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Welcome to the User Terms of Service for the website and any associated services. This is an agreement (“Agreement”) between Real Broker LLC or Real Brokerage Technologies Inc. or Real Broker NY LLC or Real Broker MA LLC or Real Broker CT LLC (Hereinafter “Broker”), the owner and operator of www.joinreal.com (the “Site”), any REAL services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service. Any data, text, photos, media, or other communications submitted by you shall be referred to as “Content” throughout this Agreement.
Throughout this Agreement, the words “REAL,” “us,” “we,” and “our,” refer to our company, Real Broker LLC/Real Brokerage Technologies Inc./Real Broker NY LLC/Real Broker MA LLC/Real Broker CT LLC and our Site or any Services, as is appropriate in the context of the use of the words.
By using our Site or any Services you agree to be bound by this Agreement, any additional agreements posted on the Site, and the Privacy Policy. We may amend this Agreement at any time and will notify you or place a note on this Agreement when we do so.
If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Service immediately.
In order to use our Service, you must meet a number of conditions, including but not limited to:
In order to provide you with access to our Site and Service, you may be required to create an account. We may collect personal information during the account creation process as disclosed by our Privacy Policy. Please keep your account username and password safe as you are solely responsible for your
account and any activity that occurs with your account. Please be aware that we reserve the right to refuse service to you or any other users. If you have any issues with your account or wish to cancel your account please contact us at support@joinreal.com.
If you wish to cancel your account, please contact us. After we have been notified of your desire to cancel your REAL account, we will verify that all transactions have been completed under your account. Once such verification has occurred you will receive a notification from us verifying that your account has been cancelled. Please be aware that once you initiate the cancellation process, your account may become immediately inaccessible.
REAL is a real estate broker and a platform that assists in connecting users looking to complete a property transaction (“Buyers”) with real estate agents or other real estate professionals (“Real Estate Agents”). As REAL is only a platform, we do not endorse or otherwise verify the reliability of any Real Estate Agents that is not affiliated with our brokerage. Users agree to assume all liability for the use of our Service and agree to hold REAL harmless for any losses arising from or relating to your use of our Service. No fiduciary relationship, agency, joint venture or partnership is created between any users of the Service and REAL. You agree that REAL is not a party to any contracts entered between you and any other third parties encountered through our Site and Service.
Modification of Service
We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
We make our Service available to you through our Site. When you use our Service, we grant you a, personal, non-exclusive, revocable, limited license to use our Service, access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that we feel may damage the rights of REAL or if your activities are in violation of any applicable laws. If you wish to terminate this license please simply stop using our Service or notify us and cancel your account.
When using our Service, you are responsible for your use of REAL, and for any use of REAL made using your account. Specifically, you agree that:
If you are discovered to be undertaking any of the aforementioned actions your privileges
to use our Service may at our discretion be terminated or suspended. We may also suspend or terminate your access to REAL if we feel that any of your activities through our Site or Service may harm the rights of REAL. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but REAL reserves the right to suspend or terminate any account at any time without notice or explanation.
When submitting any Content, please ensure that such Content is accurate. We are not required to host, display, or distribute any of your posts and we may refuse to accept or transmit any Content or delete your Content from JOINREAL at any time. You understand that when using the REAL Service you may be exposed to Content from a variety of sources, and that REAL is not responsible for the accuracy, validity, or usefulness of Content created by others. You agree that you are solely responsible for any Content submitted and that we cannot guarantee the absolute safety and security of any such information.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against REAL with respect thereto, and agree to indemnify and hold REAL, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
When you submit any Content to us, you grant REAL and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content and anything we may make with your Content through REAL or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote REAL. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our Service.
By submitting any Content to our Site and Service, you hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your post. Finally, you agree that your post does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
When submitting any Content to us, you understand that this Content may be viewable by the public or other users. It is recommended that Content that you submit to our Site and Service be tasteful and up to community standards. You agree that we at our sole discretion may remove any Content that we determine is not up to community standards.
REAL is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service. Our Site and Service is void where prohibited.
You may stop using the Site at any time. Real Broker, LLC and its other corporate entities (Real) may suspend or terminate the Site at any time at Real’s discretion and without notice. Real may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, Real may terminate your access to this Site if you are not complying with these Terms or if Real determines that you are a repeat infringer of third-party intellectual property rights.
Real Broker, LLC and its other corporate entities (Real) respects the intellectual property rights of others and expects our affiliated agents to do the same. Per the DMCA, Real will respond expeditiously to claims of copyright infringement on the Site if submitted to Real’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Real will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by Real or by a third party who has uploaded materials to the Site, please provide the following information to Real’s designated Copyright Agent listed below:
Real may request additional information before removing any allegedly infringing material. In the event Real removes the allegedly infringing materials, Real will immediately notify the person responsible for posting such materials that Real removed or disabled access to the materials.
