TERMS OF SERVICE
TERMS OF SERVICE
Revised March 2016
RealMassive is a platform for commercial real estate professionals.
RealMassive, Inc. (“RealMassive,” “us,” or “we”) is pleased to offer you access to RealMassive.com (the “Website”), our application programming interface (“API”), our proprietary online marketplace for commercial real estate professionals (the “Service” and collectively with the Website and API, the “Platform”) and any associated mobile applications (each, an “App”). The Platform and App are designed to provide a database of commercial real estate properties and to enable communication among landlords, owners, asset managers, third party leasing agencies and prospective tenants. The term “you” refers to an end user of the Platform and/or App.
2. Our Agreement
When you click “I AGREE” to create an account, or by installing the App or using or otherwise accessing the Platform or App, you agree to be bound by this Agreement.
The Agreement may be changed, in our sole discretion.
RealMassive may, in our sole discretion, change these Terms from time to time, and your continued use constitutes your agreement to the Terms and any modifications.
4. About Us
We are a technology company. We are not a real estate agent or broker.
We provide technology solutions related to commercial real estate. We are not a real estate agent, broker, title company or lender. RealMassive does not broker, negotiate or otherwise participate in transactions on behalf of others regarding the purchase, sale, lease, rental or exchange of real property, and we are not and will not be a party to any transaction you enter into with any other user of the Platform or App.
5. Representations About You
You make certain promises about you.
You represent and warrant that (a) you have read and understand this Agreement, (b) you are 18 years of age or older, (c) the information that you provide to us about you or your Account (as defined below) will be current, true, accurate, supportable and complete, (d) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (e) you are not listed on any U.S. Government list of prohibited or restricted parties.
6. Types of Accounts
You can register for a Free, Pro, Business, Enterprise or Project Atlas Account, which each have different features. You can upgrade, downgrade or cancel any type of account.
We offer all users access to certain features of the Service under a free user account (“Free Account”). We also offer access to premium features of the Service under a Pro or Business user account (a “Pro Account” or a “Business Account”) in exchange for a fee. We also offer enterprise accounts for corporate customers (an “Enterprise Account”) and Project Atlas accounts (a “Project Atlas Account”). We refer to all of these accounts collectively as “Accounts.” Each Account has different features and we reserve the right to offer additional premium features in exchange for set fees in the future. Although all Accounts are subject to this Agreement, there may be additional terms applicable to these Accounts or your purchase or use of any premium features.
If your Account includes access to the API we will issue you a unique API key (as more particularly described in the documentation, the “API Key”), which must be referenced in your API calls.
For so long as you use the Account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your Account and making relevant changes directly. You are responsible for complying with this Agreement when you use the Platform, whether directly or through any Customer Application (as defined below). Because it is your Account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Platform as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s) and API Keys. You agree not to share your password, let others access or use your Account, or do anything else that might jeopardize the security of your Account. Should you believe your password or security for the Platform has been breached in any way, you must immediately notify us.
You may cancel any type of Account, or downgrade or upgrade to a different type of Account, at any time by using the “My account” dashboard. If you elect to downgrade your Account, the downgrade will take effect on the commencement of the next renewal period. We do not provide credits or refunds on downgrades or cancellations that are effective during the applicable billing period. In addition, note that Account upgrades may result in additional charges. If you downgrade or deactivate your Account, we do not guarantee that your Content and Data (each as defined below) will be saved. It is your sole responsibility to backup and save your Content and Data.
7. Use of the Platform
The Service may only be used for certain activities.
