These Terms and Conditions (the “Terms“) govern your use of our website located at www.kavadoo.com (the “Site“) and the online platform services provided by KaVaDoo and KaVaDoo (collectively, “KaVaDoo“) powered by Simply Do It. To make these Terms easier to read, the Site and our services available via the Site are collectively called “Services.”
Our KaVaDoo online platform connects people who have real estate properties for sale (“Seller(s)“) with people who are interested in buying real estate properties (“Buyer(s)“). You don’t have to be a Buyer or Seller to use these Services – you can also use our Services to access and view: your property dashboard through our Community Content and Listings and other data and information made available to users of the Services. Certain Terms only apply to Buyers and Sellers, as noted herein.
Agreement to Terms
By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, please do not use the Services.
Also, if you are accessing and using the Services on behalf of a Buyer, Seller, or other person, or an entity or company (such as your employer, a corporation or a trust), or acting as the agent of any of the foregoing, you represent and warrant that you have the full legal authority and capacity to bind that Buyer, Seller, or other person, or entity, or company to the applicable Terms.
In that case, “you” and “your” will refer to that Buyer, Seller, person, agent, or company, or other entity.
Changes to Terms or Services
We may modify the Terms at any time, in our sole and absolute discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or App or through other communications.
It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or otherwise communicated them to you, you are indicating to us by your continued use that you agree to be bound by the modified Terms.
If you don’t agree to be bound by the modified Terms, then you are not permitted to use any of the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole and absolute discretion.
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with KaVaDoo or a KaVaDoo Entity and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account“). You can do this via the Site or through your account with certain third party social networking services such as Facebook (each, an “SNS Account“).
If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information, such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
Your SNS Account may not allow you to the full functionality of the Services and additional information may be necessary to take advantage of all Services.
It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.
If you don’t, KaVaDoo may suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account.
You’re responsible for all activities that occur under your Account, whether or not you know about, or consent to, them.
We welcome feedback, comments, questions, suggestions, improvements, concerns and the like regarding the Services (collectively, “Feedback“). You may deliver Feedback to us by email, including through hello@KaVaDoo.com, phone calls, interviews, texts, chat, surveys, or other communication tools or systems currently used or used in the future.
You agree that you exclusively own any Feedback and grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AS DESCRIBED IN THE ARBITRATION SECTION SET FORTH IN THE ARBITRATION SECTION LATER IN THIS AGREEMENT, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SUCH “DISPUTE RESOLUTION” SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND KaVaDoo WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Terms Applicable to Services Provided by KaVaDoo
What We Do and Don’t Do via the Services
KaVaDoo offers a technology service and platform via the Services through which Sellers and Buyers of real estate properties can connect. Sellers can sign up with the Services and advertise a list of real estate properties that are for sale by posting “Listings.”
The real estate properties included in the Listings are collectively referred to as “Homes,” “Roofs,” or “Properties” or individually, a “Home,” a “Roof” or “Property” on the Services and in these Terms.
Buyers can browse the Listings and contact the Seller’s real estate agent or broker agent via the Services if they are interested in buying a Property included in a Listing. As described below, a KaVaDoo Entity may also act as the Seller’s real estate agent or broker in connection with the sale of Property included in a Listing.
KaVaDoo also offers Users the ability to use tools made available through the Site to analyze a property and create a dashboard to organize the User’s information on the property and assess performance in a single location (collectively, the “Community“) the Community may offer free Services or also may charge for Services.
Acting as Seller’s or Buyer’s Real Estate Agent or Broker
KaVaDoo, through one of its licensed affiliates or subsidiaries (“KaVaDoo Entity“) or a third party real estate agent or broker approved by KaVaDoo may also act as the Seller’s or Buyer’s real estate agent or broker in connection with the sale of a Property included in a Listing.
If you are a Seller and wish to have a KaVaDoo Entity represent you as your real estate agent or broker, you agree to notify KaVaDoo in writing or via a communication method presented to you via the Services, and if the KaVaDoo Entity agrees to represent you, you will be required to enter into a real estate agency/broker representation and listing agreement (“Listing Agreement“) with the applicable KaVaDoo Entity which will govern the terms of real estate agent/broker relationship between you and the KaVaDoo Entity.
