TERMS OF SERVICE

TERMS OF SERVICE

Revised July 2019

IMPORTANT – READ CAREFULLY. THESE TERMS OF USE SET FORTH THE LEGAL AGREEMENT BETWEEN YOU AND REALMASSIVE, INC. (“REALMASSIVE“, “WE“, “US” OR SIMILAR TERMS) RELATING TO YOUR ACCESS TO AND USE OF THE REALMASSIVE SERVICES. IN PARTICULAR, THESE TERMS OF USE REQUIRE THAT ANY CLAIMS BETWEEN YOU AND US MUST BE RESOLVED BY BINDING ARBITRATION.

Welcome to RealMassive – an online platform providing commercial real estate listing information. The following terms and conditions (collectively, these “Terms of Use“) govern your access to and use of (a) (i) our website www.realmassive.com, (ii) any other website operated by us or our affiliates that links to or otherwise references that it are subject to these Terms of Use, and (iii) any Content (as defined below) provided by us within a specific display area located on a third-party website to the extent that the display area links to or otherwise references that the Content is subject to these Terms of Use (each, the “Site“), (b) our RealMassive-branded applications (including mobile applications) that link to or otherwise reference that they are subject to these Terms of Use (each, an “Application”), and (c) any features, functionality, information or services (including Content) made available by or on behalf of us through the Sites or the Applications (clauses (a), (b) and (c), collectively, the “RealMassive Services”).

1. Acceptance of the Terms of Use

Please read these Terms of Use carefully before you access or use the RealMassive Services. BY (A) CLICKING TO “ACCEPT” OR “AGREE” TO, OR TAKING ANY OTHER ACTION TO AFFIRM, THESE TERMS OF USE WHEN THE OPTION IS MADE AVAILABLE TO YOU OR (B) ACCESSING THE REALMASSIVE SERVICES, WHICHEVER IS FIRST TO OCCUR, YOU AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED HEREIN BY THIS REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU ARE NOT LICENSED OR OTHERWISE PERMITTED TO ACCESS OR USE THE REALMASSIVE SERVICES (INCLUDING ANY CONTENT), AND YOU MUST NOT ACCESS OR USE THE REALMASSIVE SERVICES IN ANY MANNER.

Additional terms and conditions may apply to certain areas or types of RealMassive Services (e.g., our mobile applications). Any such additional terms and conditions will be disclosed to you in connection with such offerings, and will apply to your use of and access to those offerings in addition to these Terms of Use.  In the event of a conflict, such additional terms and conditions will take precedence over these Terms of Use.

By accessing the RealMassive Services, you represent and warrant that (a) you are of legal age to form a binding contract with RealMassive, (b) have read these Terms of Use, (c) agree to be legally bound by these Terms of Use, and (d) you are not a competitor of RealMassive, nor an employee, service provider, representative or agent of a competitor of RealMassive, including any person or business which develops, enhances, structures or provides any database of commercial real estate information for commercial sale, licensing or distribution. If you are the Company Network Owner of a Company Network (as such terms are defined below), you represent and warrant that you are an authorized representative of the Company (as defined below) with full power and authority to take actions on behalf of the Company with respect to the Company Network and RealMassive Services and to bind the Company to these Terms of Use, and these Terms of Use constitute a legally binding obligation of the Company. If you do not meet all of these requirements, you must not access or use (and are not authorized to access or use) any of the RealMassive Services.

2. Nature of RealMassive Services

We are a technology company and the RealMassive Services offer an online platform for the presentation of commercial real estate listing information. We are not a real estate agent, broker, mortgage broker, title company or lender. We do not broker, negotiate or otherwise participate in any real estate or other transactions on behalf of others regarding the purchase, sale, lease, rental or exchange of real estate, and we are not and will not be a party to any such transaction that you may enter into as a result of your access to or use of the RealMassive Services.

3. Accessing the RealMassive Services

We reserve the right to withdraw or amend any of the RealMassive Services or portion thereof at any time, in our sole discretion without notice. We will not be liable if for any reason all or any part of the RealMassive Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the RealMassive Services to users, including registered users. You are responsible for making all arrangements necessary for you to have access to RealMassive Services.

