Last revised: May 12, 2017
This system (the “System”) is owned and operated by SavvyPhone, LLC (referred to herein as “SavvyPhone”, “we”, “us” and “our”). Your use of the System is subject to the following terms and conditions.
All information, materials, functions and other content (including Submissions as defined below) provided on this System (collectively “Content”), such as text, graphics, logos, images, button icons, audio recordings, video recordings, data compilations, etc., is our property or the property of our licensors, and is protected by United States and international copyright laws, and other intellectual property laws and protections as applicable. The compilation, collection, arrangement, and assembly of all content on this System are our exclusive property and are protected by United States and international copyright laws, and other intellectual property laws and protections as applicable. All software used on this System is the property of SavvyPhone or its software suppliers and protected by United States and international copyright laws, and other intellectual property laws and protections as applicable. Except as stated herein or as otherwise provided in an express authorization from us, no material from the System may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this System is strictly prohibited. ©2010-2017 SavvyPhone, LLC. All rights reserved.
SavvyPhone does not assert copyright or grant any rights to the images or descriptions of real estate listings provided through the System. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.
SavvyPhone, SavvyCard, SavvyView, SavvyDecks, SavvyIDX and Send To Mobile are registered trademarks and/or trademarks of SavvyPhone in the United States and/or other countries. Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively "Trademarks") used and displayed on this System are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this System should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the System. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or any third parties, or in any manner that disparages or discredits us. You may not use any of SavvyPhone’s trademarks as part of your User Account name or email address on the System. All other trademarks not owned by SavvyPhone that appear on this System are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SavvyPhone.
One or more patents apply to this System and to the features and services accessible via the System, including without limitation: U.S. Patent No. 9,625,344 and all corresponding foreign counterparts.
You are responsible for obtaining access to the Service and you acknowledge that access may involve third party fees (such as Mobile or Internet service provider, data packages, text packages or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In the event that we offer downloads of software or other content (such as native or non-native applications) from this System and you download such software or other content, the software or other content, including any files, images incorporated in or generated by the software or other content, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, non-commercial use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
SavvyPhone is not a licensed real estate broker and does not broker real estate transactions. SavvyPhone does not act as a real estate agent for you or any other user. SavvyPhone does not buy, sell, or negotiate the purchase, sale, or exchange of real estate. SavvyPhone does not rent or lease, offer to rent or lease, or negotiate the lease of real estate or otherwise aid or assist in the lease of real estate.
SavvyPhone is not a mortgage broker, loan originator, loan processor, lender or underwriter. SavvyPhone does not aid or assist borrowers in obtaining loans.
As a consumer, you agree to use the Services for your personal use. Acting in their professional capacity, the commercial use of the Services by real estate agents, lending professionals and other companies providing home services, is limited to providing information to consumer clients via the Services or where authorized, taking actions on behalf of a consumer client.
SavvyPhone operates and manages programs (“Find Services”) for its partners (Real Estate Associations, Real Estate Brokerages, Multiple Listing Services (MLSs)). Find Services programs include directories of professionals and companies (“Service Providers”) providing Home Services. You can search these directories for Service Providers who provide the services you are looking for. We do not guarantee that there will be specific Service Providers in your area, or that they will be capable or willing to provide the services you are looking for. Other users of the System may also refer Service Providers to you, either at your request, or because of your status as a home owner, home buyer or home seller.
The System allows Service Providers to post content about themselves and their business. We do not review or verify the information or representations contained in such content, except as expressly detailed below (“Service Provider Screening”). We therefore make no representations or warranties regarding any content posted by a Service Provider, and assume no liability for such content.
The System allows other users of the System to post content (Testimonials, Reviews, Ratings) reflecting their opinions of specific Service Providers. Such content does not reflect or represent the opinions or representations of SavvyPhone. SavvyPhone does not endorse such content and disclaims any and all representations or warranties with regard to such content. You represent and warrant that any such content provided by you is accurate and truthful, and is for a Service Provider that has performed services for you.
