TERMS OF USE
Please read this User Agreement (collectively with RealtyROI.com’s Privacy Policy and DMCA Copyright Policy at http://www.RealtyROI.com/terms-and-conditions/, the “User Agreement”) fully and carefully before using www.RealtyROI.com as well as the RealtyROI mobile website and its mobile applications (the “Site”) and the services, web design services, advertising services, features, content or applications offered by RealtyROI, it’s parent company, subsidiaries, owners, affiliates, employees, representatives and our affiliated websites or brands (“we”, “us” or “our”) (the “Services”) (the “Company”).
DEFINITIONS:
Company:
The term “Company” includes but is not limited to the brand RealtyROI, its parent company, subsidiaries, owners, affiliates, employees, representatives and our affiliated websites or brands (“we”, “us” or “our”) (the “Services”) (the “Company”).
Client:
The term “Client” or “Customer” includes but is not limited to customers who have active website and advertising services, and/or an individual or company who engages the company for services, pay for services, agree to receive services, or seeks to obtain or receives services from the company. The term “Client” will also include any user of the websites designed or provided by RealtyROI.
Services:
The term “services” includes but is not limited to: RealtyROI Websites usage, web design services provided by RealtyROI, Digital Advertising Services provided by RealtyROI, Graphic Design Services provided by RealtyROI, Email Marketing Services provided by RealtyROI, and any other Service provided by RealtyROI, its parent company, subsidiaries, owners, affiliates, employees, representatives and our affiliated websites or brands (“we”, “us” or “our”) (the “Company”).
This User Agreement set forth the legally binding terms and conditions for your use of the Site and Services provided by the Company, RealtyROI. This User Agreement is incorporated by reference into every Service Agreement and is in-effect for every client.
RealtyROI SERVICE USER AGREEMENT
ACCEPTANCE OF USER AGREEMENT:
1. By registering for and/or using the Services provided by RealtyROI in any manner, including but not limited to visiting or browsing the website, seeking or obtaining web design services, email marketing services, graphic design services and advertising services, you agree to the Terms & Conditions of this website, this User Agreement and all other operating rules, policies and procedures that may be published from time to time on this website by us, each of which is incorporated by reference here, and into RealtyROI Service Agreements, and each of which may be updated from time to time without notice to you. You understand and agree that this service agreement may be updated or changed without notice to you, and that it is your responsibility to review the terms and conditions periodically.
2. Certain services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this User Agreement by this reference.
3. This User Agreement applies to all users of the Services, including, without limitation, clients of our services, as well as users who are contributors of content, information, and other materials or services, registered or otherwise.
4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
ELIGIBILITY:
If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this User Agreement in your name and on your behalf.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. This site is not targeted to nor meant for anyone who has not reached 13 years of age. If you become aware of anyone using the RealtyROI services who is under the age of 13, please report this to: support@RealtyROI.com. We will not knowingly collect information from anyone under the age of 11.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 13 to receive certain RealtyROI services, then the minimum age is the legally defined one. If you are a minor, you may wish to consult your parents about what portions of the site are appropriate for you. The right to access the Services is revoked where this User Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
VIDEO PRODUCTION SERVICES
The term “Video Production Services,” and “Videos” and “Video Ads” refer to the service of creating videos for clients.
STOCK FOOTAGE
The client understands that they do not own the rights to re-use stock footage or otherwise sell clips or aspects of produced videos to third-parties.
COPYRIGHT:
Any and all websites designed by RealtyROI are the sole copyright of RealtyROI. The client is allowed use of the content, but has no ownership of the copyright or content. The client understands that there is no intent for the client to “own” the website or the content therein, and that 100% of the copyright and content is the sole property of RealtyROI.
WEB DESIGN SERVICES:
The client understands and agrees that under no circumstances does the client own any website that RealtyROI designs as part of their service, and that if service is cancelled or discontinued for any reason, the client will immediately lose all access to the services, including but not limited to, the website, its content, data, emails, backups, and anything else related to the services.
WEBSITE UPDATES:
Client understands and agrees that all website updates must be requested in writing, and that any updates that exceed the amount allocated in the Service Agreement will result in a charge of $99/hour. In order to reduce additional charges, the client agrees that they will request website updates in “batches” (groups), and not piecemeal. Turn-around time for updates is generally 1-2 business days, but in certain situations, it may be longer. The client understands that some updates may take longer than others, and agrees to give RealtyROI at least 10-days advance notice of any pre-planned, major, or important website changes that need to be made by a certain date.
DOMAINS
Domains are included in all RealtyROI website packages, only if that the domain is already owned by RealtyROI, and leased or rented to the client from RealtyROI. The client understands that all RealtyROI domains that are leased as part of the web design services are not the property of the client. If services are terminated for any reason, the client understands that the domain is not their property, and is not transferrable. Domains managed by a third party (GoDaddy, BlueHost, Namecheap, Etc…) fall outside of the scope of the services provided by RealtyROI, and therefore are the responsibility of the client to pay for, maintain, renew and manage.