4. Registered Users; Company Networks

To access the RealMassive Services or some of the features or functionality it offers (e.g., the ability to add listings), you may be required to become a registered user by creating an account and providing certain registration and account information to us. It is a condition of your use of the RealMassive Services that all registration and account information you provide to us is correct, current and complete, and you further agree to update such information so that it remains correct, current and complete. You agree that all information you provide to us through the RealMassive Services (including registration and account information) is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you are a registered user who is affiliated with an entity or other form of business engaged in providing commercial real estate agency, brokerage or other professional services (a “Company”) you may be permitted to create or join the Company’s network of commercial real estate listings made available on the RealMassive Services (a “Company Network”). The initial registered user who creates a Company Network will be considered the “Company Network Owner” and will have the right to approve or reject requests by other registered users to affiliate with the Company Network and to take other actions on behalf of the Company with respect to the RealMassive Services and the Company Network (including the right to terminate a registered user’s affiliation with the Company Network). The Company Network Owner designation may be transferred to another registered user subject to and in accordance with RealMassive’s then-current policies and procedures. By affiliating your account with a Company Network, you acknowledge and agree that (a) any commercial real estate listings that you post on the RealMassive Services will become part of the Company Network, (b) the Company Network Owner and other affiliated registered users of the Company Network may add, edit or delete any commercial real estate listings that are part of the Company Network, including listings that you post, and (c) if you become un-affiliated with the Company Network, any commercial real estate listing you posted as part of the Company Network, and any contacts associated with such listings, will remain as part of the Company Network.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree not to provide any other person with access to the RealMassive Services using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

5. Intellectual Property Rights

You acknowledge and agree that the RealMassive Services, and all text, images, displays, photos, video, audio, audiovisual works, data, information and other content (including the design, selection and arrangement thereof) made available on or through the RealMassive Services (such content, the “Content”), are owned by RealMassive, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

RealMassive™ is a trademark of RealMassive. You must not use such mark or any other trademarks of RealMassive, without the prior written permission of RealMassive. All other names, logos, product and service names, designs and slogans on the RealMassive Services are the trademarks of their respective owners.  The display of any third-party names, logos, product or service names, designs or slogans on the RealMassive Services does not necessarily indicate any endorsement of or affiliation with us.

To the extent that you provide us with any suggestions, feedback or other information relating to our business, the RealMassive Services or our other products or services (including suggested new products or improvements to existing products) such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully transferable and sublicensable (through multiple tiers) right and license to reproduce, display, distribute, modify, prepare derivative works of, use and otherwise exploit such suggestions, feedback and information.

6. Permitted Uses

Subject to the terms and conditions of these Terms of Use (including Section 7 (Prohibited Uses) and Section 10 (Content Standards), we grant to you a limited, non-exclusive, revocable, non-transferable and non-sublicensable license to (a) access and use the RealMassive Services as made available by us for your personal use (or, if you are a Company, for your internal business use), and (b) if you are a commercial real estate agent, broker or other professional acting in your professional capacity (or, if you are a Company engaged in providing commercial real estate agency, brokerage or other professional services), you may additionally use and access the RealMassive Services as made available by us for the purpose of providing your professional services to your clients.

The foregoing licenses do not authorize you to, and you will not (directly or indirectly) (a) modify, edit, adapt, alter, translate, or create derivative works of any Content or (b) reproduce, download, print, store, distribute, disseminate, display, perform, publish, or transmit any Content, except as follows: (i) your computer may temporarily store copies of Content in RAM incidental to your accessing and viewing the Content within the RealMassive Services; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes only; (iii) if you are a registered user, you may modify (to the extent enabled by the features of the RealMassive Services) your User Contributions (and, if you are affiliated with a Company Network, you may modify (to the extent enabled by the features of the RealMassive Services) commercial real estate listings that are part of the Company Network); (iv) you may print copies of a reasonable number of pages of Content displayed within the RealMassive Services for your personal use (or, if you are a Company, for your internal business use); (iv) if you are a commercial real estate agent, broker or other professional acting in your professional capacity (or, if you are a Company engaged in providing commercial real estate agency, brokerage or other professional services) you may print copies of a reasonable number of pages of Content displayed within the RealMassive Services, and distribute such copies to or on behalf of your clients, for the purpose of providing your professional services to your clients; (v) if we enable any communications features or functionality within the RealMassive Services, you may transmit Content to persons via such enabled features or functionality; (vi) if we provide Applications for download, you may download a single copy to your computer or mobile device, provided that you agree to be bound by our end user license agreement for such Applications; and (vii) if we provide social media features or functionality with the RealMassive Services, you may take such actions as are enabled by such features or functionality.