Although the Listing Agreement is an agreement between you as a Seller and a KaVaDoo Entity, the terms and conditions of the Listing Agreement are independent of, and in addition to, these Terms. In the event of any conflict or inconsistency between these Terms and the Listing Agreement with respect to a KaVaDoo Entity’s role for sale of a Property, the Listing Agreement will govern.
If you are a Buyer and wish to have a KaVaDoo Entity represent you as your real estate agent or broker, you agree to notify KaVaDoo in writing or via a communication method presented to you via the Services, and if the KaVaDoo Entity agrees to represent you, you will be required to enter into a real estate agency/broker exclusive representation agreement (“Agency Agreement“) with the applicable KaVaDoo Entity which will govern the terms of real estate agent/broker relationship between you and the KaVaDoo Entity.
Although the Agency Agreement is an agreement between you as a Buyer and a KaVaDoo Entity, the terms and conditions of the Agency Agreement are independent of, and in addition to, these Terms. In the event of any conflict or inconsistency between these Terms and the Agency Agreement with respect to a KaVaDoo Entity’s role for buying a Property, the Agency Agreement will govern.
The mere communications or usage of the Site or communication with employees or agents of any KaVaDoo Entity does not create any agency relationship between you and the applicable KaVaDoo Entity (either as Seller or Buyer Agent) and only an express written agreement between the parties will establish such a relationship.
If a KaVaDoo Entity represents both the Buyer and Seller in a transaction, all parties to the transaction must receive a separate dual agency disclosure.
Buyer’s Real Estate Agent or Broker
While Buyers are not required to work with a real estate agent or broker to purchase a Property included in a Listing (excluding MLS listings), a KaVaDoo Entity, as Seller’s agent, will work with a real estate agent or broker that represents a Buyer as the Buyer’s real estate agent or broker in connection with the purchase of Property/ies included in Listings; who may be affiliated with the KaVaDoo Entity.
In such cases, Buyers will enter into real estate agency/broker representation agreements (“Broker Agreement(s)“) with the real estate agent or broker, which will govern the terms of real estate agent/broker relationship between you, as a Buyer, and your real estate agent and broker.
Buyers are solely responsible for performing Buyers’ obligations under any agreement that Buyers enter into with any real estate agents or brokers, including the payment of any commission or fee under such agreement.
If a Buyer does not expressly submit Buyer’s real estate agent’s or broker’s information to the Services, it is deemed that Buyer is not represented by a real estate agent or broker in connection with purchase of a Property.
We may also provide analytics, valuation estimates, asset management and other information services to Users via the Services.
The terms in this Section apply to you if you are a Seller. If you’re a Buyer, please see the Section entitled “Buyer Terms” below.
We welcome you if you are a Seller, as long as you are posting a Listing that isn’t illegal or unauthorized. However, we do not endorse any Sellers and your posting a Listing does not mean you or your Listing is endorsed in any way by us, even if KaVaDoo or a KaVaDoo Entity is acting as Seller’s real estate agent or broker with respect to a particular Listing.
We do not routinely conduct background checks on Sellers, but we reserve the right to do so on a discretionary basis, and you agree to cooperate with us and provide us with all information and execute any forms necessary that we request from you in the event that we decide to conduct a background check on you.
We’re not responsible for any damage or harm resulting from your communications or interactions with Buyers or other Sellers, either via the Services or otherwise.
Sellers are not employees, agents or otherwise contractors of KaVaDoo, but are independent people who want to post Listings and connect with Buyers.
Except to the extent expressly set forth in a Listing Agreement with a KaVaDoo Entity, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Buyer or other third parties regarding Listings or any Purchase and Sale Agreement (defined below) you enter into with a Buyer for purchase of a Property will be limited to a claim against the particular Buyer or other third parties, who caused you harm and you agree not to attempt to make a claim for damages or liability against KaVaDoo or a KaVaDoo Entity, or seek any legal remedy from KaVaDoo or a KaVaDoo Entity with respect to such actions or omissions.