Subject to your compliance with the Agreement, we grant you a limited, revocable, personal, non-exclusive, non-sublicenseable and non-transferable license to access, use, and display the data, information, software, graphics, and other content (collectively “Materials”) accessible on the Website and, if applicable to the features available to your account, to access and use the Service. If the features available to your Account permit you to use the API, then subject to your compliance with our API documentation (“Documentation”) and the terms of this Agreement, including, without limitation, your payment of all applicable fees, we hereby grant you an additional limited, revocable, non-transferable, non-exclusive, non-sublicensable license to access and use the API and the Documentation for the sole purpose interfacing with the Service and provide Materials to your web-based applications, mobile applications, or other permitted developments (each a “Customer Application”). The Platform may only be used for commercial real estate spaces, including mixed-use spaces, subleases and coworking spaces, and sales, leases, promotions and communications regarding those spaces. You may not use the Platform for properties that are zoned for residential purposes or for timeshares or vacation rentals. You may not: (a) rent, lease, lend, sell, redistribute, reproduce or sublicense access to the Platform, (b) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any part of the Platform, (c) use the Account, username, or password of another user at any time, allow any other person to use your Account or provide your passwords to any other person or entity other than as permitted under the terms of your Account, (d) attempt to gain unauthorized access to Any portion of the Platform or any other Accounts, (e) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, or (f) interfere with or disrupt the Platform. You may not use RealMassive’s API or other media, unless you are a RealMassive authorized developer. To become a developer, contact us here to complete an application. You may not exploit the Service in any unauthorized or unlawful way. If the above restrictions are prohibited by applicable law or by one of our license(s), then the activities are permitted only to the extent necessary to comply with the law or licenses. You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up have to pay as a result of your violation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
You acknowledge and agree that your use of the API may be subject to volume and other restrictions imposed by us from time to time. We may monitor your use of the API to ensure quality, improve our products and services, and verify your compliance with this Agreement and the Documentation.
Each Customer Application must maintain 100% compatibility with the Platform. If any Customer Application implements an outdated version of the API you acknowledge and agree that such Customer Application may not be able to communicate with the Platform. You understand that we may cease support of old versions of the API.
From time to time RealMassive may invite you to try, at no charge and on a temporary basis, new RealMassive products or services (“Beta Services”). You may accept or decline any such trial in your sole discretion. Any Beta Services will be clearly designated as beta, pilot, limited release, developer preview, non-production or by a description of similar import. Beta Services are provided for evaluation purposes, may contain bugs or errors, and may be subject to additional terms that shall be provided by RealMassive. RealMassive has the right to begin charging fees for, modify or discontinue Beta Services at any time in its sole discretion and may never make them generally available.
8. Our Rights Regarding The Platform and App
We reserve all rights in the Platform and App not granted to you. We can use your Feedback.
With the exception of Content provided by users or other licensors, unless otherwise specified in these Terms, all elements of the Platform and App are our sole property, Copyright © 2015 RealMassive, Inc. We reserve all rights in and to the Platform, App and all related intellectual property not expressly granted under this Agreement. If you submit comments, suggestions, or other feedback regarding the Platform and/ or App (collectively, “Feedback”) through any form of communication, you agree that such Feedback is not confidential. You hereby assign all right, title and in, and we are free (but have no obligation) to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose.
You grant us a license to use the Content you provide. You make certain promises regarding Content and spaces. We own Data we collect from your use of the Platform and App.
Prohibitions Regarding Content. By posting, submitting or transmitting any Content, or by directing or authorizing us to collect your Content from websites to which you have directed us, you represent and warrant to us that: (a) any information contained in your Content is not known by you to be false, inaccurate, or misleading; (b) your Content is not malicious, defamatory, obscene, pornographic, abusive or threatening, or promotes illegal or immoral activities; (c) your Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; (d) your Content does not contain any information that you consider confidential, proprietary, or personal; (e) your Content was not provided by, and is not owned by, CoStar Realty Information, Inc., (f) you have full right and authority to submit, post, input, or upload your Content; and, (g) the posting and sharing of your Content via the Platform does not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secrets, moral rights, contract rights or any other rights of any person or entity or otherwise constitute the breach of any agreement with any other person or entity.
Additional Requirements for Spaces. In order to promote the quality of spaces and foster a healthy online real estate community, RealMassive does not permit the posting of inaccurate or unauthorized spaces on the Platform including, but not limited to (a) spaces at incorrect or undeliverable addresses, (b) unauthorized use of photos within spaces, (c), spaces that are known to be off-market, and (d) spaces that include an incorrect price, description or other incorrect attribute.