The client understands that RealtyROI is not a domain registrar, and that any domains that RealtyROI manages are domains that RealtyROI owns and leases to the client on a temporary basis. RealtyROI is not responsible for managing client domain accounts, or third party domain services. If the client owns their own domain name via a third-party registrar, then it is up to the client to manage their domain, including but not limited to: paying for domain renewals, updating payment card information, DNS management, Name Server management, MX Records, CNAMES, Administrative Contacts, and any other features, functions or services related to their third party domain.
RealtyROI may provide the client with reminders related to third-party services, or domain expirations if RealtyROI becomes aware of such matters, however, the client agrees that it is not RealtyROI’s responsibility to notify the client about third-party services or updates, including but not limited to domain renewals. The client also agrees and understands that it is not RealtyROI’s responsibility to pay for their third-party domain renewals. The client fully understands and agrees that if, for any reason, RealtyROI pays for a domain or pays for the renewal of a domain within a client’s third-party account, that the domain becomes the sole property of RealtyROI. (See: Salvaging Abandoned Domains)
Leased Domain:
If you are a client of RealtyROI who does not own their own domain name prior to initiating web design services, and does not manage their own domain separately, then you, the client, understands that RealtyROI will purchase a domain name for you to lease (rent) from RealtyROI as part of the web services you have with RealtyROI, and you, the client, understands that you would be leasing that domain from RealtyROI as part of your web design services. As a client, you understand that upon termination of your services for any reason, the domain is not your property, and will not be transferable to yourself or any third party. In some cases, at the sole discretion of RealtyROI we may agree to a “Domain Lease Agreement” whereas the client can lease the use of the domain for their own hosting purposes.
Domain Sales:
In some cases, at the sole discretion and decision of RealtyROI, the client may be able to participate in an auction for the chance to purchase a leased/rented domain or otherwise be given a chance to purchase a domain that is owned by RealtyROI. However, the client agrees that the decision to sell any domain, the means of selling any domain, the terms of any domain sale, and the timeframe of any domain sale is entirely up to RealtyROI. The client understands that in order to participate in any opportunity to purchase a RealtyROI domain, including an auction, that any/all past due billing associated with the client’s account must be satisfied in full. Domains purchased and paid-for by RealtyROI are the property of RealtyROI. The term “purchasing” and “paid for” refer to, but are not limited to, paying for a domain, paying for the renewal of a domain, paying for the renewal of a client’s third-party domain which has entered into an expiration or redemption period, salvaging a client’s abandoned domain, or any other means of paying for a domain or it’s renewal. The client agrees that upon RealtyROI paying for the domain, the domain is the rightful and sole property of RealtyROI. RealtyROI reserves the right to lease, rent, or sell any domain that is the property of RealtyROI.
Third Party Domains & Client’s Responsibility:
If you are a client of RealtyROI who does own their own domain name through a third party service prior to initiating web design services, then you, the client understands that it is entirely your responsibility to maintain, manage and pay-for that domain, including but not limited to: paying for your renewals, updating payment information with your third-party domain registrar, paying your renewal and all billing related to your third-party registrar, along with any other responsibilities associated with your third-party domain registrar. The client understands that RealtyROI is NOT responsible in any way for your third-party services, including but not limited to domain registration issues, paying for your renewals, or any other services provided by third parties. The client understands that RealtyROI is NOT responsibility to notify the client of anything related to the client’s own third-party services, and that it is the client’s sole responsibility to stay up-to-date with their third-party services, including but not limited to maintaining valid billing information and paying for their services, such as paying for domain renewals.
RealtyROI’s access to your third-party domain:
If the client provides back-end access to RealtyROI (or RealtyROI’s representatives), the client agrees that such access does not make RealtyROI responsible for management, renewals, billing, or anything else related to that third-party service. Such access may be used in limited cases, to integrate services, or for RealtyROI to purchase “salvage” a client’s expiring third-party domain. (See Expired/Expiring Domains).
Redemption Period:
If for any reason, a domain’s renewal date passes without the domain renewal being paid for or renewed by the client, the domain will enter what is called an expiration or “redemption” period, whereas the domain registrar prepares to make the domain available to the general public.
Your Expiring Domain
If you, the client, allow your domain(s) to enter into an expiration grace period, or redemption period, or otherwise pass the date of renewal, then you, the client, fully understand and agree that RealtyROI has the right to pay for (purchase) the domain renewal prior to the domain being released to the general public, and if RealtyROI (or a representative) pays for any such domain renewal, that the domain itself no longer belongs to the client, and the domain becomes the rightful property of RealtyROI. The client agrees and understands that any continued use of that domain by the client after RealtyROI pays for the domain would be as a rental/leased domain, and such use of the domain by the client would be at the sole discretion of RealtyROI.
