Terms and Conditions
By accessing the Services, you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the Services, and you must not use them. We may immediately terminate these Terms, the Services, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes (as defined below) as further described in this paragraph and in Section 21.2 below. Any controversy, allegation, or claim that arises out of or relates to the Sites, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the foregoing arbitration provisions will remain in force.
For more information about specific offices, agents, properties, or franchising opportunity, please contact your local Realty One branch office or email@example.com. Once you contact an agent or request information about a specific property, you will be redirected to your local Realty One branch, and they will administer all sales of real property. While Realty One operates and controls the online Services mentioned here, with the exception of our offices in Arizona and Nevada, all Realty One branches are owned and operated by independent franchisees. Each branch is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the sale or purchase of real property, or relating to your membership as an agent. Opportunities to become an agent are directly with the Realty One branch and not Realty One Group Inc. This means that all agent onboarding decisions and related matters are administered by your local Realty One branch.
These Terms apply to the Services including any updates or supplements to the Services, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time and will notify you of a material change when you next access the Services (we may also email you about any material changes to these Terms). The new terms may be displayed on-screen and your continued use of the Services acts as acknowledgement and consent to these changes. The date these Terms were last updated appears at the bottom of these Terms.
You must be 18 years of age to use the Services.
Any real estate broker, salesperson, agent, or similar state licensed real estate professional who uses any of our Services for its customers must first enter into an agreement with Realty One or with one of our franchise owners, or affiliates. No person, including any licensed real estate professional, may market or make commercial use of the Services in any way, including without limitation advertising our property listings, copying our content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Sites. We reserve the right to deny or terminate access to any real estate professional who uses our Services in violation of these Terms.
From time-to-time we may issue updates to the Services. Depending on the update, you may not be able to use the Services until you have downloaded and installed the latest version of the Services, or hosting software, and accepted any new terms. Some updates may not be available to certain device models. In order to use the Services, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the Services will require certain software in order for the Services to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the Services has not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the Services meets your requirements, and (c) you are responsible for obtaining the data network access, and the required device necessary (including any associated costs or fees) to use the Services and any updates thereto. Realty One does not guarantee the Services will function on any particular network or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Access to the Services may be suspended temporarily or terminated and without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, (v) as otherwise explained in these Terms, or (vi) at our discretion.
PERMITTED USE AND RESTRICTIONS
Subject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicensable, non-exclusive, revocable, limited license (i.e. permission) to use the Services solely for your personal, non-commercial purposes. We reserve all other rights, which are not granted in these Terms.
In order to use one of the Sites (shop.realtyonegroup.com/site) or App, agents must register for and maintain an active personal user account (“Account”). You must be affiliated with Realty One, and at least 18 years of age to register for an Account. Unless otherwise permitted by Realty One in writing, you may possess only one Account.
Except as explained in these Terms or as permitted by any applicable local law, you shall not (and shall not permit any third-party to): (a) copy the Services except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up, (b) rent, lease, sub-license (i.e. grant anyone else the permission to use the Services), loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the Services (or any part of them), (c) nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, (d) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices, and (e) provide, sell, or otherwise make available the Services in whole or in part in any form to any person without our prior written consent.
You must not use (or permit a third-party to use) the Services: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system used by the Services, (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (iii) to collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services, (iv) via use of a robot, spider, or other automated device, to monitor or copy the Services or any information provided by the Services (e.g., you will not access our data through automated or high-volume means, you will not scrape, harvest, or otherwise copy our data except as permitted in these Terms), (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
Unless you are a Realty One agent, broker or franchisee, you agree not to contact the owner or seller of any property from information gained through the Services. You will not attempt to enter the property or speak with an owner or seller without an appointment set by Realty One.
As a seller, by using our Services, you authorize us to publish certain information on the Site regarding your real property for the purpose of attracting buyers and otherwise performing our Services.
SECURITY AND PASSWORDS
You are solely responsible for keeping your password and any other authentication information confidential, and agree to be responsible for all activities that occur under your Account or password. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the Services.
We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you choose to purchase goods from us, you agree that, with your authorization, we may charge your credit card, or other chosen payment method the amount selected by you, and you understand that, all payments must be in U.S. dollars. Realty One is not responsible for any transaction or currency exchange fees associated with your purchase. Realty One uses authorized third-parties for the purpose of processing your transactions, including fraud prevention, vendor direct shipping, and credit card authorization. By submitting your credit card to us, or bank account information to your lending institution, you grant us the right to store and process your information with such third-parties. You agree that Realty One will not be responsible for any failures of such third-parties to adequately protect your information. See also Third-Party Sites and Services below.
