Thank you for your interest in and/or use of Actovia! The Terms of Service (these “Terms” or the “Agreement”) outlined in this page apply to anyone or any entities who access Actovia websites or related downloadable content and applications (collectively, the “Actovia Applications”), including without limitation tenants, potential tenants, and commercial brokers (collectively, with all persons or entities who access Actovia Applications, “Users”, “you”, or “your”). For the avoidance of doubt, the “Actovia Applications” shall include all information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on the website.
What is Actovia?
Actovia is a technology and data company that created and facilitates the development of the Actovia Applications which deliver information, usually pertaining to real estate information.
The Actovia Applications are owned and operated by Actovia Inc. (collectively, with its subsidiaries and affiliates, “Actovia”, “we”, “us”, or “our”). Actovia was founded in 2011 and since then, we have been designing, developing and supporting real estate data software platforms. Throughout these Terms, all references to Actovia Applications and the Services shall include the websites of affiliates and subsidiaries of Actovia that are involved with the operation of Actovia Applications or the provision of the Services.
PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ACTOVIA. THIS AGREEMENT ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON ACTOVIA APPLICATIONS WITH RESPECT TO ACTOVIA PRODUCTS AND SERVICES, AND ANY OTHER WRITTEN AGREEMENTS OR CONTRACTS BETWEEN YOU AND ACTOVIA THAT INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE ACTOVIA APPLICATIONS AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE ACTOVIA APPLICATIONS OR THE SERVICES.
Acceptance to these Terms
Actovia is pleased to provide Actovia Applications and the Services conditioned upon your acceptance, and we hope that you will find Actovia Applications informative and useful. BY USING ACTOVIA APPLICATIONS, YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS WITHOUT QUALIFICATION. ACTOVIA MAY AMEND THESE TERMS FROM TIME TO TIME. SHOULD THESE TERMS BE MODIFIED IN ANY WAY, THE NEW TERMS WILL BE POSTED TO THIS WEBPAGE. BY USING ACTOVIA APPLICATIONS AFTER THE EFFECTIVE DATE OF ANY MODIFICATION TO THESE TERMS, YOU EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE MODIFIED TERMS.
Description of Service
The term “Service” shall mean Actovia Applications, online web pages, data, analysis, screens, reports, documentation, spreadsheets, photographs, maps, and other information of any kind that are accessible through the Actovia web application (including app.actoviacmi.com or app.actovia.com), which application is currently located at various URLs owned and operated by Actovia, as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein. In addition, the meaning of “Service” shall include all correspondence, email, or data sent by Actovia personnel or agents.
You also understand and agree that the Service may include advertisements or links to third party websites. You also understand and agree that the Service may include certain communications from Actovia, such as service announcements, administrative messages and various emails, which may include attachments. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Actovia properties, shall be subject to the Agreement. You understand and agree that the Service is provided as-is and that Actovia assumes no responsibility for the timeliness, deletion, mis delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
A valid credit card or bank account may be required to subscribe to our Service. After your first purchase, your information will be saved by our payment service gateway partners, Stripe or Authorize.net. This is to ensure full protection of your billing information, as Actovia does not store your complete billing information. You agree to these terms by clicking buttons that correspond to making payments for our Service.
Auto-Renewal. All subscriptions will automatically renew to preserve continuity of the services. Memberships, including those that were discounted, will auto-renew at the regular price in effect on the date the user subscribed, unless Actovia notifies the user of a price change. If the user has not cancelled their membership or turned off the auto-renew function within the specified time after receiving notice of a price change, the user’s membership subscription will auto-renew at the price indicated in the notice.
Cancellation. In order to cancel and not be charged for renewal, the user must cancel before their renewal date. If the user does not cancel, the subscription will auto-renew as described in the “Auto-Renewal Policy” section. To cancel a subscription, please contact us at (732) 987-9870, or go into “my account” and deselect the auto-renew option on certain Actovia Applications.
A free account option may be available on certain Actovia Applications, accessible to all users after completing a registration form. No credit card information is required, but users must fill in their Name, Phone Number, Email address, and other mandatory form fields on the application. Free accounts may have limits of usage and feature limitations on the application that will be lifted upon payment to a full subscription account.
Access to and Use of Actovia Applications
Actovia provides you with certain information and functionality through Actovia Applications. You are solely responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.
