By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Jove may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Jove may amend the Terms from time to time.
Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale). Without limitation, lending professionals and institutions are prohibited from using information provided by Jove through the Services in making any loan-related decisions. The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.
Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Jove. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
3. The Services
The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule home showings for the purpose of the sale of Real Estate. The services also comprise the logistics and/or buying services YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN HOME SHOWINGS, CONNECTIONS WITH AGENTS, LOGISTICS, AND SERVICES, THROUGH THE USE OF THE JOVE SERVICE DOES NOT ESTABLISH JOVE AS A PROVIDER OF THESE SERVICES. The sole services provided by Jove are the ability of Jove users to request, arrange and schedule real estate showings. Jove is not involved, in any way, in the actual showings of any real estate scheduled through Jove. After a showing is scheduled using Jove, Jove’s involvement in the transaction is complete and the Jove user is subject to any terms and conditions set forth by the showing agent.
Subject to your compliance with these Terms, Jove grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Jove and its licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise utilize or exploit the Services except as expressly permitted by Jove; (iii) decompile, reverse engineer or disassemble the Services except as may be required by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services and all rights therein are and shall remain Jove’s property or the property of Jove’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Jove’s company names, logos, product and service names, trademarks or services marks or those of Jove’s licensors.
4. Access and Use of the Services
The Role of Jove. Disclaimer. Jove is not a Lender, loan originator, loan processor, or underwriter. Jove does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. Jove does not take applications for credit or issue pre-approval letters. Your submission of information and any request for quotes or pre-approval is not an application for credit. Jove does not endorse, refer or recommend any Lender or the products of any Lender. Consumers should rely on their own judgment in deciding which available loan product, terms and Lender best suit their needs and financial means. Nothing contained in the Services is an offer to lend or a commitment for a loan, and Jove does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender.
JOVE IS SPECIFICALLY DESIGNED TO CONNECT AGENTS AND BUYERS AND HAS NO OTHER OBLIGATION TO THE USERS IN THE FORM OF CONTRACT EXECUTION, LOAN ORIGINATION, OR ANY OTHER PART OF THE HOME BUYING PROCESS. BY USING JOVE YOU AGREE TO ONLY USE IT FOR THE PURPOSE OF CONNECTING YOURSELF WITH EITHER AN AGENT OR A POTENTIAL BUYER. JOVE MAKES NO COMMITMENT ON OFFICIAL TRANSACTIONS AND AGENTS USE THIS APPLICATION ON THEIR OWN TIME AND AT THEIR OWN RISK. ALL USERS MUST USE THEIR BEST JUDGEMENT PRIOR TO MEETING A STRANGER THAT THEY HAVE CONNECTED WITH ON THIS APPLICATION.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Jove certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Jove. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Jove in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Text Messaging and Telephone Calls.
You agree that Jove may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Jove account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Jove does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). Jove will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law.
All Charges and payments will be enabled by Jove using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Jove may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Jove.
6. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” JOVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, JOVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. JOVE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
JOVE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF JOVE, EVEN IF JOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JOVE DOES NOT INSPECT ANY PROPERTIES. JOVE DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT PROPERTIES LISTED ON JOVE ARE IN CONDITIONS SUITABLE FOR SAFE SITE VISITS. JOVE DOES NOT CONDUCT BACKGROUND CHECKS OF ANY JOVE USER, WHETHER CONSUMER OR REAL ESTATE AGENT. YOU AGREE THAT ALL REAL ESTATE SHOWINGS SCHEDULED THROUGH JOVE ARE CONDUCTED AT YOUR OWN RISK. YOU AGREE THAT JOVE IS NOT RESPONSIBLE FOR ANY INJURIES OR DAMAGES SUSTAINED AS A RESULT OF ANY REAL ESTATE SHOWINGS ARRANGED FOR AND/OR SCHEDULED THROUGH JOVE, WHETHER CAUSED BY ANY UNREASONABLY DANGEROUS CONDITIONS OF THE PROPERTY BEING SEEN, THE NEGLIGENT, RECKLESS OR INTENTIONAL CONDUCT OF ANY JOVE USER, OR FOR ANY OTHER REASON.
You agree to indemnify and hold Jove and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Jove’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Jove’s designated agent.