Last modified: November 7, 2023
Our Services, including the Website, are offered to and intended for users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Services, you represent that you are 18 years of age or older and meet all of the foregoing eligibility requirements to use the Services. If you do not meet all of these requirements, you must not access or use the Services.
Unless otherwise indicated, the following capitalizes terms have the following meaning:
Account – means individualized panel serving the User to exploit the Service and/or the Website.
Agreement – means a subscription agreement that may be concluded between User and the Company, that specifies the scope and the price for using the Service.
API – means REAL-E application programming interface to be integrated with the User’s software.
Content – means the contents such as texts, pictures and other, which the Guest, or the User publishes, presents or sends on the Website or with the use of Service.
Device – means devices such as a computer, telephone, smartphone, tablet or other electronic equipment which allows browsing web pages.
Guest – means an entity browsing the Website.
Intellectual Property – means any designations, inventions, utility models, industrial designs, works and other externalized expressions of creative activity that are the subject of exclusive rights of the Company.
License – means a non-exclusive right to personal use of the API and/or the Widget.
Link – means hyperlink referring to the Other Website.
Mobile Device – means a portable device such as a telephone, smartphone, tablet or other electronic equipment which operates the Website and/or the Service.
Notification – means message sent to the User as part of the Service.
Other Websites – means websites other than the Website.
Password – means the User’s anonymized verification tool which enables the access to the Account and is the sequence of signs by using the keyboard of the computer or Mobile Device, which also allows entering text messages in the amount and configuration invented by the User however containing at least 8 signs.
Service – means together the Website, Widget and/or the API (depending on the scope dedicated to a given User pursuant to the Agreement).
Terms – means these terms of service available under the following address: https://www.reale.ai/terms.
User – means an individual or entity who owns the Account.
Website – means web pages located at reale.ai.
Widget – means a REAL-E widget that may be implemented to the User’s website.
Above mentioned definitions retain their meaning regardless of whether they are expressed in the singular or the plural.
3. General Rules
Using the Service means full acceptance of the Terms. The Terms apply to relations between the Company and the Guest or the User only. If the Service and/or the Website introduces the possibility of providing services by other entities, they will be provided on the basis of regulations shared by these entities and only these entities will be responsible for the execution of the services, except the content of the Terms clearly and unambiguously indicates otherwise. Each entity using the Service and/or the Website is obliged to use it in accordance with its destiny resulting from the Terms. Using the Website is permissible provided that the Device meets jointly the following minimum technical requirements:
- has access to the Internet,
- allows the start-up of the one from following internet browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge,
- the internet browser version used cannot be older than one year,
It is recommended to install anti-virus software on the Device or on the Mobile Device.
Account set-up is possible through the Website. Account set-up requires registering by providing an email and Password. When you create an Account you should provide us with accurate, complete, and current information at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website and Service. You are responsible for maintaining the confidentiality of your Account and Password, including but not limited to the restriction of access to your Device or Mobile Device and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or Password, whether your Password is with our Website and Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
By creating an Account, you can agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
6. Contests, Sweepstakes and Promotions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your Account or by contacting Company’s customer support team at firstname.lastname@example.org. A valid payment method, including credit or debit card, Apple Pay or Google Pay, is required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information including (i) full name, (ii) email address, (iii) billing address, (iv) business’s legal entity name, (v) a valid payment method information. By submitting such payment information, you automatically authorize Company to charge all Subscription fees incurred through your Account to any such payment instruments. Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
- Fee Changes
The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service and Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible, in particular to your customers, for Content that you post on or through Service including its legality, reliability, and appropriateness. By posting Content on or through Service or Website, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of any User found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through Service or Website and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service.