Actovia has the right, but not the obligation, to take any of the following actions without providing any prior notice to you: (a) change or terminate all or any part of Actovia Applications or the Services; (b) restrict or terminate your access to all or any part of Actovia Applications or the Services; or (c) refuse, move, or remove any content that is available on Actovia Applications and any material that you submit to Actovia Applications.
Subject to your compliance with these Terms, Actovia hereby grants you permission to access and use Actovia Applications and the Services, provided that you shall not (and shall not allow any third party to): (a) engage in commercial use of Actovia Applications or any content on Actovia Applications; (b) access or use any portion of Actovia Applications if you are a direct or indirect competitor of Actovia; (c) provide, disclose, or transmit any content from Actovia Applications to any direct or indirect competitor of Actovia; (d) use or distribute any information from Actovia Applications, including information that you or anyone else has verified, to directly or indirectly create or contribute to the development of any database or product; (e) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, export, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on Actovia Applications for other than your own personal, non-commercial use; store, copy or export any portion of Actovia Applications into any database or other software; (f) remove any copyright, trademark or other proprietary rights notices contained in or on Actovia Applications or the Service or in or on any content or other material obtained via Actovia Applications or the Services; (g) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of Actovia Applications or the Services, including, but not limited to, for purposes of constructing or populating a searchable database or software that includes property information; (h) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (i) reformat or frame any portion of the web pages that are part of Actovia Applications or the Services; (j) create user accounts by automated means or under false, misleading or fraudulent pretenses; (k) create or transmit unwanted electronic communications such as “spam” to other users or members of Actovia Applications or the Services or otherwise interfere with other users’ or members’ enjoyment of Actovia Applications or the Services; (l) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (m) use Actovia Applications or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (n) copy or modify the HTML code used to generate web pages on Actovia Applications; (o) use any device, software or procedure that interferes with the proper working of Actovia Applications or the Services, or otherwise attempt to interfere with the proper working of Actovia Applications or the Services; (p) take any action that imposes, or may impose in Actovia’s sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (q) modify, adapt, translate, or reverse engineer any portion of Actovia Applications or the Services; or (r) use Actovia Applications or the Services, intentionally or unintentionally, to violate any applicable international, national, federal, state, provincial, or local law or regulation, including, but not limited to, Fair Housing laws and regulations.
Services and Content not provided
Actovia has no responsibility or duty to review, approve or pre-screen any content posted on Actovia Applications by You or any third party, and Actovia is not responsible for such content. You understand that all property listings, lease terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents posted on Actovia Applications or transmitted through or in connection with the Services by third parties (the “User Content”) are the sole responsibility of the third party from whom such User Content originated.
You represent and warrant that you own or otherwise possess all necessary rights with respect to any materials you post on Actovia Applications or transmit through or in connection with the Services, including without limitation photographs, images, text, documents, graphics and other materials (collectively, “Submitted Materials”), and that your Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
You hereby grant Actovia a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense, to use, reproduce, distribute, create derivative works of and publicly display your Submitted Materials and any and all non-personal data provided in conjunction with the rendering of Services through Actovia Applications. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.
ACTOVIA DISCLAIMS ANY AND ALL LIABILITY RELATING TO THE USER CONTENT AND SUBMITTED MATERIALS. ACTOVIA DOES NOT GUARANTEE, AND YOU SHALL NOT HOLD ACTOVIA RESPONSIBLE FOR, THE USER CONTENT OR SUBMITTED MATERIALS (INCLUDING THE ACCURACY OR TRUTH OF SUCH USER CONTENT), OR THE NATURE, SAFETY, QUALITY, CONDITION, MANAGEMENT OF ANY COMMERCIAL LISTINGS OR PROPERTIES ON ACTOVIA APPLICATIONS OR THE COMPLIANCE WITH ANY LAWS, REGULATIONS OR RULES THAT MAY BE APPLICABLE TO SUCH PROPERTIES. YOU AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR EVALUATING, AND ARE SOLELY RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH, THE USE OF ANY USER CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL ACTOVIA BE LIABLE FOR ANY USER CONTENT, SUBMITTED MATERIALS, OR FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR SUBMITTED MATERIALS.
Actovia reserves the right, but does not have any obligation, in its sole discretion, to delete or refuse to post any User Content that violates the letter or spirit of any applicable agreements between Actovia and the owners, Users, advertisers, or others posting or seeking to post any content, or for any other reason.
