Terms of Service
By logging on to the RealtySoft website, registering, or using any of RealtySoft’s products or services (collectively the “RealtySoft Services”), you agree to the following terms and conditions (the “Terms of Service” or “TOS”), and any privacy policies, usage guidelines or other policies and any amendments thereto, all of which are incorporated herein by reference. The most current version of this TOS is available at http://www.realtysoft.com/corporate-termsofuse.php.
In consideration of your use of the RealtySoft Services, you represent and warrant that you are eighteen (18) years of age and you have the legal right and capacity to enter into this TOS. By registering you agree to accept the terms and conditions of this TOS.
You further agree to provide and maintain all information required by the RealtySoft registration form (the "Registration Data") in true, accurate and complete form. In the event any Registration Data is not true, accurate and complete you agree that RealtySoft has the right to suspend or terminate your account and refuse any and all use of the RealtySoft Services.
You are solely responsible for maintaining the confidentiality of your account password, and all activities that occur within your account. You agree to immediately notify RealtySoft of any security breach, unauthorized use of your password or account and further agree that you will not hold RealtySoft liable for any loss or damage arising from your failure to maintain the security of your password.
You understand and agree that all information, data, text, photographs, graphics, messages, themes or other materials ("User Content") are the sole responsibility of the person from which such User Content originated, which means that you, and not RealtySoft, are entirely responsible for your conduct and all User Content that you upload, post, email, transmit or otherwise make available via the RealtySoft Services.
As computers and other equipment can be subject to occasional malfunction, you agree that you will not hold RealtySoft liable for any inadvertent damage to, corruption of or destruction of any User Content. If any User Content is transmitted to RealtySoft and is damaged, lost or corrupted in any way, RealtySoft shall have no obligation or liability to you.
RealtySoft does not control the User Content posted via the RealtySoft Services and, as such, does not guarantee the accuracy, integrity or quality of such User Content. RealtySoft reserves the right, but has no obligation, to review, delete, modify or move any User Content available via RealtySoft services, and notify the proper governmental authorities as provided by law. You understand that by using RealtySoft services you may be exposed to User Content that you deem to be offensive, indecent or objectionable, and that you use RealtySoft services at your own risk for your own purposes. You agree that you will not engage in any activity that interferes with or disrupts RealtySoft services or servers or networks connected to RealtySoft services.
THIRD PARTY WEBSITES
RealtySoft Services may provide or contain links to third party websites over which RealtySoft has no control, and you agree that RealtySoft does not endorse and is not liable or responsible for any content, services or other materials available on any third party website.
You agree to not use the RealtySoft Services to upload, post, email, transmit or otherwise make available any User Content, or take any action that is unlawful, intentionally or unintentionally violates any applicable local, state, national or international law, infringes on the rights of a third party, is harmful to minors in any manner, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or collect or store personal data about other users.
You also agree not to interfere with the operation of the site via the use of viruses, programs or technology designed to disrupt or damage hardware or software, remove or attempt to remove any copyright, trademark, service mark or any other proprietary rights notifications contained in any materials you access or copy via the site, misrepresent yourself or represent yourself as another user on the site.
You understand and agree to the RealtySoft Services, and understand and agree that User Content contains proprietary and confidential information that is protected by applicable intellectual property (copyrights, trademarks, service marks, patents or other proprietary rights) and other laws and treaties. Except as expressly authorized by RealtySoft and the duly authorized third party rights holders, you agree not to violate any laws, rules, regulations or proprietary rights of any third party to the User Content and RealtySoft Services.
RealtySoft claims no ownership or control over any User Content submitted, posted or displayed by you on or through RealtySoft Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through RealtySoft services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through RealtySoft services which are intended to be available to the members of the public, you grant RealtySoft a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such User Content on the RealtySoft Services for the purpose of displaying, distributing and promoting RealtySoft Services. You represent and warrant that you have all necessary rights and licenses to grant the license herein to any User Content submitted on the RealtySoft website.
MODIFICATIONS TO SERVICE
RealtySoft reserves the right, without liability to you or any third party, to modify or discontinue, at any time, its site and any associated RealtySoft Services, or portion thereof, without notice.
RealtySoft respects the intellectual property of others. RealtySoft may, in certain circumstances, disable or terminate the accounts of users who may be repeat infringers. If you are a copyright owner or an agent of a copyright owner and believe that any User Content or other content on the RealtySoft site unlawfully infringes upon your rights, then please provide our agent with the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is to be covered by a single notification, a representative list of such works at that site.