Accordingly, we encourage you to communicate directly with your real estate agent or broker regarding Listings and Properties in which a Buyer has expressed interest and about which a Buyer has communicated with your real estate agent or broker via the Services.
That said, you may also contact us and we will take any actions that we deem appropriate and necessary.
Your Obligations as a Seller
“Listing(s)” means a description of a Property that the Seller lists for sale using the Services. When one creates a Listing, you will need to submit information to us about the Property, including without limitation, images, general property information and tenant and lease information.
You hereby grant a license to KaVaDoo to use such listing information in order to operate the Services – please see the Section below entitled “Rights in Content Granted by You”. It is important that such information be complete and accurate and we do not verify any such information or User Content you provide to us via the Services for your Listings.
A Listing can also include requirements with which potential Buyers must comply in order to purchase the Property for sale in a Listing. We may provide Additional Property Information for Listings. You agree that you are responsible for all Listings you post and for keeping the Listings information current and up to date, including up to the date of sale of a Property included in a Listing.
We reserve the right to reject a Listing for any reason in our sole and absolute discretion.
We will notify you if we reject your Listing and we may give you an opportunity to amend your Listing into a form that we would publish.
“Additional Property Information” means information about the Properties included in Listings, including, without limitation, valuation estimates, inspections, pest reports, conditions, repairs, cost estimates, financial estimates, neighborhood information, photographs, lease verification, property management terms, title, permits and lien information, that we obtain from a variety of sources.
This Additional Property Information is licensed to Users under the Section below entitled “Rights in Content Granted by KaVaDoo” and our provision of the Additional Property Information to Users does not in any way mean that we have endorsed or are endorsing the Seller or Seller’s Listing or the outcome of any purchase of a Property.
You hereby authorize KaVaDoo to act on your behalf, if applicable, to gather the Additional Property Information and you agree to grant KaVaDoo any necessary authorization to do so. You acknowledge that the Additional Property Information made available via the Services is current as of the date that it was generated and KaVaDoo makes no warranties that the Additional Property Information will be accurate or up to date on that date that Users access and view the Additional Property Information.
Contract with Buyers
You acknowledge and agree that unless you, as a Seller, have entered into a separate Listing Agreement with a KaVaDoo Entity, in which case KaVaDoo Entity’s role, if any, will be addressed in the Listing Agreement, KaVaDoo does not, either directly, or indirectly, act as your real estate agent or broker, contracting agent or other representative.
Regardless of whether or not you have entered into a Listing Agreement, if a Buyer wants to buy a Property included in your Listing, any contracts and/or Purchase and Sale Agreements that you enter into with the Buyer, written or oral, will be between you and the Buyer only.
You acknowledge and agree that you, and not KaVaDoo, will be responsible for performing the obligations of any contracts with the Buyer, and KaVaDoo is not a party to such contracts or Purchase and Sale Agreements and disclaims all liability arising from or related to such contracts.
You represent and warrant that you will act in compliance with all applicable laws in connection with Listings you post using the Services and any sale of Properties to Buyers.
The terms in this Section apply to you if you are a Buyer. If you’re a Seller, please see the Section “Seller Terms” above.
No Endorsement and Buyer Diligence Review
We do not endorse any Seller or Seller’s Listings. We don’t have an obligation to conduct background checks on any Seller, but we might do so on a discretionary basis. KaVaDoo is not responsible for any damage or harm resulting from your communication or interaction with Sellers or other Buyers.
We may, on Seller’s behalf, provide Additional Property Information to Buyers via the Services about a Seller’s Listing. KaVaDoo makes no representation that the Additional Property Information provided is accurate or complete. With respect to a Property which the Buyer desires to purchase Buyer represents that Buyer has reviewed and understands all information available on the Site as to such Property.
Buyer also understands that any estimated financial information displayed on the Site are based upon third party information which has been obtained by KaVaDoo and reasonable assumptions of KaVaDoo. Buyer further understands that any such financial information may not be accurate or complete and relies on such information at its own risk.
