1. PAYMENT TERMS
If you are a person (individual or entity) who has entered into a specific License Agreement with Pavaso, the payment for the use of Pavaso technologies (e.g. platforms, software, portals applications, websites; collectively “Products or Services”) in a real estate transaction will be governed by your specific License Agreement.
If you are a buyer, borrower, or seller in a real estate transaction in which Pavaso Products or Services will be utilized by a title agent, title insurer, financial institution, settlement services provider, or similar entity involved with your real estate transaction, any charges for the use of Pavaso Products or Services are routinely paid as part of, or through the real estate transaction. Please confer with your title company, lender, or similar company regarding potential charges for Pavaso Products or Services incurred in conjunction with your real estate transaction or closing.
By using the Site or Products or Services:
- A. You agree to these terms.
- B. You fully understand and agree that you have established a business relationship with Pavaso.
- C. You are an adult resident of the United States of America (USA).
REQUIREMENTS FOR USE OF SERVICES
In order to use the Services, you must be 18 years of age or older.
As a registered user of the Products or Services, you agree to provide accurate and complete information when you register with, and as you use, the Products or Services (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that Pavaso may store and use the Registration Data for providing the contemplated Products or Services.
Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Pavaso of any security breach of your Account. Pavaso shall not be responsible for any losses arising out of the unauthorized use of your Account.
USE OF PRODUCTS OR SERVICES
You agree not to use the Products or Services in any manner that could damage, disable, overburden, or impair the Products or Services (or connected servers or networks), nor may you use the Products or Services in any manner that could interfere with any other party’s use and enjoyment of the same (or servers or networks connected to the Products or Services). You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Products or Services for any reason—or to attempt or assist another person to do so. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software, or Products or Services in any manner or form, or to use modified versions of the software or Products or Services for any purposes including obtaining unauthorized access to them. Violations of system or network security may result in civil or criminal liability.
You acknowledge some aspects of the Products or Services entail the ongoing involvement of Pavaso. If Pavaso changes any part of or discontinues the Products or Services, or any portion or aspect thereof, which Pavaso may do at its election, you may not be able to use Products or Services to the same extent as prior to such change or discontinuation, and that Pavaso shall have no liability to you in such case.
SUBMISSIONS TO THE SERVICES
The Products or Services offer interactive features that allow you to submit materials accessible and viewable by other parties to your transaction. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct. You agree to provide accurate and complete information in connection with your submission of any materials on the Products or Services.
CONSENT TO USE OF DATA
You agree that Pavaso may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Products or Services. Pavaso may use the information, provided it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
The license is effective until terminated by you or Pavaso. Your rights under this license will terminate automatically without notice from Pavaso if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Products or Services.
You agree that the Products or Services contain proprietary content, information and material that is owned by Pavaso, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Products or Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Pavaso. No portion of the Products or Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Products or Services in any unauthorized way whatsoever, including but not limited to, using the Products or Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Products or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pavaso is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Products or Services.
In addition, Products or Services are not available in all languages or in all countries or regions. Pavaso makes no representation that such Products or Services are appropriate or available for use in any particular location. To the extent you choose to use or access such Products or Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pavaso reserves the right to change, suspend, remove, or disable access to any Products or Services at any time without notice. In no event will Pavaso be liable for the removal of or disabling of access to any such Products or Services. Pavaso may also impose limits on the use of or access to certain Products or Services, in any case and without notice or liability.
Any material you upload for use and display cannot be copyrighted material unless you have received explicit permission to use that material.
Pavaso may notify you with respect to the Products or Services by sending an email message to your email or mailing address provided in your Registration Data, or by posting on the Products or Services. Notices shall become effective immediately.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS OR SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY PAVASO ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PAVASO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS OR SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. PAVASO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCTS OR SERVICES, THAT THE FUNCTIONS CONTAINED IN PRODUCTS OR SERVICES, OR AS PERFORMED OR PROVIDED BY THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PAVASO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PAVASO BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCTS OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, IN EQUITY, OR OTHERWISE) AND EVEN IF PAVASO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Last updated: 06/03/2020