LivOn Advertiser Terms & Conditions

Livon Advertiser Terms and Conditions

1. Terms of Use by Livon Advertiser User.  You, the Livon Advertiser User using the Livon section of the Haris & Company website (“Livon Advertiser User”) by using and/or accessing the Livon section of the Haris & Company Website, agree to be bound by these terms and conditions, the Haris & Company General Terms and Conditions, the Livon Fee Schedule, and the Reward Program. Your use and access is for your personal use only. You agree that in using the web site you are acting on your own behalf. You acknowledge that you are not acting as a finder or broker or soliciting brokerage or brokerage services on the web site. The advertisements and related services posted on the web site are posted by you on your own behalf Livon, a wholly-owned division of Haris & Company operated by Lee D. Haris and 2BEMA Network, Inc.  All references to “Livon”, “we”, or “us” include the foregoing

 2. Livon’s Services.   Livon provides a web based forum through which senior housing facilities (“Senior Housing Facilities”) may place information about their properties and services before those who are interested in residing in Senior Housing Facilities so that Senior Housing Facilities may advertise to prospective Residents and so that prospective residents and those with legal authority to act on their behalf may communicate with Senior Housing Facilities.  As part of these services, Livon may from time to time send you emails which you agree to receive. You are able to unsubscribe from these emails at any time. Livon provides you with no other services. Livon hereby disclaims any liability based on, but not limited to, the following:

• There are no Senior Housing Facilities for sale in this section of the Website where new Senior Housing Facilities advertise for new Residents.
• Livon does not participate in any actual senior housing transactions regarding the Senior Housing Facilities advertised by their owners to Residents on this section of the Haris & Company web site, and does not represent the owners, operators or Residents or those with legal authority to act on their behalf including, without limitation, with respect to the offering, inspection, financing, negotiations, discussions, agreements, qualification or other actions related to becoming a resident in a Senior Housing Facility.
• While Livon’s owner Lee D. Haris and 2BEMANetwork, Inc. are licensed as brokers in those states where we believe it may be necessary to do so in order to comply with state regulations, Livon is not acting as a broker in any transaction and does not render legal, brokerage, or other professional advice or services.

3. Liability Disclaimer and Affirmative Release. Livon hereby disclaims any liability arising out of or relating to those services and activities which Livon has expressly not undertaken to provide to you (as described more fully in the bullet-points in Section 2, above). Livon does not own any of the content submitted by the Senior Housing Facilities. LIVON MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  LIVON DOES NOT SCREEN POSTINGS AND HAS NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION, TEXT, PHOTOGRAPHS, GRAPHICS, MESSAGES OR OTHER MATERIALS GIVEN BY OR TO A LIVON ADVERTISER USER OR OTHER USER POSTED ON THIS WEBSITE OR OTHERWISE MADE AVAILABLE THROUGH THE LIVON SERVICE.

With respect to content on publicly accessible areas of the website, the Livon Advertiser User grants Livon the following world-wide, royalty free and non-exclusive license(s), as applicable:  With respect to content a Livon Advertiser User submits or makes available to Livon, such Livon Advertiser User grants Livon the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content and the irrevocable right to sublicense the content with the sublicense having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.

You, the Livon Advertiser User agree to indemnify, defend, and hold Livon, and its affiliates, officers, agents, partners, and employees, harmless from any and all suits, causes of action, claims demands, losses and/or expenses, including attorneys’ fees and court costs, however made or asserted, arising out of, or related or connected to your use and/or access of this website, and/or to any information  submitted, posted, transmitted or made by or made available to you on on this Website.  Livon makes no representations as to individual character, credit worthiness, or ability of any person.  You hereby agree that in no event shall Livon or its affiliates and/or suppliers be liable for any direct, indirect, incidental, special, consequential or other damages or losses arising out of or in any way related to the use of this web site or with the delay or inability to use this site, or for any information, products, and services obtained through this site, or otherwise arising out of or related to the use of this web site.  .

4. Livon Advertiser User’s Representations and Warranties. By using this Web site, you hereby represent and warrant the following.

• You are legally qualified to offer and provide the residential senior housing you advertise and are legally qualified to enter into contracts and you therefore possess the authority to undertake the activities on this Website, and
• All information supplied or to be supplied by you relating to this Web site is and will be accurate and complete.  You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
• You agree that the services of this Web site shall be used only to seek new Residents for your Senior Housing Facilities and are acting on your own behalf. You will not transmit any content that is unlawful, defamatory, obscene, pornographic, trade libelous, threatening, harassing, tortuous, invasive of another’s privacy, hateful, or racially, ethnically, religiously or otherwise objectionable; and
• You understand that failure to abide by this Agreement may result in denial of access to this Web site; and
• You acknowledge and agree your obligations under the General Terms and Conditions.
• You agree that no joint venture, partnership, brokerage or employment relationship exists between you and Livon as a result of your use of this Web site.

5. Livon Advertiser User Information. “Livon Advertiser User Information” is defined as any information you provide to us or other Livon Advertiser Users in the course of using this Web site, including, but not limited to, any public message area or through any email feature. You are solely responsible for Livon Advertiser User Information, and we act as a passive conduit for your online distribution and publication of Livon Advertiser User Information. Livon preserves Livon Advertiser User Information in its sole discretion and may disclose such information to third parties to comply with legal process or protect the rights, property, or personal safety of Livon, its Livon Advertiser Users and the public.

6. Fees and Services. Creating and posting an advertisement is subject to the Livon Fee Schedule.  Searching for and communicating with Senior Housing Facilities by Residents and those with legal authority to act on their behalf are free services.

Our Fee Schedule is incorporated herein by reference. We may change our Fee Schedule and the fees for our services from time to time. Changes are effective after we provide you with notice of the change by posting it on this website and/or by email. However, we may choose to temporarily change our Fee Schedule and the fees for our services for promotional events and any such changes are effective upon and during the posting of the temporary promotional event on the Web site. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars.

7. Compliance with Federal and State Civil Rights Acts. Livon complies with state and federal civil rights laws, including the Fair Housing Act and the Americans with Disabilities Act. By using this Web site you agree to comply with such laws and Acts and thus agree to avoid stating any preference based on race, color, national origin, religion, handicap or any other category. At other locations in this Web site, Livon may remind you not to include information that is potentially actionable under such laws.

8. General.  Subject to applicable laws, Livon reserves the right to refuse service to anyone and terminate your account at any time.  Please report any violation of this Livon Advertiser Terms and Conditions to Livon. Livon Advertiser Users with questions regarding such significance are encouraged to seek the advice of an attorney.