Last updated August 8, 2019
I. ACCESSING THE SERVICES AND USER REPRESENTATIONS
To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
II. INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Services, and subject to your compliance with these Terms in all material respects, you are granted a revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for the purpose of providing information, products, and services, as contemplated by the Services. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.
III. CONTACTING YOU
By submitting your information or using the Services, you expressly consent and agree that Real Estate Sellers, its affiliates, and assigns (collectively, “Represented Entities”) may place calls and send text messages to any cellular (or non-cellular) telephone number provided to Real Estate Sellers or the Represented Entities by you, or anyone purporting to act on your behalf, including through the use of an automatic telephone dialing system and calls utilizing artificial or prerecorded voice and/or messages, for any purpose related in any way to your use of the Services, including without limitation: as part of the registration process, in conjunction with a request made through a website form or chat; in response to any other requests for information, goods, or services submitted through the website; and/or Service, product, and/or user-experience improvement surveys. This provision is a material term of the agreement between you and Real Estate Sellers and cannot be unilaterally modified, revoked, or withdrawn by you.
You promise that you are the owner and/or primary user of all cellular telephone numbers you provide to us. If your cellular (or non-cellular) phone number changes, you will immediately notify us. Otherwise you will be liable for any and all loss, damage, and expenses incurred by Real Estate Sellers as a result.
Real Estate Sellers and the Represented Entities are not responsible for any fees assessed by your cellular (or non-cellular) telephone provider for receipt of text messages or calls.
You also agree that Real Estate Sellers and the Represented Entities may record or monitor any or all conversations that you have with Real Estate Sellers and the Represented Entities, without any further notification and for any reason.
IV. USER ACCOUNTS
A. Creation of User Accounts/Prohibitions
- create an account for anyone other than yourself without permission;
- share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
- assign or transfer your account or login information to anyone.
B. Account Termination
You may cancel your account upon 30-days’ notice by either calling us and speaking to an authorized account representative or sending an email to email@example.com.
If you cancel your account, you will lose all access, upon the expiration of your current pre-paid period, to the Services and any data or information stored in your account.
If you cancel your account prior to the conclusion of your current subscription period, you will remain responsible for payment of all subscription fees through the conclusion of your current subscription period.
V. PRICING AND PAYMENT
A. Subscription Plans
Real Estate Sellers offers a range of subscription plans to Account Users (each, a “Plan”). Each Plan includes a numerical range of leads that may be claimed every month, for the length of the subscription period. As an express condition of your use of and access to the Services available to Account Users, you agree to pay all fees applicable to your subscription plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.
You will select your Plan as part of your account registration. Each subscription period for a Plan will be based on the subscription period chosen/sold. The fees for all plans are billed in advance based upon the subscription period noted, are non-refundable, and automatically renew on a monthly or annual basis, as specified in your plan.
At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide Real Estate Sellers with email notice sent to firstname.lastname@example.org of your intent not to renew your Plan at least thirty (30) days prior to the end of the then-current subscription period.
Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
To view the specific details of your Plan, including pricing information and the end date of your subscription period, login to your account on the Site and select the Account Details link or contact us at email@example.com.
B. Changes in Fees
Payment terms are provided by Real Estate Sellers and may be changed by Real Estate Sellers at any time upon notice to you or by posting the payment terms on Real Estate Sellers’ website. We may change the fees for the Services at any time or impose additional fees or charges.
Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, provided that if you upgrade or downgrade to a new Plan, you will be charged at the then-current rate for such plan, as provided at real-estate-sellers.co.
VI. PROHIBITED USE
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases through the Services.
- Use the Services to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Services.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
VII. COMPLIANCE WITH LAWS
You may not use the Site or the Services to violate any law, statute, ordinance or regulation, including export, intellectual property, and privacy laws. The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We do not represent that content available through the Services is applicable, appropriate, or available for use in locations outside of the United States. Persons who choose to use the Services from other locations do so on their own initiative and are solely responsible for compliance with all local laws, to the extent any are applicable.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
X. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information associated with our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
XI. GOVERNING LAW
XII. DISPUTE RESOLUTION AND MANDATORY ARBITRATION
Agreement to Arbitrate
Any Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration, rather than in court. Arbitration proceedings will be conducted by a neutral arbitrator, rather than a state or federal court judge, and will not proceed before a jury. BY ACCEPTING THESE TERMS, YOU AND REAL ESTATE SELLERS ARE EACH WAIVING ANY RIGHT TO TRIAL BY JURY AND ANY RIGHT TO BRING AN ACTION IN COURT, EXCEPT AS EXPRESSLY IDENTIFIED BELOW.
Prohibition of Class and Representative Actions
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ALSO AGREE THAT YOU MAY ONLY BRING CLAIMS ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNLESS BOTH YOU AND REAL ESTATE SELLERS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Arbitration Rules and, where applicable, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator must follow applicable law. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In the event a party refuses to arbitrate a Dispute pursuant to this Section, the other party shall be entitled to its reasonable attorney’s fees and costs to compel arbitration.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; and (b) any claim for injunctive relief. All other Disputes, other than those listed here, shall be subject to binding arbitration.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state courts located in Los Angeles, California, and federal courts located in the Central District of California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than two (2) years after the cause of action arose.
If any portion of the Dispute Resolution Provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of the provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND/OR (7) THE AVAILABILITY OR VALIDITY OF CONSENT TO TELEPHONIC OR EMAIL CONTACT THAT MAY OR MAY NOT HAVE BEEN PROVIDED BY ANY LEADS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
XVI. USER DATA
XVII. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Accessing the Services, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communications from Real Estate Sellers, its agents, and its affiliates and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.