- A description of the material that is claimed to be infringing in a manner that is reasonably sufficient enough to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, an electronic mail address.
- A statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent or the law.
- A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
All of the above must be provided for notification to be effective to RealtySoft.
Our Copyright Agent for notice of claims or copyright infringement on its Web site can be contacted as follows:
Attn: Copyright Agent
200 Consumers Road, Suite 308
Toronto, Ontario M2J 4R4
You may discontinue your use of the RealtySoft Services at any time, by providing RealtySoft with thirty (30) day advance notice. You agree that RealtySoft may at any time and for any reason, including non-payment of fees, terminate your access to RealtySoft Services, and suspend or terminate your account. In the event of any such termination, your account will be disabled and you will not be granted further access to the RealtySoft Services, including without limitation any User Content, files or other data and content contained in your account. If the termination is for non-payment of fees, RealtySoft will allow you access to your User Content, files or other data and content contained in your account upon payment of all amounts owed to RealtySoft. These Terms of Service shall survive any termination of your account.
You agree to indemnify and hold harmless RealtySoft and its subsidiaries, affiliates, Officers, Directors and Employees from any claim or demand, including costs ,expenses and reasonable attorneys' fees, arising from your use of the RealtySoft site and services, or pertaining to any User Content you make available through the RealtySoft Services, or any violation by you of these Terms Of Service, or your violation of any rights of a third party, including but not limited to claims of disparagement, libel, slander and/or any intellectual property claims.
NO COMMERCIAL REUSE OF REALTYSOFT SERVICES
You agree not to modify, copy, sell, license or otherwise exploit for any commercial purposes, any portion of the RealtySoft Services.
LIMITATION OF LIABILITY
IN NO EVENT SHALL REALTYSOFT BE LIABLE TO THE YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REALTYSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHICH RESULT FROM ALL CAUSES, INCLUDING WITHOUT LIMITATION: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE REALTYSOFT SERVICES; (II) THE COST OF PROCUREMENT OF ANY SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT OR DATA; (IV) ACTIONS BY ANY THIRD PARTY ON THE REALTYSOFT WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE REALTYSOFT SERVICES.
DISCLAIMER OF WARRANTY
RealtySoft disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. RealtySoft does not warrant that its site; information or User Content or services made available through the site, its servers or any e-mail sent from RealtySoft are free of viruses or other potentially harmful components.
RealtySoft shall not be responsible for anything that may happen beyond its reasonable control (e.g. wars, sabotage, acts of God, etc.) and RealtySoft shall not be liable for any damages or costs resulting from such events.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF REALTYSOFT SERVICES IS AT YOUR SOLE RISK, AND ANY CONTENT OBTAINED THROUGH THE REALTYSOFT SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR ANY LOSS OF DATA THAT RESULTS THERE FROM. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, REALTYSOFT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALTYSOFT AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE REALTYSOFT SERVICES AND THE REALTYSOFT WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, AND NOT BY WAY OF LIMITATION, REALTYSOFT DISCLAIMS ANY WARRANTY THAT THE (I) REALTYSOFT SERVICES OR THE REALTYSOFT WEBSITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, (II) REALTYSOFT SERVICES WILL BE TIMELY, SECURE, OR MEET YOUR REQUIREMENTS, (III) QUALITY OF THE REALTYSOFT PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.
REALTYSOFT AND PARTNERS DO NOT WARRANT THAT (I) REALTYSOFT SERVICES WILL MEET YOUR REQUIREMENTS, (II), (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF REALTYSOFT SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH REALTYSOFT SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE REALTYSOFT SERVICES WILL BE CORRECTED.
NO STATEMENTS, EITHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS, WHICH ARE LAWFUL IN YOUR JURISDICTION, WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD PARTY BENEFICIARIES
You agree there are no third party beneficiaries to these Terms Of Service.
You agree that RealtySoft may provide you with commercial and legal notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the RealtySoft website. You may contact RealtySoft at info@RealtySoft.com.
These Terms Of Service constitute the entire agreement between you and RealtySoft and governs your use of the RealtySoft Services, superseding any prior agreements or earlier version of these Terms Of Service between you and RealtySoft.
CHOICE OF LAW AND FORUM
You hereby agree that these Terms Of Service and all matters between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or dispute arising therefrom shall be brought exclusively in the province of Ontario in Canada, and you hereby agree to submit to the personal jurisdiction of said courts, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to these Terms of Service.
WAIVER AND SEVERABILITY OF TERMS
The failure of RealtySoft to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.