OVERVIEW
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.
ELIGIBILITY
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.
GENERAL CONDITIONS
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
Brivity reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Service. You are responsible for regularly reviewing these Terms of Use.
Brivity may alter, suspend or discontinue the Services at any time to you and/or to others, without notice. It is your responsibility to check this page periodically for changes.
Client understands and agrees that features of the Brivity platform and its individual components may periodically change and Brivity reserves the right to unilaterally modify, unbundle or discontinue any of its Services. Brivity also reserves the right to charge for new features that may be included in future releases.
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: support@Brivity.com. Opting out may prevent you from receiving messages regarding the Company and special offers.
PROHIBITED USE
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.
While using Brivity’s Services, Client agrees to not violate and to remain in full compliance with all applicable federal, state, and local laws, including, but not limited to, the mandated display of certain logos (e.g. Equal Housing, FDIC, etc.) and the Real Estate Procedures Act (RESPA). Client acknowledges that Brivity’s Services are not designed to monitor its users’ compliance with said laws. Additionally, Client understands that Brivity makes no representation or warranty to Client regarding the legal compliance of Client or any provider of real estate settlement services (e.g. lenders, title companies, real estate brokers, etc.) that partners with Client to purchase Brivity’s Services.
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.
INTELLECTUAL PROPERTY
The Site and Services are the property of Brivity, and subject to the intellectual property rights of Brivity and its licensors.
CLAIMS OF COPYRIGHT INFRINGEMENT
Brivity respects the intellectual property rights of others, and asks that everyone using the Services do the same. If you believe that your work has been reproduced on the Services in a way that constitutes copyright infringement, you may notify Brivity's legal department in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Upon the receipt of a properly drafted and signed notice, we will act quickly to remove or disable access to the infringing material. Please be aware that there are substantial penalties for false claims, including court costs and legal fees.
NOTE: This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification.
For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/.
Notices of copyright infringement claims should be sent as follows:
By mail:
Brivity, Inc.
Attention: Legal Department
2211 Rimland Drive, Suite 124
Bellingham, WA 98226
By e-mail:
Email Notices: If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
CONTACT US
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.
Customer Support and Training Services
Brivity maintains standard support hours during regular working hours. In the event of an emergency, our clients may contact us nights, weekends and holidays via phone, email, or chat. Please allow up to 60 minutes for a response to requests and inquiries made outside of normal working hours.
Brivity provides its Clients with access to Brivity’s Success Team, which provides implementation and onboarding success management services. Brivity also offers a wide variety of customer support and training, 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 training and support services is offers, and may elect to offer certain services at an additional fee.
If Client support, training or success requires a large commitment of time by our team, Brivity reserves the right to charge for additional support and success services that are over and above typical service levels.
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:
Set-up and Set-up Fee
During ‘sign up’, Client agrees to select from one of three layout designs.
At ‘sign up’, Client agrees to pay one month’s subscription fee and a one-time, non-refundable set-up fee, the cost of which shall be stipulated in your Brivity Receipt of Purchase.
Hours of site customization are tracked. Brivity will alert the Client at such time that site customization changes exceed the initial set-up fee and provide an estimate in hours (at $150 per hour), for desired customization.
Please note that Client will not receive ‘back end’ access to the Client’s IDX site until Client has successfully completed the IDX training session.
Launch Date
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.
Client is responsible for any and all costs associated with changes to IDX site after the Launch Date.
MLS/IDX Integration
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; (5) Client shall obey all rules and regulations, necessary to obtain said IDX feed; and (6) Client is responsible for all set-up fees, monthly service fees, and any other charges that the MLS/IDX provider charges Brivity to access the MLS data.
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.
Hosting
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. Client agrees that Brivity cannot be held liable for any losses Client suffers due to outages or losses of data that result from the aforementioned circumstances.
Brivity CRM
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.
Brivity Leads, Advertising, and Marketing Tools
At an additional fee, Brivity offers online advertising and lead generation services. These services are developed and managed by Brivity. To utilize these services, Client must provide Brivity with an ad budget and authorize Brivity as an agent to procure advertising on behalf of Client. Client acknowledges and agrees that purchase of advertising from third-party sites and vendors (e.g. Facebook, Google, etc.), shall be subject to the rates, terms, and conditions of said vendors.
