Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Savas Realty, governing your access to and use of the Savas Realty website and all associated services, including any subdomains thereof, and any other websites through which Savas Realty makes the Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”). The Site, Application, and Services together are hereinafter collectively referred to as the “Site”.

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Site, you agree to comply with and be bound by these Terms.

Please note: Section 10 of these Terms of Service contains an arbitration clause and class action waiver that applies to any and all visitors or users of the Site (collectively “Users”). If you reside in the United States, this provision applies to all disputes with Savas Realty. If you reside outside of the United States, this provision applies to any action you bring against Savas Realty in the United States. It affects how disputes with Savas Realty are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

When these Terms mention “Savas Realty,” “we,” “us,” or “our,” it refers to Savas Realty, a Texas corporation and the company you are contracting with in this Agreement, and Savas Realty’s wholly owned subsidiaries and affiliated partners, including but not limited to, Savas Properties.

1. Scope of Services
2. Eligibility, Using the Site, User Verification
3. Modification of These Terms
4. Content
5. Prohibited Activities
6. Term and Termination, Suspension and other Measures
7. Disclaimers
8. Liability
9. Indemnification
10. Dispute Resolution
11. Feedback
12. Applicable Law and Jurisdiction
13. Telephone Contract and Recording Policy
14. Miscellaneous

1. Scope of Services

1.1 The Site is an online platform, also referred to as the “Savas Realty Marketplace”, which enables Users to research, discover, apply for, communicate regarding, and (if approved) obtain real estate transaction products or services, and related products and services, offered and/or provided by a wholly owned subsidiary, Savas Properties, a Texas corporation doing business as Savas Realty, which holds a real estate brokerage license in multiple states (the “Purpose”).

1.2 If you choose to use the Site as a User, your relationship with Savas Realty is limited to being an independent user, and not an employee, agent, joint venturer or partner of Savas Realty for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Savas Realty.

1.3 The Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Savas Realty is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Savas Realty of such Third-Party Services.

1.4 Due to the nature of the Internet, Savas Realty cannot guarantee the continuous and uninterrupted availability and accessibility of the Site. Savas Realty may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site. Savas Realty may improve, enhance, and modify the Site and introduce new Services from time to time.

2. Eligibility, Using the Site, User Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Site or register a Savas Realty account. By accessing or using the Site you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2.2 Savas Realty may make the access to and use of the Site, or certain areas or features of the Site and/or Savas Realty’s products and Services, subject to certain conditions or requirements, such as completing a verification process or meeting specific quality or eligibility criteria.

2.3 Savas Realty is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards. If you experience any difficulty in accessing any part of this website, please feel free to call us at 1-512-722-7394 or to email us at hello@savasrealty.com. We will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you consistent with applicable law (for example, through telephone support).

3. Modification of These Terms

3.1 Savas Realty 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 Site. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect by following the procedure described in the “Term and Termination” section below. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Site will constitute acceptance of the revised Terms.

4. Content

4.1 Savas Realty may enable Users to create, upload, post, send, receive, and store content such as text, photos, audio, video, or other materials on or through the Site (“User Content”). Users may also access and view User Content and any content that Savas Realty itself makes available on or through the Site, including proprietary Content and any content licensed or authorized for use by or through Savas Realty from a third party (“Collective Content”).

4.2 The Site, Content, and User Content may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that the Site and Content, including all associated intellectual property rights, are the exclusive property of Savas Realty and/or its licensors or authorizing third-parties. All trademarks, service marks, logos, trade names, and any other source identifiers of Savas Realty used in connection with the Site and Content are trademarks or registered trademarks of Savas Realty. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used in connection with the Site, Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

4.3 You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or exploit the Site or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Savas Realty or its licensors, except for the licenses and rights expressly granted in these Terms.

4.4 Subject to your compliance with these Terms, Savas Realty grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download and use the Application on your personal device(s) and to access and view any Collective Content made available on or through the Site and accessible to you, solely for your personal and non-commercial use.