BUYER ACKNOWLEDGES THAT WITH RESPECT TO ESTIMATES, FORECASTS AND PROJECTIONS DISPLAYED ON THE SITE, (i) NO ASSURANCE CAN BE GIVEN REGARDING THE ACCURACY OR APPROPRIATENESS OF THE ASSUMPTIONS AND JUDGMENTS MADE, OR THE METHODOLOGIES USED AND SUCH ESTIMATES, FORECASTS AND PROJECTIONS ARE FORWARD-LOOKING STATEMENTS AND INVOLVE RISKS AND UNCERTAINTIES THAT MAY CAUSE ACTUAL RESULTS TO BE MATERIALLY DIFFERENT FROM THE ESTIMATES, FORECASTS AND PROJECTIONS. ACCORDINGLY, BUYER SHOULD RELY ON SUCH ESTIMATES, FORECASTS AND PROJECTIONS AT ITS OWN RISK.
Buyer understands and acknowledges (i) that investing in real estate is risky and unpredictable; (ii) that the real estate industry has its ups and downs; and (iii) that the Property you purchase might not be able to be rented at amounts sufficient to cover your debt, expenses and liabilities, and might not result in a positive cash flow.
Buyer further understands and acknowledges that the value of any Property purchased may decline after you buy it and that future property values are unpredictable and may go down. Buyer also acknowledges and agrees that KaVaDoo is not an investment or tax advisor and you must make your own investment and tax decisions either alone or with the assistance of professional investment and tax advisors.
You agree that any legal remedy or liability that you seek to obtain for actions or omissions of Seller or other third parties regarding Listings or any Purchase and Sale Agreement you enter into with a Seller for purchase of a Property, will be limited to a claim against the particular Seller or other third parties who directly caused you harm and you agree not to attempt to make a claim for damages or liability against KaVaDoo or a KaVaDoo Entity, or seek any legal remedy from KaVaDoo or a KaVaDoo Entity with respect to such actions or omissions.
For additional terms regarding liability, please also refer to the paragraphs herein below entitled “Indemnity” and “Limitation of Liability”.
We also encourage you to communicate directly with the Sellers regarding Listings they have posted for their Properties. You may also contact us and we will take any actions that we deem appropriate.
Your Obligations as a Buyer
Terms applicable to Non-MLS Listings
In your Purchase and Sale Agreement with a Seller, you will acknowledge and agree that we do not, either directly, or indirectly, act as your real estate agent or broker, contracting agent or other representative.
Regardless of whether or not you have entered into a Broker Agreement, as a Buyer, you agree that the Seller will require you to enter into a Purchase and Sale Agreement in order to purchase a Property that the Seller has listed and you agree to accept any term, conditions, rules and restrictions imposed by the Seller.
You acknowledge and agree that you, and not KaVaDoo, will be responsible for performing the obligations of any agreements with the Seller, and that KaVaDoo is not a party to such agreements or the Purchase and Sale Agreement and disclaims all liability arising from or related to such contracts.
At the time you decide to purchase a Property, included in a Listing, you agree to pay KaVaDoo a marketplace fee (“Marketplace Fee“) which will be calculated based on terms that we will provide to you prior to you entering into a Purchase and Sale Agreement with the Seller for a Property.
After KaVaDoo has successfully processed your Marketplace Fee payment, KaVaDoo will remove the Listing for the applicable Property from the marketplace in the Services so that other Users will not be able to purchase that Property. You will also be sent an agreement that governs the sale of the property for you to execute (“Purchase and Sale Agreement“) within 24 hours after the payment of the Marketplace Fee.
If you do not execute the Purchase and Sale Agreement within 24 hours of receiving the Purchase and Sale Agreement KaVaDoo will reinstate the Listing for the Property to the marketplace in the Services so that other Users will be able to view and purchase the Property; the 24-hour signing requirement can by waived by the Seller in their sole discretion.