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.
Brivity reserves the right to decide what advertising platforms and how the agreed upon budget will be allocated to our efforts in achieving the best results. Brivity may, at its sole and absolute discretion, reallocate budgets and make changes to the platforms advertised, creative design, ad messaging and any other element as it relates to the Brivity Leads program. The Client may offer suggestions as to how to best utilize the Client’s budget, but ultimately, Brivity has the final say in the execution and/or management of the Client's campaign.
If Brivity is unable to bill the Client’s credit card to pay for Client’s ad spends, then said ads will be immediately suspended until Brivity receives full payment for the ad spends.
All ad spends 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.
Branding
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.
Client Users
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.
Payment
The Client's use of Brivity’s Services is contingent upon the Client’s ability to pay all applicable fees. If Brivity is unable to bill the Client’s credit card on file, Brivity may, at its sole and absolute discretion, take down the Client’s website(s), suspend the Services (including ads), block Client’s access to the Services and Client’s access to any data stored therein, or simply terminate the Agreement.
Any fees not paid within seven (7) business days of the due date will be assessed a 10% late fee.
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.
Term
The initial term of the Client’s monthly subscription will commence the next day (24 hours) after sign-up (30 days after sign-up for clients who purchase the ‘Baller’ package), and will automatically renew the following month, and each month thereafter, on the anniversary date of the subscription’s commencement.
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. If the notice is by email, please send it to support@brivity.com. If by postal mail, please address your cancellation notice to: Brivity, Inc. Attention: Cancellation, 2211 Rimland Drive STE 124, Bellingham, WA 98226.
Termination ‘for Breach’
Brivity, at its sole and absolute discretion, may terminate this Agreement at any time and without notice, if Client breaches: 1) any Term or provision of these Terms of Service, or 2) any agreement between Client and Brivity's affiliated business partners, Brivity Coaching and Brivity VA. 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.
Refund Policy
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.
Additionally, all ad spends are non-refundable.
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.
Your privacy is critically important to us. At Brivity we have a few fundamental principles
Website Visitors
Like most website operators, Brivity collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Brivity’s purpose for collecting non-personally identifying information is to better understand how Brivity’s visitors use its website. From time to time, Brivity may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website. Brivity also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Brivity does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally- identifying information, as described below.
Gathering of Personally-Identifying Information
Certain visitors to Brivity’s websites choose to interact with Brivity in ways that require Brivity to gather personally-identifying information. The amount and type of information that Brivity gathers depends on the nature of the interaction. Those who engage in transactions with Brivity by purchasing services from Brivity, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Brivity collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Brivity. Brivity does not disclose personally-identifying information other than as described below. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities or services.
Protection of Certain Personally-Identifying Information
Brivity discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that: (i) need to know that information in order to process it on Brivity’s behalf or to provide services available at Brivity’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Brivity’s websites, you consent to the transfer of such information to them. Brivity will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Brivity discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Brivity believes in good faith that disclosure is reasonably necessary to protect the property or rights of Brivity, third parties or the public at large.
If you are a registered user of an Brivity website and have supplied your email address, Brivity may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Brivity and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Brivity takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Brivity uses cookies to help Brivity identify and track visitors, their usage of Brivity website, and their website access preferences. Brivity visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Brivity’s websites, with the drawback that certain features of Brivity’s websites may not function properly without the aid of cookies.
Privacy Policy Changes
Although most changes are likely to be minor, Brivity may change its Privacy Policy from time to time, and in Brivity’s sole discretion. Brivity encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
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.
NO WARRANTY
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
IN NO EVENT WILL Brivity OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST Brivity OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
INDEMNIFICATION
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.
RELEASE
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
These Terms of Service are governed by the laws of the State of Washington, without giving effect to its conflict of law provisions. You agree to submit to exclusive jurisdiction. and venue in the state and federal courts sitting in Whatcom County, Washington for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to reasonable attorney's' fees and legal expenses.
HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ASSIGNMENT
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.
SEVERABILITY
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.
WAIVER
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.
ENTIRE AGREEMENT
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).
