Agreement between user and Real Agent Websites LLC
1. Acceptance of Terms of Service
Real Agent Websites LLC (“RAW”), provides website creation service ("Service" or "Services") and hosting to its clients as a way for those clients to pursue the informational and commercial exchange the Internet affords. To protect the interests of all clients and to ensure optimal service levels, Real Agent Websites LLC (“RAW”), provides the following Terms of Service ("TOS") for clients as a guide to client rights and responsibilities when utilizing Services offered by Real Agent Websites LLC. Use of any Service offered by Real Agent Websites LLC by any client will constitute acknowledgment of and agreement to the TOS outlined in this document. Please read these terms carefully, and keep a copy of them for your reference. These Terms and Conditions of Use also apply to the Real Agent Websites LLC website located at www.realagentwebsites.com and all other sites linked to www.realagentwebsites.com. Real Agent Websites LLC may revise this TOS in part or in full at any time without notice to the client. If you, the client, do not agree to these TOS, do not use the Service.
All Services provided by Real Agent Websites LLC (“RAW”) may be used for lawful purposes only. RAW does not monitor, edit, censor, or take responsibility for client Content or communications from within the network controlled by Real Agent Websites LLC, except inasmuch to determine if violations of the TOS have occurred once a suspected violation has been brought to the attention of Real Agent Websites LLC. Therefore, clients are solely responsible for the Content and use of their Service as provided by RAW, and should ensure that such use falls within the guidelines of the TOS. RAW cannot and will not monitor, edit, censor, or otherwise interfere with information or Content clients may retrieve from sources outside the RAW network even when such information is made available to clients through the use of material deliverable to any website or Service maintained by RAW such as via email. Because of this, RAW will not be responsible for injury or liability to any client resulting from communications, which may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless RAW or any of its subsidiaries from claims resulting from the use of any provided Service that damages the client or any other party.
Also, all content including but not limited to text, APIs, graphics, photographs, trademarks, logos, sounds, artwork and computer codes and also the design, structure, selection, coordination, and arrangement of such content is owned by RAW, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws. Nothing herein shall be construed to grant you any right, title or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property.
You may use information on RAW’s products and services (such as data sheets, help center articles, and similar materials) purposely made available by RAW for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
3. Prohibited Activities
The following is a partial list of the kind of Content and activity that is prohibited on any website and through the use of the Services. RAW reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by the client, or to restrict, suspend, or terminate client's access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe client is in violation of this provision. RAW further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities:
Client agrees that you will not:
Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable
Harm minors in any way
Impersonate any person or entity, including, but not limited to, a RAW official, forum leader, guide or host, or falsely state or otherwise misrepresent any affiliation with a person or entity
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
Upload, post or otherwise transmit any Content that client does not have a right to transmit under any law or under contractual or fiduciary relationships
Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party
Upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam"
Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware
Misuse system resources with activities designed to cause harm to or monopolize the resources or capacity of any server or hardware component of the RAW network. This includes, but is not limited to, the use of programs that consume excessive CPU time
Intentionally or unintentionally violate any applicable local, state, national or international law
Offer for sale or sell any item, good or service that violates any applicable federal, state, or local law or regulation, or client does not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations
Solicit a third party's passwords or personal identifying information for unlawful or phishing purposes
Use a RAW website solely as a remote storage server and allow another website or hosting server to link to Content files stored on RAW’s servers
Upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context
Send unsolicited email (spam) from a RAW server or reference a domain hosted by RAW in any spam, whether originating from the RAW network or not, RAW maintains an excellent reputation as a zero-tolerance provider due to swift action on spam complaints. Complaints regarding spamming are investigated thoroughly by RAW. Should abuses be found, RAW reserves the right to immediately and without notice terminate the offending account and/or modify our services as a whole to ensure compliance with reasonable and acceptable email practices.
Post other agents or brokers listings without permission in direct violation of your MLS or Board of Realtors regulations. Please contact your MLS or Board of Realtors for specific rules and regulations in your area. Clients are solely responsible for the content and use of their service as provided by RAW including posting of any listing. Accounts that continually engage in violations of MLS and/or Board of Realtors listing regulations are subject to termination.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the site or to any of RAW's servers, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of RAW, including any RAW account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site.
Any activity not defined above but judged by RAW to be harmful to other clients or general operations of the network will be addressed on a case-by-case basis.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of RAW. Violation of any of these policies may result in tracking information being stored to identify the offending client, and permanent restriction from holding an account on the Service.
4. International Use
The Service is controlled, operated and administered by RAW from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the RAW content accessed through www.realagentwebsites.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
5. Cancellation Policy
Cancellation notices will be accepted via email or telephone only.
Please submit all requests for cancellation of website service to: email@example.com or call 888-888-8888.
If customer cancels within 30 days of order placement, no fees will be assessed by Provider. Cancelation by customer after 30 days will result in no refund of monthly service fees.
Your account will remain active until the next billing cycle ends.
There will be no refunds or credits of any fees or monies collected except as indicated above within 30 days of order placement.
