RealPro Alliance, LLC., (“REALPRO”) helps locate and connect with a variety of Vendors related to the purchase of, financing, care for and use residential real estate (collectively, “Service Providers”).
Please read these Terms of Service (“Terms”) carefully, they contain important information about your legal rights, remedies, and obligations. In particular, Section 13 of these Terms contains an arbitration clause and class action waiver that applies to all disputes between you and REALPRO. OUR SITE, APPLICATION, AND SERVICES ARE INTENDED FOR USE ONLY IN THE UNITED STATES OF AMERICA (USA). ALL OTHER USE IS PROHIBITED.
Our Terms are a legally binding agreement (“Agreement”) between you and REALPRO, governing your access to and use of the REALPRO website, including any subdomains, and any other websites (collectively, our “Site”) through which REALPRO makes its products and services available; our mobile, tablet, and other smart device applications, and application program interfaces (collectively, “Application”); and all associated products and services (collectively, our “Services”). Together, the Site, Application, and Services are referred to as the “REALPRO Platform” in this Agreement. Our collection and use of personal information in connection with your access and use of our REALPRO Platform is described in our Privacy Policy, please read it carefully. Finally, the access to or use of certain areas and features of our REALPRO Platform may be subject to separate agreement terms, policies, standards, or guidelines and may require a subscription or special permission for access (“Supplemental Agreement”).
A Note to Home Buyers and Home Owners (“Consumers”). Welcome to the REALPRO Platform. As described in this Section, this Agreement applies to you and your access and use of the REALPRO Platform.
Acceptance: You accept and agree to comply with this Agreement by (1) clicking a box indicating acceptance, (2) accepting a Supplemental Agreement that expressly incorporates these Terms into that Agreement, (3) clicking a registration or new account submission button, or (4) otherwise accessing or using our REALPRO Platform. If you are accepting this Agreement as part of a Supplemental Agreement between your company, affiliate, or other entity and REALPRO (an “Enterprise Contract”), you represent that you have the authority to bind your entity, its employees, and affiliates to this Agreement, in which case the term “You” or “Member” will also refer to the entity’s employees and affiliates.
Changes to this Agreement. REALPRO reserves the right to modify this Agreement at any time in accordance with this provision. If we make changes to this Agreement, we will post the revised Terms on the Site and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications at least fourteen (14) days before the date they become effective. Your continued access to, or use of, our REALPRO Platform will constitute acceptance of the Terms or any revised terms that may be posted. If at any time you disagree with the Terms, you may terminate this Agreement with immediate effect by ceasing to use the REALPRO Platform and taking action to terminate your account. This Agreement may not be modified unless expressly agreed to in writing by REALPRO.
Use of the site and services. Subject to full compliance with these Terms REALPRO grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the REALPRO Platform for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of REALPRO. REALPRO may modify, update, suspend or discontinue the REALPRO Platform, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. REALPRO shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
User conduct. As a condition of your access and use of the REALPRO Platform and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the REALPRO Platform (collectively, the “Content”), you agree not to use the REALPRO Platform for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by REALPRO. By way of example, and not as a limitation, you agree not to: violate these Terms of Use, other applicable agreement with REALPRO, and any applicable local, state, national or international law, and any rules and regulations having the force of law; use the REALPRO Platform in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights; use the REALPRO Platform or its Content for any purposes not authorized by these Terms, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation; reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the REALPRO Platform for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of REALPRO, which consent may be withheld by REALPRO in our sole discretion; post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the REALPRO Platform or any activities conducted on the REALPRO Platform; harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with REALPRO, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating; knowingly provide or submit false or misleading information; use the REALPRO Platform if you are under the age of eighteen (18); take any action that would undermine the review and rating process under the REALPRO Platform; attempt to gain unauthorized access to the REALPRO Platform, other user accounts, or other computer systems or networks connected to the REALPRO Platform; use the REALPRO Platform in any way that could interfere with the rights of REALPRO or the rights of other users of the REALPRO Platform; attempt to gain unauthorized access to any portion or feature of the REALPRO Platform, or any other systems or networks connected to the REALPRO Platform or to any server used by REALPRO by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other REALPRO Platform user; sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms; transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the REALPRO Platform; access, download, monitor, or copy any information contained on our REALPRO Platform through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the REALPRO Platform or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the REALPRO Platform; or probe, scan or test the vulnerability of the REALPRO Platform or any network connected to the REALPRO Platform, nor breach the security or authentication measures on or of the REALPRO Platform or any network connected to the REALPRO Platform. You may not reverse look-up, trace or seek to trace any information on any other user of the REALPRO Platform, or any other customer of REALPRO, including any REALPRO account not owned by you, to its source, or exploit the REALPRO Platform or any service or information made available or offered by or through the REALPRO Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by REALPRO and provided for by the REALPRO Platform.