Expired/Expiring Domains:
In the event that your third-party domain registration is not renewed by it’s due date for any reason, then the client understands that RealtyROI reserves the right to pay for (purchase) the domain (or renewal) during the redemption (expiration) period, and the right to transfer the domain to an account managed by RealtyROI. If the client allows the domain renewal to lapse, and the domain enters a redemption period, or is allowed to expire in any way, for any reason, the client agrees that RealtyROI has the full and complete right to pay for (purchases the renewal of) that expiring domain, and the client also agrees not to, under any circumstances, dispute that the domain is the rightful property of RealtyROI. The client fully agrees that upon purchase or payment of the domain or renewal by RealtyROI (or a representative), that the domain will become the rightful property of RealtyROI. The client further understands that if RealtyROI uses a company or representative’s payment card information to pay for a domain renewal because, but not limited to, a client becoming unresponsive, or failing to update payment information with their third party domain registrar before the domain enters a redemption/grace/expiration period, then the client fully agrees that the domain that is renewed and paid-for by RealtyROI will become the property of RealtyROI immediately upon RealtyROI paying for the domain’s renewal. The client agrees that if the client still wishes to use the domain after it has become the property of RealtyROI, then such continued use of the domain by the client would only be as a LEASE of the domain, and that the domain itself would be the rightful property of RealtyROI. The client understands and agrees that RealtyROI is not responsible for paying for your third-party domain if you let it expire, and that your third-party domain renewals are not RealtyROI’s responsibility to pay for or secure on your behalf. If RealtyROI secures for, pays for, or renews a third-party domain that a client allows to enter into an expiration period (or a grace/redemption period) then the client agrees that RealtyROI has a right to purchase (pay for) the renewal of the domain and to transfer the domain to RealtyROI. The client agrees to defend RealtyROI, its owners, representatives, and affiliates against any and all claims or assertions of liability, or liability related to RealtyROI purchasing/renewing/transferring any domain that the client allowed (for any reason) to enter into an expiration or redemption period. The client agrees to defend RealtyROI, its owners, representatives and affiliates against any and all such claims.
IMPORTANT NOTE:
If you, the client, allow your third-party managed domain(s) to enter into an expiration grace period, or redemption period, or otherwise pass the date of renewal for any length of time (or to expire in any way), then you, the client, fully understand and agree that RealtyROI has the right to pay for (purchase) the domain prior to the domain being released to the general public, and if RealtyROI (or a representative) pays for a domain in any way, that the domain itself no longer belongs to the client, and the domain becomes the rightful property of RealtyROI.
IF FOR ANY REASON YOU, THE CLIENT, ALLOWS YOUR THIRD-PARTY DOMAIN TO EXPIRE, OR TO ENTER INTO AN EXPIRATION OR GRACE OR REDEMPTION PERIOD, THEN YOU, THE CLIENT UNDERSTANDS AND AGREES THAT REALTYROI RESERVES THE FULL RIGHT TO PURCHASE/PAY-FOR THE EXPIRING DOMAIN AND THAT UPON MAKING THAT PAYMENT, THE DOMAIN BECOMES THE SOLE PROPERTY OF REALTYROI. YOU AGREE THAT IF YOUR DOMAIN ENTERS AN EXPIRATION PERIOD OR REDEMPTION PERIOD, THAT REALTYROI CAN PURCHASE THE DOMAIN or PAY FOR THE RENEWAL OURSELVES, AND YOU AGREE THAT IF REALTYROI DOES PAY FOR THE DOMAIN OR RENEWAL, THEN THE DOMAIN BECOMES THE SOLE AND RIGHTFUL PROPERTY OF REALTYROI.
Indemnity
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, agents, contractors, officers, directors, owners, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your failure to pay for your third party services, including domain renewals, and/or RealtyROI purchasing a domain that you have allowed to expire or enter into a redemption period.
Client’s defense of RealtyROI if RealtyROI purchases a client’s expiring domain
Client agrees to defend RealtyROI, and the client agrees and affirms that at no time will they claim that RealtyROI has done anything unauthorized by: salvaging a client domain that has passed it’s expiration date, and, once doing so, transferring that domain to an account managed by RealtyROI. The client holds RealtyROI harmless against any claims related to purchasing, renewing, paying for, transferring, or salvaging a domain that the client has allowed to enter a redemption period. The client denies that such actions would in any way cause irreparable damages to the client, their company, agency, directors, owners, employees, agents, subsidiaries, users, customers, clients, vendors or suppliers. Furthermore, the client affirms, agrees, and understands that if RealtyROI does not salvage an expiring client domain, then such a domain would eventually be sold at auction, or made available to the public, and a competitor, or some other entity would likely obtain the domain. The client agrees that in such a case where the client is unresponsive to communications, and actively neglecting the renewal of their domain, that RealtyROI is acting within it’s right by accessing the abandoned domain account and salvaging (or saving/preventing) the domain from potentially being made available to the public.
Client’s defense of RealtyROI if RealtyROI removes a client’s website for non-payment
The client holds RealtyROI harmless against any claims related to the removal, cancellation, deletion, or termination of a website or web service for which the client has not paid, or has allowed to become more than 3-days past-due. The client affirms RealtyROI’s right to removing a website from public access due to non-payment, and the client agrees that by RealtyROI doing so, the client affirms and agrees that it is the client’s fault that the website was suspended, and that RealtyROI in no way be caused any irreparable damages to the client, their company, agency, directors, owners, employees, agents, subsidiaries, users, customers, clients, vendors or suppliers. Furthermore, the client affirms, agrees, and understands that it is the client’s sole responsibility to pay for their web services in order to prevent service interruptions, cancellations, or suspensions. The client holds RealtyROI, its directors, representatives, owners, and employees harmless against any claims that service suspension related to client non-payment is the responsibility or fault of RealtyROI or its owners or representatives.
