assign its rights under this TOU in connection with a merger, consolidation, acquisition or reorganization at any time without prior notice to you. You are prohibited from assigning your rights under this TOU without the prior written consent of LionDesk, which may be withheld in LionDesk’s sole discretion.
  2. Miscellaneous. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You acknowledge that nothing in this TOU or in the relationship created herein shall be construed as a joint venture, partnership, agency or third-party beneficiary relationship. Any failure by LionDesk to assert any rights it may have under this TOU does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.