TERMS OF SERVICE
TERMS OF SERVICE
Revised July 2019
2. Nature of RealMassive Services
We are a technology company and the RealMassive Services offer an online platform for the presentation of commercial real estate listing information. We are not a real estate agent, broker, mortgage broker, title company or lender. We do not broker, negotiate or otherwise participate in any real estate or other transactions on behalf of others regarding the purchase, sale, lease, rental or exchange of real estate, and we are not and will not be a party to any such transaction that you may enter into as a result of your access to or use of the RealMassive Services.
3. Accessing the RealMassive Services
We reserve the right to withdraw or amend any of the RealMassive Services or portion thereof at any time, in our sole discretion without notice. We will not be liable if for any reason all or any part of the RealMassive Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the RealMassive Services to users, including registered users. You are responsible for making all arrangements necessary for you to have access to RealMassive Services.
4. Registered Users; Company Networks
If you are a registered user who is affiliated with an entity or other form of business engaged in providing commercial real estate agency, brokerage or other professional services (a “Company”) you may be permitted to create or join the Company’s network of commercial real estate listings made available on the RealMassive Services (a “Company Network”). The initial registered user who creates a Company Network will be considered the “Company Network Owner” and will have the right to approve or reject requests by other registered users to affiliate with the Company Network and to take other actions on behalf of the Company with respect to the RealMassive Services and the Company Network (including the right to terminate a registered user’s affiliation with the Company Network). The Company Network Owner designation may be transferred to another registered user subject to and in accordance with RealMassive’s then-current policies and procedures. By affiliating your account with a Company Network, you acknowledge and agree that (a) any commercial real estate listings that you post on the RealMassive Services will become part of the Company Network, (b) the Company Network Owner and other affiliated registered users of the Company Network may add, edit or delete any commercial real estate listings that are part of the Company Network, including listings that you post, and (c) if you become un-affiliated with the Company Network, any commercial real estate listing you posted as part of the Company Network, and any contacts associated with such listings, will remain as part of the Company Network.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree not to provide any other person with access to the RealMassive Services using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
5. Intellectual Property Rights
You acknowledge and agree that the RealMassive Services, and all text, images, displays, photos, video, audio, audiovisual works, data, information and other content (including the design, selection and arrangement thereof) made available on or through the RealMassive Services (such content, the “Content”), are owned by RealMassive, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
RealMassive™ is a trademark of RealMassive. You must not use such mark or any other trademarks of RealMassive, without the prior written permission of RealMassive. All other names, logos, product and service names, designs and slogans on the RealMassive Services are the trademarks of their respective owners. The display of any third-party names, logos, product or service names, designs or slogans on the RealMassive Services does not necessarily indicate any endorsement of or affiliation with us.
To the extent that you provide us with any suggestions, feedback or other information relating to our business, the RealMassive Services or our other products or services (including suggested new products or improvements to existing products) such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully transferable and sublicensable (through multiple tiers) right and license to reproduce, display, distribute, modify, prepare derivative works of, use and otherwise exploit such suggestions, feedback and information.
6. Permitted Uses
The foregoing licenses do not authorize you to, and you will not (directly or indirectly) (a) modify, edit, adapt, alter, translate, or create derivative works of any Content or (b) reproduce, download, print, store, distribute, disseminate, display, perform, publish, or transmit any Content, except as follows: (i) your computer may temporarily store copies of Content in RAM incidental to your accessing and viewing the Content within the RealMassive Services; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes only; (iii) if you are a registered user, you may modify (to the extent enabled by the features of the RealMassive Services) your User Contributions (and, if you are affiliated with a Company Network, you may modify (to the extent enabled by the features of the RealMassive Services) commercial real estate listings that are part of the Company Network); (iv) you may print copies of a reasonable number of pages of Content displayed within the RealMassive Services for your personal use (or, if you are a Company, for your internal business use); (iv) if you are a commercial real estate agent, broker or other professional acting in your professional capacity (or, if you are a Company engaged in providing commercial real estate agency, brokerage or other professional services) you may print copies of a reasonable number of pages of Content displayed within the RealMassive Services, and distribute such copies to or on behalf of your clients, for the purpose of providing your professional services to your clients; (v) if we enable any communications features or functionality within the RealMassive Services, you may transmit Content to persons via such enabled features or functionality; (vi) if we provide Applications for download, you may download a single copy to your computer or mobile device, provided that you agree to be bound by our end user license agreement for such Applications; and (vii) if we provide social media features or functionality with the RealMassive Services, you may take such actions as are enabled by such features or functionality.
To the extent you are permitted above to make any copies of the Content, you are not authorized to, and you will not: (a) modify copies of Content or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of Content.
7. Prohibited Uses
8. Interactive Services; Your User Contributions and other Content; Rights to Use; Etc.
9. Monitoring and Enforcement; Termination
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions on or through the RealMassive Services. YOU WAIVE AND HOLD HARMLESS REALMASSIVE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any User Contribution before it is posted on the RealMassive Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Content Standards
11. Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any User Contributions violate your copyright, you may request removal of those materials (or access thereto) from the RealMassive Services by submitting written notification to our DMCA Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the RealMassive Services, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow RealMassive to locate that material; (iv) adequate information by which RealMassive can contact you (including your name, postal address, telephone number and, if available, e-mail address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (vi) a statement that the information in the written notice is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the RealMassive Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers. You may send DMCA Notices to our designated DMCA Agent: by mail, at 3736 Bee Cave Rd. #1-250, Austin, TX USA, Attn: Zach Watkins; or, by email, at [email protected] The telephone number for our designated DMCA Agent is (682) 587-9750, and our physical street address is 8501 N. Mopac Expressway, Suite 210, Austin, TX 78759.