Abandoned Third-Party Domain:
The term “abandoned domain” refers but is not limited to, a domain that belongs to a client, and resides in a third-party domain registrar account that has been abandoned by the client, but where RealtyROI has previously been provided access to by the client, and where the client is actively failing to renew, or failing to pay for the domain renewal, placing the domain in an expiration grace-period or redemption period, and ultimately in-jeopardy of being released to the general public. If a client’s account or domain becomes abandoned, and a domain passes into a redemption or expiration period without the client paying for the renewal, the client authorizes RealtyROI to purchase (pay for) the domain renewal, and the client agrees and understands that the domain will be the sole property of RealtyROI.
Abandoned Third-Party Domain Account:
The term “abandoned third party domain account” refers but is not limited to, a third-party domain registrar account that has been abandoned by the client, indicated by the client’s failure to renew a domain connected to an active web design service, and the client’s failure to respond to written communication about the domains associated with the account. The client agrees that if they abandon their domain account, that RealtyROI has the right to salvage any expiring domains, or pay-for, or renew any domains that are at-risk of being placed into expiry, or grace, or redemption periods. The client further agrees that the abandoned account may be cancelled or closed by RealtyROI or the third-party service provider if no active services (domains/hosting plans) or valid billing information are present within the account.
Third-Party Services:
As a courtesy, RealtyROI may contact the client by email if RealtyROI becomes aware of a potential third-party service, such as a domain renewal, that has not beed paid by the client. However, the client understands that it is not RealtyROI’s responsibility to notify the client of issues related to their own third-party services, and that it is the client’s sole responsibility to maintain valid billing information for their third-party services and to pay their third-party services, including but not limited to domain renewals.
Redemption Period and Grace Period:
Grace Period refers to the timeframe after the domain officially expires with a domain registrar without being renewed. The term “redemption period” refers to the timeframe where the owner may still renew the domain with an added fee by the registrar, but the domain registrar will also begin actively seeking and preparing to sell or auction the domain at this time.
Salvaging Abandoned Domains:
In the event that a client does not renew a domain by the expiration date, and the domain enters a redemption, expiration, or grace period, the client fully understands and agrees that RealtyROI retains the right to “salvage” or purchase (pay for) the expiring domain prior to it being released to the public. The term “Salvaging Abandoned Domain” refers, but is not limited to RealtyROI paying for the renewal of a domain that enters an expiration redemption period because a client failed to pay for the renewal themselves. RealtyROI retains the right to pay for the renewal, and transfer the domain (salvage the domain) if the expiration date has already passed, and the domain has entered a grace-period or redemption period, and the client has not paid the renewal fee. The client agrees that in cases that the client fails to pay a renewal, that RealtyROI, it’s owners, employees, or representatives, have the right to pay for the domain renewal, and then the right to transfer the domain to an account managed by RealtyROI (salvage the domain). The client agrees that if RealtyROI salvages and pays for their expired domain, that the domain immediately becomes the undisputed property of RealtyROI, and that RealtyROI becomes the rightful owner of that domain. The client agrees that once RealtyROI pays for the domain or its renewal, that RealtyROI reserves the right to transfer the domain to a registrar account of RealtyROI’s choice.
IN ORDER TO AVOID LOSING OWNERSHIP OF A THIRD PARTY DOMAIN, THE CLIENT UNDERSTANDS THAT IT IS IMPERATIVE THAT THEY KEEP THEIR PAYMENT INFORMATION UPDATED WITH THEIR THIRD PARTY REGISTRAR AND THAT THEY PAY FOR THE DOMAIN RENEWALS USING THEIR OWN PAYMENT CARDS. IF REALTYROI PAYS FOR THE DOMAIN RENEWAL BECAUSE THE CLIENT ALLOWED THE DOMAIN TO ENTER A REDEMPTION PERIOD, EXPIRATION, GRACE PERIOD (OR ANY OTHER REASON), THEN THE CLIENT FULLY UNDERSTANDS THAT REALTYROI HAS THE RIGHT TO BUY/PURCHASE THE RENEWAL, AND UPON REALTYROI PAYING FOR THE RENEWAL, THE DOMAIN WILL BELONG TO REALTYROI.
Ownership of Domains Salvaged by RealtyROI:
The client agrees that if the client does not pay for the renewal of a domain, and the domain passes the renewal/expiration date and enters a “grace,” “redemption,” or “expiration” period, and RealtyROI has access to the client’s third-party account, that RealtyROI has a right to salvage the domain by paying for the domain before it fully expires, then transferring the domain to a registrar account managed by RealtyROI, or a representative of RealtyROI. The client fully understands and agrees that once a domain renewal is paid-for by RealtyROI or any owners, employees, or representatives of RealtyROI, that the domain becomes the property of RealtyROI.
HOSTING:
Client agrees that all websites designed by RealtyROI, including the data, email content, and anything else associated with the services provided by RealtyROI are non-transferable under all/any circumstances. The client agrees that they do not own the content of the website, its data, or anything related to the services. In the event that there is an account suspension or cancellation for any reason, the client understands that the client will lose access to all website services, and that RealtyROI will not transfer the website, its data, databases, account information or any other information related to the services to the client, or to any third-party.