Any waiver or delay in exercising any rights under this section, including reposting the Property, does not invalidate, impair or limit any rights of KaVaDoo, any KaVaDoo Affiliate or Seller under the Terms.
Terms Applicable to MLS Listings
You agree that you will enter into an appropriate broker agreement with KaVaDoo or one of its designated broker partners. Also, you agree that you will be required to execute a Purchase and Sale Agreement in order to purchase a Property that the Seller has listed.
Upon execution of a Purchase and Sale Agreement, you agree to pay KaVaDoo a marketplace fee (“Marketplace Fee“) which will be calculated based on terms that we will provide to you prior to you executing a Purchase and Sale Agreement for a Property.
Refund of Marketplace Fee
If the Listing has no contingencies, the Marketplace Fee paid by you is final and non-refundable. If the Listing is subject to contingencies, and you cancel the transaction because (1) a contingency is not satisfied by the Seller prior to closing or, (2) the Seller is otherwise unable to fulfill Seller’s obligations under the Purchase and Sale Agreement or other obligation required by applicable law, the Marketplace Fee will be refunded to your account.
KaVaDoo may from time to time recommend, feature, certify or refer you to certain third party property managers or management companies (“Featured Property Manager”) for the management of the Property you purchase. You are free to use or engage such property managers in your sole discretion and any decision to do so shall be at your own risk.
KaVaDoo does not warrant or guarantee the performance or services provided by your property managers and you shall look solely to your property managers for recourse in the event of any failure to perform or damages caused by such property managers.
To the extent you decide to engage a Featured Property Manager, you hereby consent and authorize your property manager to provide KaVaDoo with all reports and information requests relating to your Property, including monthly financial information and portfolio level data, for the purpose of allowing KaVaDoo to evaluate asset performance for Properties purchased via the KaVaDoo platform and to use such data and combine it with other data in aggregate form maintained or used by KaVaDoo.
Terms Applicable to All Users
The following section applies to all Users.
Content and Content Rights
For purposes of these Terms: (i) “Content” means data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or materials that are posted, generated, provided or otherwise made available through the Services, including Additional Property Information; and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services, including Listings posted by Sellers and information provided to the Community. Content includes without limitation User Content.
KaVaDoo does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, KaVaDoo and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.
You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
You hereby grant to KaVaDoo a non-exclusive, transferable, sublicenseable, worldwide, perpetual, royalty-free license to (i) use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services to you or to other Users; and (ii) use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute (without attribution to you) any Content we obtain from your property manager.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms.
You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by KaVaDoo on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content, including a Listing, by specifically deleting it, via the functionality of the Services. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the KaVaDoo Services.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Moreover, we may continue to use any User Content as set forth above.
Rights in Content Granted by KaVaDoo
Subject to your compliance with these Terms, KaVaDoo hereby grants you a non- commercial, limited, non-exclusive, non-transferable, non-sublicensable license to access, view and print the Content solely in connection with a Permitted Use of the Services.
A “Permitted Use” means any use of Content in connection with the KaVaDoo Services, excluding prohibited activity under the General Prohibitions provisions below or use of analytics data, made available to you via the Services, for commercial purposes, independent of the Services.
In addition, you acknowledge and agree that KaVaDoo may generate a rendering of Properties based on the User Content (“KaVaDoo 3D“). KaVaDoo may modify the KaVaDoo 3D in order to remove identifiable images, e.g. identifiable people and identifiable personal belongings from the rendering.
KaVaDoo 3D is Content owned by KaVaDoo.
You acknowledge and agree that KaVaDoo 3D is provided to Users as part of the Services to assist viewing of Properties and while KaVaDoo makes diligent efforts to make this Content accurate, (i) there may be measurement inaccuracies with respect to the KaVaDoo 3D; and (ii) your access and use of the KaVaDoo 3D is at your own risk and KaVaDoo disclaims all liability relating to any inaccuracies.
Third Party Content
We may display Content that is owned by a third party or licensed to us by a third party (“Third Party Content“). For example, we may display lending rates that are offered by a third party; even if KaVaDoo displays lending rates via the Services, KaVaDoo is not a money lender and does not accept, review or process applications for loans.