11. Use of Service for Generative Artificial Intelligence
- Your Use of the Services
You acknowledge and agree to the following:
- You will review all content generated by the Services for accuracy, completeness and compliance with the law;
- You will proofread and edit all content generated in full or in part by the Services;
- You will not input sensitive personal information of others, including but not limited to, driver’s license numbers, social security numbers, passport numbers, demographic information, bank account information, credit card information, biometric data, health data, and other login information, into the Services;
- You will not input personal information of children under age 18 into the Services;
- You will not input any copyrighted materials, trademarks, trade names, logos, and/or other intellectual property into the Services that you do not legally own;
- You will not input any confidential, proprietary or privileged information of RealE into the Services;
- You will not input protected class or demographic information into the Services;
- You will not input anything inappropriate, harmful, derogatory or illegal into the Services, or create any content that includes the same;
- You will not input anything immoral, lewd, or otherwise harmful content into the Services;
- You will not use the Services to create contract provisions or other legal documents;
- You will not use the Services to advise on topics outside the scope of real estate, including legal, accounting, or financial advice;
- You will comply with all applicable law in connection with your use of the Services including but not limited to fair housing laws, real estate licensing law and MLS rules;
- You will comply with the Usage Policy of OpenAI and any other subsequent large language model provider used by RealE, and other use restrictions related to third party service providers that RealE is contractually engaged with that may later be incorporated into these Terms; and
- You will not rely on the Services for any reason. You are solely responsible for all information that is produced by your use of the Services.
- Personal Information
To the extent you add PI of others into the Services, you represent that you have obtained the direct consent of each individual to share that individual’s PI with RealE and third parties. You understand and agree that you are prohibited from adding PI of any individual into the Services without obtaining direct consent from the individual whose PI you input into the Services. You agree to indemnify, defend, and hold RealE harmless for any costs, damages, losses, liabilities, claims, causes of action, judgments, and reasonable attorneys’ fees incurred by RealE as a result of your Inputs that violate the requirements of this Section 1. For the purpose of this document, PI includes any data point (i.e. personal email, phone number, date of birth, etc.) that can be used to identify an individual. PI does not include information that has already been made public. As noted above in Section 1, you are not allowed to input any sensitive personal information of others into the Services (e.g., social security numbers, financial information, health information, etc.).
- Input (Content you provide to the Services)
What is Input? All text, data, information, media, and content added, created, uploaded, submitted, distributed, or posted in connection with the Services or otherwise provided by users (collectively “Input”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Input. You represent that all Input provided by you is accurate, complete, up-to-date, and does not violate any applicable laws, rules, and regulations. Input Standards. The following standards apply to any and all Input. You must ensure that all Input posted by you complies with all applicable laws and regulations. Without limiting the foregoing, you must not insert Input that that violates the law or is otherwise harmful, including but not limited to:
- Input that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy);
- Input you know is false, misleading, untruthful, or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred, or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion;
- Input that constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (i.e. spamming);
- Input that contains viruses, malicious code, or any other disabling computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
- Input that impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information;
- Input that violates the rights of others (including, without limitation, the rights of publicity and privacy and rights under a contract), or
- Input that otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations. Input License Grant. By submitting Input through the Services, you hereby do and shall grant RealE and its affiliates a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, share, prepare derivative works of, display, perform, and otherwise fully exploit the Input in connection with the Services and our (including successors’ and assigns’) businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, and including after your termination of your account or the Services. For clarity, the foregoing license granted to RealE and its affiliates do not affect your other ownership or license rights in your Input, including the right to grant additional licenses to your Input, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to RealE and its affiliates without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- Output (Content Produced by the Services)
What is Output? For purposes of these Terms, the term “Output” includes all content, without limitation, information, data, text, photographs, videos, virtual tours, audio clips, written posts, reviews, feedback, comments, market reports, marketing content, communications, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
License Grant. RealE grants you a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services and access, download, and display locally, all Output therein for your commercial purposes in connection with your affiliation at RealE for real estate operations. Any reproduction, modification, distribution, storage, or other use of the Services, or any Output therein for any other purpose, is expressly prohibited without prior written permission from RealE. You shall not sell, license, rent, share, publish, or otherwise use or exploit any Output outside the Services for personal or commercial use, in connection with the provision of services to a third party, or in any way that violates any third party right or these Terms. Without limiting the foregoing, if you are not a RealE real estate broker, salesperson, agent, or similar state real estate professional licensed with RealE you may not market or make commercial use of the Output in any way absent written consent from RealE.