To the extent you are permitted above to make any copies of the Content, you are not authorized to, and you will not: (a) modify copies of Content or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of Content.

No right, title or interest in or to RealMassive Services or any Content is transferred to you, and all rights not expressly granted are reserved by RealMassive. Any use of the RealMassive Services or any Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

7. Prohibited Uses

Anything to the contrary notwithstanding, the licenses granted in Section 6 (Permitted Uses) of these Terms of Use do not authorize you to, and you will not (directly or indirectly): (a) modify, edit, adapt, alter, translate, create derivative works of the RealMassive Services (including the Content), including any component of any of the foregoing (except to the limited extent expressly permitted in Section 6 above); (b) reproduce, download, print, store, distribute, disseminate, display, perform, publish, or transmit any Content (except to the limited extent expressly permitted in Section 6 above); (c) reverse engineer, decompile, disassemble, decode or otherwise attempt to discover the source code, algorithms, architecture, structure, source of, methods used to create, or underlying technology of the RealMassive Services (including the Content), including any component of the foregoing; (d) rent, lease, loan, sublicense, distribute, transfer or provide access (including on a time share, application service or outsourced basis) to the RealMassive Services (including the Content), including any component of any of the foregoing, to any other person (except to the limited extent expressly permitted in Section 6 above); (e) use the RealMassive Services (including any Content) in any way (i) that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the U.S. or other countries), (ii) that infringes, misappropriates or violates any intellectual property rights, rights of publicity or rights of privacy of any person, (iii) that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing, or (iv) for competitive or benchmarking analysis or for development of a competing product, service or other offering (including to develop, enhance or structure any commercial real estate database for commercial sale, licensing or other distribution); (f) use the RealMassive Services to send, knowingly receive, upload, download, use or re-use any User Contribution which does not comply with the Content Standards (see Section 10 of these Terms of Use); (g) use the RealMassive Services to impersonate or attempt to impersonate RealMassive, a RealMassive employee, another user or any other person (including by using e-mail addresses associated with any of the foregoing); (h) use the RealMassive Services to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the RealMassive Services, or which, as determined by us, may harm RealMassive or users of the RealMassive Services or expose them to liability; (i) use the RealMassive Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the RealMassive Services, including their ability to engage in real time activities through the RealMassive Services; (j) use any robot, spider or other automatic device, process or means to access the RealMassive Services for any purpose, including accessing, monitoring, copying, scraping, transmitting or otherwise using any of the Content; (k) use any manual process or means to access, monitor, copy, scrape, transmit or otherwise use the RealMassive Services (including any Content) for any unauthorized purpose; (l) use any device, software or routine that interferes with the proper working of the RealMassive Services; (m) introduce any viruses, trojan horses, worms, logic bombs or other materials which are malicious or technologically harmful; (n) gain unauthorized access to, interfere with, damage or disrupt any portions of the RealMassive Services (including any servers, databases or accounts), or attempt to do any of the foregoing; (o) attack the RealMassive Services via a denial-of-service attack or a distributed denial-of-service attack; or (p) otherwise attempt to interfere with the proper working of the RealMassive Services. You further agree not to engage or assist any person to take any action that would violate these Terms of Use.

Furthermore, the licenses granted in Section 6 (Permitted Uses) of these Terms of Use do not authorize you to, and you will not (directly or indirectly), use the RealMassive Services or any Content (i) as a factor in establishing an individual’s eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority, (v) in any way that would cause the information to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., (vi) in any other manner that would cause such use to be construed as a consumer report by any governmental authority, (vii) to create, replace, supplement or enhance any title, legal, vesting, ownership or encumbrance report for the purposes of underwriting title insurance, or (viii) coupled with alternative insurance approaches or products.

8. Interactive Services; Your User Contributions and other Content; Rights to Use; Etc.

The RealMassive Services may offer certain interactive features and functionality, including “add a listing” functions and messaging functions (collectively, “Interactive Services”), that allow users to post, submit, publish, display or transmit to the RealMassive Services, other users or other persons (hereinafter, “post”) text, images, displays, photos, video, audio, audiovisual works, data, information and other content (collectively, “User Contributions”) on or through the RealMassive Services. All User Contributions must comply with the Content Standards (see Section 10 of these Terms of Use).

