Living585 Realty – Terms & Conditions

Last Updated: August 17, 2025

Please read these Terms & Conditions (“Terms”) carefully before using any Living585 Realty services, including our websites, digital platforms, and related tools (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must stop using the Services immediately.

THESE TERMS INCLUDE A MANDATORY BINDING ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS AND WAIVE YOUR RIGHT TO A COURT TRIAL OR CLASS ACTION.

Living585 Realty fully supports and complies with the Fair Housing Act and the Equal Opportunity Act.

1. Agreement to Terms

This is a legally binding agreement between you (“you,” “your,” or “User”) and Living585 Realty (“we,” “our,” or “us”). By registering, accessing, or using the Services, you confirm that you are at least 18 years of age and legally authorized to enter into these Terms.

We may update or revise these Terms at any time. Continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

2. Use of the Services

A. Accounts

  • You may create and maintain an account (“Account”) to access certain features.
  • You are responsible for all activities conducted under your Account, and you must keep login credentials secure.
  • You agree to provide accurate information and promptly update it when it changes.
  • Unauthorized use or suspected breaches must be reported to us immediately.
  • Accounts may not be shared between multiple individuals.

B. Acceptable Use

  • Use the Services for unlawful purposes or in violation of these Terms.
  • Copy, sell, transfer, or exploit the Services or any content for commercial use without our written consent.
  • Attempt to reverse-engineer, hack, or disrupt the Services.
  • Post, upload, or transmit offensive, illegal, defamatory, or harmful material.
  • Interfere with property data, MLS feeds, or misuse listing information beyond evaluating real estate opportunities for personal use.
  • Contact property owners directly based on information obtained through the Services without our authorization.

C. Changes & Suspension

We may modify or discontinue any part of the Services, with or without notice. Continued use following changes constitutes acceptance.

D. Monitoring

We may, but are not obligated to, monitor content or activity on the Services for compliance with these Terms.

E. Property Data Restrictions

MLS data and property information available through the Services is provided solely for your personal use in evaluating real estate opportunities. You may not resell, redistribute, or republish this data.

F. Agent Users

Any User who holds a real estate license must promptly disclose this status to Living585 Realty prior to accessing password-protected materials. Unauthorized use of MLS or listing information by outside agents may result in termination of access and potential legal action.

3. Content & Property Data

Content you upload or submit remains yours, but you grant us a non-exclusive, royalty-free license to use it for the purpose of operating and improving the Services.

MLS data is owned by the respective Multiple Listing Service providers. Data may only be used for personal, non-commercial property searches. Redistribution, scraping, or copying is prohibited.

Living585 Realty does not guarantee the accuracy, timeliness, or completeness of property data and is not responsible for errors or omissions.

4. Ownership & Intellectual Property

All rights, trademarks, and proprietary materials related to the Services belong to Living585 Realty or its licensors.

You may not copy, reproduce, or distribute our branding, content, or materials without permission.

Feedback or suggestions you provide may be used by us without obligation to compensate you.

5. Privacy & Data Use

Use of the Services is subject to our Privacy Policy. By using the Services, you consent to our collection, use, and sharing of your information as outlined in that policy.

6. Confidentiality

A. Definition

“Confidential Information” means any non-public information disclosed by either party that is marked or reasonably understood to be confidential.

B. Obligations of Recipient

  • Use Confidential Information solely to fulfill obligations under these Terms.
  • Not disclose Confidential Information to third parties without written consent.
  • Protect Confidential Information with reasonable care.

C. Exceptions

  • Publicly available information;
  • Information lawfully known beforehand;
  • Independently developed information;
  • Legally compelled disclosure.

D. Our Confidential Information

Includes these Terms, pricing, intellectual property, and non-public details about our Services.

E. Survival

Confidentiality obligations survive termination of these Terms.

7. Disclaimers

The Services are provided “as is” and “as available.” We make no guarantees that listings, data, or information will meet expectations or be error-free. We do not endorse third-party services or content linked through our platforms.

8. Limitation of Liability

To the maximum extent permitted by law:

  • We will not be liable for indirect, incidental, consequential, or punitive damages.
  • Liability for direct damages is limited to $100 or the amount paid in the last 12 months.

9. Indemnification

You agree to indemnify Living585 Realty from claims, damages, or expenses arising from your use of the Services or violation of these Terms.

10. Arbitration & Dispute Resolution

Disputes must be resolved through binding arbitration. Class actions and jury trials are waived.

Exceptions

We may seek injunctive relief in court for intellectual property issues.

Initiating Arbitration

  • Provide a written demand for arbitration.
  • Send copies to the AAA and to Living585 Realty (Legal Department, 1553 Howard Road, Rochester, NY 14624, Info@Living585.com).

Waiver of Jury Trial & Class Actions

Both parties waive the right to trial by jury or participation in class actions.

Opt-Out Right

You may opt out within 30 days by emailing Info@Living585.com with your details and a clear statement of opting out.

11. Notices

  • By Hand or Courier
  • By Email
  • By Overnight Delivery
  • By Certified or Registered Mail
  • By Posting in your Account

Notices to Living585 Realty must be sent to: Info@Living585.com and 1553 Howard Road, Rochester, NY. 14624.

12. Termination

We may suspend or terminate your access for violations. Confidentiality and indemnification obligations survive termination.

13. Miscellaneous

  • Governing Law: State of New York
  • Force Majeure: Not responsible for delays outside our control
  • Severability: Invalid provisions do not affect remainder
  • Entire Agreement: These Terms are the complete agreement

Definitions

  • “Services”: Websites, apps, tools, resources by Living585 Realty.
  • “User Content”: Any data or posts you submit.
  • “MLS Data”: Listing information provided by MLS providers.
  • “Account”: A registered profile enabling access to Services.