Availability of Output and/or Content. Input, together with the “Output” (as defined above) is defined as the “Content.” RealE does not guarantee that any Output will be made available through the Services. RealE reserves the right, but not the obligation, to (i) remove, edit, or modify any Content in its sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if RealE is concerned that you may have violated these Terms), or for no reason at all, and (ii) remove or block any Content from the Services.
- Third Party Vendor Licenses
RealE has procured licenses with several third party service providers to facilitate the Services. You understand and agree that your right to use the Services is subject to RealE’scontractual engagements and paid licenses with any third party service providers, including but not limited to, OpenAI. You understand and agree that in the event RealE terminates its contractual engagements with third party service providers and no longer has a license to provide the Services, you are no longer entitled to using the Services for certain functionalities and are barred from bringing any claims for non-performance against RealE.
- Availability and Nature of Services
You acknowledge and agree that: (i) the Services may not operate properly or be fully functional; (ii) the Services may contain errors, design flaws or other problems; (iii) the information obtained using the Services may not be accurate and may not accurately correspond to information extracted from any database or other source; and (iv) the Services may produce unexpected results.
The method of delivery of the Services is in RealE’s sole discretion and may be abandoned at any time without any obligation or liability to you. The Services shall in all cases be subject to these Terms and RealE’sinternal policies, procedures and guidelines. If RealE determines that your usage does not follow these policies, RealE reserves the right to suspend your access to the Services.
- Intellectual Property Rights
You acknowledge and agree that the Services and the Output, features, and functionality (including, without limitation, all content, information, data, items, materials, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by RealE, our licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws.
No right, title, or interest in or to the Services or any Output provided in connection with the Services is transferred or otherwise granted to you under these Terms. All right, title, or interest in or to the Services and the Output provided in connection with the Services (other than user contributions posted by you) are reserved by RealE. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, or other laws.
The names, logos, product and service names, designs, slogans, and other trademarks associated with the Services are ours and those of our licensors. You must not use any of the foregoing without the prior written permission of RealE. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Services are the trademarks of their respective owners.
12. Prohibited Uses
You may use Service or Website only for lawful purposes and in accordance with Terms. You agree not to use Service or Website:
- in any way that violates any applicable national or international law or regulation,
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise,
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation,
- to impersonate or attempt to impersonate Company, a Company employee, another User, or any other person or entity,
- in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity,
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service or Website, or which, as determined by us, may harm or offend Company or Users of Service or Website or expose them to liability.
Additionally, you agree not to:
- use Service and Website in any manner that could disable, overburden, damage, or impair Service or Website or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service or Website,
- use any robot, spider, or other automatic device, process, or means to access Service or Website for any purpose, including monitoring or copying any of the material on Service or Website,
- use any manual process to monitor or copy any of the material on Service or Website or for any other unauthorized purpose without our prior written consent,
- use any device, software, or routine that interferes with the proper working of Service or Website,
- introduce any viruses, trojan horses, worms, logic bombs, or other material, which is malicious or technologically harmful,
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service or Website, the server on which Service or Website is stored, or any server, computer, or database connected to Service or Website,
- attack Service or Website via a denial-of-service attack or a distributed denial-of-service attack,
- take any action that may damage or falsify Company rating,
- otherwise attempt to interfere with the proper working of Service or Website.
We may use third-party service providers to monitor and analyze the use of our Service and Website.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service and Website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en. We also encourage you to review Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
14. Intellectual Property
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, 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.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from the Services, including the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. If you wish to make any use of material on the Services or Website other than that set out in this section, please address your request to: email@example.com.
