Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Youvvy Platform, you agree to comply with and be bound by these Terms.
Please note: Section 15 of these Terms contains an arbitration clause and class action waiver that applies to all Youvvy Members. If your country of residence is the United States, this provision applies to all disputes with Youvvy. If your country of residence is outside of the United States, this provision applies to any action you bring against Youvvy in the United States. It affects how disputes with Youvvy are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: May 16, 2019
Thank you for using Youvvy!
These Terms constitute a legally binding agreement (“Agreement”) between you and Youvvy (as defined below) governing your access to and use of the Youvvy website, including any subdomains thereof, and any other websites through which Youvvy makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Youvvy Services”). The Site, Application and services together are hereinafter collectively referred to as the “Youvvy Platform”.
When these Terms mention “Youvvy,” “we,” “us,” or “our,” it refers to the Youvvy company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
If your country of residence or establishment is the United States, you are contracting with Savvy New Home Solutions, Inc., 7708 Matthews Mint Hill Rd, Mint Hill, NC 28227, United States.
Any and all payment processing services through or in connection with your use of the Youvvy Platform (“Payment Services”) are provided to you by one or more Youvvy Payments entities (individually and collectively, as appropriate, “Youvvy Payments”) as set out in the Payments Terms of Service (“Payments Terms”).
Brokers, Agents and Buyers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their purchasing of a new home. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Brokers, Agents and Buyers are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any services they offer. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to the relationship between Brokers, Agents, and Buyers on Youvvy, you should always seek legal guidance.
- Scope of Youvvy Services
- Eligibility, Using the Youvvy Platform
- Modification of these Terms
- Prohibited Use
- User-Generated Content / Material
- Linked Youvvy Services / Sent Information
- Intellectual Property
- Claims of Copyright Infringement
- Termination/Changes to Agreement
- No Warranties
- Dispute Resolution and Arbitration Agreement
- Applicable Law and Jurisdiction
- General Provisions
1.1 Youvvy does not, and the services are not intended to, provide financial or real estate advice. Youvvy is not a financial or real estate broker or lender. Youvvy’s business is primarily funded through advertising and referral commission generated through agent closing sales. You understand and agree that the Youvvy Services may include advertisements, and that these are necessary to support the Youvvy Services. To help make the advertisements relevant and useful to you, Youvvy may serve advertisements based on the information we collect through the Youvvy Services. Youvvy does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Youvvy assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Youvvy Services or any other information available through or in connection with the Youvvy Services.
2.5 The Youvvy Services are offered by Savvy New Home Solutions, Inc. and its affiliates, located at 7708 Matthews Mint Hill Rd, Mint Hill, NC 28227. You may contact Youvvy by sending correspondence to that address or emailing customersuccess@Youvvy.com.
3.1 Youvvy reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Youvvy Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Youvvy Platform will constitute acceptance of the revised Terms.
By using the Youvvy Services, you agree not to:
4.1 use information provided by Youvvy through the Youvvy Services in making any loan-related decisions;
4.3 provide/post/authorize a link to any of the Youvvy Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
remove or modify any copyright or other intellectual property notices that appear in the Youvvy Services;
4.4 use the Youvvy Services for resale, service bureau, time-sharing or other similar purposes;
4.5 use the Youvvy Services in any way that is unlawful, or harms Youvvy, its service providers, suppliers, or any other user;
distribute or post spam, chain letters, pyramid schemes, or similar communications through the Youvvy Services;
4.6 impersonate another person or misrepresent your affiliation with another person or entity;
4.7 reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Youvvy Services, except as explicitly permitted by Youvvy for a particular portion of the Youvvy Services;
4.8 upload invalid data, viruses, worms, or other software agents to the Youvvy Services;
4.9 interfere with, or compromise the system integrity or security of the Youvvy Services, or otherwise bypass any measures Youvvy may use to prevent or restrict access to the Youvvy Services;
4.10 conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Youvvy Services) on the Youvvy Services;
4.11 use any of Youvvy’s trademarks as part of your screen name or email address on the Youvvy Services; or
4.12 attempt to, or permit or encourage any third party to, do any of the above.
6.2 If you choose to contact a bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Youvvy Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for rate quotes) on the Youvvy Services, you authorize Youvvy to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Youvvy Services is not an application for credit. Youvvy is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers are made by participating Lenders and not Youvvy. These non-binding quotes are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act. By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Interest rates displayed through the Youvvy Services are for information purposes only and reflect non-binding customized quotes of the terms a Lender might offer a borrower fitting a consumer’s anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual Lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Youvvy: (a) is not a Lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans; (c) does not take mortgage applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any consumer or any Lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays Youvvy or the products of any Third-Party Provider that pays Youvvy; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
6.3 Additional Terms for Third Party Youvvy Services. Certain aspects of the Youvvy Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
7.2 The names of actual companies, products, and Youvvy Services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Youvvy does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Youvvy Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.