You acknowledge and agree that Actovia provides only the Services as described in these Terms or as otherwise expressly provided on Actovia Applications by Actovia – we do not provide, and bears no responsibility or liability for, any other content or services, including but not limited to the following:
- Real estate sale transactions
- Lease transactions
- Legal, brokerage or other related professional services or advice
- Inspection, screening, or pre-approval of commercial properties
- Verification, screening or pre-approval of listings
- Evaluation, screening or pre-approval of property managers or other advertisers who post listings or other content on Actovia Applications
In the event that you desire, require, or need assistance with any such services or any other services not provided through Actovia Applications, you are solely responsible for obtaining them from a qualified third party.
Modifications to Terms
Actovia may modify or update these Terms from time to time, in its sole discretion, and reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, Actovia Applications or any part thereof, or any or all of the Services, or any Actovia Application features, with or without notice and without liability to you. You agree that Actovia has no responsibility or liability for the failure of Actovia Applications and the deletion of other content maintained or transmitted by Actovia Applications. You further agree that Actovia shall not be liable to you or to any third party for any modification, suspension or discontinuance of Actovia Applications. Modifications to these Terms, including but not limited to any Actovia Requirements, will be posted on the relevant area of Actovia Applications and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the “Terms of Service” or “Terms” links located on webpages throughout Actovia Applications. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use Actovia Applications or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF ACTOVIA APPLICATIONS AND THE SERVICES.
Account Registration and Use
In order to use certain features of Actovia Applications or the Services, you may have to register and create a password-protected account (“Your Account”) and/or submit property listings, lease terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents (collectively, “Information and Material”).
You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Actovia reserves the right to delete Your Account and refuse any and all current or future use of Actovia Applications (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if Actovia has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify Actovia of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your Actovia Applications password(s) to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on Actovia Applications or attempt to gain access to any Actovia Applications accounts of any other user. ACTOVIA CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
You acknowledge that Actovia has the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and Actovia Applications security issues, to the fullest extent of the law. Actovia may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Actovia has no obligation to monitor your access to or use of Actovia Applications or the Services, but has the right to do so for the purpose of operating Actovia Applications, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
General Site Content
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided throughout Actovia Applications. Actovia does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on Actovia Applications. We make no representations or warranties, express or implied, with respect to the information provided on Actovia Applications.
Third Party links and services
Actovia Applications may contain links or voice accessibility to third-party websites or resources including but not limited to sites with information about specific commercial properties. Access to such third-party websites, services or resources are included solely for the convenience of Users, and do not constitute any endorsement or approval by Actovia of the third-parties, anyone sponsoring these sites or their products or services, or the products or services themselves. We make no representations or warranties, express or implied, with respect to the information provided on Actovia Applications or any third-party website or service which may be accessed from Actovia Applications, including any representations or warranties as to accuracy or completeness. Because Actovia has no control over third-party websites, resources, products or services, you acknowledge and agree that Actovia is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Actovia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, products, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving Actovia Applications, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites. You acknowledge and understand that Actovia does not (a) provide legal, brokerage or other professional advice or services to any property managers, owners or others who list properties or otherwise use Actovia Applications or the Services, (b) participate in any negotiations with respect to leases or other transactions involving third-parties, or (c) guarantee, endorse or ensure a commercial property or any lease or other transaction between a User and property manager, owner or any other person or entity.
Actovia Applications my use Google Maps and related content licensed to Actovia by Google and its licensors. By using the Google Maps features available on Actovia Applications, you are agreeing to be bound by the applicable Google Terms of Service.
You acknowledge and agree that Actovia Applications and the Services use and contain content, information and proprietary and confidential technology owned by or licensed to Actovia, and protected by applicable intellectual property and other laws and international treaties (collectively, “Actovia Content”). The Actovia Content displayed on or through Actovia Applications and Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by Actovia and its licensors under United States and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Actovia Content, Actovia Applications or access to Actovia Applications in any way without the prior written permission of Actovia. All content on Actovia Applications that is not Actovia Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained in or attached to any Actovia Content. Actovia, the Actovia logo and all other registered and unregistered marks used in connection with Actovia Applications and the Services (the “Actovia Marks”) are trademarks, trade names, or service marks of Actovia unless otherwise indicated. You are not authorized to use or display the Actovia Marks, without the prior express written permission of Actovia. Ownership of all Actovia Marks and the goodwill associated therewith remains with Actovia. All other trademarks are the property of their respective owners.