4.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Site, you grant to Savas Realty a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to access, use, store, copy, modify, distribute, publish, transmit, stream, broadcast, and otherwise exploit your User Content to provide and/or promote the Site, in any media or platform. Unless you provide specific consent, Savas Realty does not claim any ownership rights in any User Content and nothing in these Terms restricts any rights that you may have to use or exploit your User Content.

4.6 You are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Savas Realty the license to the User Content as set forth above.

4.7 You will not post, upload, publish, submit or transmit any User Content that 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, or result in the violation of any applicable law or regulation.

4.8 Use of the Services may expose you to User Content from a variety of sources, and Savas Realty is not responsible or liable for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Savas Realty with respect to such User Content.

4.9 Savas Realty respects copyright law and expects Users to do the same. It is Savas Realty's policy to terminate in appropriate circumstances the Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

5. Prohibited Activities

5.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site. In connection with your use of the Site, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
  • use the Site for any purpose other than the Purpose;
  • use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Savas Realty endorsement, partnership or otherwise misleads others as to your affiliation with Savas Realty;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Users or third parties;
  • use the Site in connection with the distribution of unsolicited commercial messages ("spam");
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
  • use, display, mirror or frame the Site or Collective Content, or any individual element within the Site, Savas Realty's name, any Savas Realty trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without Savas Realty's express written consent;
  • dilute, tarnish or otherwise harm the Savas Realty brand in any way, including through unauthorized use of Collective Content, registering and/or using Savas Realty or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Savas Realty domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Site for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Savas Realty or any of Savas Realty's providers or any other third party to protect the Site;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site;
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

5.2 You acknowledge that Savas Realty has no obligation to monitor the access to or use of the Site by any User or to review, disable access to, or edit any User Content, but has the right to do so to operate, secure and improve the Site; ensure Users’ compliance with these Terms; comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; respond to User Content that it determines is harmful or objectionable; or as otherwise set forth in these Terms. Users agree to cooperate with and assist Savas Realty in good faith, and to provide Savas Realty with such information and take such actions as may be reasonably requested by Savas Realty with respect to any investigation undertaken by Savas Realty or a representative of Savas Realty regarding the use or abuse of the Site.

5.3 If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior, you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Savas Realty by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

6. Term and Termination, Suspension and other Measures

6.1 This Agreement shall be effective for either a thirty (30) day or annual (1 year) term, at the end of which it will automatically and continuously renew for subsequent thirty (30) day or annual (1 year) terms until such time when you or Savas Realty terminate the Agreement in accordance with this section.

6.2 You may terminate this Agreement at any time by contacting us at hello@savasrealty.com and providing notice of your intent to terminate. You may also contact us at the forgoing address to submit (i) a data access request, pursuant to which we will provide you with confirmation of all personal data currently being stored or otherwise used by us and relating to you, and access to the same; (ii) a data rectification request, pursuant to which we will rectify any incorrect data currently being stored or otherwise used by us and relating to you; and/or (iii) a data deletion request, pursuant to which we will delete all personal data currently being stored or otherwise used by us and relating to you.

6.3 Without limiting our rights specified below, Savas Realty may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

6.4 Savas Realty may terminate this Agreement immediately and without notice if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Savas Realty believes in good faith that such action is reasonably necessary to protect the personal safety or property of Savas Realty, its Users, or third parties (for example in the case of fraudulent behavior of a User).

6.5 In addition, Savas Realty may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (ii) if you have breached these Terms, applicable laws, regulations, or third party rights; (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information during the Savas Realty account registration, listing process or thereafter; (iv) if Savas Realty believes in good faith that such action is reasonably necessary to protect the personal safety or property of Savas Realty, its Users, or third parties, or to prevent fraud or other illegal activity; (v) for any other bona fide reason determined by Savas Realty in a good faith exercise of its reasonable business judgment: limit your access to or use of the Site; temporarily or permanently revoke any special status associated with your Savas Realty account; or temporarily or in case of severe or repeated offenses permanently suspend your Savas Realty account.

