Last Updated December 17, 2018
Loftium, Inc (Loftium) owns and operates the website www.loftium.com (the Site). The Site, together with all of the materials, documents, text, images, graphics, animation, videos and other information and content (Content) and any and all services provided at the Site, are collectively referred to as the Service.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT REGISTER FOR, ACCESS OR USE THE SERVICE. COMPLETING OUR REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS OF SERVICE, WITHOUT MODIFICATION.
Loftium reserves the right, at its sole discretion, to update, modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. Loftium will use reasonable efforts to provide notice of any material change in advance of the effective date of that change. Change notices may be communicated by postings at the Site, by email or otherwise. In any case, you should periodically check the Policies and other Terms of Service for changes. Continued access or use of the Service following any change to the Terms of Service constitutes your acceptance of those changes. The Terms of Service may not otherwise be amended, as they apply to you, except by a written agreement executed by you and Loftium.
Loftium may update, modify, suspend or terminate the Service (including without limitation, the Site or any Content), in whole or in part, at any time.
Loftium intends that the Service be made available only to individuals who are at least 18 years old and interested in purchasing real estate in the markets we serve. If you do not qualify, then you are prohibited from accessing, registering for or using the Service. Subject to compliance with applicable laws and regulations, Loftium may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.
You may elect to register for an Account to use the Service, at your sole discretion.
If you do not register for the Service, you may still visit the Site and use certain general features of the Service (such as, for example, browsing real estate listings and using the mortgage calculator) but not the most advanced features, like obtaining an estimate (Estimate) or formal quote (Quote) for possible assistance with a down payment for the purchase of real estate.
If you choose to register for an account, then you will be required to provide Loftium with current, complete and accurate information, as more specifically required by then current procedures and operational prompts. You will be required to provide at least the following information in order to establish your account and register for and use advanced Service features: name, email address, telephone number, and password and certain preferences and permissions. You are required to maintain and update your registration data from time to time, to ensure that it is always current, complete and accurate. You may be required to provide additional information that is necessary to provide you with advanced Service features. For example, if you apply for an Estimate or Quote, you will need to provide additional information, which may include things like the property address, selling price, the amount of your down payment, your overall housing budget and a description of various amenities applicable to renting your property.
Registration may be initiated by connection to a social media account designated by you, in which case corresponding information (to the extent it is available), but not other information, will be obtained from that provider. Currently, the Service supports registration using Facebook and Google.
Loftium may refuse to accept your application to register for the Service, in its sole discretion. Upon acceptance, Loftium will activate your account. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and you will be solely liable for any and all activities under your account. You agree to notify Loftium immediately of any unauthorized use of your account or any other breach of security related to the Service.
Quotes provided by Loftium are binding commitments for the applicable property and specified payment amount. However, Quotes are subject to execution, delivery and performance of a Homebuyer Agreement (as described below).
You and Loftium may negotiate and enter into an agreement that is based on a Quote, pursuant to which Loftium would agree to provide down payment assistance for your purchase of real estate and you would grant Loftium certain rights to rent one or more rooms in your property (using Airbnb or similar service) and to collect and share with you the corresponding rental payments (a Homebuyer Agreement). Any Homebuyer Agreement will be effective only if, when and as specified in a separate written agreement that is acceptable to and executed and delivered by you and Loftium, subject to all of the contingencies, limitations, disclaimers and other terms and conditions specified therein.
Loftium and you each hereby agrees that neither our operation of the Service, your use of the Service nor the delivery of any Quote through the Service constitutes an obligation or commitment by you or Loftium to enter into any Homebuyer Agreement.
Loftium makes no representation, warranty or covenant related to any Quote (including without limitation, that any Quote will be issued to you, that you will be satisfied with the amount or terms of any Quote, or that any Quote will qualify you to be approved for any mortgage).
Fees and Payments.
At this time, the Service may be accessed and used without charge, but each of them is responsible for procuring all equipment and services needed to connect to the Service (such as, for example, mobile devices, computers, Internet services and cellular data services).
Not Real Estate Services.