DATA & HOSTING
The content of the website is controlled by the client, but the client understands that “controlled” means that the client may request changes to what appears on the site itself, but that the content on the website, and the website itself is not owned by the client. The client understands this to mean that the client may control (direct) the design team’s activities in order to achieve the functionality or aesthetic that the client seeks. However, items including but not limited to: back-end website access, databases, FTP access, and PHP files will not and shall not under any circumstances be accessible by the client.
CONTINUED SERVICES:
Client agrees that the cancellation of on-going monthly services provided is entirely the responsibility of the client. The client understands that all services provided by RealtyROI will be billed on a monthly basis, unless the client specifies in writing (such as an email) that the client wishes to cancel those services. The client agrees that they will send a written notification (such as an email) to RealtyROI to request a cancellation of services in the event that a cancellation is desired by the client. Without such written request to cancel services, the client agrees that services will remain active, and that the client will be responsible for paying the entire bill for those services.
PAYMENTS:
The client agrees and understands that it is the sole responsibility of the client to pay their service bills. The client agrees and understands that it is their sole responsibility to maintain updated payment and billing information with RealtyROI to ensure that recurring billing is processed in order to avoid service cancellation. If the client fails to update billing information, and a client’s bill is not paid by the due date, then the client agrees that RealtyROI reserves the right to cancel the client’s services immediately. If services are discontinued or cancelled, the client agrees that RealtyROI will not and should not be held responsible for any personal, professional, or financial consequences associated with the client’s failure to update payment information, including but not limited to, the disconnection of their website, or their inability to conduct digital business or commerce. The client is responsible for paying their bill. The client is responsible for maintaining recurring billing information that is valid.
CONTENT:
Definition. For purposes of this User Agreement, the term “Content” includes, without limitation, information, websites, advertisements, data, text, emails, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
INTELLECTUAL PROPERTY RIGHTS:
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Site are Trademarks of RealtyROI and its third party partners. Nothing contained on the RealtyROI Site shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the RealtyROI Site without the written permission of RealtyROI or such third party that may own the Trademark. Any unauthorized commercial use of the Content, including Trademarks, will violate the intellectual property rights of RealtyROI and/or third parties associated with RealtyROI and will be subject to RealtyROI’s and/or those third party’s full legal rights and remedies.
USER LICENSE:
Subject to this User Agreement, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to locally view Content, to the extent we hold such rights, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
LICENSE GRANT:
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint RealtyROI as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that RealtyROI can use the User Content that you are licensing in any way RealtyROI sees fit to own and protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or forum.
Unless prohibited by applicable law, upon request from RealtyROI, you shall execute and deliver such additional instrument of license, as it may be solely deemed by RealtyROI, reasonably necessary to establish RealtyROI’s ability to use the User Content as it sees fit and that “Moral Rights of Authors” are waived under this User Agreement. Should RealtyROI fail to request the said license instrument as stated, that shall not be deemed a waiver of RealtyROI’s rights and RealtyROI may at a later time request the instrument.
Unless otherwise agreed upon in writing by you and RealtyROI, you may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the Content.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.
Third Party Affiliates. We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
RULES OF CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy www.RealtyROI.com/about/dmca);
2. you know is false, misleading, untruthful or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
6. impersonates any person or entity, including any of our employees or representatives; or
7. includes anyone’s identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this User Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please notify Us. We will review the linked content and may, in our sole discretion, remove the link from the Services. The inclusion of any such link does not imply any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
CANCELLATION:
Client understands that non-payment of monthly service bill will result in the immediate cancellation of services and the forfeiture of all usage rights to functions and features associated with the services. At that time, the website, emails, and any/all data associated with the account will be deleted. RealtyROI reserves the right to remove, take-down, delete, cancel, or disconnect any services associated with an account that is past-due. We will terminate and cancel your access to the Services upon non-payment of your monthly bill. Cancellation will be effective immediately, which may result in the forfeiture and deletion of all information associated with your membership, account, and services. The client understands that if they wish to avoid the loss of service(s) and data, then it is the client’s responsibility to pay their bills on-time, and to ensure that their payment card information is up to date. The client agrees that any damages, real or perceived, monetary or otherwise, that may occur as a result of the client’s website being removed, cancelled, or disconnected, is not the responsibility of RealtyROI. The client agrees that if they have not paid their bill to RealtyROI, that RealtyROI has the full right to remove, cancel, and delete the client’s data and terminate the client’s access to services.
TERMINATION:
We may terminate or cancel your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and deletion of all information associated with your membership, account, and services. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services, by contacting support@realtyroi.com. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
1. which users gain access to the Services;
2. what Content you access via the Services; or
3. how you may interpret or use the Content.
4. your third party services
5. transfer of data
6. your expiring third-party domains
You release us from all liability related to the services provided by RealtyROI, and for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services. Except where such disclaimer of liability is prohibited by applicable law, we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
SERVICES AND FIDUCIARY RESPONSIBILITY:
By becoming a client of RealtyROI, you acknowledge, understand and agree that RealtyROI has no fiduciary responsibility to you in any way. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION:
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, agents, contractors, officers, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability. IN NO EVENT SHALL WE NOR OUR AFFILIATES, NOR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
1. Arbitration.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR SERVICES, BILLING DISPUTES, DOMAIN OWNERSHIP DISPUTES, USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in a court in the State of Oregon (Multnomah or Washington County) having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement.