When using, accessing, or purchasing particular services or features of the REALPRO Platform, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into these Terms.
You acknowledge that users may offer feedback and ratings of advertisers and businesses using the REALPRO Platform. You agree that any such statements or input shall be considered to be a User’s bona fide opinion. You agree to hold REALPRO harmless from any statements or opinions offered or published by Users, whether published on the REALPRO platform or elsewhere.
Registration information. We may require that you create an account to use or access certain parts of the REALPRO Platform and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the REALPRO Platform, you agree to (a) provide REALPRO with true, accurate, current and complete information as prompted by the REALPRO’s registration forms, when registering for or using the REALPRO Platform and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
Submitting content. As a condition of submitting any Content or other materials to the Sites or Services, you agree that: you grant to REALPRO a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; you grant to REALPRO all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the REALPRO Platform; you grant to REALPRO all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
your name and report information may be made available to the public and to the Vendors on which you report; you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, REALPRO, and others as described and otherwise contemplated in these Terms; you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms; you are solely responsible for your reviews and ratings; REALPRO may, in its sole discretion, choose to remove or not to remove reviews and ratings once published; you will not submit any reviews that may be considered by REALPRO to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable; all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Vendors you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual; all of your reviews and ratings of the Vendors that you are rating will be accurate, honest, truthful, and complete in all respects; you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Vendor is an individual) to any of the Vendors for which you submit reviews or ratings; you have not received any form of compensation to post reviews and ratings; you will submit thorough and thoughtful reviews of the Service Providers you; you will not submit reviews that comment on other users or the reviews of other users; you will not submit reviews with hyperlinks; or the reviews and ratings that you provide do not reflect the views of REALPRO, its officers, managers, owners, employees, agents, designees or other users.
Publication and distribution of content. REALPRO does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that REALPRO simply acts as a passive conduit and an interactive computer Vendor for the publication and distribution of Content and for the publication and distribution of any content posted by Vendors. You understand that all Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that REALPRO does not control and is not responsible for Content or Vendor Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Vendor Content.
You further acknowledge that REALPRO has no obligation to screen, preview, monitor or approve any Content posted or submitted by any other REALPRO member or any Vendor. However, REALPRO reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will REALPRO be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Vendor Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against REALPRO relating to Content, and release REALPRO from any and all liability for or relating to any Content.
You may, however, report Content that you believe violates these Terms or is otherwise unlawful by visiting Member Support (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that REALPRO may establish general practices, policies and limits, which may or may not be published, concerning the use of the REALPRO Platform. You agree that REALPRO has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the REALPRO Platform. You agree that REALPRO has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Fees and Payments. You may only use the REALPRO Platform if you have an active Account. REALPRO reserves the right to refuse, limit, or block any offer to purchase, obtain, or otherwise access the REALPRO Platform for any reason at its sole and absolute discretion. Payment of fees or subscription costs may be made via payment card or ACH debit.
When you purchase or subscribe to the Services, including a recurring subscription, the price payable is the price indicated on our REALPRO Platform at the time your order is placed (“Purchase Price”). By submitting an order to REALPRO and providing your payment method information, you acknowledge that:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT REALPRO CONTRACTS USES THIRD PARTY VENDORS TO PROCESS YOUR PAYMENT TO REALPRO THROUGH THE USE OF A PAYMENT CARD OR ACH. YOU AGREE THAT SAID PROCESSORS MAY COLLECT A CONVENIENCE FEE OR OTHER ROUTINE FEE IN CONJUNCTION WITH THE TRANSACTION.
Vendors. REALPRO does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Vendor (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Vendor, REALPRO is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Vendor, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Vendor exclusively and do not involve REALPRO. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Vendors.
Third parties and Vendors may link or otherwise direct users to our REALPRO Platform for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Vendor websites. REALPRO does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Vendor websites is subject to the respective policies of those third parties or Vendors, and not REALPRO’s policies. It is your responsibility to review such third party or Vendor policies, including any relevant privacy policies. You agree that REALPRO will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. REALPRO does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Vendor sites. You use these third party or Vendor websites at your own risk.
You agree that REALPRO is not responsible for the accessibility or unavailability of any Vendor (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against REALPRO relating to any interactions or dealings with any Service, and release REALPRO from any and all liability for or relating to any interactions or dealings with Vendors.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Vendors found on or through the use of the REALPRO Platform, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that REALPRO shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the REALPRO Platform.