The Service is only a tool, which may assist users in their efforts to identify, view (online) and purchase real estate. Loftium does not offer or provide any kind of traditional real estate services or other professional services related to purchasing or owning real estate or rental properties. Without limiting the generality of the foregoing, Loftium does not provide (and the Service should not be relied on for) any kind of brokerage, agency, inspection, appraisal, title, insurance, mortgage, property management, legal, tax or accounting advice or services (collectively, Professional Services).
The Service includes references to service providers (Professionals) who do offer and provide Professional Services. All such references are for informational purposes only. Currently, Loftium does not recommend or endorse any specific Professional or Professional Service.
To the extent that any Professional Services are offered or provided to you, they are offered and provided solely by the applicable Professional (not Loftium), and completely outside of the Service. Accordingly, Professional Services shall not be deemed to be within the scope of the Service provided by Loftium, and Loftium shall have no obligation or liability regarding any Professional Services. You are responsible for exercising diligence in deciding whether or not to work with any Professional.
As a result of its limited role as an intermediary between you and Professionals, Loftium has no control over the appropriateness, accuracy, quality, timeliness, scope, legality, price or risks associated with any particular property or listing or the terms or conditions under which Professional Services are provided. Therefore, you agree to waive and release Loftium from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Professional Services (including any bodily injury, death or property damage).
Not Affiliated With Airbnb.
Loftium uses the property rental services offered by Airbnb, Inc. (Airbnb) pursuant to its standard contractual terms. Airbnb does not own or control Loftium, in whole or in part. Loftium does not represent or warrant that Airbnb will be its only provider of property rental services, not does Loftium guarantee that it will always be able to obtain those services from Airbnb.
Loftium will not collect personally identifiable information from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, Loftium will take steps to remove such information and terminate that individual's account, access and use of the Service.
Service Data and Analytics.
The Service collects, stores, processes and analyzes Service Data and produces Analytics. Accordingly, whenever you interact with the Service, a variety of technologies are employed to automatically or passively collect Service Data.
The term Service Data means all data and information that are provided by you during registration and subsequent use of the Service (including messaging related to your inquiries regarding Professional Services), and all other data and information about you that are otherwise discerned or collected by Loftium based on your access and use of the Service. For clarity, Service Data includes, but is not limited to: Personal Data; browser type; device type; device identifiers; operating system; time of day; identification of Site page views; use of particular Service features (such as, for example, viewing or responding to real estate listings). At no time will an App access, collect or store any of the personal contacts or photographs or any other information stored on your device without your permission.
The term Analytics means user profiles and statistics, metrics, abstractions and other analyses that are based on or derived from the Service, Service Data and/or your use of the Service (including without limitation, measurements of Service usage and performance), which are developed in a manner that does not disclose the identity of any user (such as, in the aggregate with other data, results and measurements) and that does not disclose any specific Service Data (unless in aggregated or de-identified form).
You hereby authorize Loftium to collect, store and use your Service Data (and to exploit Analytics) in the manner and for the purposes described in these Terms of Service, including without limitation, to: use Service Data to communicate with you (including by email); include, copy, disclose, distribute, transmit and display Service Data in communications between you and Professionals that have been initiated via the Service; access, record, collect, copy, store, process, analyze and use Service Data to provide the Service (including with regard to the use of Personal Data in messaging between you and Professionals); develop, improve, extend and test the Service (and underlying technology platforms); to design, develop and produce Analytics; market and promote Loftium and the Service using Analytics; and disclose, distribute and transmit Analytics to Professionals and other third parties.
Forums and User Content.
The Site includes generally available blogs where users may post user-supplied content (User Content) that responds to Loftium-supplied Content or that otherwise is of interest to them (including without limitation, information related to Professional Services and Professionals). Do not post any confidential content or other information that you should or desire to keep secret.
Loftium does not undertake to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, Loftium and its agents have the right, at any time and at their sole discretion, to remove any User Content that, in Loftium's sole judgment, does not comply with the Terms of Service or otherwise appears illegal, harmful, objectionable or inaccurate. Loftium is not responsible for any failure or delay in removing any such content or data.
Because Loftium does not review the substance of User Content, you must be careful in dealing with or relying on other users. You acknowledge that information provided by other users may, despite the prohibitions set forth in the Terms of Service, be illegal, harmful, inaccurate or deceptive. Authentication of the true identity of Internet users is difficult. Accordingly, Loftium cannot and does not confirm that any user is the person who they claim to be.
