Terms of service (also known as terms of use and terms and conditions) are the legal agreements between a service provider and a person who wants to use that service. The person must agree to abide by the terms of service in order to use the offered service.
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This Terms of Service (the “Terms”) is a binding agreement between you (“End User” or “you”) and Realty Base, Inc. (“Realty Base”). These Terms govern your use of the Realty Base mobile application (“App”), the use of the website at www.realtybase.com (“Site”), and the home buying and selling services available through the App and Site (together with the App and Site, the “Services”). The use of the Services is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON,BY DOWNLOADING THE APP OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE REALTY BASE INC. PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APP AND CEASE USE OF THE SERVICES.
Realty Base fully supports the Fair Housing Act. As such, Realty Base does not engage in business practices that discriminate against persons because of race, color, religion, national origin, sex, familial status, or handicap.
Realty Base grants you a limited, non-exclusive, and nontransferable license to download, install, access, and use the App and/or access and use the Site for your personal, non-commercial use on devices owned or otherwise controlled by you (“Device(s)”) and to use the Services strictly in accordance with these Terms.
Realty Base may, at its sole discretion, change these Terms, including the Realty Base. Privacy Policy, from time to time. If changes occur, we will notify you by posting the updates on the Services. Updated versions will never apply retroactively and will give the exact date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.
Additionally, Realty Base reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that Realty Base shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to your existing third-party software on your device in order to continue to use the Services. Realty Base may also impose limits on certain features and services, restrict your access to parts or all of the Services, suspend or terminate users, and revoke usernames without notice or liability.
You consent to accept and receive communications from us, including e-mail, text messages, and push notifications to any devices you link your account to. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you, and you are responsible for any charges from your carrier for text messages sent from us. Through the Services, you can control most of the communications sent to you. You may opt-out of receiving communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services. You acknowledge that opting out of receiving communications may impact your use of the Services.
You may view basic content on the Services without registering for an account, but as a condition of using certain aspects of the Services you are required to create a Realty Base account (an “Account”). You represent that the information in your Account and any other information you otherwise provide to us, is accurate, current, and complete information, and agree to update it and keep it accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/mobile device, and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your account. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to Realty Base immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. Realty Base cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Realty Base, and the Services, may assist you in performing the various tasks in a real estate transaction. However, unless explicitly specified by the real estate transaction (each a “transaction”), THE SERVICES ARE NOT INTENDED TO provide you with any financial, real estate, or related advice of any kind or be considered a transaction. Realty Base provides real estate advertising services to people (not businesses) who want to buy or sell their own home. To help make the advertisements relevant and useful to you, the Realty Base may serve advertisements based on the information we collect through the Services.
You may be required to pay fees to access certain features or process transactions on the Services. All fees are in U.S. dollars and are non-refundable. If you do not accept the changes, we may discontinue providing the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service.
We offer a platform that enables users to publish, offer, search for, and purchase real estate. While we work hard to ensure our users have great experiences using our Services, we do not and cannot control the conduct of our users. Unfortunately, some people will use Services like Realty Base to run scams on users. We ask that our users be cognizant of the risk so that they recognize and avoid fraud. You acknowledge that Realty Base has the right, but does not have any obligation, to monitor the use of the Services and verify information provided by our users. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Services (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Content. You, as a user, agree to cooperate with and assist Realty Base in good faith, and to provide Realty Base with such information and take such actions as may be reasonably requested with respect to any investigation undertaken by Realty Base regarding the use or abuse of the Services.
When using the Services, you shall not:
If for any reason, Realty Base determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
You acknowledge and agree that the Services, including the App and Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the App, Site, and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Realty Base and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the Services, App, and Site including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Through the Services, or via other users, Realty Base may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”).
You retain your rights to any Content you submit, post or display on or through the Services (“User Content”). By submitting, posting or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, perpetual, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods now known or later developed. This license authorizes us to make User Content available to the rest of the world and to let others do the same.
To the extent that you decide to post any User Content, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Realty Base all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not Realty Base, have full responsibility for the User Content, including its legality, reliability, appropriateness, originality, and copyright. Realty Base may refuse to accept or transmit User Content. Additionally, Realty Base shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
You acknowledge that when you download, install, access, or use the App and Site, Realty Base may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App, use the Site. All information we collect through or in connection with these Terms is subject to the Realty Base Inc. Privacy Policy. By downloading, installing, using, and providing information to or through the App and by using the Site, you consent to all actions taken by us with respect to your information in compliance with the Realty Base Inc. Privacy Policy.
The Content and Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
Realty Base may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the App and Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Realty Base has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either the App will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates. You acknowledge and agree that the App or portions thereof may not properly operate should you fail to download Upgrades. You further agree that all Updates will be deemed part of the App and or Site and be subject to all terms and conditions of these Terms.
The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Realty Base is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Realty Base does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
The term of this agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Realty Base as set forth in this section. You may cancel your account at any time through your account settings. We may suspend or cancel your account without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your account should be removed due to unlawful conduct, your account should be removed due to inactivity; or our provision of the Services to you is no longer commercially viable. If your account is cancelled, Realty Base reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you, subject to the account balance provisions below.
Upon termination of your account. your license to use Realty Base’s Services terminates. These Terms survive termination. You acknowledge and understand that our rights regarding any User Content you submitted to the website before your account was terminated shall survive termination.
WE DO NOT WARRANT ANY USER CONTENT OR POSTING PRESENTED BY OTHER USERS NOR DO WE WARRANT THAT ANY VERIFICATION CHECKS CONDUCTED ON LISTINGS OR USERS (IF ANY) WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT.
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REALTY BASE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, REALTY BASE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL REALTY BASE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR FIVE HUNDRED U.S. DOLLARS ($500.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, REALTY BASE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Realty Base and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
These Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Harris County.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Terms and our Privacy Policy constitute the entire agreement between you and Realty Base with respect to the App and Site; supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App and Site.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.
You acknowledge and agree that (i) these Terms are binding between you and Realty Base only, and Apple is not a party hereto, and (ii) as between Realty Base and Apple, it is Realty Base that is responsible for the App and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the App must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the App.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the App to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and Realty Base, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Realty Base’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Realty Base’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
In addition to the other terms set forth herein, the provisions of this section also apply to you if you obtained the Services from the Google Play Store. These additional terms should not be read to limit any other provision of these Terms and should not be interpreted to affect the meaning of any other provision of these Terms. You acknowledge that these Terms are between you and us only, not with Google, and Google is not responsible for the Services. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Google and Google may refund any applicable purchase price for the Services to you; but, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Services. Google is not responsible for addressing any claim by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any product liability claim; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, privacy, or similar legislation. Google is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services and/or your possession and use of the Services infringes any third party’s intellectual property rights. You may access and use the Services only on an Android device that you own or control and as permitted by the usage rules set forth in the Google Play Store Terms of Service. You agree to comply with all applicable third-party terms when using the Services. Google and Google’s subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereunder.
If you have any questions regarding these Terms please contact us at support@realtybase.com.