Termination. REALPRO may terminate your privilege to use or access the REALPRO Platform immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the REALPRO Platform and agree not access or make use of, or attempt to use, the REALPRO Platform. Furthermore, you acknowledge that REALPRO reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the REALPRO Platform. You understand that REALPRO may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to REALPRO.
All provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the REALPRO Platform, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
COMPLIANCE
No Referrals Permitted. You represent and warrant that you shall not use the REALPRO Platform in order to engage in any activity that would constitute an unlawful “referral of business” as defined by the Real Estate Settlement Procedures Act of 1974 (“RESPA”) and Regulation X, and that your use of the REALPRO Platform shall not cause you to either give or receive anything of value in exchange for the referral of business opportunities. Further, you acknowledge and agree that any fee you pay to REALPRO, is limited to the fair market value of the REALPRO Services provided to you and does not represent any payment of a fee, kickback, or other thing of value for the referral of settlement services.
Adherence to Legal Guidelines. When accessing or using the REALPRO Platform, you agree to comply with all applicable laws and regulations governing residential real estate sales and financing, including, but not limited to, the Truth in Lending Act, RESPA, the Gramm Leach Bliley Act, the Fair Credit Reporting Act, and applicable laws regarding fair lending and equal housing opportunity. You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of our REALPRO Platform. Further, if required by applicable law to be licensed as a “mortgage originator,” or real estate agent or broker, or title/escrow agent or broker, then you represent and warrant that you have such valid licensure and that you will maintain your license(s) and otherwise be in good standing during the Term of this Agreement. In addition, you agree that REALPRO may, at its sole discretion and to the extent permitted by law, access, preserve, and disclose your Content, Public Profile, usage history, and the use of our Content in order to (a) comply with any applicable law, regulation, legal process, or government request; (b) respond to claims that any such usage violates applicable legal guidelines or the rights of third parties; and (c) enforce this Agreement.
RESPA. Certain vendors and Suppliers featured on the REALPRO Platform are considered to be “settlement services providers” as that term is defined by federal law. It is unlawful to give or receive any fee, kickback, or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or a part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person.
REALPRO has classified settlement services providers as being “Restricted Vendors” for purposes of advertising and the payment of fees or commissions associated with their services. It is agreed that alternate advertising fees and corresponding premiums related to Restricted Vendors shall be in effect, and it is agreed that all users shall adhere to accepted legal guidelines with respect thereto. REALPRO shall fully comply with the spirit and letter of RESPA and Regulation X.
It is further agreed that non-Restricted Vendors may advertise on the REALPRO platform and participate in revenue sharing and other opportunities intended to provide premiums to Users who may select or utilize a non-Restricted Vendor. Users hereby consent to any such revenue sharing or payment of referral or use premiums whether by, to or from REALPRO or any non-Restricted Vendor and User.
ADDITIONAL TERMS
Notice for California users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by RealPro Network, Inc. If You have any questions, concerns, or complaints regarding the Services, please contact REALPRO by either visiting Member Support or sending a letter, first class certified mail, to REALPRO at 360 Central Ave. St. Petersburg FL 33701, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Trademarks and copyrights/Intellectual Property. REALPRO may, at its sole discretion, enable users to (i) create, upload, post, link, share, and store content such as text, photos, contact information, graphics, videos, or other materials and information on or through our REALPRO Platform and (ii) access and view content that REALPRO makes available on or through our REALPRO Platform, including proprietary REALPRO content and any content licensed or authorized for use by or through REALPRO from a third party (collectively "Content").
The Content and all other intellectual property rights in, on, or to our REALPRO Platform are the exclusive property of REALPRO, REALPRO’s licensors, and/or REALPRO’s partners and is protected by copyright, trade dress, patent and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not distribute, license, sell, transfer, publicly display, modify, reproduce, sell, transmit, publish, copy, create derivative works from, decompile, disassemble, reverse engineer, or otherwise use in any other way for commercial or public purposes any information, software, products, or services obtained from our REALPRO Platform, including the Content, unless expressly authorized by REALPRO in this Agreement. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices incorporated in or accompanying our REALPRO Platform or otherwise provided to you by REALPRO.
REALPRO, and other REALPRO Platform graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of REALPRO in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the REALPRO Platform is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the REALPRO Platform, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of REALPRO and/or its licensors and are protected by all United States and international copyright laws.