User Rules and Conduct.
The Service is provided only for your personal, noncommercial use (the Authorized Use). Any unauthorized use of the Service (including without limitation, accessing any aspect of the Service for which you are not authorized, or any commercial use by you, such as, for example, reselling or marketing Professional Services) is expressly prohibited. You are solely responsible for all acts or omissions that occur under your account and password, including messaging conducted via the Service and User Content posted to or transmitted via the Service.
As a condition of use, you hereby promise not to use the Service for any purpose that is unlawful, or that is prohibited by the Terms of Service, or for any other purpose not reasonably intended by Loftium. You agree to abide by all applicable laws, regulations and rules. By way of example, and not limitation, you agree not to take any action or provide any Service Data or User Content (using any communications service, survey, blog or other aspect of the Service) that in any respect:
Loftium may, at its sole discretion, immediately suspend or terminate your access to the Service should your conduct fail (or appear to fail) to strictly conform to any provision of this section.
Loftium has no obligation to monitor the Service or any user's use thereof. However, Loftium reserves the right at any time and without notice to monitor, review, copy, retain or disclose any information as may reasonably be necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including any inquiry from law enforcement).
You may be able to access or communicate with the Service from, and you may be able to link or communicate from the Service to, applications, devices, distribution platforms and websites owned and operated by Professionals or other third parties. These other applications, devices, platforms and websites are not operated or controlled by Loftium, and you agree that Loftium is not responsible for the availability, accuracy, legality, appropriateness or any other aspect of the content or function of such applications, devices, platforms and websites. Any such connection to or from the Service does not constitute or imply any guarantee or endorsement by Loftium of that application, device, platform or website or any association with its operators. Additional or different terms and conditions (including without limitation, privacy and security practices) apply when you access and use such other applications, devices, platforms and websites.
Advertising and Promotions.
At this time, the Service does not include advertisements or promotions for or offers from Professionals or other third parties.
The Service (including the Site, Content and underlying technology platforms) are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Loftium (and its applicable affiliates and licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Loftium, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Service or Content. However, unless the Service states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Content for your Authorized Use; provided, that you retain all copyright and other proprietary notices or other attribution contained therein. Your systematic retrieval of data or other Content from the Service to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Loftium's express prior written permission.
If you desire to access or use the Service or Content for any purpose other than Authorized Use, then you must first secure permission from Loftium or other owner of that Content.
Reproducing, copying or distributing any Content or any design elements from the Site for any other purpose is strictly prohibited without Loftium's express prior written permission. Attempting to access or use the Service or Content for any purpose not expressly permitted in the Terms of Service is prohibited.
All rights not expressly granted herein are reserved.
User Content License.
Subject to the license granted below, as between the parties, you own and retain all rights, title and interests (including all intellectual property and proprietary rights) in and to your User Content. By uploading, posting, submitting or otherwise distributing User Content of any kind to Loftium, the Site or other aspect of the Service:
You agree not to contribute any User Content unless you have all of the rights necessary to grant the license and make the warranties described above.
If you provide Loftium with any idea, recommendation, suggestion or other feedback regarding possible corrections, changes, improvements or extensions related to the Service or Content (collectively, Feedback), in any form or by any means (whether through the Service or any survey, or by direct communication (e.g., email) with Loftium or any of its officers, directors, employees or representatives), then you:
Loftium may immediately terminate your access to all or any part of the Service at any time, with or without cause, with or without notice. You may elect to terminate the Service and your Service registration and account at any time by going to Settings in your dashboard and choosing "delete account."
Upon any termination, all rights and obligations of the parties under the Terms of Service shall cease, and you shall immediately stop accessing and using the Service and Content, except that (a) all obligations that accrued prior to the effective date of termination (including payment obligations, if any) and all remedies for breach of the Terms of Service shall survive, (b) Loftium may retain and use Service Data in the manner described herein, but without disclosing any Service Data unless in aggregated or de-identified form and (c) the provisions of those sections of the Terms of Service that should reasonably be understood to continue in effect shall survive (including without limitation, the sections entitled Not Real Estate Services, Service Data and Analytics, Proprietary Rights, User Content License, Feedback License, No Warranties, Limitation of Liability and Indemnification). After termination, Loftium has no obligation to maintain any Service Data or User Content.