The System and our Messaging Services provide content relating to home services (home maintenance, repair, improvement). Such content is provided “As-Is”, without any representations or warranties and you assume all liability and responsibility for your use of such content. You understand and agree that such content does not provide advice and is no substitute for the advice of a professional.
The System and our Messaging Services may inform you of a Service Provider’s offers and discounts. Such offers and discounts are made solely by the Service Provider and we do not warrant or guarantee discounts or pricing a Service Provider may offer you. Any estimates or quotes provided to you by Service Providers via the System are for informational purposes only, and are not contractually binding offers. To contract with a Service Provider, you must work directly with a Service Provider.
Disclosure: SavvyPhone receives advertising and related fees from the Service Providers who are listed in the Find Services programs and directories. You of course are free to shop around and use any provider you like.
Service Provider Screening. Using information provided to us by the Service Provider (e.g., Name of Company or Owner, Federal Tax ID, details of applicable licenses), SavvyPhone performs screening at the time the Service Provider applies for inclusion in one or more Home Services Directories. The screening criteria and procedure may change from time to time at the sole discretion of SavvyPhone. Where applicable, the screening criteria used are:
While we attempt to maintain accurate and up to date information and confirm changes when notified, we do not represent or warrant that the screening information which includes information from government agencies (federal, provincial, state) and third-party sources is up to date, accurate or error free. Depending upon your local authorities or the type of work being performed, there may be additional licensing requirements. We recommend that before working with a Service Provider you verify that they (and their sub-contractors, if any) carry all the appropriate licensing.
SAVVYPHONE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING CRITERIA OR PROCEDURE, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING CRITERIA OR PROCEDURE ARE SUFFICIENT.
SavvyPhone does not recommend or endorse any particular Service Provider. We make no representations or warranties of any kind, express or implied, about the skills, reliability, quality, or performance, for any purpose, of any of the Service Providers. It is entirely up to you to evaluate a Service Provider’s qualifications and decide whether to enter into a direct contract with them. The Service Providers are not employees or agents of SavvyPhone, nor is SavvyPhone an agent of the Service Providers.
Should you have a dispute with a Service Provider who you learnt about through a Find Services program, you must address the dispute with the Service Provider directly. However, upon your request, we may provide limited assistance in resolving a dispute between you and a Service Provider. You must participate and use good faith efforts to assist SavvyPhone’s Customer Service in accurately documenting the problem and your desired resolution. SavvyPhone will communicate this information to the Service Provider. Within thirty (30) days of SavvyPhone providing this information to the Service Provider, SavvyPhone will contact you and the Service Provider to determine if the dispute was resolved. While we cannot ensure resolution, after review of a dispute, SavvyPhone reserves the right to remove a Service Provider from any Find Services Program in which they are a participant.
YOU HEREBY AGREE TO RELEASE SAVVYPHONE (AND OUR OFFICERS, DIRECTORS, PARTNERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROVIDERS.
You are prohibited from using the Messaging Services to send messages that contain advertising or a commercial solicitation to any person or entity without their consent. You must not use our Messaging Services to send messages that: (a) are bulk messages; (b) are automatically generated; (c) can disrupt our System; (d) harass or threaten another person; (e) interfere with another customer’s use or enjoyment of our services; (f) generate significant or serious customer complaints; (g) that falsify or mask the sender/originator of the message; or (h) violate any law or regulation. Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating Electronic Messaging constitutes a violation of this AUP.
In addition to any other actions SavvyPhone may take for violations of this AUP, if in our sole discretion we reasonably believe that you are using the Messaging Services in any manner that is prohibited or excessive, then we may without advance notice: (a) suspend or terminate Messaging Services for your User Account and any associated User Account(s); and/or (b) suspend or terminate your User Account and any associated User Account(s).
Short Code SMS Messaging Service:
You can purchase products and/or services on our Site. We accept credit cards issued by U.S. banks; credit cards registered/owned outside the U.S. may be subject to a 5 day waiting period prior to completing the registration/subscription process. Other forms of payment may include certain debit cards and ACH transfers, etc. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.
Links to third party systems may be provided on this System. If so, they are provided solely as a convenience to you. If you use such links, you will leave this System. We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these systems and their content. We do not endorse or make any representations about such systems or any information or materials found there, or any results that may be obtained from using them. If you access any third party systems linked from this System, you do so at your own risk.