By providing any User Contribution on the RealMassive Services, you grant to us a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, fully transferable and sublicensable (through multiple tiers) license to reproduce, display, distribute, modify, prepare derivative works of, use and otherwise exploit the User Contribution. Furthermore, if you are a commercial real estate agent, broker or other professional or if you are a Company engaged in providing commercial real estate agency, brokerage or other professional services, and as further consideration for the rights granted to you under these Terms of Use, you grant to us a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, fully transferable and sublicensable (through multiple tiers) license to access, reproduce, display, distribute, modify, prepare derivative works of, use and otherwise exploit any content (including photos, descriptions, and other information) appearing on your/your business’ publicly accessible website regarding commercial real estate properties marketed by you/your business, and expressly consent to the foregoing. You represent and warrant that: (a) you have obtained all necessary rights and consents in and with respect the User Contributions and the other content described above in this paragraph in order (i) to use the User Contributions in connection with the RealMassive Services (including full right and authority to submit and/or upload any commercial real estate listing information constituting any User Contribution), and (ii) to grant to us the licenses granted above; (b) all of your User Contributions do and will comply with these Terms of Use (including the Content Standards set forth in Section 10 of these Terms of Use); and (c) none of the User Contributions (including any commercial real estate listing information included therein), nor any of the other content described above in this paragraph, was provided to you by, nor is owned by, CoStar Realty Information, Inc. You understand and acknowledge that you are responsible for any User Contributions you post, and you, not RealMassive, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the RealMassive Services.

9. Monitoring and Enforcement; Termination

We have the right to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards (see Section 10 of these Terms of Use), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the RealMassive Services or the public or could create liability for RealMassive; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the RealMassive Services; and (e) terminate or suspend your access to all or part of the RealMassive Services for any or no reason, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions on or through the RealMassive Services. YOU WAIVE AND HOLD HARMLESS REALMASSIVE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review any User Contribution before it is posted on the RealMassive Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards

The content standards set forth in this Section 10 (collectively, the “Content Standards”) apply to any and all User Contributions and use of Interactive Services.  User Contributions must not: (a) contain any information which is false, inaccurate or misleading; (b) contain any information which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, harmful to minors or otherwise objectionable; (c) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (d) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (e) violate the legal rights (including the rights of publicity and privacy) of others or contain any information that could give rise to any civil or criminal liability under any applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy; (f) be likely to deceive any person; or (g) promote any illegal activity, or advocate, promote or assist any unlawful act.

11. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any User Contributions violate your copyright, you may request removal of those materials (or access thereto) from the RealMassive Services by submitting written notification to our DMCA Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the RealMassive Services, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow RealMassive to locate that material; (iv) adequate information by which RealMassive can contact you (including your name, postal address, telephone number and, if available, e-mail address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (vi) a statement that the information in the written notice is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on the RealMassive Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.  It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers. You may send DMCA Notices to our designated DMCA Agent:  by mail, at 3736 Bee Cave Rd. #1-250, Austin, TX USA, Attn: Zach Watkins; or, by email, at dmca-agent@realmassive.com. The telephone number for our designated DMCA Agent is (682) 587-9750, and our physical street address is 8501 N. Mopac Expressway, Suite 210, Austin, TX 78759.

12. Reliance on Information

The information available on or through the RealMassive Services is made available solely for general information purposes.  We may update the information available on or through the RealMassive Services from time to time, but its content is not necessarily complete or up-to-date. Any of the information (including Content regarding any commercial real estate) available on or through the RealMassive Services may be out of date at any given time, and we are under no obligation to update such information.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) ALL INFORMATION PRESENTED ON OR THROUGH THE REALMASSIVE SERVICES (INCLUDING ANY CONTENT REGARDING ANY COMMERCIAL REAL ESTATE) IS PROVIDED ON “AS IS” BASIS WITH “ALL FAULTS”; (B) WE DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY, EFFECTIVENESS, USE, OR RESULTS OF USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE REALMASSIVE SERVICES, OR (II) THE BUSINESS, PRODUCTS, SERVICES, OR OTHER OFFERINGS OF ANY COMMERCIAL REAL ESTATE BROKER, AGENT OR OTHER PROFESSIONAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) ANY RELIANCE ON OR USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE REALMASSIVE SERVICES BY YOU IS DONE SO AT YOUR OWN RISK.