The products displayed on the Services can be ordered and delivered only to all account holders. All prices displayed on the Services are quoted in U.S. Dollars. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings on the Services, without notice, at any time.
Unless you are an authorized retailer, all products sold by or received from Realty One are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from Realty One. Realty One reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Realty One in its sole discretion.
To return unopened items, or if there is a problem with your order, you can view the policy here: https://shop.realtyonegroup.com/return-policy
YOUR PROMISES TO US
You promise to us that (a) you are authorized to agree to these Terms and you have not misrepresented yourself in any way, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list or prohibited or restricted parties, (d) you assume the risk of any information submitted by you, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.
FAIR HOUSING ACT
We comply with the Federal Fair Housing Act. This law generally prohibits stating, in any notice or ad for the sale or rental of a dwelling, a discriminatory preference based on any of the following protected categories: Race or Color, National Origin, Religion, Sex, Familial Status or Disability. The Fair Housing Act provides additional protections, and limited exceptions, that are explained in publications from the U.S. Department of Housing and Urban Development (“HUD”) and the Department of Justice. State and local laws may apply as well. We will block or remove any listings that we are notified of that we reasonably believe may violate these laws. All submissions and use of the Services are subject to the federal and California fair housing laws which make it illegal to indicate in any advertisement “any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, familial status (e.g. “No children” or “Not suitable for Children”), sexual orientation, ancestry, marital status, or source of income (e.g. “No Section 8” is prohibited). Your local jurisdiction may impose additional requirements. Complaints alleging discrimination in housing may be filed with the nearest office of the HUD, or by calling HUD’s toll free number, 1-800-669-9777 (voice), or 1-800-543-8294 (TDD).
Whenever you make use of a feature that allows you to upload or submit any content such as any text, photos, or other content via the Services (“User Content”), or to share any User Content with other users of the Services, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws and regulations, including any rules of a listing agency, (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, (j) is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and (k) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. Although we may not actively monitor User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate.
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (and our 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 (including, without limitation, third-party websites and feeds), and including after your termination of the Service. For the avoidance of doubt, you agree that you are not entitled to any compensation or reimbursement of any kind from us in connection with the User Content under any circumstances. You give us permission to show your username, profile picture, and information about you to or in connection with the Services, ads, offers, etc., without any compensation to you. For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the foregoing license of this Section 8 shall apply to the same. You also hereby do and shall grant each user of the Service a non-exclusive, perpetual license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of the Services. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us 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.
The Services may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Realty One, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Realty One. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties. We do not guarantee that any content you access on or through the Service is or will continue to be accurate.
COPYRIGHT INFRINGEMENT - DCMA NOTICE
Realty One complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the Sites you may contact our designated agent at the following address:
Realty One Group
Attn: DMCA Agent
23811 Aliso Creek Rd Ste 168
Laguna Niguel CA 92677
Any notice alleging that materials hosted by or distributed through the Sites infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Sites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Sites of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You can delete your Account at any time by emailing us as detailed below. You acknowledge that canceling your Account alone does not delete your information from our servers. Nevertheless, you acknowledge that you are solely responsible for saving or otherwise backing-up any data within the Services, and Realty One is not responsible for any loss of data. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services.
MOBILE MESSAGING TERMS AND CONDITIONS
By agreeing to these Terms, using the Services, or reaching out to us, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries or marketing materials.
If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
User Opt-In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting-into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By affirmatively opting into the Program, you provide Realty One with your express written consent, via e-signature, to deliver or cause to be delivered advertising and marketing mobile messages through an automatic telephone dialing system or an artificial or prerecorded voice at the phone number associated with your opt-in. You also understand your express written consent is not a direct or indirect condition of making any purchase from Realty One. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). Message and data rates may apply.
User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Realty One in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Realty One of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Realty One, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt-into the Program can expect to receive messages concerning the marketing and sale of products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Realty One.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Realty One’s control.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your device capabilities for specific text messaging instructions.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Services, whether registered or unregistered, including but not limited to rights in the “Realty One” name, graphics, logos, “look and feel,” trade dress, sequence, structure, organization, code, and all content in the Services and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Realty One, protected by United States and foreign intellectual property laws. You acknowledge that rights in the Services are licensed (not sold) to you, and that you have no rights in, or to, the Services other than limited license granted in Section 2 above. Any use of our intellectual property beyond the scope of this license is prohibited.
You also agree not to use any non-public technical, financial, or strategic information or other proprietary or confidential information relating to our business, operations and properties (collectively, “Confidential Information”), disclosed to you by Realty One for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any such Confidential Information to third-parties. You agree to take all reasonable measures to protect the secrecy of Confidential Information.