Include the following information to help us process your cancellation correctly and better our services.
Your domain name
Phone number to contact you
Reason for cancellation
6. Reactivating a Canceled Account
To reactivate a canceled account please contact us by phone at 888-888-8888 or email at firstname.lastname@example.org and provide us with the canceled account number (found in your cancellation confirmation email) as well as updated billing information.
In the event of a RAW website account reactivation, user content will be saved for up to 3 months from the date of the initial cancellation.
7. Annual Subscriptions and Expiration Policy
We do not refund or credit accounts for services that have been canceled.
We will make every effort to resolve any issues. Contact email@example.com
8. Annual Subscription Renewal Process
RAW will notify annual subscribers by email approximately one month prior to the expiration of the term.
Instructions for renewing annual services will be clearly described in the notification.
In the event that we do not receive notification to renew for a full year subscription, billing will commence on a month-to-month basis at our current month-to-month pricing schedule.
9. Cancellation at the end of an annual subscription
Cancellation notices will only be accepted via email or telephone only.
Please submit all requests for cancellation of website service to firstname.lastname@example.org
All cancellations require a notice prior to the end of the one-year term.
As noted above, RAW will email notification approximately 30 days prior to the expiration of the term.
Unless requested otherwise, your site will remain active for the remainder of the month in which cancellation notification was received or until the end of the subscription term whichever is the later.
All fees paid for domain registration are non refundable, without exception. Accounts are payable in full at the time of account creation. Accounts for which payment by credit card is selected are subject to suspension if payment cannot be processed at the time of account creation. All accounts on monthly plans will be automatically charged at the first of every month. Any account reaching thirty days past due is subject to suspension for nonpayment. All invoicing and payments are automatic and recurring based on the contract length specified by the client at the time of account setup or by request after setup has been completed.
11. Domain Name Renewal
Domain names initially purchased through RAW will be automatically renewed for 1 year when expiring unless RAW is contacted at least 2 weeks prior to renewal with notification not to renew. Domain names are purchased through our registrar and are non-refundable.
12. Accounts, Passwords and Security
You are entirely responsible for maintaining the confidentiality of your RAW account information, including your password, and for any and all activity that occurs under your account. You agree to notify RAW immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. RAW cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to RAW may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
14. Links to Other Sites and to the RAW Site
This marketing websites and products may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under RAW’s control, and RAW is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
15. Service and Reporting
RAW reserves the right to refuse, cancel, or suspend Service at its sole discretion. All clients, direct or indirect via resold account and all sub networks and subsidiaries are subject to this TOS. Any violations of the TOS may be reported via email to email@example.com
16. Advertising Use
RAW may use client websites as samples in advertising and other promotions. Additionally, RAW may provide links to other approved vendors for which it may receive compensation as a result of traffic and/or transactions that ensue.
17. Domain Name Registration Limits of Liability
As a domain registrar, RAW is not required or authorized to police domain name registrations for copyright, trademark or other legal rights or restrictions. Responsibility for usage of any domain name is that of the client, not the registrar. Domain name charges are non-refundable.
18. Copyright Information
This document and all portions of the RAW website, including images, text, and scripts where ownership is not held by third parties are copyrighted by RAW. No portion of this website or the Content contained within may be reproduced in any form, or modified or otherwise altered for use by any party without the express permission of RAW. Nothing herein shall be construed to grant you any right, title or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property. Violations of the copyright held by RAW on any material from this website may be reported to: firstname.lastname@example.org
The client takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased. RAW shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the client or through the Service.
Client agrees to indemnify and RAW, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of client's Content, use of or connection to the Service, violation of these TOS, or violation of any rights of another.
You agree that RAW may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
22. Limitation of Liability
RAW WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
23. DISCLAIMER OF WARRANTIES
CLIENT'S USE OF THE WEBSITES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT CLIENTS SOLE RESPONSIBILITY AND RISK. THE WEBSITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAW AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
RAW AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE WEBSITES, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET CLIENTS REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, OR THE SERVER THAT MAKES THE WEBSITES, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAW MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE WEBSITES, OR CLIENT WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO CLIENT'S WEBSITE; OR (C) THE COMPATIBILITY OF CLIENT'S CODE OR ANY OTHER CODE WITH ANY RAW TECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT CLIENT'S OWN DISCRETION AND RISK AND CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT'S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM RAW OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE WEBSITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
RAW IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE WEBSITES, PLATFORM, APPLICATIONS OR WEBSITES.
24. Law and Arbitration
The laws of the State of Utah shall govern this agreement and TOS without giving effect to any principles that may provide the application of the law of another jurisdiction. Client agrees to submit to the personal jurisdiction of the state courts and federal courts located within the State of Utah for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this agreement and TOS shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, RAW may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
25. Void Where Prohibited
RAW administers and operates www.realagentwebsites.com Site from its location in Highland, Utah USA. Although this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. RAW reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
Real Agent Websites LLC (“RAW”) welcomes your feedback and questions on these terms.
Real Agent Websites LLC