13. Links to and from the RealMassive Services and Social Media Features

You may link to our Site homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The RealMassive Services may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided.  You understand and agree that by activating such social media features, certain information may be shared between the Site and the applicable social media site you have selected. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

The RealMassive Services may contain links (including through advertisements, banner ads, sponsored links and social media features) to other sites, resources and information provided by third parties, including real estate agents, brokers or other professionals (collectively, “Third Party Sites”).  Links to these Third Party Sites are provided solely as a convenience to you, and the Third Party Sites are not a part of the RealMassive Services. For the avoidance of doubt, with respect any Content provided by us within a specific display area located on a Third Party Site website that contains a link to or otherwise references that it is subject to these Terms of Use, these Terms of Use apply solely to such Content and not to any other features, functionality or information of such Third Party Site. We do not operate, own or control the Third Party Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.  You acknowledge and agree that your access to and use of the Third Party Sites is subject solely to the applicable terms and conditions of use (including privacy policies), if any, of the Third Party Sites.  These Terms of Use (including our Privacy Policy) do not apply to any access to or use of any Third Party Sites by you.  If you decide to access or use any Third Party Sites, you do so entirely at your own risk.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) WE ARE NOT RESPONSIBLE FOR (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF), (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, OR (IV) ANY LOSS OR DAMAGE THAT MAY ARISE FROM ANY OF THE FOREGOING; (B) WE DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF), OR (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR OWN RISK.

14. Information About You and Your Visits to the RealMassive Services

All information we collect in connection with your access to and use of the RealMassive Services is subject to our Privacy Policy. By accessing or using the RealMassive Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

15. Geographic Restrictions

We (directly or through our third-party service providers) host or otherwise provide the Site and other online portions of the RealMassive Services in the United States of America, and the RealMassive Services are intended for use by, and directed to, users located in the United States of America.  We make no claims that the RealMassive Services or any of its content is accessible or appropriate outside of the United States of America.  Access to and use of the RealMassive Services may not be legal by certain persons or in certain countries. If you are a consumer accessing the RealMassive Services from the European Union or other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States of America, please be advised that (i) you do so on your own initiative and are responsible for compliance with local laws and (ii) you are transferring your personally identifiable information to the United States of America and you consent to that transfer.

16. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE REALMASSIVE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.  ANYTHING TO THE CONTRARY NOTWITHSTANDING, WE (INCLUDING, FOR PURPOSES OF THIS SECTION, OUR AFFILIATES AND LICENSORS) DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE REALMASSIVE SERVICES, THE CONTENT, AND ANY OTHER PRODUCTS, SERVICES, OFFERINGS, INFORMATION OR ITEMS (INCLUDING ANY CONTENT REGARDONG COMMERCIAL REAL ESTATE) MADE AVAILABLE BY OR THROUGH THE USE OF THE REALMASSIVE SERVICES (COLLECTIVELY, THE “OFFERINGS”), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING.  WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES REGARDING (I) THE OFFERINGS (INCLUDING THE USE OF OR THE RESULTS OF THE OFFERINGS) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, AVAILABILITY, SECURITY, COMPLIANCE WITH APPLICABLE LAWS OR OTHERWISE, OR (II) WHETHER THE OPERATION OF THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. THE OFFERINGS DO NOT CONSTITUTE, AND SHOULD NOT RELIED UPON FOR, AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. REALMASSIVE IS NOT IN THE BUSINESS OF RENDERING LEGAL, TAX, ACCOUNTING, REAL ESTATE BROKERAGE, OR OTHER PROFESSIONAL ADVICE, AND NEITHER REALMASSIVE NOR THE OFFERINGS SHOULD BE RELIED UPON AS SUCH.  IF SUCH ADVICE OR EXPERT ASSISTANCE IS REQUIRED BY YOU, THEN YOU SHOULD SEEK THE SERVICES OF A COMPETENT LICENSED PROFESSIONAL. YOUR USE OF THE OFFERINGS IS DONE SO AT YOUR OWN RISK.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  ANYTHING TO THE CONTRARY NOTWITHSTANDING, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE REALMASSIVE SERVICES ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.