Notices. You agree that REALPRO may communicate any notices to You under these Terms, through electronic mail, regular mail or posting the notices on the Site. All notices to REALPRO will be provided by sending a letter, first class certified mail, to REALPRO at _________________________, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), REALPRO will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
RealPro Alliance LLC
360 Central Ave
St
Petersburg, FL 33701
707-207-8117
support@joinrealpro.com
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
REALPRO will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
User feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the REALPRO Platform (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Warranties and disclaimers. You acknowledge that REALPRO has no control over, and no duty to take any action regarding: which users gain access to or use the REALPRO Platform; what effects the content on or in connection with the REALPRO Platform may have on you; how you may interpret or use the content on or in connection with the REALPRO Platform; or what actions you may take as a result of having been exposed to the content on or in connection with the REALPRO Platform. You release REALPRO from all liability for you having acquired or not acquired content or information through the REALPRO Platform. The REALPRO Platform may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. REALPRO makes no representations concerning any content contained in or accessed through the REALPRO Platform, and REALPRO will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the REALPRO Platform. REALPRO makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE REALPRO PLATFORM AT YOUR OWN RISK. THE REALPRO PLATFORM ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER REALPRO NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE REALPRO PLATFORM, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF REALPRO, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE REALPRO PLATFORM. IN NO EVENT WILL REALPRO OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL REALPRO OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE REALPRO PLATFORM.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE REALPRO PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REALPRO OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, REALPRO DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, REALPRO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
REALPRO SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND REALPRO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
REALPRO has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release REALPRO from all liability for you having acquired or not acquired Content through the REALPRO Platform. REALPRO makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the REALPRO Platform, and REALPRO will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the REALPRO Platform.
The REALPRO Platform may display links to other Internet sites or resources. Because REALPRO has no control over such sites and resources, you acknowledge and agree that REALPRO is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that REALPRO 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity
You agree to indemnify, defend and hold harmless REALPRO, its officers, managers, owners, employees, agents, designees, users, successors, assigns, Vendors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms by you; (b) the inaccurate or untruthful Content or other information provided by you to REALPRO or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another.
Limitations of liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT REALPRO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF REALPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY VendorS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY REALPRO OR THE FAILURE OF REALPRO TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY VendorS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your access to the Content on the Website, or information provided as a service by REALPRO, represents a substantial portion of the value You receive from REALPRO’s Fees. THEREFORE, TO THE EXTENT REALPRO IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, REALPRO’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF YOUR MEMBERSHIP FEE.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and REALPRO each agree to notify the other party of the dispute and attempt to negotiate an informal resolution first. We will contact you at the email address you have provided to us; you can contact REALPRO’ customer service team by emailing us. If after a good faith effort to negotiate, one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
Agreement to Arbitrate. You and REALPRO mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or to the use of the REALPRO Platform (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and REALPRO agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement. You and REALPRO each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the AAA in accordance with the Commercial Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient for you, REALPRO agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Franklin county, Ohio; (c) in any other location to which you and REALPRO both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
Modification of AAA Rules - Attorney’s Fees and Costs. You and REALPRO agree that REALPRO will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, REALPRO agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis, and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Jury Trial Waiver. You and REALPRO acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
No Class Actions or Representative Proceedings. You and REALPRO acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and REALPRO both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and REALPRO agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
Severability. Except as provided herein, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Changes. If REALPRO changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of REALPRO’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and REALPRO (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and REALPRO.
Survival. This Section will survive any termination of these Terms and will continue to apply even if you stop using the REALPRO Platform or terminate your Account.
Applicable Law and Jurisdiction. These Terms will be interpreted in accordance with the laws of the State of Ohio and the USA, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in must be brought in state or federal court in Franklin County, Ohio, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Franklin County, Ohio.
Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, or guidelines, these Terms constitute the entire Agreement between REALPRO and you pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between REALPRO and you in relation to the access to and use of the REALPRO Platform.
Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
No Waiver. REALPRO’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
No Assignment. You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without REALPRO’s prior written consent. Your right to terminate this Agreement at any time remains unaffected.
Electronic Communication. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement will be provided electronically and given by REALPRO via email, REALPRO Platform notification, or messaging service (including SMS).
Contact Us With Questions. REALPRO is dedicated to providing you with a delightful experience. Please feel free to contact us with any questions or concerns. Kindly direct them to:
RealPro Alliance LLC
360 Central Ave
St
Petersburg, FL 33701
707-207-8117
support@joinrealpro.com
If you have questions or need support, please contact us at support@joinrealpro.com