END USER LICENSE AGREEMENT FOR REIVAULT PROGRAM AND SALESTEAMLIVE.COM REAL ESTATE CONSOLE APPLICATION SERVICE AND RELATED SERVICES AND SUPPORT IMPORTANT! PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CLICKING ON THE “I ACCEPT” AND THE “SUBMIT SIGNATURE” BUTTON. THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL, HEREAFTER REFERRED TO AS “YOU”) AND REALESTATEINVESTOR.COM, LLC, (FORMERLY SALESTEAMLIVE, LLC) D/B/A REIVAULT.COM, D/B/A SALESTEAMLIVE.COM (“REIVAULT”) FOR USE OF THE REIVAULT PLATFORM, SERVICES AND SALESTEAMLIVE REAL ESTATE CONSOLE APPLICATION SERVICE, WHICH INCLUDES ACCESSING COMPUTER SOFTWARE AND ASSOCIATED MEDIA, MATERIALS, AND “ONLINE” OR ELECTRONIC DOCUMENTATION AND PROCESSES (“SERVICE”). BY CLICKING THE “I ACCEPT” BUTTON AND “SUBMIT SIGNATURE” BUTTON DISPLAYED BELOW, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS EULA. THIS EULA WILL GOVERN YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK ON THE “I ACCEPT” AND “SUBMIT SIGNATURE” BUTTON AND DO NOT ATTEMPT TO ACCESS THE SERVICE. YOU AGREE THAT YOUR ACCESS OF AND/OR USE OF THE SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.
1.1 “Application Form” means the form that You submitted to become a member and subscriber to the Service.
1.2 “FastTrack Startup Questionnaire” means the Webform supplied by REIVAULT to You which requires You to provide detailed information concerning Your marketing strategy, monthly budget, and related information, which FastTrack Startup Questionnaire should be submitted to REIVAULT as soon as possible.
1.3 “Sales & Marketing Plan” mean the initial document provided to You by REIVAULT from Your submission of the FastTrack Startup Questionnaire which details the specific marketing campaigns which you are requesting REIVAULT to fully handle and manage on your behalf with full authorization and authority.
1.4 “Change Fee” means the fee to be charged to You by REIVAULT for any changes, amendments or modifications to Your FastTrack Startup Questionnaire or Your Sales & Marketing Plan made following submission of the FastTrack Startup Questionnaire and after the campaigns have launched, which Change Fee shall be charged to You at REIVAULT’s then-current standard pricing.
1.5 “Content” means the audio and visual information (including, but not limited to any images, photos, animations, videos, music, tones and applets), documents, software, marketing collateral, products and services contained or made available to You in the course of using the Service.
1.6 “Effective Date” means the earlier of the date: (a) this EULA is accepted by You by clicking on the “I Accept” button presented on the screen after this EULA is displayed, (b) or the date You begin using the Service, or (c) the date upon which You submit the Application Form.
1.7 “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, business processes and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
1.8 “REIVAULT Technology” means all of REIVAULT’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to You by REIVAULT in providing the Service.
1.9 “Your Data” means any data, information or material provided or submitted by You to the Service in the course of using the Service. Examples of Your Data could be property data, property addresses and property owners.
2.0 Membership and Subscription Term; Obligations. This EULA commences on the Effective Date. After You have clicked on the “I Accept” and “SUBMIT SIGNATURE” button. Your monthly membership and subscription will commence upon your Effective Date. Your monthly membership and subscription fee will be charged to Your account based upon the program You purchased. Some programs will charge your account within 30 days, others may charge Your account immediately upon Your Effective Date, and others will charge Your account upon Submission of your FastTrack Startup Questionnaire. Please refer to Your Order Receipt to determine when Your monthly membership and subscription fee will be charged. Your membership and subscription will remain in effect and will automatically renew each month until we receive written notice from you to change Your account status. Any changes, amendments or modifications to Your FastTrack Startup Questionnaire or Your Sales & Marketing Plan made following the First Launch date of any of your campaigns or services from the FastTrack Startup Questionnaire may be subject to a Change Fee.