2. Severability.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Jurisdiction. This User Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, including its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of this User Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Multnomah County, Oregon, except where the jurisdiction and venue are mandated by applicable law.
REPRESENTATIONS AND WARRANTIES
A. Company makes the following representations and warranties for the benefit of Customer:
1. No Conflict. Company represents and warrants that it is under no obligation or restriction that would in any way interfere or conflict with the work to be performed by Company under this Agreement and the Order. Customer understands that Company is currently working on one or more similar projects for other clients. Provided that those projects do not interfere or conflict with Company's obligations under this Agreement, those projects shall not constitute a violation of this provision of the Agreement.
2. Conformity, Performance, and Compliance. Company represents and warrants that (1) all Deliverables shall be prepared in a workmanlike manner and with professional diligence and skill; (2) all Deliverables will function under standard HTML conventions; (3) all Deliverables will conform to the specifications and functions set forth in this Agreement; and (4) Company will perform all work called for by this Agreement in compliance with applicable laws. Company will repair any Deliverable that does not meet this warranty within a reasonable period of time if the defect affects the usability of Customer's Web Site, and otherwise will repair the defect within 24 hours, said repairs to be free of charge to Customer. This warranty shall extend for the life of this Agreement. This warranty does not cover links that change over time, pages that become obsolete over time, content that becomes outdated over time, or other changes that do not result from any error on the part of Company.
3. Disclaimer of All Other Warranties. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS WEB PAGES OR THE WEB SITE WILL MEET THE CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE WEB PAGES WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB PAGES AND WEB SITE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, DEVELOPER PROVIDES ITS SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY'S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
4. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE MAXIMUM REMEDY AVAILABLE TO EITHER PARTY IS ANY AMOUNT PAID BY CUSTOMER HEREUNDER. COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
B. Customer makes the following representations and warranties for the benefit of Company:
1. Customer represents to Company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Company for inclusion in the Web Site are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Company and its subcontractors from any claim or suit arising from the use of such elements furnished by Customer.
2. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Customer agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Customer's exercise of Internet electronic commerce.
C. Confidentiality. The parties agree to hold each other's Proprietary or Confidential Information in strict confidence. "Proprietary or Confidential Information" shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other's Proprietary or Confidential Information available in any form to any third party or to use each other's Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party's proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Company and Customer acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the Effective Date.
MODIFICATION:
We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any domain, website, advertisement, feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Any client or user of our service understands that it is their responsibility to check this User Agreement for changes. If the client is unable to locate the most recent updates to the User Agreement, the client agrees to contact support@realtyroi.com immediately to obtain such a copy. The client/user agrees that continued use of any Services following notification of any changes to this User Agreement constitutes acceptance of those changes. Notification of changes to this User Agreement includes but is not limited to: posting a notice on the RealtyROI website, or posting a notice in an email to a client. The client agrees that it is their responsibility to check the RealtyROI website for updates to this User Agreement.
MISCELLANEOUS:
Agreement and Severability.
This User Agreement between you and us with respect to the Services, including use of the Site, supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. In the case that you are a client who has signed service agreement, then these terms and conditions (user agreement) are incorporated by reference into your contract (“service agreement”), and will act as a supplement to the terms of your service agreement. If any provision of this User Agreement is found to be contradictory to the signed service agreement, then this user agreement will supersede all prior communications and proposals (whether oral, written, or electronic). If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable as intended.
Import and Export Jurisdiction.
Content and software from the RealtyROI Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.
Force Majeure.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
AGREEMENT:
This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in this User Agreement, all notices under this User Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@RealtyROI.com.
No Waiver. Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with a certified, signed, written (non-electronic) notice of such waiver through one of our authorized representatives.
Headings:
The section and paragraph headings in this User Agreement are for convenience only and shall not affect their interpretation.
Contact: support@RealtyROI.com.
Effective Date of User Agreement: 05-19-2015
Updated: 10-04-2016
PRIVACY POLICY
This Privacy Policy describes the policies and procedures of RealtyROI.com (“we”, “our” or “us”) on the collection, use and disclosure of your information on www.RealtyROI.com (the “Site”) and the services, features, content or applications we offer (collectively with the Site, the “Services”). We receive information about you from various sources, including: (i) if you register for the Site and the Services, through your user account on the Services (your “Account”); (ii) your use of the Services generally; and (iii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements.
What Does This Privacy Policy Cover?
This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”), and other information described in this policy, gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.
This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications, such as Facebook (“Third Party Services”) that you elect to access through the Service. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content, privacy policies, or practices of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.
What Information Do We Collect?
The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect, use, share, and/or display some of your Personal Information. We collect the following types of information from our users.
ACCOUNT INFORMATION:
When you create an Account, you will provide information, such as your username, password and email address. If you access the Services through Facebook credentials, we may automatically collect certain information, such as your name, picture, and email address. We will use all information available through Facebook in accordance with Facebook’s policies and your preferences selected through Facebook. As permitted by law, we may use your contact information to send you information about our Services, when we feel such information is important. You may unsubscribe from these messages through your Account settings, although we reserve the right to contact you even if you unsubscribe when we believe it is necessary in connection with the Services, such as for Account recovery purposes.