KaVaDoo does not claim any ownership rights in the Third Party Content. We provide the Third Party Content only as a convenience and you shall not publish or distribute any of the Third Party Content. Our provision of the Third Party Content does not mean that we have endorsed the third parties or the Third Party Content that they have provided.
Your use of the Third Party Content is at your own risk and KaVaDoo disclaims all liability relating to your interaction with the Third Party Content or the applicable third parties. KaVaDoo may share personally identifiable information you provide to us via the Services and financial and other information we have about you with third-parties so that the third parties may personalize the Third Party Content that they provide to you.
We will comply with applicable legal requirements, including requirements to obtain your consent before we share such information with third parties, in connection with how we share this information.
You expressly consent to be contacted by KaVaDoo, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached.
You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system.
Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account.
You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
If you have provided consent for telemarketing calls, you agree that (i) we, our agents, representatives, affiliates, third parties, and anyone calling on our behalf may call, email or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; (ii) agree these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve prerecorded and/or artificial voice messaging.
Your consent, if provided, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list.
This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked by informing the telemarketing representative, or any other method, which ensures we receive the revocation.
Your consent to telemarketing calls is not a condition using the Services.
You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.
You can revoke your consent by contacting us via email at hello@KaVaDoo.com.
Call Recording And Monitoring
You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.
You agree not to do any of the following:
- Post, upload, publish, submit, or transmit any User Content that:
- (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- (iii) is fraudulent, false, misleading or deceptive;
- (iv) is defamatory, obscene, pornographic, vulgar or offensive;
- (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity;
- (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services or any individual element within the Services, KaVaDoo’s name, any KaVaDoo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without KaVaDoo’s express written consent;
- Access, tamper with, or use non-public areas of the Services, KaVaDoo’s computer systems, or the technical delivery systems of KaVaDoo’s providers;
- Attempt to probe, scan, or test the vulnerability of any KaVaDoo system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by KaVaDoo or any of KaVaDoo’s providers or any other third party including another user to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism including spiders, robots, crawlers, data mining tools or the like other than the software and/or search agents provided by KaVaDoo or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a KaVaDoo trademark, logo URL or product name without KaVaDoo’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Copy, modify or create derivative works based on the Content and Services, other than your own User Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Publish or distribute any Content or Third Party Content without the prior written consent of KaVaDoo or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services to ensure compliance with these Terms; and to comply with applicable law or other legal requirements.
We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms.
We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
KaVaDoo respects copyright law and expects its Users to do the same. It is KaVaDoo’s policy to terminate access in appropriate circumstances to Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. It is KaVaDoo’s policy to handle copyright infringement claims by Users and third parties in accordance with the Digital Millennium Copyright Act (“DMCA”).
Links to Third Party Websites or Resources
The Services and App may contain links to third party websites or resources, including Third Party Content as described above. We provide these links as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites.
You acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
We may terminate your access to and use of the Services for any reason or no reason, in our sole discretion, at any time and without prior notice to you. You may also cancel your Account at any time by sending an email to us at hello@KaVaDoo.com.
Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions will survive, Contract with Buyers, Contract with Sellers, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution Provisions, and any other provisions which by their sense and context are intended to survive.
WE MAKE NO WARRANTY AS TO THE QUALITY OR ACCURACY OF THE LISTINGS OR SERVICES OR THE QUALITY OF THE PROPERTIES, AND IDENTITY, CHARACTER OR CONDUCT OF BUYERS AND SELLERS AND ASSUME NO RESPONSIBILITY FOR A BUYER’S OR SELLER’S COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH USERS WITH WHOM YOU COMMUNICATE OR INTERACT, AS A RESULT OF YOUR USE OF THE SERVICES – PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. KaVaDoo EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY BUYER, SELLER, OR OTHER THIRD PARTY.