Except as set forth above in Use of System and Content, no other hyperlinks, other than that which is created by your registration to SavvyCard are permitted without our prior written consent. If you would like to link to this System from your system, please submit your request via email to: firstname.lastname@example.org. Unless you receive our express written consent, your request to link to this System shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of SavvyPhone a system that links to this System:
We deeply respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
Our Copyright Agent for notice of claims of copyright infringement on this System can be reached as follows:
Attn: Copyright Agent
Address: 200 Central Ave Suite 111B
St Petersburg, FL 33701
By Telephone: +1 (727) 502-6012
By Fax: (800) 305-9552
You agree that you shall not post or transmit to or from this System any Submissions that are unlawful, threatening, libelous, defamatory, obscene, scandalous, threatening, inflammatory, invasive of privacy, pornographic or profane material, any other material that could give rise to any civil or criminal liability under the law, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SavvyPhone reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content.
The use of certain products or services on this System permit or require you to subscribe which means to create an account ("User Account") to participate in or to secure additional benefits. Should you choose to register/subscribe, you agree to provide, maintain and update true, accurate, current and complete information ("Registration Information") about yourself as prompted by our registration/subscription processes. You are responsible for updating and maintaining the accuracy of Registration Information. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this System.
If you use this System, you are responsible for maintaining the secrecy and security of any personal or User Account information, including but not limited to, your User Name and password. You are also responsible for restricting access to your computer, Internet capable cellular Phone and/or tablet PC, and you agree that you are responsible and liable for all activities that occur under your account or password. Only an authorized licensed Subscriber is permitted to use the password-protected content within SavvyPhone. If you provide or disclose your User Name, Password, or otherwise knowingly or unknowingly allow unauthorized access into the fee-based services, the original site license holder shall be responsible for and will be billed the applicable fee for each order an unauthorized user places. SavvyPhone is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify SavvyPhone immediately. SavvyPhone reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
"Public Forum" means an area or feature offered as part of this System that offers the opportunity for users to distribute Submissions for viewing by one or more System users, including, but not limited to (although the following may not yet be available on the System), a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Public Forums and features offered herein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the System under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.
You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the System.
The following Rules of Conduct apply to the System. By using the System, you agree that you will not upload, post, or otherwise distribute to the System any Submission that:
If this System is viewed internationally, you are responsible for compliance with applicable local laws.
SavvyPhone is committed to the safety of all children. Persons under the age of 18 may not register as a System Subscriber. SavvyPhone does not sell products or services for use or purchase by children. If you are under 18, you may use the systems only with the involvement of a parent or guardian. SavvyPhone does not solicit or knowingly collect personally identifiable information from children under the age of 13. If SavvyPhone obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, SavvyPhone will promptly delete such information from its database. Because SavvyPhone does not collect personally identifiable information from children under the age of 13, SavvyPhone has no such information to use or disclose to third parties.
When you visit SavvyPhone Internet Sites or send e-mails or SMS messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by SMS messages or by posting notices on this System. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THIS SYSTEM, THE OPERATION OF THIS SYSTEM, SOFTWARE, AND ALL INFORMATION, MATERIALS, PROUCTS, SERVICES, AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SYSTEM (THE "CONTENT") IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SYSTEM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SYSTEM OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SYSTEM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SYSTEM IS AT YOUR SOLE RISK.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SYSTEMS (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SYSTEM AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SYSTEM OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SYSTEM OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SYSTEM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PARTICULAR SERVICE OR SYSTEM CAUSING SUCH LIABILITY. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SYSTEM OR CHANGE THE SYSTEM OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
We make no representations that the Content on the System is appropriate or available for use in any particular location. Those who choose to access the System do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
Supply of goods, services, and software through the System is subject to United States export control and economic sanctions requirements. By acquiring any such items through the System, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the System if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
Address: 200 Central Ave Suite 111B
St Petersburg, FL 33701
By Telephone: +1 (727) 502-6012
By Fax: (800) 305-9552