Acceptance of this TOU Agreement.
This TOU Agreement governs all use of the Website, including posting or submitting content to the Website. You should periodically review the TOU Agreement.
We reserve the right to modify this TOU Agreement. The most recent version of the TOU Agreement will always appear on the Website. You will always be bound by the most recent version of this TOU Agreement even if You are not notified of any changes. By continuing to use the Website, You accept any changes to this TOU Agreement. If You decide not to accept changes, You must cease using the Website and close Your Account.
Use of the Website.
In order to use certain functions of the Website, You will be required to create an account (Your “Account”) on the Website. You may create Your Account by (i) creating a username/password combination to use the Website, where your username may be an email address, or (ii) using a third party website’s authentication system to login to the Website.
You are solely responsible for maintaining the confidentiality of Your username/password combination or the confidentiality of your login credentials for the third party website’s authentication system. You may not allow others access to the Website through Your Account.
You will be responsible for any use of the Website taken through Your Account. If You become aware of any actual or possible abuse of the Website through Your account, contact Us immediately.
You will use the Website only as described in this TOU Agreement and according to applicable laws and regulations. You are responsible for any content, postings, communications, and comments that You submit to the Website or to other Users. You are responsible for Your actions that breach or could be reasonably construed as a breach of this TOU Agreement and You may be held responsible for any damages caused by a breach. You may not use the Website in a manner that would disrupt the Website or its use by other Users. We reserve the right to investigate any breach or alleged breach of this TOU Agreement and to report any breach or alleged breach of this TOU Agreement to law enforcement authorities if We believe that an illegal or unlawful act has occurred.
We may prevent You from using the Website if We become aware of actions that breach (or that We may reasonably construe as a breach) of this TOU Agreement. We may limit or terminate Your use of the Website if We determine that Your conduct or actions are detrimental to other Users.
Use of the RealSavvy Browser Software.
The Website allows You to access the RealSavvy browser extension and Bookmarklet software (the “Browser Software”). You may install the Browser Software into Your browser application(s), such as Google Chrome, to improve Your use of the Website.
You use the Browser Software solely at Your own risk. Certain provisions of this TOU Agreement govern Your use of the Browser Software.
Others’ Proprietary Information. RealSavvy will respond to any notice alleging infringement of the rights of a third party by investigating the allegation. We will remove the content from the Website if We determine that an infringement has occurred.
Notifications by Text Message and Email.
The Website may send You notifications by text message. You may incur charges from Your cellular or mobile carrier for text messages and We are not responsible for these charges. You consent to receive notifications by text message by accepting this TOU Agreement and using the Website.
You may stop receiving notifications by text message from Us by navigating to the “Account Settings” page while logged in to Your Account on the Website.
You may also receive notifications from Us by email. You may modify the settings for Your receipt of email notifications by navigating to the “Account Settings” page while logged in to Your Account on the Website.
Third Party Websites.
The Website may include links to or embedded content from websites operated by third parties (“Third Party Website(s)”). RealSavvy, other Users, and third parties may post or provide links to or embedded content from Third Party Websites.
We have no control over any Third Party Website and are not liable for:
- any losses or damages You may incur by navigating to a Third Party Website,
- any losses or damages You may incur because a Third Party Website did not properly interact with the Website, or
- any losses or damages You may incur because the content from a Third Party Website did not properly embed on or interact with the Website.
Unless otherwise noted, We do not endorse the links to or content of any Third Party Website.
If You believe You have an issue or complaint with an operator of a Third Party Website then You should contact the operator directly.
If You use the “Find an Agent“ feature of the Website then You may decide to do business with an Agent. We cannot be responsible for any business dealings or arrangements between You and an Agent because these business dealings or arrangements involve transactions outside Our control.
If You are an Agent:
You are considered a “User” of the Website and are bound under this TOU Agreement. Additional terms of this TOU Agreement will apply to You as an Agent.
You may use the Website to promote Your real estate business, to obtain client leads from Users of the Website who use the “Find an Agent” feature, to showcase Your boards, to contact your existing clients to invite them to become Users of the Website, to receive notifications, and to communicate with Users.