15. Copyright Policy
All notices of copyright infringement claims should be sent to Company’s Copyright Agent by email to firstname.lastname@example.org or by mail to Reale AI, LLC,, c/o Copyright Agent, 1089 Summit Lane, Mountainside, NJ 07092.
Please include the following information in your correspondence to the Copyright Agent:
- Your name, email address, mailing address, and telephone number.
- A description of the copyrighted work or works that you claim has been infringed with enough information to allow us to locate the material.
- A description of why you think an infringement has taken place.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you declare under penalty of perjury that the information in your dispute is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf, accompanied by an electronic or physical signature.
- Error Reporting and Feedback
The Company tries – to the best of its ability – to support the Guests and Users in solving their problems related to functioning of the Service, as well as undertaking actions to improve the quality of the Service’s functioning and the provision of the Service based on the comments submitted by these entities.
You may contact us directly at email@example.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
17. Links to Other Websites
Our Service and/or Website may contain links to Other Websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Other Websites. We do not warrant the offerings of any of these entities/individuals or Other Websites. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY 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 OTHER WEBSITES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY OTHER WEBSITES THAT YOU VISIT.
18. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website, or from any of our other Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. YOU USE THE SERVICES, INCLUDING THE WEBSITE, AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR FROM US OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, INCLUDING THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE SERVICES, WEBSITE OR ANY CONTENT IS TO STOP USING THE SERVICES, WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT YOUR USE OF OR RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE SERVICES OR WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. Governing Law and Jurisdiction
22. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
BY USING THE SERVICES, INCLUDING THE WEBSITE, YOU AGREE AND CONSENT TO SUBMIT ANY SUCH CLAIM, DISPUTE, OR CONTROVERSY OF ANY KIND TO BINDING ARBITRATION, UNLESS OTHERWISE CONSENTED TO IN WRITING BY COMPANY. ALL SUCH DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ON A CONFIDENTIAL BASIS IN ACCORDANCE WITH THEIR PROVISIONS ON CONSUMER ARBITRATION RULES (ACCESSIBLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879).
Waiver of Class and Collective Actions. You further agree that any arbitration conducted pursuant to the Arbitration Agreement shall be conducted on an individual basis only and not as a class, collective, or representative action. YOU EXPRESSLY WAIVE YOUR RIGHT TO FILE A CLASS OR COLLECTIVE ACTION OR SEEK RELIEF ON A CLASS OR COLLECTIVE BASIS. If any court or arbitrator determines that this waiver of class or collective actions is invalid or unenforceable for any reason, such determination shall not impact the validity or enforceability of any other provision of the Arbitration Agreement and this waiver of class or collective actions shall be modified so it becomes valid and enforceable unless it must be excised as a matter of law.
23. Waiver and Severability
24. Entire Agreement
25. Service breaks
The Company does not guarantee the permanent accessibility of the Service or the Website. The Company reserves the right to introduce a break in the operation of the Website or the Service or their certain functionalities. If there is an intention to implement a break, the Company will notify about it by posting relevant information or a message on the Website or via the email provided when setting-up the Account at least 3 days before the date of planned break. In the event of unintended breaks in the operation of the Website or the Service or their certain functionalities, the Company will immediately notify about it by posting a relevant information or message on the Website or via the email provided when setting-up the Account. Acceptance of the Regulations means also giving an approval for the Services being not 100% reliable.
26. Personal Data Protection and Security
We may terminate or suspend your Account and ban access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your Account, you may simply discontinue using Service. All provisions of Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
28. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service. In case of any discrepancies between these Terms and the Agreement (if concluded), the provisions of the Agreement shall be applicable. The aforementioned sentence refers also to the amendments of these Terms introduced in the Agreement.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
30. Contact Us
Any time you wish to contact the Company, please send email at: firstname.lastname@example.org.