3.0 Modifications, Privacy, Security and Marketing Communications.
3.3 When You first log in, You may be asked whether or not You wish to receive marketing and other non-critical Service-related communications from REIVAULT from time to time. You may opt out of receiving such communications at that time or at any subsequent time by unsubscribing to email notification or by sending an e-mail to firstname.lastname@example.org. Note that because the Service is a hosted, online application, REIVAULT occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. You agree that REIVAULT can disclose the fact that You are a customer and the components of the Service that You are using.
4.0 License Grant & Restrictions.
4.1 Subject to the terms and conditions herein, REIVAULT hereby grants You a limited, non-exclusive, non-transferable, right to access and use the Service, solely for Your own internal business purposes. The Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. There are no implied licenses. All rights not expressly granted to You are reserved by REIVAULT and its licensors.
4.2 You shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (b) modify or make derivative works based upon the Service or the Content; (c) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Service in order to: (i) build a competitive product or service; (ii) build a product or service using similar ideas, features, functions or graphics of the Service; or (iii) copy any Content or any ideas, features, functions or graphics of the Service. This license is personal to You and cannot be shared or used by anyone else. You agree that You will not let others access and/or use the Service using Your account.
4.3 You may use the Service only for Your internal business purposes and shall not: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights; (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Service or the Content; or (e) attempt to gain unauthorized access to: (i) the Service or its related systems or networks; (ii) other user’s accounts; or (iii) optional components of the Service that You have not paid for.
4.4 You acknowledge and agree that You will only have remote access to the Service and shall not at any time have physical access to any facility providing the Service nor shall You attempt to download or gain physical access to the Content or any software used in providing the Service. You further agree that the Content (including any marketing collateral or materials using Your Data) sent by or through the Service via REIVAULT or associated mail fulfillment partners or other third party suppliers shall only be used in connection with Your use of the Service and may not be copied or reproduced in any way, without prior written permission from REIVAULT.
5.0 Your Responsibilities. You are responsible for Your Data and all activity occurring with Your account, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. Your membership, user name and password (login) may not be assigned or transferred to any other person or entity. You shall: (a) notify REIVAULT immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (b) report to REIVAULT immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by You; and (c) not impersonate another REIVAULT user or provide false identity information to gain access to or use the Service. Until REIVAULT is notified, by e-mail, or by telephone of any breach in security, You will remain liable for any unauthorized use of the Service arising out of Your account.
6.0 Account Information and Data.
6.1 You must provide current, complete and accurate information for Your account in order to receive access to the Service. This information includes Your legal name, street address, e-mail address, and telephone number. You must promptly update all information to keep Your account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify REIVAULT if Your payment method is canceled (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your user name or password. Changes to such information can be made via email at email@example.com or applicable REIVAULT provided application. If You fail to provide REIVAULT any of the foregoing information, You agree that REIVAULT may continue charging You for the Service under Your account, unless You have cancelled Your membership and subscription for the Service. If the contact information You have provided is false or fraudulent, REIVAULT reserves the right to terminate Your access to the Service in addition to any other legal remedies.
6.2 REIVAULT acknowledges and agrees that it does not own Your Data. You, not REIVAULT, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Your Data. For example, if Your Data contains outdated or inaccurate property addresses or property ownership, REIVAULT shall not be responsible or liable for such outdated or inaccurate information. In addition, REIVAULT shall not be liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data. REIVAULT reserves the right to withhold, remove and/or discard Your Data without notice for any breach, including, without limitation, Your non-payment. Upon termination by REIVAULT for cause, Your right to access or use Your Data immediately ceases, and REIVAULT shall have no obligation to maintain or forward any of Your Data.
6.3 You hereby grant to REIVAULT a non-exclusive, worldwide license, to use, reproduce, create derivative works, display, store and perform Your Data as reasonably necessary to operate the Service, and to make backup copies thereof in connection with Your use of the Service.