6.6 When this Agreement has been terminated, you are not entitled to a restoration of your Savas Realty account or any of your User Content. If your access to or use of the Site has been limited or your Savas Realty account has been suspended or this Agreement has been terminated by us, you may not register a new Savas Realty account or access and use the Site through a Savas Realty account of another User.

6.7 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination to effect the purposes of the Agreement will remain in effect.

7. Disclaimers

7.1 You agree to use the Site and Collective Content at your own risk. Savas Realty provides the Site and Collective Content "as is" and without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 You agree that you have had whatever opportunity you deem necessary to investigate the Services, laws, rules, or regulations that may be applicable to your use of the Site and that you are not relying upon any statement of law or fact made by Savas Realty relating to such use.

7.3 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

8. Liability

8.1 You acknowledge and agree that, to the maximum extent permitted by law, Savas Realty is not liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Site or Collective Content, or (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Site, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Savas Realty 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. In no event will Savas Realty’s aggregate liability arising out of or in connection with these Terms and your use of the Site, or from the use of or inability to use the Site or Collective Content and in connection therewith, exceed the amounts you have paid or owe for use of the Site in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Savas Realty and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

9. Indemnification

9.1 You agree to release, defend (at Savas Realty’s option), indemnify, and hold Savas Realty 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, (ii) your improper use of the Site or any Services, (iii) your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, or (iv) your breach of any laws, regulations or third party rights.

10. Dispute Resolution

10.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Savas Realty in the United States (to the extent not in conflict with Section 14).

10.2 Overview of Dispute Resolution Process

Savas Realty 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 10.1 applies: (1) an informal negotiation directly with Savas Realty’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 10). Specifically, the process provides:

  • 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.

10.3 Pre-Arbitration Dispute Resolution and Notification

Prior to initiating an arbitration, you and Savas Realty 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 Savas Realty’s customer service team by emailing us at the contact addresses provided on the Site. 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.

10.4 AGREEMENT TO ARBITRATE

YOU AND SAVAS REALTY MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT OR INTERPRETATION THEREOF, OR TO THE USE OF THE SITE, ANY SAVAS REALTY SERVICE OR THE COLLECTIVE CONTENT (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION (THE “ARBITRATION AGREEMENT”). IF THERE IS A DISPUTE ABOUT WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED OR APPLIES TO OUR DISPUTE, YOU AND SAVAS REALTY AGREE THAT THE ARBITRATOR WILL DECIDE THAT ISSUE.

10.5 Exceptions to Arbitration Agreement

You and Savas Realty 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:

  • 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;
  • Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

11. Feedback

11.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback“). You may submit Feedback by emailing us, through the Contact section of the Site, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

12. Applicable Law and Jurisdiction

12.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 10 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

13. Telephone Contract and Recording Policy

13.1 By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number, about any product or services offered by Savas Realty. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You under

14. Miscellaneous

14.1 Except as they may be supplemented by additional terms and conditions (such as the Savas Realty Privacy Policy, Savas Realty’s Licensing and Disclosure addendum and Savas Realty’s Terms and Conditions of Use applicable to Savas Realty customers who request access to information about Savas Realty’s properties), customer agreements (such as the Savas Realty “Price Guarantee” and “Cash Advance” agreements, as those product offerings are outlined elsewhere on the Site), policies, guidelines or standards, these Terms constitute the entire Agreement between Savas Realty and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Savas Realty and you in relation to the access to and use of the Site. Without limiting the generality of the foregoing, you hereby agree and acknowledge that you have carefully reviewed, and you understand and agree to Savas Realty’s Privacy Policy and its Licensing and Disclosures addendum.

14.2 No joint venture, partnership, employment, or agency relationship exists between you and Savas Realty as a result of this Agreement or your use of the Site.

14.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

14.4 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.

14.5 Savas Realty’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.

14.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Savas Realty's prior written consent. Savas Realty 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.

14.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by Savas Realty via email, Site notification, or messaging service (including SMS).

14.8 If you have any questions about these Terms please email us at the contact information provided in the “Contact” section of the Site.