THIRD-PARTY SITES AND SERVICES
The Services may contain links to or allow you to share content directly with other third-party services (e.g., recruiter websites, social media etc.) (“Third-party Services”). You acknowledge that we have no control over Third-party Services and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in Third-party Services and we have no association with their operators. Your use of Third-party Services will be governed by their terms and conditions and privacy policies (if any) (“Third-party Terms”). It is your responsibility to read and comply with all Third-party Terms.
NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the Services (including products); (b) any content you submit to the Services; (c) your breach or violation of any of these Terms; or (d) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
WE PROVIDE THE SERVICES (INCLUDING PRODUCTS AND CONTENT) ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, UP-TO-DATE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the Services is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Services, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third-parties with respect to the Services and all information and content included on the Services.
Any listing on the Sites may be changed, updated, withdrawn, modified, sold or rented at any time without notice. Any furnishings or decorations shown are provided for illustrative purposes only. All square footage and dimensions, as well as commission estimates are approximate. Before you act on or rely on any information you have found on the Sites, you should independently confirm any facts that are important to your decision, with for example, an agent, or professional architect or engineer. The information contained on the Sites is not intended to be comprehensive, and may not be accurate, up-to-date or applicable to any particular case. We accept no liability for any such inaccuracies.
No information or advice obtained through the Services, or any affirmation by us, by words or actions, shall constitute a warranty.
We only provide the Services for personal and private use. You agree not to use the Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES (INCLUDING PRODUCTS AND CONTENT) OR YOUR INABILITY TO ACCESS OR USE THE SERVICES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICES OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF REALTY ONE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU RELY ON ANY INFORMATION AVAILABLE THROUGH THE SERVICES, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SUCH INFORMATION FROM THE SERVICES. Your sole remedy for dissatisfaction with the Services including, without limitation, content on the Services, is to stop using the Services. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Services or any links on the Services, as well as by reason of any information or advice received through or advertised in connection with the Services or any links on the Services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Services.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Services or under these Terms whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed the greater of: (i) One Hundred Dollars ($100), or (ii) the purchase price of the product from shop.realtyonegroup.com/site giving raise to the dispute. You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Services must be brought to us and must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, REALTY ONE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON REALTY ONE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
We may terminate these Terms, deactivate your Account, and/or your permission to use the Services immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Services, or (c) we are prevented from providing the Services for any reason.
Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the Services and/or your access to them at any time with or without notice to you: (i) if required by law, (ii) due to an event beyond our control, or (iii) as a result of changes or cancellations by any of our third-party providers.
On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Services), and (z) you acknowledge that we may restrict your access to the Services. Sections 8-13, and 16-23 will survive any termination or expiration of these Terms.
COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Realty One agree that, except as otherwise provided below, the state and federal courts located in the County of Orange, California will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the Sites and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Realty One shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction
Arbitration Procedures. You and Realty One agree that, except as provided in Section (d) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 21 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Realty One will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Realty One may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
Location. The arbitration will take place in Orange County, California unless the parties agree to video, phone or internet connection appearances.
Limitations. You and Realty One agree that any arbitration shall be limited to the Claim between Realty One and you individually. YOU AND REALTY ONE AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration. You and Realty One agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Excluded Dispute, (b) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use, and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
Severability. You and Realty One agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable then neither you nor Realty One will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Orange, California, and you and Realty One agree to submit to the personal jurisdiction of that court.
Third Party Software. The App may include software owned or provided by third-parties. If any such third-party software is indicated to be subject to the terms of a third-party software license separate from these Terms, then the terms of that third-party license will apply to such third-party software independent of these Terms. All other third-party software included in or with the App will be subject to the terms of this Agreement and may be used by you only under these Terms. Nothing in this Agreement is intended to limit your rights under, or to grant rights or impose restrictions that supersede, the terms of any open source software license applicable to any such third-party software.
The App Store. If the App is obtained through a third-party app store or other software distribution platform, the App is for use solely on a mobile device or computer owned or controlled by you that operates such third-party’s operating system. For the avoidance of doubt, no such third-party is a party to this Agreement. Your use of the App is also subject to any applicable third-party app store terms or the terms and conditions and privacy policies of such third-party and we are not a party to nor responsible for the same.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such provisions shall be enforced to the maximum extent permitted by law, and the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent. Such consent may be withheld in our sole discretion, and any purported assignment without such consent shall be null and void. We may assign these Terms to any party without notice thereof to you.
These Terms were last updated on December 13, 2021.
Realty One Group, Inc.
23811 Aliso Creek Rd. #168
Laguna Niguel, CA 92677
Contact email address: firstname.lastname@example.org