6.4 REIVAULT, at its sole discretion, may elect to electronically monitor the Service and may disclose Your Data, and any content or records concerning Your account, as necessary to satisfy any law, regulation, or other governmental request or to properly operate the Service and protect its customers. You expressly agree that REIVAULT shall not be liable to You for any action REIVAULT takes to remove or restrict access to obscene, indecent or offensive content made available by You, nor for any action taken to restrict access to material made available in violation of any law, regulation or rights of a third party, including but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy.
7.0 Intellectual Property Ownership. REIVAULT alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the REIVAULT Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service. This EULA is not intended to, and will not, constitute a lease of any real property. You acknowledge that You have no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulations or ordinances. This EULA is not a sale and does not convey to You any rights of ownership in or related to the Service, the REIVAULT Technology, any Content or the Intellectual Property Rights owned by REIVAULT. The REIVAULT name, the REIVAULT logo, and the product names associated with the Service are trademarks of REIVAULT or third parties, and no right or license is granted to use them.
8.0 Third Party Interactions. During Your use of the Service, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of, advertisers or sponsors or other third parties showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the applicable third-party. REIVAULT is not a party to, third party beneficiary of, or a guarantor of performance with respect to any subsequent agreement between You and any third party. Specifically, REIVAULT does not control the quality or availability of third party goods and services You may access through the Service, the terms and conditions on which those goods and services are offered or purchased, or the third party’s compliance with an agreement that it may execute with You. REIVAULT and its licensors shall have no liability, obligation or responsibility for: (a) any correspondence, purchase or promotion between You and any third-party; or (b) the quality, accuracy or availability of goods and/or services from third parties. REIVAULT does not endorse any sites on the Internet that are linked through the Service, and makes no warranties (express or implied) with respect to any such Internet sites or the goods or services which they offer. REIVAULT provides these links to You only as a matter of convenience, and in no event shall REIVAULT or its licensors be responsible for any content, products, services or other materials on or available from such sites. REIVAULT provides the Service to You pursuant to the terms and conditions of this EULA. You recognize, however, that certain third-party providers of ancillary software, hardware, content, products or services may require Your agreement to additional or different licenses or agreements or other terms prior to Your purchase, use of or access to such software, hardware, content, products or services.
9.0 Payment, Nonpayment and Suspension.
9.1 You shall pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide REIVAULT with a valid credit card as a condition to signing up for the Service. In connection with REIVAULT’s acceptance of Your Application Form, You acknowledge and agree to pay for (and that Your credit card has been billed for) the Initial Term. REIVAULT reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to You, which notice may be provided by e-mail. All pricing terms are confidential, and You agree not to disclose them to any third party.
9.2 Commencing as of the date You begin using the Service, REIVAULT will charge and collect in advance for use of the Service, including the membership and subscription fees. Fees for the use of mail fulfillment will be automatically charged to Your account and there shall be no credit or reimbursement for undelivered or returned mail attributable to Your Data. After the expiration of the Initial Term, You will be billed monthly in advance. REIVAULT will automatically renew and bill Your credit card or issue an invoice to You every month unless the cancellation procedure is successfully completed as described in section 12.1 by You at least three (3) business days prior to the end of a month. REIVAULT’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on REIVAULT’s income. If You believe Your bill is incorrect, You must contact us in writing within sixty (60) days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
9.3 In addition to any other rights granted to REIVAULT herein, REIVAULT reserves the right to cancel or terminate this EULA and Your access to the Service if Your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for during any period of suspension. REIVAULT reserves the right to refer Your account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this EULA and in collection of any delinquent amounts due, including reasonable attorneys’ fees and costs. Should there be an outstanding balance, Your access to the Service may be canceled until Your account is paid in full with no refund for lost time. Once all outstanding balances are paid in full, You can regain Your access to the Service. If You or REIVAULT initiates termination of this EULA, You will be obligated to pay the balance due on Your account. You agree that REIVAULT may charge such unpaid fees to Your credit card or otherwise bill You for such unpaid fees.