You will indemnify, defend and hold harmless KaVaDoo, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services (ii) your User Content; your violation of these Terms; (iv) your non-compliance with applicable law in connection with your posting of Listings and sale of Properties if you are a Seller, or your purchase of Properties if you are a Buyer; or (v) the acts or omissions of your third party property manager, real estate broker, agent, lender, or title or escrow company.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY CONTACT YOU HAVE WITH BUYERS, IF YOU ARE A SELLER, OR ANY CONTACT YOU HAVE WITH SELLERS IF YOU ARE A BUYER, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.
NEITHER KaVaDoo NOR ANY KaVaDoo ENTITY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KaVaDoo HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, OR ARE HEREBY MODIFIED TO ADHERE TO THE LAW OF SUCH JURISDICTIONS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KaVaDoo AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
YOU AND KaVaDoo AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and KaVaDoo agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Arbitration of Disputes
YOU AND KaVaDoo AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE PROVISION OR USE OF THE SERVICES OR CONTENT (COLLECTIVELY, “DISPUTES“) WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT YOU AND KaVaDoo RETAIN THE RIGHT: (I) TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT; AND (II) TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS (THE ACTION DESCRIBED IN THE FOREGOING CLAUSE (II),(AN “IP PROTECTION ACTION“).
Arbitration Opt Out
WITHOUT LIMITING THE PRECEDING SENTENCE, YOU WILL ALSO HAVE THE RIGHT TO OPT-OUT AND LITIGATE ANY OTHER DISPUTE IF YOU PROVIDE KaVaDoo WITH WRITTEN NOTICE OF YOUR DESIRE TO DO SO BY EMAIL OR REGULAR MAIL AT HELLO@KaVaDoo.COM WITHIN THIRTY (30) DAYS FOLLOWING THE DATE YOU FIRST ACCEPTED THESE TERMS (SUCH NOTICE, AN “ARBITRATION OPT-OUT NOTICE“).
IF YOU DON’T PROVIDE KaVaDoo WITH AN ARBITRATION OPT-OUT NOTICE WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL BE DEEMED TO HAVE KNOWINGLY AND INTENTIONALLY WAIVED YOUR RIGHT TO LITIGATE ANY DISPUTE EXCEPT AS EXPRESSLY SET FORTH IN CLAUSES (I) AND (II) ABOVE. THE EXCLUSIVE JURISDICTION AND VENUE OF ANY IP PROTECTION ACTION OR, IF YOU TIMELY PROVIDE KaVaDoo WITH AN ARBITRATION OPT-OUT NOTICE, WILL BE THE STATE AND FEDERAL COURTS LOCATED IN THE NORTHERN DISTRICT OF CALIFORNIA AND EACH OF THE PARTIES HERETO WAIVES ANY OBJECTION TO JURISDICTION AND VENUE IN SUCH COURTS.
UNLESS YOU TIMELY PROVIDE KaVaDoo WITH AN ARBITRATION OPT-OUT NOTICE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND KaVaDoo ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. IF THIS SPECIFIC PARAGRAPH IS HELD UNENFORCEABLE, THEN THE ENTIRETY OF THIS “DISPUTE RESOLUTION” SECTION WILL BE DEEMED VOID. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THIS “DISPUTE RESOLUTION” SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS.
THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS “DISPUTE RESOLUTION” SECTION. (THE AAA RULES ARE CURRENTLY AVAILABLE AT WWW.ADR.ORG/ARB_MED OR BY CALLING THE AAA AT 1-800- 778-7879.) THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION.
A PARTY WHO DESIRES TO INITIATE ARBITRATION MUST PROVIDE THE OTHER PARTY WITH A WRITTEN DEMAND FOR ARBITRATION AS SPECIFIED IN THE AAA RULES. (THE AAA PROVIDES A GENERAL DEMAND FOR ARBITRATION AND A SEPARATE DEMAND FOR ARBITRATION FOR CALIFORNIA RESIDENTS.) THE ARBITRATOR WILL BE EITHER A RETIRED JUDGE OR AN ATTORNEY LICENSED TO PRACTICE LAW AND WILL BE SELECTED BY THE PARTIES FROM THE AAA’S ROSTER OF ARBITRATORS. IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN (10) DAYS OF DELIVERY OF THE DEMAND FOR ARBITRATION, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT THE ARBITRATOR IN ACCORDANCE WITH THE AAA RULES.
