DISCLAIMER - describes the terms on which RealBiz360.com offers access to our web site, whether or not you sign up to use the RealBiz360.Com Web Hosting and Virtual Tour Services.
ACCEPTABLE USE POLICY - governs your use of our web site, whether or not you have consented to the Agreement.
AGREEMENT FOR USE: is a legally binding contract, which you must enter into in order to be eligible to use the RealBiz360 Services.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
RealBiz360 will make commercially reasonable efforts to provide continuous, uninterrupted, expedient, and error-free Service to you. Under no circumstances shall RealBiz360 be liable to you or any other person for any special, incidental, consequential, or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement Services. RealBiz360's liability for damages in regards to extraordinary and unreasonable interruptions of service, or for mistakes, omissions, delays, errors and defects (including, but not limited to, interruption of service, deletion of files, loss of or damage to data, and damages resulting from computer viruses) in the provision of the Services, shall in no event exceed an amount equal to the prorate charges to you for the period during which the Services are affected. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT REALBIZ360 IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM REALBIZ360.COM OR ITS AFFILIATES AND VENDORS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, REALBIZ360. HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, AND PERFORMANCE. REALBIZ360.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES REALBIZ360 MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY REALBIZ360, ITS EMPLOYEES, LICENSORS, AGENTS OR THE LIKE, WILL CREATE A WARRANTY, AND YOU MAY NOT RELY ON SUCH ORAL ADVICE OR WRITTEN INFORMATION. Through your use of the Services, you may have the opportunities to engage in commercial transactions with other Internet users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. REALBIZ360 MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
BEFORE YOU USE OR ACCEPT THE WEB HOSTING OR IMAGING SERVICES PROVIDED BY REALBIZ360.COM, AND IN ORDER TO CONTINUE THE USE OF THESE SERVICES, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INPUTTING SUBSCRIBER INFORMATION, REGISTERING, OR ACTIVATING YOUR WEB HOSTING ACCOUNT, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INPUT SUBSCRIBER INFORMATION, REGISTER, OR ACTIVATE YOUR ACCOUNT.
ACCEPTABLE USE POLICY
RealBiz360 shall bear no responsibility or liability for the content of any web page hosted by RealBiz360. RealBiz360 does not pre-screen, review or monitor the data, information or other materials that appear on the web pages hosted by RealBiz360. Any opinions or views espoused on any web page hosted by RealBiz360 does not necessarily reflect the opinions or views of RealBiz360. As the author of any and all web pages hosted by RealBiz360, the user is fully and solely responsible and liable for the contents of all such web pages.
ANY AND ALL REALBIZ360 SERVICES PROVIDED SHALL BE USED FOR LAWFUL PURPOSES ONLY AND SHALL NOT BE USED BY ANYONE TO POST, PROPAGATE, DISTRIBUTE, PUBLISH, HOUSE, STORE, SOLICIT, PROCESS, TRANSMIT OR OTHERWISE HANDLE ANY OF THE FOLLOWING:
(1) Obscene Material, which includes, without limitation, any material that is lewd, pornographic, profane, indecent, sexually explicit, obscene, excessively violent, filthy, depraved, or in any other manner offensive;
(2) Discriminatory or Harassing Material, which includes, without limitation, any material that is discriminatory or harassing in any manner, whether based on race, gender, age, national origin, religion, sexual orientation, marital status, disability or any other basis, or any material that is otherwise harmful, offensive, threatening, abusive, embarrassing, distressful, insulting, vulgar, hateful, disparaging, or otherwise objectionable and in violation of all applicable laws;
(3) Defamatory Material, which includes, without limitation, any material that is disparaging, slanderous, libelous, or otherwise defamatory and in violation of all applicable laws;
(4) Fraudulent Material, which includes, without limitation, any material that consists of fraudulent data or information that the user believes or has reason to believe is false and is intended to be relied upon by others;
(5) False Advertising, which includes, without limitation, any advertising, marketing or promotional data, information or materials that contain any deceptive, misleading and/or false representations, statements, claims, assurances, or messages;
(6) Violations of Intellectual Property Rights Material, which includes, without limitation, any material that infringes upon another's intellectual property rights, including copyright, trademark, trade secret, trade dress, patent, service mark or any other electronic or intellectual property right belonging to another person or entity;
(7) "Spam", which includes, without limitation, transmitting unsolicited mail to another person or entity, including unsolicited commercial e-mails and mail bombing large volumes of unsolicited mail to another individual or entity;
(8) Systems Abuse, which includes, without limitation, abuse of RealBiz360 's hosting servers, attacks on servers, mail bombs, hack attacks, port scanning or probing, materials, conduct or activity that invades any third party's right to privacy, or harmful materials, conduct or activity that prevent other users from effectively using the system;
(9) Illegal Material, which includes, without limitation, any material that is illegal, encourages illegal activity or in any manner violates any international, federal, state or local laws or regulations;
(10) Unacceptable Material, which includes any conduct, data, e-mail, information,
content or activity that RealBiz360, in its sole and absolute discretion, deems to be unacceptable use of the Services provided by RealBiz360.