9.4 REIVAULT reserves the right to impose a reconnection fee in the event You are canceled and thereafter request access to the Service. You agree and acknowledge that STL has no obligation to retain Your Data and that such Data may be irretrievably deleted if Your account is 30 days or more delinquent.
10.0 Excess Data Storage Fees. The maximum disk storage space provided to You at no additional charge is: 5 GB. If the amount of disk storage required exceeds these limits, You will be charged the then-current storage fees. REIVAULT will use reasonable efforts to notify You when the average amount of storage used by You reaches approximately 90% of the maximum; however, any failure by REIVAULT to so notify You shall not affect Your responsibility for such additional storage charges. REIVAULT reserves the right to establish or modify its general practices and limits relating to storage of Your Data.
11.0 Fraud and Chargeback Rights.
11.1 You hereby agree that all fraud and misuse of any credit card used by You to pay for the Service will be promptly reported to REIVAULT. You also agree that any disputes with billing, delivery, or Service quality will be addressed and investigated through REIVAULT. Any charges disputed with Your issuing bank or financial institution without first contacting REIVAULT for resolution may be construed as an attempt to defraud REIVAULT. Liquidated damages up to five hundred dollars ($500) may be assessed by REIVAULT, in its discretion, against any individual who fraudulently obtains membership and a subscription or access to the Service or whose transaction later results in a chargeback to the account. You agree that the liquidated damage amount above is reasonable, does not constitute a penalty, and is being established due to the difficulties and inconvenience associated with attempting to establish the exact amount of loss which may be sustained by REIVAULT due to excessive chargebacks to Your account. You agree to indemnify and hold REIVAULT harmless from any and all claims, fines or other damages imposed by any credit card company or other entity due to excessive chargebacks, which are the cumulative result of Your fraudulent actions. The REIVAULT Fraud department will review all chargebacks.
11.2 Chargebacks issued for reasons REIVAULT deems as non-fraudulent and that REIVAULT feels You were provided with proper services and/or support will be disputed through Your credit card company. It is Your responsibility to notify REIVAULT of any problems You are having with the Service immediately.
11.3 Any chargebacks that result from fraudulent activity will be investigated. REIVAULT uses Credit Card Verification (CVV2) and Address Verification (AVS) to validate Your credit card. You acknowledge and agree that Your IP address and network host may be recorded when You click on the “I Accept” button and each time that You log into the Service. This information will be used to trace the order to the person(s) that completed the Application Form for the Service and clicked on the “I Accept” button. All information on fraudulent accounts will be turned over to the proper authorities to assist in locating and prosecuting any and all guilty parties.
11.4 Claiming a charge as fraudulent to avoid payment for Your membership and subscription or use of the Service is illegal and any and all violators will be prosecuted to the fullest extent of the law. Your credit card company and the proper authorities will be notified. For any chargebacks submitted as fraudulent, REIVAULT may require a copy of a filed police report and a signed affidavit from Your credit card company stating that the charge was fraudulent and that Your credit card and/or credit card numbers were stolen or otherwise falsely obtained and used.
12.0 Refunds, Cancellation and Termination for Cause.
12.1 Money Back Guarantee / Refund Policy – REIVAULT offers a money-back guarantee to new members of the service for upto 30 days from the Effective Date of this agreement for the initial membership and subscription fee. All new members who have signed up and paid the initial membership and subscription fee for the service are allowed to request a refund upto 30 days of the Effective Date of this agreement or upon their approval of the Sales & Marketing Plan which is provided by REIvault upon the member of the service completing the FastTrast Startup Questionnaire, whichever happens sooner. Due to the nature of the services provided, no other refunds or credits will be granted or given.
