Acceptance of Terms
General Use of the Realizty Network.
● except with the express written permission of Realizty, Inc. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in
another Web page, use on any other Website or application, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through
or obtained from the Realizty Network, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of
obtaining lists of users or other information;
● damage, disable, overburden, or impair the Realizty Network or interfere with any other party’s use and enjoyment of the Realizty Network;
● obtain or attempt to obtain any materials or information through any means not made readily accessible by Realizty,Inc. through the Realizty Network. Except with the express written permission of Realizty, Inc. you agree that you will not access or attempt to access password- protected, secure, or non-public areas of the Realizty Network. Except with the express written permission of Realizty, Inc. you agree that you will not create links from any Website, Web page, or other application to any page within, or part of, the Realizty Network; provided however upon prior written notice to Realizty, Inc. at email@example.com, you may create a link directly to any of the Realizty Network homepages, including, but not limited to, pages currently at https://realiztify.ca/. The origin of any link to any Realizty Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Realizty Network homepage. By creating a link to the Realizty Network, you agree that (a) you will not employ any technology that results in the placement of content from the Realizty Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the appearance of the Realizty Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other Websites or applications that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Realizty Network. Realizty, Inc. reserves the right to revoke your permission to create such links at any time in its sole discretion and you agree to immediately cease using the link at any time that Realizty, Inc. so requests.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third-party Services, Content (as defined below), software, or sites.
Content Contained in the Realizty Network
The Realizty Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Realizty Network (collectively, “Content”) is owned by Realizty, Inc. and/or third parties with all rights reserved unless otherwise noted. Realizty, Inc. grants you a limited license to access and use the Realizty Network and Content solely for informational, personal, and non-commercial purposes (including printing individual pages from the Realizty Network provided that
you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching), modifying, or making any other use of the Realizty Network or Content, except with express written consent of Realizty, Inc. You understand that all third party Content posted on, transmitted through, or linked from the Realizty Network, is the sole responsibility of the third-party originator of such Content. Content is provided through the Realizty Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Realizty, Inc. be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services. Insofar as the Realizty Network implements Google Maps from Google, your use of Google Maps is subject to the Google
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Realizty Network, you agree to provide true, accurate, and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Realizty Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Realizty, Inc. as
You promise that you will not use the Realizty Network to:
● Transmit any Content
o not related to appropriate subject matters;
o which is misleading to others, including consumers;
o that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
o that you do not have a right to post and transmit under any law or under contractual relationships;
o such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
o and materials that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
● intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to the Realizty Network, you grant, and you represent and warrant that you have the right to grant, to Realizty, Inc. an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Realizty Network, you grant Realizty, Inc. all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Realizty Network by any party for any purpose.
Ability to Opt-Out from Receiving Certain Communications.
You have the choice to opt out of receiving certain marketing communications (email or text messages) you might receive from Realizty, Inc. or a Realizty, Inc. division (each referred to here as a “Sender”). Normally, a marketing email you receive from a Sender will have an opt-out link provided within the email itself (usually toward the bottom), and you typically can opt-out of receiving further such marketing emails by clicking on the opt-out link and indicating your decision. If you receive marketing texts from a Sender, you typically can opt-out of receiving further such texts by following instructions provided in the text itself, often by texting “STOP”, or by emailing the Realizty Customer Care team at firstname.lastname@example.org and including sufficient information to allow the Sender to properly respond to your request (e.g., your full name, your complete phone number with area code, and an image or description of the marketing text you received). Whether it’s email or text, your request will be handled promptly; but please note that for a reasonable time you might receive further such marketing emails or texts while the Sender processes your request. Note also that opting out of marketing emails or texts will not necessarily cause you to stop receiving non-marketing emails or texts, such as texts about a purchase you may have made, a transaction you may have with a Sender, a lead you have submitted about a property that is for sale or perhaps even about listing alerts you may have requested, as well as other types (for example, about technical, administrative or informational matters) – but even some or all of these kinds of messages (especially if texts) the Sender may stop as well. Some additional program details regarding SMS (text) messaging from a Sender, including the opt-out, are as follows:
● Message and data rates may apply.
● Message number and frequency vary and may be recurring for any given program.
● Text “STOP” in reply to a marketing text from a Sender to stop receiving further such texts (see above for other details).
● Text “HELP” in reply to a marketing text from a Sender to seek help or assistance.
● Example of a program’s sponsor or Sender: realiztify.com
● Texts sent may include both marketing and non-marketing texts.
● Carriers disclaim liability for delayed or undelivered messages.
General Terms Applicable Law; Agreement to Arbitrate
YOU HEREBY AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT MAY ARISE BETWEEN YOU AND REALIZTY, INC. SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. YOU AGREE THAT YOU AND REALIZTY, INC. MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND REALIZTY, INC. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. FURTHER, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES AND PROCEDURES, AS MODIFIED BY THIS PARAGRAPH. THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG. A FORM FOR INITIATING ARBITRATION PROCEEDINGS IS AVAILABLE ON THE AAA’S WEBSITE AT https://www.adr.org/. THE ARBITRATION SHALL BE HELD IN THE COUNTY IN WHICH YOU RESIDE OR AT ANOTHER MUTUALLY AGREED LOCATION. IF THE VALUE OF THE RELIEF SOUGHT IS $2,500 OR LESS, YOU OR REALIZTY, INC. MAY ELECT TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE OR BASED SOLELY ON WRITTEN SUBMISSIONS, WHICH ELECTION SHALL BE BINDING ON YOU AND REALIZTY, INC. SUBJECT TO THE ARBITRATOR’S DISCRETION TO REQUIRE AN IN-PERSON HEARING, IF THE CIRCUMSTANCES WARRANT. ATTENDANCE AT AN IN-PERSON HEARING MAY BE MADE BY TELEPHONE BY YOU AND/OR REALIZTY, INC. UNLESS THE ARBITRATOR REQUIRES OTHERWISE. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES UNLESS OTHERWISE STATED IN THIS PARAGRAPH. IF A COURT DECIDES THAT ANY PART OF THIS PARAGRAPH IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS PARAGRAPH SHALL STILL APPLY. ACCESS OR USE OF THE REALIZTY NETWORK IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE REALIZTY NETWORK, SERVICES, AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. REALIZTY, INC. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE REALIZTY NETWORK, SERVICES, AND/OR CONTENT. REALIZTY, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU AGREE TO INDEMNIFY AND HOLD REALIZTY, INC. ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS
Limitation of Liability
IN NO EVENT SHALL REALIZTY, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE REALIZTY NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE REALIZTY NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE REALIZTY NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE REALIZTY NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REALIZTY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE REALIZTY NETWORK, AND ALL OTHER USE OF THE REALIZTY NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
DISCONTINUE USING THE REALIZTY NETWORK.
All materials on the Realizty Network (as well as the organization and layout of the Realizty Network) are owned and copyrighted or licensed by Realizty, Inc., its corporate affiliates, or its third-party vendors. © by Realizty, Inc., all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Realizty Network is permitted without the written permission of Realizty, Inc. Any rights not expressly granted herein are reserved. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Realizty, Inc. at the below address. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
1521 Concord Pike Suite 301 #270
Wilmington, Delaware, 19803.
Repeat Infringers: It is Realizty, Inc.’s policy to terminate in appropriate circumstances access to or use of the Realizty Network (or any part thereof) by repeat infringers.