Data. You acknowledge that RealMassive owns all right, title, and interest in and to any data that is collected by us based on your use of and interaction with the Platform and/or App, such as user behavior (“Data”). RealMassive may use such Data for any lawful purpose without a duty of accounting, including without limitation (a) in order to provide the Platform to you and others, (b) as necessary to develop, monitor and improve the Service, (c) to conduct routine security inspections and prevent unauthorized use of the Service, and (d) to collect, develop, create, extract or otherwise generate statistics and other information and to otherwise compile, synthesize and analyze such Data, provided that RealMassive agrees that it will not use the Data in any manner in which you would be identified and other than as provided in these Terms, will not review or publicly disclose the confidential and proprietary documents and information you generate using the Service.
Consent Decree. Please be advised that RealMassive is a party to a Consent Decree entered on March 3, 2016 in connection with the settlement of litigation with CoStar Realty Information, Inc. You may review the terms of the Consent Decree here. Please refrain from making any Content submissions or uploads that you believe would be contrary to the terms of the Consent Decree.
10. Third Party Offerings
The Platform may provide access to third party offerings. We are not responsible for these third parties.
Aside from providing a database of commercial real estate spaces and connecting you with other users, the Platform may provide access to third-party websites or allow you to obtain spaces and certain other information concerning third-party product and service providers, such as real estate agents, brokers, title companies, lenders, and other real estate professionals (“Service Providers”). RealMassive is not responsible for the availability of these Service Providers or their offerings, including for any products or services you may obtain by contacting any of them as a result of your use of the Platform. We make no guarantees regarding the fees, terms, or services offered or made available by Service Providers. RealMassive does not guarantee that quotes, fees, terms, or services offered by Service Providers are the best available. Use of Third-Party Services may require you to accept additional terms of service. You agree to comply with any such terms. Further, information you make available to Service Providers is subject to the privacy policies of such third parties. RealMassive does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any products or services that they may provide to you and that RealMassive shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. RealMassive urges you to obtain the advice of financial advisors, real estate agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any decisions regarding real estate. You acknowledge and agree that you rely solely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers. RealMassive does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Service Provider.
11. Fees and Payment
If you access premium features of the Service, you agree to pay us fees.
Applicable fees for Pro Accounts, Business Accounts, Enterprise Accounts and Project Atlas Accounts (“Subscription Fees”) and premium features (“Premium Feature Fees”). Subscription Fees and Premium Feature Fees are collectively referred to as “Fees”. If applicable, you agree to pay all Fees and other charges to your Account based on our fees, charges, and billing terms in effect as shown on the Website at the time such charges are incurred. If you opt for monthly billing, you hereby authorize RealMassive to charge the credit card (or other electronic payment method) on file for all Fees as follows (a) Subscription Fees will be paid each month, in advance, and (b) the Premium Feature Fees will be paid on an as-incurred basis. If you desire to pay on an annual or bi-annual basis, please contact us to set up invoicing. All invoices are due net 30. All Fees are due and payable in U.S. dollars, non-refundable (except to the extent set forth herein) and are exclusive of applicable sales, excise, use or similar taxes. You must pay all such taxes directly or to us, as required by applicable law. Should any Fees not be paid when due, RealMassive may (at its discretion and in addition to other remedies it may have) suspend your access to the Platform. We understand that you might cancel your Account, but please know that we will not provide any refund and you will be responsible for paying any balance due on the Account. To make things less complicated, You agree that we may charge any unpaid Fees to your provided payment method and/or send you a bill for such unpaid Fees.
12. System Maintenance
The Service may not be available during maintenance.
During scheduled system maintenance, elements of the Platform may be unavailable. Emergency maintenance may be required in the event of system failure. We make no guarantees about Platform uptime.
13. Mobile Application Terms
If you download our Apps, additional terms will apply.
If you download one or more of our Apps for a smart phone, tablet or other mobile device, you explicitly agree to the following terms, and the terms of any End User License Agreement (“EULA”), if any, that may be offered by RealMassive. If the App does not have a EULA, RealMassive hereby grants you a non-exclusive, revocable, non-sublicenseable, non-transferable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by You, for Your personal use in connection with the Service only and subject to the terms of this Agreement. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms of this Agreement will apply to all such upgrades. Standard carrier data charges may apply to Your use of the Mobile Application.