Real may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
Real reserves the right to terminate, limit or suspend any user’s access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact Real’s Copyright Agent. Please include sufficient information to assist Real in determining that the user repeatedly engaged in infringing activity.
Real registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Real’s designated Copyright Agent is:
Ron Dunagan Real Broker, LLC
27 West 24th St., Ste 407
New York, New York 10010
512-777-9581
646-859-2368
ron@therealbrokerage.com
The design of the REAL Service along with the REAL name and logo, the REAL scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to REAL, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. REAL reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission for you to do so.
License Status Notification
As a Real Estate Agent using our Site and Service, you agree to notify us immediately of any changes in the status of any real estate licenses held by you. Additionally, you will notify us of any pending actions that may affect the status of any real estate licenses. Failure of a Real Estate Agent to notify REAL may result in suspension or termination of the Service and/or legal action.
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Although we aim to provide you with accurate data and content through our Site and Service, please be aware that our Service and any information found within it are offered “as-is.” Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone for any reason.
You agree that any information listed by us or a third party on our Site and Service may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service will give you any desired results. We do not endorse, represent, warrant, or otherwise verify any third parties who use our Service or post Content on our Site. We assume no responsibility for the accuracy or completeness of any information listed on our Site. You assume all responsibility for any such information listed on our Site. You agree to release us from any liability that we may have to in relation to your use of our Site and Service.
You agree that it is your responsibility to verify any credentials of any third parties you may encounter through our Site and Service. You agree that we are not responsible for verifying the licensing of any Real Estate Agents and that you are solely responsible for such verification.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER REAL NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) ANY SERVICES OFFERED THROUGH THE REAL SERVICE; (C) OUR CONTENT AND ANY USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO REAL OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
REAL DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. REAL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. REAL DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF REAL’S SERVICES WILL RESULT IN THE IDENTIFICATION OF A REAL ESTATE AGENT WHO WILL BE ABLE TO SUCCESSFULLY CONCLUDE YOUR DESIRED REAL ESTATE TRANSACTION, OR THAT ANY REAL ESTATE SALES OR LEASE AGREEMENT THAT YOU CONTEMPLATE OR ENTER INTO, WITH OR WITHOUT THE ASSISTANCE OF A REAL ESTATE AGNET, WILL BE CLOSED OR BE CONSUMMATED, OR WILL OCCUR WITHOUT RISK TO YOU. WE RELY ON VARIOUS SOURCES OF INFORMATION IN IDENTIFYING THE REAL ESTATE AGENTS FOUND ON REAL, BUT DO NOT VERIFY THE ACCURACY OF SUCH INFORMATION. OUR REFERENCE TO OR SUGGESTION THAT YOU ENGAGE ANY REAL ESTATE AGENT THROUGH THE SERVICES OR OTHERWISE DOES NOT MEAN OR IMPLY THAT REAL IS ASSUMING ANY RESPONSIBILITY FOR THE ACTUAL SERVICES RENDERED TO YOU BY ANY REAL ESTATE AGENT OR OUR SPONSORSHIP OF, OR AFFILIATION WITH ANY SUCH REAL ESTATE AGENT. REAL DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND REAL SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. REAL DOES NOT ENDORSE ANY CONTENT OR PRODUCTS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT OR PRODUCTS FOUND ON OR THROUGH REAL. IN THE EVENT OF ANY ISSUE OR PROBLEM WITH THE SERVICES FOUND THROUGH THIS REAL, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT.
IN NO EVENT SHALL REAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES DUE TO ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION OR PRODUCTS LISTED AND SOLD ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. REAL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR SITE AND SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE MAY BE FOUND LIABLE TO YOU FOR ANY ISSUES REGARDING OUR SITE AND SERVICE, YOU AGREE OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED $100 USD OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
You and REAL agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree to defend, indemnify and hold harmless REAL, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the REAL Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the state of Texas. The offer and acceptance of this contract is deemed to have occurred in Texas.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Houston, TX.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, REAL shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and REAL.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
REAL or its users may post links to third party websites on its Site, which may include information that we have no control over. Whether you access third party websites through a link on our Site, or as a consequence of using our Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites. Furthermore, REAL does not endorse, verify, or otherwise ensure the accuracy of any information posted or linked through third party websites including any services or products sold by such third parties.
If we determine that any of your actions may harm REAL, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in the Agreement or any of the rights or obligations of the parties to these Terms of Service.
The communications between you and REAL use electronic means, whether you visit the Site or Service or send REAL e-mails, or whether REAL posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from REAL in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that REAL provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. By submitting your contact information to us, you consent to being contacted by email, text message, or phone to receive updates and company information and related marketing. We will user your personal information in accordance with our Privacy Policy, if you have any questions or wish to stop receiving communications from us, please contact us at support@findmeagents.com. The foregoing does not affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about REAL must be sent to our agent for notice to: support@joinreal.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: March, 2021
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