REGARDING THE BROWSER SOFTWARE, THE WEBSITE AND THE CONTENT CONTAINED IN THE WEBSITE, REALSAVVY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WEBSITE AND BROWSER SOFTWARE ARE PROVIDED “AS-IS” AND YOU USE THE WEBSITE AND BROWSER SOFTWARE SOLELY AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR COMPUTING DEVICE WHICH OCCURS AS A RESULT OF YOUR USE OF THE WEBSITE OR THE BROWSER SOFTWARE. REALSAVVY MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. ALTHOUGH WE WILL ATTEMPT TO VERIFY AGENTS, WE MAKE NO WARRANTY THAT ANY USER OF THE WEBSITE IS INDEED WHO THEY PURPORT TO BE.
REALSAVVY MAKES NO WARRANTY THAT ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE WEBSITE IS TRUE, RELIABLE OR ACCURATE. REALSAVVY MAKES NO WARRANTY THAT IT WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS IN THE INFORMATION OR CONTENT ON THE WEBSITE.
REALSAVVY MAKES NO WARRANTY REGARDING THE PERFORMANCE OR ABILITY OF ANY AGENT WHO MAY APPEAR ON THE WEBSITE OR WHOM YOU MAY CONTACT, OR BE CONTACTED BY, THROUGH YOUR USE OF THE WEBSITE. AGENTS SHALL BE CONSIDERED TO BE OPERATORS OF “THIRD PARTY WEBSITES” IF SUCH AGENTS DIRECT YOU TO WEBSITES UNDER THEIR OWNERSHIP OR CONTROL.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT REALSAVVY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INTANGIBLE LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, OR ANY LOST PROFITS WHICH YOU MAY INCUR OR SUFFER, AS A RESULT OF (1) YOUR USE OF THE WEBSITE OR THE BROWSER SOFTWARE, (2) YOUR RELIANCE ON ANY CONTENT OR INFORMATION ON THE WEBSITE, OR (3) YOUR RELIANCE ON ANY CONTENT OR INFORMATION SUPPLIED TO YOU BY OTHER USERS, INCLUDING AGENTS, OR (4) YOUR ACCESS OF INFORMATION HOSTED OR PROVIDED BY ANY THIRD PARTY WEBSITE. REALSAVVY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES THAT YOU INCUR AS A RESULT OF YOUR FAILURE TO PROTECT ACCESS TO YOUR ACCOUNT. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF REALSAVVY HAS BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IF YOU BELIEVE THAT YOU ARE AT RISK OF ANY TYPE OF LOSS, WHETHER TANGIBLE OR INTANGIBLE, THEN YOU SHOULD NOT USE THE WEBSITE OR THE BROWSER SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE THE TOTAL AMOUNT REALSAVVY IS LIABLE TO YOU SHALL BE EQUAL TO THE AMOUNTS PAID BY YOU, IF ANY, TO REALSAVVY.
Indemnification. You agree to hold RealSavvy harmless and indemnify RealSavvy from and against any third-party claim arising from or in any way related to Your use of the Website or the Browser Software in violation of this TOU Agreement, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Policies Regarding Content Submitted by You.
We are not responsible for any content, including any malicious software, posted or submitted by You or other Users to the Website. We accept no responsibility for any damages that such content or malicious software may cause to You. It is Your responsibility to review any content which You submit to or obtain from the Website. We do not endorse or support any content that is submitted to the Website by You or other Users.
We reserve the right to refuse to accept, post, display or transmit any content You submit to the Website if We believe that such content is or could be deemed to be offensive to other Users or disruptive to their use and enjoyment of the Website. We reserve the right to edit and/or remove any content submitted to the Website that contains or references (i) pornography or obscene materials, (ii) pedophilia, incest or bestiality; (iii) threats of violence; (iv) hateful references to a person’s race, ethnic group, religion, disability, gender, age or sexual orientation; (v) violates the copyright, trademark or other proprietary rights of another; (vi) the private or confidential information of another person; and (vii) Spam, marketing for other services or products or malicious software code (such as viruses or malware). We have the right to retain an archived copy of any removed content or to report any removed content, or content deemed to contain or reference any materials referenced in this Section, to law enforcement authorities or to comply with applicable laws or regulations. We may also retain such content in order to preserve Our rights.
You retain the rights to your comments or other proprietary content (“Your Proprietary Content”) that You submit, post or display on the Website. By submitting, posting or displaying Your Proprietary Content on the Website, You represent that You hold title to Your Proprietary Content and that Your submission or posting of Your Proprietary Content does not violate the privacy or proprietary rights of others,
You grant Us a perpetual, worldwide, non-exclusive, fully paid-up and royalty-free license to reproduce, publish, create derivative works from, publicly display and distribute Your Proprietary Content through or on the Website or through other products and services developed by RealSavvy. This license shall be operative even if We receive compensation or remuneration through operation of the Website, through any of Your Proprietary Content submitted, posted or displayed on the Website, or through any derivative works We prepare from Your Proprietary Content.