Acknowledgements Regarding Marketplace Providers. You understand that this Agreement is between you and RealMassive and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any other provider of a mobile application marketplace and that RealMassive (not the marketplace provider) is responsible for the App. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER PERSON OR ENTITY MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You acknowledge that marketplace providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that such providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or the Service or your use thereof infringes intellectual property rights. You agree to comply with, and your license to use any App is conditioned upon your compliance with the marketplace provider’s terms and conditions.
iOS-Based Devices. The following terms only apply if you install the App on any iOS-based device. If you are using the App on an iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions (the “Usage Rules”). Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
Android-Based Devices. The following terms only apply if you install the Application on any Android-based device. If you are using the Application on an Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
14. Limitations on Availability
The Platform may not be available at all times and in all locations.
The Platform and App are not available at all times, in all languages or in all geographies. RealMassive makes no representation that the Platform will achieve any particular uptime, or that the Platform is appropriate or available for use in any particular location.
15. Term and Termination
Either of us can terminate this Agreement at any time.
This Agreement is effective upon your using or otherwise accessing the Platform or App. If you register for a Pro Account, Business Account, Enterprise Account or Project Atlas Account, the effective date of your subscription term (“Subscription Term”) occurs upon our acceptance after you indicate your assent to be bound by this Agreement and provide any required information to initiate your Account. IMPORTANT NOTICE: THE DEFAULT SUBSCRIPTION TERM IS MONTHLY AND WILL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE-MONTH PERIODS UNTIL EITHER PARTY PROVIDES THE OTHER WITH THIRTY (30) DAYS’ ADVANCE WRITTEN NOTICE OF ITS INTENT NOT TO RENEW. IF YOU OPTED TO PAY SUBSCRIPTION FEES ON AN ANNUAL OR BI-ANNUAL BASIS, YOUR SUBSCRIPTION TERM IS ONE (1) YEAR OR SIX (6) MONTHS, RESPECTIVELY, AND WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS EQUAL TO THE INITIAL TERM UNTIL EITHER PARTY PROVIDES THE OTHER WITH THIRTY (30) DAYS’ ADVANCE WRITTEN NOTICE PRIOR TO THE END OF THE THEN-CURRENT TERM OF ITS INTENT NOT TO RENEW. In such case, the Subscription Term will terminate at the end of the then-current term. Applicable provisions of this Agreement, however, remain in effect for so long as you continue to use or otherwise access the Website or Services.
This Agreement and your licenses to use the Platform and App will terminate automatically without notice from us if you fail to comply with any terms of this Agreement. Upon termination of the Agreement, all rights granted to you under this Agreement will cease.
16. Collection and Use of Your Information
17. Disclaimers and Limitations of Liability
We disclaim all warranties. Our liability to you is limited.
This section is important – please read it carefully. It limits RealMassive’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.
Disclaimer of Warranties. THE PLATFORM AND APP ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE PALTFORM AND APP, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE PLATFORM OR APP ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Platform or App will meet your requirements or that the Platform or App will be uninterrupted, timely, secure, or error free or that defects in the Platform or App will be corrected. We make no warranty as to the results that may be obtained from the use of the Platform or App or as to the accuracy or reliability of any information obtained through the Platform or App. No advice or information, whether oral or written, obtained by you through the Platform or App or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. EITHER WE NOR OUR AFFILIATES WILL HAVE ANY LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE AMOUNT YOU PAID TO US FOR YOUR USE OF THE PLATFORM, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Consent to Receive Commercial E-mail
You agree to receive commercial emails from third parties and us.
We may need to communicate with you about the Platform or App, and we would like to make certain commercial offers available to you from time to time. AS SUCH, YOU CONSENT TO RECEIVE COMMERCIAL MESSAGES (WHETHER BY PHONE, EMAIL, TEXT OR PUSH NOTIFICATIONS) FROM US OR OUR THIRD PARTY PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY PHONE NUMBERS AND EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES. We will allow you to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Platform), you will need to terminate your Account.