ARBITRATION LOCATION AND PROCEDURE
UNLESS YOU AND KaVaDoo OTHERWISE AGREE, THE ARBITRATION WILL BE CONDUCTED IN THE COUNTY OR STATE WHERE YOU RESIDE. IF YOUR CLAIM DOES NOT EXCEED $10,000, THEN THE ARBITRATION WILL BE CONDUCTED SOLELY ON THE BASIS OF THE DOCUMENTS THAT YOU AND KaVaDoo SUBMIT TO THE ARBITRATOR; UNLESS YOU REQUEST A HEARING OR THE ARBITRATOR DETERMINES THAT A HEARING IS NECESSARY. IF YOUR CLAIM EXCEEDS $10,000, YOUR RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES. SUBJECT TO THE AAA RULES, THE ARBITRATOR WILL HAVE THE DISCRETION TO DIRECT A REASONABLE EXCHANGE OF INFORMATION BY THE PARTIES, CONSISTENT WITH THE EXPEDITED NATURE OF THE ARBITRATION.
THE ARBITRATOR WILL RENDER A FINAL AND BINDING AWARD WITHIN THE TIME FRAME SPECIFIED IN THE AAA RULES. 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 HAVING JURISDICTION THEREOF.
THE ARBITRATOR’S AWARD OF DAMAGES MUST BE CONSISTENT WITH THE TERMS OF THE “LIMITATION OF LIABILITY” PROVISIONS ABOVE AS TO THE TYPES AND AMOUNTS OF DAMAGES FOR WHICH A PARTY MAY BE HELD LIABLE. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE CLAIMANT’S INDIVIDUAL CLAIM.
IF YOU ARE THE PREVAILING PARTY OR THE MORE PREVAILING PARTY IN ARBITRATION, YOU WILL BE ENTITLED TO AN AWARD OF ATTORNEYS’ FEES AND EXPENSES, TO THE EXTENT PROVIDED UNDER APPLICABLE LAW. KaVaDoo WILL NOT SEEK, AND HEREBY WAIVES ALL RIGHTS IT MAY HAVE UNDER APPLICABLE LAW TO RECOVER, ATTORNEYS’ FEES AND EXPENSES, IF IT PREVAILS IN ARBITRATION.
YOUR RESPONSIBILITY TO PAY ANY AAA FILING, ADMINISTRATIVE AND ARBITRATOR FEES WILL BE SOLELY AS SET FORTH IN THE AAA RULES.
NOTWITHSTANDING THE PROVISIONS OF THE “CHANGES TO TERMS OR SERVICES” SECTION ABOVE, IF KaVaDoo MATERIALLY CHANGES THIS “ARBITRATION OF DISPUTES” SECTION AFTER THE DATE YOU FIRST 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 TO HELLO@KaVaDoo.COM) WITHIN 30 DAYS OF THE DATE SUCH CHANGE BECAME EFFECTIVE, AS INDICATED IN THE “LAST UPDATED” DATE NOTED AT THE BEGINNING OF THIS DOCUMENT OR IN THE DATE OF KaVaDoo’S EMAIL TO YOU NOTIFYING YOU OF SUCH CHANGE.
BY REJECTING ANY CHANGE, YOU ARE AGREEING THAT YOU WILL ARBITRATE ANY DISPUTE BETWEEN YOU AND KaVaDoo IN ACCORDANCE WITH THE PROVISIONS OF THIS “DISPUTE RESOLUTION” SECTION AS OF THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS).
Except to the extent set forth in the KaVaDoo One offering documents, these Terms constitute the entire and exclusive understanding and agreement between KaVaDoo and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between KaVaDoo and you regarding the Services.
If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without KaVaDoo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. KaVaDoo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by KaVaDoo under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
KaVaDoo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of KaVaDoo. 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.
If you have any questions about these Terms or the Services, please contact KaVaDoo at hello@KaVaDoo.com