We may transmit or distribute Your Proprietary Content submitted to the Website over various electronic networks and in various media and make such changes to Your Proprietary Content as necessary to conform and adapt such content to the Website. We may make Your Proprietary Content available to third parties for their own business purposes. You agree that the license to Your Proprietary Content that You grant to RealSavvy includes these rights.
After it has been submitted, posted or displayed, Your Proprietary Content may remain available through the Website even if You decide to cease using the Website or terminate this TOU Agreement.
Proprietary Nature of the Website.
You acknowledge that, excepting Your Proprietary Content and the rights of third parties to their content submitted to, linked from, or embedded in the Website, RealSavvy owns all right, title and interest in and to the Website (including its underlying software code) and that U.S. and international intellectual property laws protect such rights.
You will not reproduce, reverse engineer, copy, alter, modify, or create derivative works from the Website or its underlying software code. You agree that you will not use any robot, spider, other software or manual process to monitor, “scrape,” or copy any content available on the Website. You agree not to resell any of Our information, products, or services made available through the Website.
The “RealSavvy” standard character mark and the “RealSavvy” logos on the Website are Our trademarks. These trademarks and Our other trademarks are protected under U.S. and international intellectual property laws. Other marks that may appear on the Website may be proprietary to their respective owners.
We grant You a nonexclusive, royalty-free, fully paid-up, revocable license to display electronic versions of the “RealSavvy” logos on Your website, including commercial websites marketing goods and services in the field of real estate, so long as:
You do not use the “RealSavvy” logos in a manner that would reasonably cause a person to confuse your website as the source of the goods and services offered by RealSavvy,
You do not use the “RealSavvy” logos to directly promote or advertise any other goods or services, excepting that, if You are an Agent, you may use the “RealSavvy” logos on Your website in a manner that would promote and advertise Your real estate practice;
the “RealSavvy” logos provide hypertext links to a page on the RealSavvy Website; and the logos are used in accordance with any additional policies set forth on the Website.
Except as enumerated herein, nothing in this TOU Agreement gives You a license to use any of the Website’s underlying software code or any other proprietary content available through the Website.
Billing, Refunds, and Termination.
The Website is free for Users to use the Website to save homes, create boards, share boards, and send Agent representation requests from Our “Find an Agent” feature. If You are a User then You may terminate this TOU Agreement by ceasing to use the Website and by closing Your Account.
The Website is free for Agents who have “Basic” Accounts. Agents with “Basic” Accounts may terminate this TOU Agreement by ceasing to use the Website and by closing the “Basic” Account.
If You are an Agent with a “Pro” paid Account then You will be billed according to the terms on the Website’s “Features and Pricing” page at https://www.realsavvy.com/pricing. You may contact us at [email protected] if you wish to cancel Your “Pro” paid Account or wish to change your Account from a “Pro” paid Account to a “Basic” Account. You will cease being billed at the end of the monthly billing cycle in which You cancel Your “Pro” paid Account or convert Your Account to a “Basic” Account.
If You have questions on how to cancel your paid use of the Website then please contact Us.
Contact. You may contact RealSavvy at the phone number (650) 479-6270 or at the email address [email protected]
This TOU Agreement constitutes the entire agreement between You and RealSavvy regarding Your use of the Website.
Any failure by RealSavvy not to exercise or enforce any legal right or remedy available to RealSavvy shall not be construed as a waiver of such right or remedy.
If any court of competent jurisdiction rules that any provision of this TOU Agreement is invalid, then such provision shall be removed from this TOU Agreement without affecting the remainder of the TOU Agreement and this TOU Agreement will continue to be valid and enforceable.
This TOU Agreement shall be governed under the laws of the State of Texas without regard to its conflict of laws provisions. Venue for any action brought under this TOU Agreement will be the courts of Travis County, Texas.
Any claim or cause of action You may have against RealSavvy must be filed within two (2) years of the date on which the claim or cause of action occurred, or within two (2) years of the date on which You would have had reason to know of the occurrence of such claim or cause of action, or such claim or cause of action shall be forever barred.
The Website has been designed to comply with the laws of the United States and RealSavvy does not make any representation or warranty that use of the Website is legal or lawful in other jurisdictions. You will be solely responsible for complying with applicable law should You access or use the Website from outside the United States.