19. Export and Other Restrictions
You agree not to violate export laws. Additional terms apply to government users.
You may not use or otherwise export or re-export the Platform, App or elements of them, except as authorized by United States law and the laws of the jurisdiction in which the Platform or App, as applicable, was accessed or obtained. You also agree that you will not use the Platform or App for any purposes prohibited by applicable law. The Platform, App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
20. Force Majeure
Neither of us will be in breach of this Agreement due to forces beyond our control.
Neither party will be in default for failing to perform any obligation, other than payment of monies, if the failure is caused solely by conditions beyond the parties’ respective control, including acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions.
21. Dispute Resolution; Arbitration
Please Read This Provision Carefully. It Affects Your Legal Rights.
This section of the Terms (this “Provision”) facilitates the prompt and efficient resolution of any dispute (“Dispute”) that may arise between you and us, including any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute by contacting us with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, than you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision contacting us with the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with as through arbitration. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. You or we may initiate arbitration in either Texas or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to Texas so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer. The American Arbitration Association or JAMS will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision. So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. You will still be responsible for all additional fees and costs that you incur in the arbitration, which include but are not limited to attorneys’ fees or expert witnesses.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration.
You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your Account with us or our affiliates and your discontinued use of the Platform and App. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.
22. Governing Law and Venue
Texas law controls this Agreement.
The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the Platform and App. Use of the Platform and App may also be subject to other local, state, national, or international laws, and you are responsible for complying with any such applicable laws. In the event that the arbitration provision above is found not to apply to You or Your claim, the exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Travis County, Texas, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
23. Interactions with Other Users
We are not liable for your interactions with other users.
You are solely responsible for your interactions and transactions with other users of the Platform. You agree to look solely to such other users for any claim, damage or liability associated with any communication or transaction via the Platform. YOU EXPRESSLY WAIVE AND RELEASE REALMASSIVE FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY OTHER USER OR THIRD PARTY, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY. YOUR SOLE REMEDIES WITH RESPECT THERETO SHALL BE BETWEEN YOU AND THE APPLICABLE USER OR OTHER THIRD-PARTY. RealMassive reserves the right, but has no obligation, to monitor disputes between users.
We may assign this Agreement. You cannot assign it unless you get our permission.
We may freely transfer or assign this Agreement and any of our rights or obligations. You may not transfer or assign this Agreement or any of your rights or obligations, by operation of law or otherwise, without our prior written consent, and any attempt to do so will be null and void.
This is how to interpret this Agreement.
This Agreement, and any additional terms related to any Account or Premium Features, if any, is the entire agreement between RealMassive and you regarding the Platform and App. Our failure to exercise or enforce any right will not operate as a waiver of such right. Headings and the summaries before each section of this Agreement are provided for convenience and to aid in readability only. These headings and summaries have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
26. Intellectual Property
We own our intellectual property. You may not use our intellectual property unless we give you permission.
“RealMassive” “RealMassive Pro” and all associated logos displayed within the Platform and App are our trademarks (unless otherwise noted). The Content displayed through the Platform and App is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on the Platform and App solely for your own personal use, provided that none of the content is modified and all of RealMassive’s legal legends are retained. You may not “mirror” any content contained within the Platform without the express prior written consent of RealMassive. Except as stated herein, none of the Content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of RealMassive or the appropriate copyright owner. RealMassive does not grant you any licenses, express or implied, to the intellectual property of RealMassive or its licensors except as expressly stated in this Agreement.
27. Copyright Infringement
See our DMCA Policy if you think your copyrighted work is on the Website without your permission.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement please click here for our DMCA Policy and instructions on contacting our Copyright Agent. Please feel free to contact us if you have any questions or concerns regarding our copyright policies.
28. Contacting RealMassive
For questions or comments regarding the Terms of Service, please contact us through our website.
You may also contact us by mail at the following address:
3736 Bee Caves Rd.
West Lake Hills, TX 78746