12.2 You may cancel Your membership and subscription at any time by completing the online Cancellation of Membership & Subscription form at www.reivault.com or by sending an email to firstname.lastname@example.org requesting in the subject line “membership cancellation request” and in the body of the email the reason for cancellation. Upon REIVAULT’s receipt of Your email, You will receive from REIVAULT a cancellation acknowledgement email. You will be contacted by Member Services to schedule a quick review of Your account before Your cancellation request will be processed. Once cancellation is processed by REIVAULT, You will receive via email a membership and subscription cancellation confirmation. Should You not follow cancellation instructions Your account will remain active and You are responsible for all charges incurred up to the time the account is deactivated. In the event you cancel Your membership and subscription, REIVAULT may make available to You a file of Your Data, which may or may not include the email and mailing lists or properties and phone numbers, within 30 days of the date of cancellation if You so request. You agree and acknowledge that REIVAULT has no obligation to retain Your Data, and may delete Your Data, more than 30 days after cancellation.
12.3 REIVAULT accepts no responsibility for late or unreceived refund or cancellation forms, printer or fax failure, failure due to (and not limited to) disconnection from the internet, power failure, heavy internet traffic, instructions not received due to incorrect customer email address on order form, cancellation sent to wrong email address or company other than REIVAULT, computer failure, or hardware error. It is Your responsibility to ensure that a refund or cancellation form is correctly filled out and received by REIVAULT.
12.4 Any breach of Your payment obligations or unauthorized use of the Content, REIVAULT Technology or Service will be deemed a material breach of this EULA. REIVAULT, in its sole discretion, may terminate Your password, account or use of the Service if You breach or otherwise fail to comply with this EULA. You agree and acknowledge that REIVAULT has no obligation to retain Your Data, and may delete such Your Data, if You have materially breached this EULA, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
13.0 Representations & Warranties. Each party represents and warrants that it has the legal power and authority to enter into this EULA. REIVAULT represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online REIVAULT help documentation under normal use and circumstances. You represent and warrant that You have not falsely identified Yourself nor provided any false information to gain access to the Service and that Your billing information is correct.
14.0 Mutual Indemnification.
14.1 You shall indemnify and hold REIVAULT, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim: (a) alleging that use of Your Data infringes the rights of, or has caused harm to, a third party; (b) which if true, would constitute a violation by You of Your representations and warranties; (c) arising from a breach by You of this EULA; or (d) relating to Your use of third party goods and/or services.
14.2 REIVAULT shall indemnify and hold You and Your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim: (a) alleging that the Service directly infringes a U.S. copyright, a U.S. patent issued as of the Effective Date, or a registered U.S. trademark of a third party; (b) which if true, would constitute a violation by REIVAULT of its representations or warranties; or (c) arising from breach of this EULA by REIVAULT. REIVAULT shall have no indemnification obligation, and You shall indemnify REIVAULT pursuant to this EULA, for claims arising from any infringement arising from the combination of the Service Your Data or with any of Your products, service, hardware or business process(s).
14.3 The foregoing obligations are conditioned on the party seeking indemnification (the “Indemnified Party”): (a) giving the other party (the “Indemnifying Party”) prompt notice of the relevant claim; (b) cooperating with the Indemnifying Party, at the Indemnifying Party’s expense, in the defense of such claim; and (c) giving the Indemnifying Party the right to control the defense and settlement of any such claim (provided that the Indemnifying Party may not settle or defend any claim unless it unconditionally releases the Indemnified Party) of all liability. The Indemnified Party shall have the right to participate in the defense at its expense.
15.0 Disclaimer of Warranties. REIVAULT AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. REIVAULT AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA OR CONTENT WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY REIVAULT AND ITS LICENSORS. REIVAULT AND ITS LICENSORS FURTHER DISCLAIM ANY LIABILITY, OBLIGATION, RESPONSIBILITY OR WARRANTY WITH RESEPCT TO THIRD PARTY GOODS AND SERVICES AVAILABLE THROUGH THE SERVICE.