You agree to indemnify and hold Actovia and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE:
- YOUR USE OF ACTOVIA APPLICATIONS AND THE SERVICES IS AT YOUR SOLE RISK. ACTOVIA APPLICATIONS AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO ACTOVIA APPLICATIONS AND INFORMATION AND MATERIAL IN ACTOVIA APPLICATIONS, ACTOVIA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
- ACTOVIA AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF ACTOVIA APPLICATIONS OR THE SERVICES; (B) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH ACTOVIA APPLICATIONS; (C) THAT ACTOVIA APPLICATIONS OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS; (D) THAT ACTOVIA APPLICATIONS OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN ACTOVIA APPLICATIONS, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ACTOVIA APPLICATIONS OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN ACTOVIA APPLICATIONS OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (G) THAT ACTOVIA APPLICATIONS AND ITS CONTENTS AND SERVER THAT MAKES ACTOVIA APPLICATIONS AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF ACTOVIA APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTOVIA OR FROM YOUR USE OF ACTOVIA APPLICATIONS OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
ACTOVIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION PARTNERS, REFERRAL PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS AND CONTRACTORS (COLLECTIVELY THE “ACTOVIA ENTITIES”) WILL NOT BE LIABLE FOR:
- ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE ACTOVIA APPLICATIONS AND/ OR ANY ACTOVIA SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH ACTOVIA APPLICATIONS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE ACTOVIA PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
- THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;
- THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY ACTOVIA OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY ACTOVIA;
- THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY ACTOVIA THAT IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR
- ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of Actovia Applications, or with any of these Terms, your sole and exclusive remedy is to discontinue use of Actovia Applications and Services.
Actovia does not assume responsibility to you or others for any failure by Actovia to enforce the provisions contained in the Terms.
You agree that Actovia, in our sole discretion and with or without notice, may terminate your use of Actovia Applications or any part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you or if Actovia believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Actovia may also in its sole discretion and at any time discontinue providing Actovia Applications, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to Actovia Applications under any provision of the Terms may be affected without prior notice, and acknowledge and agree that Actovia may immediately bar any further access to Actovia Applications. Further, you agree that Actovia shall not be liable to you or any third party for any termination of your access to Actovia Applications or the Services.
You hereby represent and warrant to Actovia that: (a) you have all the requisite power and authority, corporate or otherwise, to enter into the binding contract created by these Terms, conduct yourself and your business and to execute, deliver, and perform all of your obligations under this Agreement; (b) you have the right to submit and use your Information and Materials in the manner you have done so to or through Actovia Applications and/or through Your Account; (c) you have the right to grant the licenses granted under these Terms; (d) your performance under these Terms and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; and (e) your performance under these Terms will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign.
- Governing Law. For all legal proceedings arising out of use of Actovia Applications and/or relating to the Terms, these Terms and the relationship between you and Actovia shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of New Jersey. You and Actovia hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the County of Ocean County (New Jersey) or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Actovia irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
- Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Actovia, which may be granted or withheld by Actovia in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Actovia may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
- Waiver. The failure to exercise or enforce any right or provision shall not affect Actovia’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
- Entire Agreement. These Terms, the terms incorporated herein, and any other terms agreed to in writing by the parties or by way of your use of Actovia Applications or the Services shall constitute the entire and exclusive understanding and agreement between you and Actovia regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.
- Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of Actovia Applications must be filed within 1 year after such claim or cause of action arose or be forever barred.
Actovia respects the intellectual property of others, and we ask our users, property managers, owners, and commercial brokers to do the same. Actovia has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).
If a third party believes that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have been otherwise violated, it should provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that it claims has been infringed; (iii) a description of where the material that it claims is infringing is located on Actovia Applications; (iv) its address, telephone number, and email address; (v) a statement that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the above information in your notice is accurate and that it is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
These notices should be sent to us via Web Form or via mail:
Attn: DMCA – Legal Department
2290 W County Line Road
Jackson, NJ 08527
Actovia may terminate the accounts of parties who are repeat infringers or are repeatedly charged with infringement in appropriate circumstances.
If you have any questions regarding these Terms you may contact us at:
2290 W County Line Road
Jackson, NJ 08527
Last updated: May 2022