12. Reliance on Information
The information available on or through the RealMassive Services is made available solely for general information purposes. We may update the information available on or through the RealMassive Services from time to time, but its content is not necessarily complete or up-to-date. Any of the information (including Content regarding any commercial real estate) available on or through the RealMassive Services may be out of date at any given time, and we are under no obligation to update such information.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) ALL INFORMATION PRESENTED ON OR THROUGH THE REALMASSIVE SERVICES (INCLUDING ANY CONTENT REGARDING ANY COMMERCIAL REAL ESTATE) IS PROVIDED ON “AS IS” BASIS WITH “ALL FAULTS”; (B) WE DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY, EFFECTIVENESS, USE, OR RESULTS OF USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE REALMASSIVE SERVICES, OR (II) THE BUSINESS, PRODUCTS, SERVICES, OR OTHER OFFERINGS OF ANY COMMERCIAL REAL ESTATE BROKER, AGENT OR OTHER PROFESSIONAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) ANY RELIANCE ON OR USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE REALMASSIVE SERVICES BY YOU IS DONE SO AT YOUR OWN RISK.
13. Links to and from the RealMassive Services and Social Media Features
You may link to our Site homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The RealMassive Services may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided. You understand and agree that by activating such social media features, certain information may be shared between the Site and the applicable social media site you have selected. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) WE ARE NOT RESPONSIBLE FOR (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF), (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, OR (IV) ANY LOSS OR DAMAGE THAT MAY ARISE FROM ANY OF THE FOREGOING; (B) WE DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF), OR (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR OWN RISK.
14. Information About You and Your Visits to the RealMassive Services
15. Geographic Restrictions
We (directly or through our third-party service providers) host or otherwise provide the Site and other online portions of the RealMassive Services in the United States of America, and the RealMassive Services are intended for use by, and directed to, users located in the United States of America. We make no claims that the RealMassive Services or any of its content is accessible or appropriate outside of the United States of America. Access to and use of the RealMassive Services may not be legal by certain persons or in certain countries. If you are a consumer accessing the RealMassive Services from the European Union or other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States of America, please be advised that (i) you do so on your own initiative and are responsible for compliance with local laws and (ii) you are transferring your personally identifiable information to the United States of America and you consent to that transfer.
16. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE REALMASSIVE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. ANYTHING TO THE CONTRARY NOTWITHSTANDING, WE (INCLUDING, FOR PURPOSES OF THIS SECTION, OUR AFFILIATES AND LICENSORS) DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE REALMASSIVE SERVICES, THE CONTENT, AND ANY OTHER PRODUCTS, SERVICES, OFFERINGS, INFORMATION OR ITEMS (INCLUDING ANY CONTENT REGARDONG COMMERCIAL REAL ESTATE) MADE AVAILABLE BY OR THROUGH THE USE OF THE REALMASSIVE SERVICES (COLLECTIVELY, THE “OFFERINGS”), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES REGARDING (I) THE OFFERINGS (INCLUDING THE USE OF OR THE RESULTS OF THE OFFERINGS) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, AVAILABILITY, SECURITY, COMPLIANCE WITH APPLICABLE LAWS OR OTHERWISE, OR (II) WHETHER THE OPERATION OF THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. THE OFFERINGS DO NOT CONSTITUTE, AND SHOULD NOT RELIED UPON FOR, AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. REALMASSIVE IS NOT IN THE BUSINESS OF RENDERING LEGAL, TAX, ACCOUNTING, REAL ESTATE BROKERAGE, OR OTHER PROFESSIONAL ADVICE, AND NEITHER REALMASSIVE NOR THE OFFERINGS SHOULD BE RELIED UPON AS SUCH. IF SUCH ADVICE OR EXPERT ASSISTANCE IS REQUIRED BY YOU, THEN YOU SHOULD SEEK THE SERVICES OF A COMPETENT LICENSED PROFESSIONAL. YOUR USE OF THE OFFERINGS IS DONE SO AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANYTHING TO THE CONTRARY NOTWITHSTANDING, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE REALMASSIVE SERVICES ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.
17. Limitation on Liability
19. Governing Law
20. Binding Arbitration and Class Action Waiver
We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Arbitrations will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The AAA’s Consumer Arbitration Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules, except as provided in this section. If you are an individual and your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone by you and/or RealMassive, unless the arbitrator requires otherwise.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to General Counsel: Arbitration Claim Manager, c/o RealMassive, Inc., 3736 Bee Cave Rd. #1-250, Austin, TX USA 78746. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.
Any and all proceedings (whether in arbitration or court) to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration you and RealMassive each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction. Anything to the contrary notwithstanding, you and RealMassive each agree that you or RealMassive may bring suit in any court of competent jurisdiction to enjoin any infringement or other misuse of intellectual property rights.
We will not be liable for any failure or delay in performance resulting from any event beyond our reasonable control, including due to fire, flood, action or decree of civil or military authority, insurrection, act of war, vandalism, terrorism, hackers, denial of service attacks, labor disputes or shortages, material shortages, power outages, failure of internet connections, failure of suppliers, or embargo.
23. Entire Agreement