16.0 Not a Substitute for Professional Advice. The Service provides information about real estate and aspects of the law and accounting about real estate investing. However, this information is not the same as advice from a licensed professional, whether it be a real estate broker, lawyer and/or certified public accountant who can apply his/her expertise and experience to Your specific circumstances. Although REIVAULT strives to make sure the Content is accurate and useful, You should consult an expert for professional assurance that the information and Content on the Service, and Your interpretation of it, is appropriate to Your particular situation and comply with all applicable laws. The Service is not a substitute for personalized advice from a real estate broker, lawyer or certified public accountant licensed to practice in Your area. You are solely responsible for ensuring that the Content and any third party goods and services You may utilize are accurate, up to date, suitable for your use, and comply with all applicable laws. You acknowledge that You have not entered into this EULA in reliance upon any warranty or representation except those specifically set forth herein.
17.0 Internet Delays. The availability of the Service depends on many factors, including Your connection to the Internet, the availability of the Internet and the Internet backbone, and equipment that, by its nature, is not fault tolerant. REIVAULT will use reasonable efforts to make the Service available 24 hours per day, 7 days per week, except for scheduled maintenance downtimes, and will use commercially reasonable efforts to promptly investigate any problems that You report to REIVAULT. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. REIVAULT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
18.0 Limitation of Liability. EXCEPT IF YOU VIOLATE REIVAULT’S INTELLECTUAL PROPERTY RIGHTS, AND FOR OBLIGATIONS ARISING UNDER SECTION 14, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL REIVAULT AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF YOU HAVE PREVIOUSLY ADVISED REIVAULT OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth herein may not apply to You.
19.0 Local Laws and Export Control. The Service’s website provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000 REIVAULT and its licensors make no representation that the Service is appropriate or available for use outside the United States.
20.0 Notice. REIVAULT may give notice by means of a general notice on the Service, electronic mail to Your e-mail address on record in REIVAULT’s account information, or by written communication sent by first class mail or pre-paid post to Your address on record in REIVAULT’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to REIVAULT (such notice shall be deemed given when received by REIVAULT) at any time by any of the following: letter sent by confirmed facsimile to REIVAULT at the following fax number: (855) 228-2411; letter delivered by nationally recognized overnight delivery service or prepaid certified mail, return receipt requested to REIVAULT at the following address: RealEstateInvestor.com, LLC, 696 San Ramon Valley Blvd., Suite 408, Danville , CA 94526.
21.1 This EULA shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this EULA or the Service shall be subject to (and the parties hereby agree to submit to) the exclusive jurisdiction of the state and federal courts located in Contra Costa County and the Northern District of the State of California. This EULA will not be subject to or governed by the United Nations Convention of Contracts for the International Sale of Goods.
21.2 This Agreement may not be assigned by You without the prior written approval of REIVAULT but may be assigned without Your consent by REIVAULT to: (a) a parent or subsidiary; (b) an acquirer of assets; or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
21.3 No text or information set forth on any purchase order, preprinted form or document (other than an Application Form, if applicable) shall add to or vary the terms and conditions of this EULA. If any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
21.4 No joint venture, partnership, employment, or agency relationship exists between You and REIVAULT as a result of this EULA or use of the Service.
21.5 The failure of REIVAULT to enforce any right or provision in this EULA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by REIVAULT in writing.
21.6 This EULA, together with Your Application Form, comprises the entire agreement between You and REIVAULT and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
BY CLICKING ON THE “I ACCEPT” AND “SUBMIT SIGNATURE” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS END USER LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND STL, SUPERCEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF ANY CREDIT CARD USED TO PAY FOR THE SERVICE. ANY ATTEMPTS TO USE CREDIT CARDS FOR FRAUDULENT PURPOSES WILL BE PUNISHABLE BY ALL LAWS AND PENALTIES. STL RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ACTIVITY TO THE FULLEST EXTENT OF THE LAW.
Questions or Additional Information:
If you have questions regarding this EULA or wish to obtain additional information, please send an email to email@example.com.