Please note that the termination of your Service registration and account does not modify, terminate or otherwise impact your or Loftium's rights and obligations under Homebuyer Agreements that have already been entered into, if any.
THE SITE, CONTENT AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SITE, CONTENT AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LOFTIUM AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE exclusion of certain warranties, SO SOME Of the above exclusions may not apply to you.
ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY PROFESSIONAL SERVICES SHALL BE, IF AT ALL, ONLY AS EXPRESSLY AGREED BETWEEN YOU AND THE APPLICABLE PROFESSIONAL.
Limitation of Liability.
You agree that Loftium (and its affiliates and licensors) shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or for any material or data sent or received or not sent or received through the Service.
IN NO EVENT SHALL LOFTIUM (OR ITS AFFILIATES OR LICENSORS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SITE, CONTENT OR OTHER ASPECTS OF THE SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO LOFTIUM PURSUANT TO THESE TERMS OF SERVICE FOR YOUR USE OF THE SERVICE OR US$100.00, WHICHEVER IS GREATER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS HEREIN AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED IN THESE TERMS OF SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY ABOVE, NOTHING HEREIN IS INTENDED TO LIMIT OR EXCLUDE LIABILITY OF ANY PROFESSIONAL AS REGARDING ITS PERFORMANCE OF PROFESSIONAL SERVICES.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Release and Waiver.
You release, waive, and promise never to assert against Loftium, its affiliates, licensors, and business partners, any claim related to or resulting from User Content (including any information about you) posted by any other user.
At your cost and expense, you agree to (a) defend Loftium, its affiliates and licensors and its and their officers, directors, employees, contractors and representatives (Indemnitees) against any action or suit by a third party that arises out of any transaction or other dealings between you and any other user or any Professional, your use or misuse of the Service, or your breach of any of your representations, warranties or covenants under the Terms of Service and (b) indemnify the Indemnitees for liabilities (resulting from settlements or adverse judgments) and costs and expenses (including without limitation, penalties and reasonable attorneys' fees) related to such claims. In addition, Loftium reserves the right to assume the exclusive defense and control of any matter subject to the foregoing indemnity, in which event you will assist and cooperate with Loftium in asserting any available defenses.
You hereby expressly consent to the transmission, collection, storage, processing and use of your Service Data (including Personal Data) to, from and within the United States, in addition to the country where you are located (if not the United States). Loftium makes no representation that the Service is accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Service (including with regard to the provision, collection or processing of Personal Data and other types of Service Data) is prohibited from territories where doing so would be illegal. If you access or use the Service from other locations, then you do so at your own initiative and risk and are solely responsible for compliance with local laws.
Governing Law; Arbitration.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Loftium agree that any claim or cause of action arising out of or related to the Service must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Washington, USA, excluding its conflicts of law rules. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any implementation of the Uniform Computer Information Transactions Act in any jurisdiction shall apply under these Terms of Service.
Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Service shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules. The arbitration shall take place in Seattle, Washington, USA. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator's decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Service. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms of Service and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.
ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND LOFTIUM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
The Terms of Service (including all then current Policies) are the entire agreement between you and Loftium with respect to access, use and operation of the Service, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Loftium with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
Your rights and obligations under the Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Loftium's prior written consent. Loftium may subcontract, delegate, assign or otherwise transfer any or all of its rights, licenses and obligations hereunder without your consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms of Service will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email.
Copyright and Trademark Notices.
The Terms of Service, the Site and all Content provided by Loftium are copyright © 2016-2019 Loftium, Inc and/or its licensors or suppliers.
LOFTIUM™ is the trademark of Loftium. The names and logos of companies, products or services mentioned in the Terms of Service, at the Site or in any Content are be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between Loftium and such owners.
If you have any questions regarding the Terms of Service or your dealings with the Service, please contact us at:
Attn: Terms of Service
1201 E Pike St, Suite 201 Seattle WA 98122