8.1 If you choose to provide input and suggestions regarding the Youvvy Services, including related to any Youvvy Materials (“Feedback”), then you hereby grant Youvvy an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Youvvy Services or create other products and Youvvy Services.
9.1 Youvvy respects the intellectual property rights of others, and asks that everyone using the Youvvy Services do the same. Anyone who believes that their work has been reproduced on the Youvvy Services in a way that constitutes copyright infringement may notify Youvvy’s copyright agent 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;
9.2 Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Youvvy 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
9.3 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.
9.4 Notices of copyright infringement claims should be sent as follows: By mail: Youvvy, Inc. 7708 Matthews Mint Hill Rd, Mint Hill, NC 28227 Attention: Copyright Agent – By e-mail: email@example.com. 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.
10.1 Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting firstname.lastname@example.org. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Youvvy Services. If you violate any provision of these Terms, your permission from Youvvy to use the Youvvy Services will terminate automatically. In addition, Youvvy may in its sole discretion terminate your account on the Youvvy Services or suspend or terminate your access to the Youvvy Services at any time for any reason, with or without notice. Youvvy may alter, suspend or discontinue the Youvvy Services or any portion of the Youvvy Services without notice. Youvvy will not be liable whatsoever for any change to the Youvvy Services or any suspension or termination of your access to or use of the Youvvy Services. Youvvy reserves the right to change these Terms at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms. Your continued use of the Youvvy Services after updates are effective will represent your agreement to the revised version of these Terms. Your continued use of the Youvvy 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. You are responsible for regularly reviewing these Terms.
11.2 Your use of the Youvvy Services is subject to all additional guidelines, rules, and agreements applicable to the Youvvy Services or certain features of the Youvvy Services that we may post on, or link to, from the Youvvy Services, such as rules applicable to a particular product or content available through the Youvvy Services.
12.1 To the maximum extent permitted by applicable law, you agree to release, defend (at Youvvy’s option), indemnify, and hold Youvvy and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or Privacy Policies, (ii) your improper use of the Youvvy Platform or any Youvvy Services, (iii) your breach of any laws, regulations or third party rights.
13.1 Youvvy provides the Youvvy 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, Youvvy and its suppliers make no representations, warranties or conditions, express or implied. Youvvy 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. No advice or information, whether oral or written, obtained by you through the Youvvy services or any materials available through the Youvvy services will create any warranty regarding any Youvvy entity or the Youvvy services that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the Youvvy services, your dealing with any other user, and any materials, including all user and Youvvy materials, available through the Youvvy services. You understand and agree that your use of the Youvvy services, and use, access, download, or otherwise obtainment of materials through the Youvvy services and any associated sites or Youvvy services, are at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Youvvy services), or the loss of data that results from the use of the Youvvy services or the download or use of those materials. Some jurisdictions may prohibit a disclaimer or warranties and you may have other rights that vary from jurisdiction to jurisdiction.
15.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Youvvy in the United States (to the extent not in conflict with Section 16).
15.2 Overview of Dispute Resolution Process. Youvvy is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 15.1 applies: (1) an informal negotiation directly with Youvvy’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 15 and except as provided in Section 15.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
15.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Youvvy each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Youvvy’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
15.4 Agreement to Arbitrate. You and Youvvy mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Youvvy Platform, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Youvvy agree that the arbitrator will decide that issue.
15.5 Exceptions to Arbitration Agreement. You and Youvvy each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
15.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
15.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Youvvy agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Youvvy both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
15.8 Modification of AAA Rules – Attorney’s Fees and Costs. You and Youvvy agree that Youvvy will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Youvvy agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
15.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
15.10 Jury Trial Waiver. You and Youvvy acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.11 No Class Actions or Representative Proceedings. You and Youvvy acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Youvvy both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 15.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 15.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Youvvy agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
15.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
15.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Youvvy changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Youvvy’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Youvvy (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Youvvy.
15.14 Survival. Except as provided in Section 15.12 and subject to Section 15.8, this Section 15 will survive any termination of these Terms and will continue to apply even if you stop using the Youvvy Platform or terminate your Youvvy Account.
16.1 These Terms are governed by the laws of the State of North Carolina, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Mecklenburg County, North Carolina for any and all disputes, claims and actions arising from or in connection with the Youvvy Services and/or these Terms. Youvvy operates the Youvvy Services from its offices in North Carolina, and we make no representation that the Youvvy Services are appropriate or available for use in other locations.
17.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Youvvy and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Youvvy and you in relation to the access to and use of the Youvvy Platform.
17.2 No joint venture, partnership, employment, or agency relationship exists between you and Youvvy as a result of this Agreement or your use of the Youvvy Platform.
17.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
17.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
17.5 Youvvy’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
17.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Youvvy’s prior written consent. Youvvy may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
17.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Youvvy via email, Youvvy Platform notification, or messaging service (including SMS).
17.8 If you have any questions about these Terms please email us.