17. Limitation on Liability

IN NO EVENT WILL WE (INCLUDING, FOR PURPOSES OF THIS SECTION, OUR AFFILIATES AND LICENSORS) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY DAAMAGES FOR LOSS OF REVENUE OR PROFIT, LOSS OF DATA, OR LOSS OF TIME OR BUSINESS, ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR THE REALMASSIVE SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ANYTHING TO THE CONTRARY NOTWITHSTANDING, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF REALMASSIVE FOR ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR THE REALMASSIVE SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF FEES, IF ANY, PAID TO REALMASSIVE BY YOU FOR THE RIGHT TO ACCESS AND USE THE REALMASSIVE SERVICES DURING THE 12-MONTH PERIOD PRIOR TO THE OCCURRENCE OF SUCH CLAIM, DAMAGE OR LIABILITY, LESS THE AMOUNT OF ALL CLAIMS, DAMAGES OR LIABILITIES PREVIOUSLY PAID BY OR ON BEHALF OF REALMASSIVE AND (II) US$100. NO ACTION, SUIT OR PROCEEDING AGAINST REALMASSIVE MAY BE BROUGHT MORE THAN ONE YEAR FOLLOWING THE DATE UPON WHICH THE CLAIM FIRST AROSE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify and hold harmless RealMassive, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees and other costs of litigation) arising out of or relating to your violation of these Terms of Use and/or your access to or use of the RealMassive Services, including your User Contributions, any use of the RealMassive Services other than as expressly authorized in these Terms of Use or your use of any information obtained from the RealMassive Services.

19. Governing Law

ALL MATTERS RELATING TO THE REALMASSIVE SERVICES AND THESE TERMS OF USE AND ANY DISPUTE OR CLAIM ARISING THEREFROM OR RELATED THERETO (IN EACH CASE, INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS) WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF TEXAS OR OTHERWISE). SUBJECT TO THE PROVISIONS OF SECTION 20 (BINDING ARBITRATION AND CLASS ACTION WAIVER) BELOW, ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE REALMASSIVE SERVICES SHALL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF TEXAS IN EACH CASE LOCATED IN AUSTIN, TEXAS, U.S.A.  YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

20. Binding Arbitration and Class Action Waiver

We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims in any way arising out of or relating to the RealMassive Services, any dealings with our representatives, or our Terms of Use or Privacy Policy (collectively, “Claims”) by contacting us at legal@realmassive.com.  If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you or RealMassive may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us or our affiliates. This also includes any Claims that arose before you accepted our Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce our Terms of Use as a court would.

Arbitrations will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The AAA’s Consumer Arbitration Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules, except as provided in this section. If you are an individual and your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions or at another mutually agreed location.  Attendance at an in-person hearing may be made by telephone by you and/or RealMassive, unless the arbitrator requires otherwise.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to General Counsel: Arbitration Claim Manager, c/o RealMassive, Inc., 3736 Bee Cave Rd. #1-250, Austin, TX USA 78746. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.

Any and all proceedings (whether in arbitration or court) to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration you and RealMassive each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.  Anything to the contrary notwithstanding, you and RealMassive each agree that you or RealMassive may bring suit in any court of competent jurisdiction to enjoin any infringement or other misuse of intellectual property rights.

21. Miscellaneous

No waiver by RealMassive of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RealMassive to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by an arbitrator or a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Each instance in these Terms of Use of the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation.” As used in these Terms of Use, the term “days” means calendar days, not business days, unless otherwise specified.  All headings or section divisions contained in these Terms of Use are for reference purposes only and will not be construed to affect the meaning or interpretation of these Terms of Use.

You shall not assign or otherwise transfer these Terms of Use, or any of your rights or obligations hereunder, in any manner whatsoever, without the prior written consent of RealMassive.  Any attempted assignment or transfer of this Agreement by you in violation of the foregoing will be void. We may assign and transfer this Agreement, and any of our rights and obligations hereunder, without restriction. Subject to the foregoing, these Terms of Use will be binding on the parties and their respective successors and assigns.

We will not be liable for any failure or delay in performance resulting from any event beyond our reasonable control, including due to fire, flood, action or decree of civil or military authority, insurrection, act of war, vandalism, terrorism, hackers, denial of service attacks, labor disputes or shortages, material shortages, power outages, failure of internet connections, failure of suppliers, or embargo.

22. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Section 20 (Binding Arbitration and Class Action Waiver) will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site. Your continued use of any RealMassive Services following the posting of revised Terms of Use means that you accept and agree to the change, so please check this page periodically for updates.

23. Entire Agreement

These Terms of Use, including our Privacy Policy and any additional terms and conditions applicable to any particular RealMassive Services, constitute the sole and entire agreement between you and RealMassive with respect to the RealMassive Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the RealMassive Services.