USER CONTENT:
Some features of the Services allow you to provide content to the Services, such as written comments. The Services are designed to help you share such content with others. As a result, some of the provided content is shared publicly or with third parties. Therefore, all content submitted by you to the Services may be retained by us for as long as we require it in relation to the purposes set out in this Privacy Policy, subject to state law, even after you terminate your Account. We may continue to disclose such content to third parties, as described in this Privacy Policy.
INFORMATION COLLECTED AUTOMATICALLY:
We automatically receive and record information from your device or web browser when you interact with the Services. This information may include, your IP address, an ID that we may create and associate with our content, cookie information, and other details. This information is used for fighting spam/malware, to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on and shared with others, including via email and social media), and to otherwise personalize, improve and continue to operate the Services. We may associate the information we collect by automated means with your Account if you have one, the device you use to connect to the Services, or email or social media accounts that you use to share our content.
Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site or mobile application. We may use this data in aggregate form, that is, as a statistical measure. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
When you visit the Site, we may also collect information about your online activities over time and across third-party websites or online services. Because there is not yet a consensus on how companies should respond to web browser-based or other do-not- track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time.
Please see our Cookies Policy for more detail about the information we may collect automatically and your choices.
LOCATION DATA:
Some of our Services, such as mobile applications, may collect geo- location data (which determines your current location) to provide location- related Service functionality. We may link location data to other information we have collected about you for the purposes described in this Privacy Policy. You may stop sharing your location data by adjusting your mobile device’s location services settings. For instruction on changing the relevant settings, please contact your service provider or device manufacturer.
EMAIL COMMUNICATIONS:
We may receive a confirmation when you open an email from us. We use this confirmation to improve our Services, including customer service.
INFORMATION RELATED TO ADVERTISING:
To support and enhance the Services, we may serve advertisements, and also allow third parties advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. We may engage with ad networks that are members or organizations or programs that manage the advertising privacy choices these ad networks offer consumers.
When you visit our Site or use our mobile applications or other Services, ad networks and other parties may collect information about your online activities over time and across different websites. We are not responsible for the privacy practices of these ad networks and other parties.
Advertisements served through the Services may be targeted to users who fit a certain general profile category, which may be inferred from information provided to us by a user, may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use other than in connection with the Services.
AGGREGATE INFORMATION:
We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Information.
How, and With Whom, Is My Information Shared?
The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties.
We do not sell or otherwise disclose Personal Information we collect about you, except as described in this Privacy Policy or as we notify you at the time we collect the information.
PUBLIC INFORMATION ABOUT YOUR ACTIVITY ON THE SERVICES:
Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted or shared publicly on the Site or otherwise through the Services, such as written posts, comments, or other submissions by you to the Site.
Registered users may have some of this information associated with their Accounts. In addition, information concerning the use of the Services (such as what pages they have visited) by unregistered users may be tracked through the use of cookies and other automated data collection means, and stored by us.
Please also remember that by choosing to provide Personal Information using certain public features of the Services, you make your information publicly available. Users reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
IP ADDRESS INFORMATION:
We may share limited IP address information with our partners, service providers and other entities with whom we conduct business, and as otherwise specified in this Privacy Policy for the purposes described in this Privacy Policy.
AGGREGATE INFORMATION:
We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us information about you that they have independently developed or acquired.
EMAIL COMMUNICATIONS WITH US:
As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your Account. Communications relating to your Account will be sent for purposes important to the Services, such as password recovery. We may use your email address to contact you for editorial purposes, to advise you of any changes to our Site, and to send you messages about our marketing partners’ products with your consent or as permitted by law. You may choose not to receive our marketing emails by clicking on the unsubscribe link in the emails you receive from us, or by updating your preferences in your Account settings. Please note that even if you opt out, we may continue sending you service-related information.
USER PROFILE INFORMATION:
User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services. We will not reveal user email addresses to other users of the Site.
INFORMATION SHARED WITH OUR SERVICE PROVIDERS:
We employ and contract with service providers – individuals and entities that perform certain tasks on our behalf. We may need to share Personal Information with our service providers in order to provide products or services to you. We request that our service providers use Personal Information or other information we share with them solely for the purpose to assist us.
INFORMATION DISCLOSED PURSUANT TO BUSINESS TRANSFERS:
In some cases, we may choose to buy or sell assets. In these types of transactions, user information, including Personal Information, is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur as permitted by law. Following the transfer of user information in the circumstances described in this paragraph, all inquiries concerning the processing of user information should be directed to the entity to which the information is transferred.
INFORMATION DISCLOSED FOR OUR PROTECTION AND THE PROTECTION OF OTHERS:
We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce our User Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
INFORMATION WE SHARE WITH YOUR CONSENT:
In addition to the types of sharing Personal Information described above, we may share your information with third parties with your consent.
International Data Transfers
We may transfer Personal Information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your Personal Information to other countries, we will protect that information as described in this Privacy Policy.
Is Information About Me Secure?
Your Account information will be protected by a password for your privacy and security. You need to help prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account. We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
We otherwise store all of our information, including your IP address information, using techniques reasonably designed to secure the information. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
In certain jurisdictions, we will retain your information only for as long as necessary to fulfill the purpose for which the information was collected, depending on the purposes for which the information was collected, the nature of the information, any contractual relationship we may have with you, and our legal or regulatory obligations. We will then destroy your information or anonymize the information for statistical and analytical purposes in accordance with applicable law.
What Information of Mine Can I Access?
If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.
California Privacy Rights: Under California Civil Code sections 1798.83- 1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a request to: support@RealtyROI.com
How Can I Delete My Account?
Should you ever decide to delete your Account, you may do so by emailing support@RealtyROI.com. If you terminate your Account, any information you provided will no longer be accessible via your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.
What Choices Do I Have Regarding My Information?
This Privacy Policy also explains the privacy choices you have when using the Services, including with respect to cookies, marketing emails, targeted advertising, location data and the sharing of your information by RealtyROI.
You can use many of the features of the Services without registering, thereby limiting the types of Personal Information that we collect. When you use a RealtyROI application on your mobile device, you may choose not to share your precise geo-location details with us by adjusting the device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
You can delete your Account by emailing support@RealtyROI.com. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible.
To the extent permitted by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your Personal Information by contacting us at support@RealtyROI.com. We will apply your preferences going forward. In some circumstances, withdrawing your consent to RealtyROI’s use or disclosure of your Personal Information will mean that you will no longer be able to use RealtyROI products or services.
In certain jurisdictions in which we operate, you may have the right under applicable law to: obtain confirmation that we hold personal information about you, request access to and receive information about the personal information we maintain about you, receive copies of the personal information we maintain about you, update and correct inaccuracies in your personal information, object to the processing of your personal information, provide instructions for the use of your personal information after death, request to be deleted any personal information collected at the time you qualified as a minor under applicable law, and have the information blocked, anonymized or deleted, as appropriate. The right to access personal information may be limited. To exercise these rights, please contact us as set forth below.
What Happens When There Are Changes to this Privacy Policy?
We may amend this Privacy Policy from time to time and without prior notice to you. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services and, in certain circumstances, seeking your consent.
What If I Have Questions or Concerns?
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to support@RealtyROI.com.
Cookies on RealtyROI
RealtyROI, (“we”, “our” or “us”) uses cookies, web beacons and similar technologies (collectively, “cookies”) on www.RealtyROI.com (the “Site”) to function effectively. This Cookie Notice provides you with information about the cookies used on the Site, their purpose, and the choices you can make with regard to the use of cookies.
WHAT ARE COOKIES?
Cookies are pieces of text that may be placed on your computer’s hard drive through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site, share our content, and otherwise use our services through the Internet. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server.
TYPES OF COOKIES AND OTHER TECHNOLOGY WE USE ON THE SITE
• Essential Cookies
We use essential cookies for the duration of each session (“session cookies”). Session cookies are essential to enable you to securely access the Site and its functionalities. Session cookies are deleted when you log out of the Site or when you close your web browser. The following information may be collected through session cookies: single sign-on data and session ID (to remember your credentials over the course of your session); server affinity and authentication data (to establish and maintain the communication with the most appropriate servers).
We use session cookies to remember the choices you make on the Site. You may reject or disable session cookies by altering the cookie function of your browser. The “help” portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. We strongly recommend that you leave cookies active, because they enable you to take advantage of the most attractive features of our services.
• Advertising Cookies
Third party cookies are used for web advertising purposes, such as to understand your use of the Site and your online activities, and to present you with relevant RealtyROI offers and advertisements tailored to your interests, including on the basis of your selected country or language. We also partner with ad networks that use web beacons to customize relevant content to you on third-party websites. These partnerships allow ad networks to use web beacons enable ad networks to serve targeted RealtyROI content and advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad networks’ servers, these companies can view, edit or set their own cookies to provide the RealtyROI content and advertisements, just as if you had requested a web page from their site.
Advertising cookies collect the following information: unique identification assigned to your device; IP address; device and browser type; operating system; referring URLs; content viewed or other actions taken on the Site; time and date of those actions; and country information.
• Performance Cookies and Web Beacons
Third-party persistent cookies, as well as web beacons, are used for web analytics purposes for our exclusive use; i.e., for managing and improving the performance and design of the Site. In addition, to increase the effectiveness of ad delivery, we may deliver a web beacon from an ad network to you through the use of our services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers.
The following information is placed in/collected through the persistent cookies and web beacons: unique identification number assigned to your device; IP address; browser type; operating system; referring URLs; information on actions taken; and dates and times of Site visits. All data collected by third-party cookies on our behalf is aggregated and of a statistical nature.
Effective Date: 02-16-2017
DMCA
RealtyROI.com (“Organization” or “Website”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
RealtyROI.COM DMCA COPYRIGHT POLICY
PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENT:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Website is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
5. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT:
It is Website’s policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Website will terminate such content provider’s, member’s or user’s access to the service.
PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Website is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Website may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Website’s discretion.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Website at support@RealtyROI.com
Last Updated: 05/19/2016