RealBiz360 reserves the right to suspend and/or terminate the user's account and Services provided by RealBiz360 (subject to any applicable fees and charges, including termination fees, as specified in the Customer Agreement) if it determines, in its sole and absolute discretion, that the user is in violation of this Acceptable Use Policy, the terms and conditions of the Customer Agreement and/or the Order Form(s) submitted by the user, and shall report any illegal activity to the appropriate authorities.
You are responsible for any misuse of your account, even if a friend, family member, guest, or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of RealBiz360.com. This includes, but is not limited to, attempting to access data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Users who violate systems or network security may incur criminal or civil liability. RealBiz360 will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
This Customer Agreement is made effective upon completion and submission of this form, by and between RealBiz, L.L.C., a Nevada Limited Liability Company, with a business address of, #613, 14175 W Indian School Road STE B4, Goodyear Arizona , 85338-8494 and Website, with an address of www.RealBiz360.com (hereafter referred to as "RealBiz360"); and an Independent Agent with the business address previously stated in this form, (hereinafter referred to as "User").
This Customer Agreement ("Agreement") is a legally binding agreement between RealBiz, LLC and the customer purchasing any product(s) and/or service(s) from RealBiz360 (collectively referred to as
"Services"), as reflected in the order form(s) ("Order Form") submitted by the customer ("Customer" or
"You"). This Agreement details the terms and conditions for the purchase of any Services from RealBiz360. You should read this Agreement carefully as the terms and conditions of this Agreement must be accepted prior to the activation of any RealBiz360 Services. By clicking on the
"I accept" button below, You are acknowledging that You have fully read, understood and agree to be bound by the terms of this Agreement and all terms and conditions incorporated by reference in this Agreement, including the Acceptable Use Policy, and the Cancellation Policy and Order Form(s) submitted by You.
You must be at least eighteen (18) years of age to order any Services from RealBiz360 and enter into this Agreement. By accepting this Agreement, You represent that you meet this age requirement and are legally able to enter into this Agreement. Minors whom use any Services are required to have parental or guardian consent to do so. You agree that you are responsible and liable for all charges posted to your account. You agree to pay all sales and use taxes, duties or levies that are required by law, as well as any attorney and collection fees arising from efforts to collect any unpaid balance on your account.
RealBiz360 may modify this Agreement, the terms, conditions, and charges for the Services, and the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the RealBiz360 Home Page, or by a message from RealBiz360 sent by electronic mail, or by conventional mail. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification.
Fees and Payment
You agree to pay all fees and charges, including all set-up/registration and posting fees for any and all Services selected by You in accordance with the terms and conditions of the Order Form(s) submitted by You, which Order Form(s) are fully incorporated herein by reference, and payment shall be due according to the payment plan selected. Payment will be made on a monthly billing cycle, whereby You shall be billed concurrently with the placement of a purchase order for any and all Service(s) selected, in addition to all set-up and/or registration fees, applicable taxes, shipping and handling fees and any other applicable fees and expenses. Recurring charges are billed in advance of the service provided.
Member agrees to have the cost of the initial RealBiz360 Starter Kit and the cost of the on-going monthly service (plus any applicable sales taxes) automatically charged to their credit card. Member understands that this RealBiz360 service is offered solely on an on-going subscription basis and may be cancelled automatically for non-payment. Should the membership expire due to non-payment, the client software will no longer function and the online account and tours will not be accessible. Any tours and account information will be retained for 60 days after the expiration or cancellation of an account. A $99.00 reactivation fee will be charged to reactivate the account,
In addition to any outstanding fees and charges.
A $20.00 late fee will apply to any account past due more than ten (15) calendar days from the due date. RealBiz360 reserves the right to revise, amend or otherwise modify the terms of the Services and/or rates and fees charged for the Services upon written notice to you, by delivery specified under the Notice provision of this Agreement.
Member Account Usage
A single agent membership agreement permits one agent to create an unlimited number of tours for their own personal listings, tours for their buyers, or neighborhood tours. Posting of tours other than the agent's own tours (i.e. office tours, tours for other agents, multiple agent teams, etc.) shall be cause for immediate cancellation of this agreement.
The software can be installed on three separate computers owned and operated by the RealBiz360 member: Laptop, Home and Office Computers.
An agent team membership allows more than one agent working together as a team to create tours for their listings. A team is defined as more than one agent that markets their services collectively (i.e. The Brown Team, or Janet and Tom Williams). Member may add or remove team members to the subscription for an additional fee. Posting of tours other than the agent teams own tours (i.e. office tours, tours for other agents, etc.) shall be cause for immediate cancellation of this agreement. Additional Agent Team members are defined as non-administrative personnel.
Cancellation of Services
This Agreement may be terminated at any time by either party upon thirty (30) days written notice, with or without cause, and the right of termination shall not be restricted in any way or manner, except in a writing executed by both parties. The termination shall become effective 30 days from the date of termination. In the event this Agreement is terminated for any reason, then User shall be obligated to pay in full to RealBiz360 any monies owed for its services rendered up through the date of termination.
In the event that a ruling, regulation, or order issued by a judicial, legislative or regulatory body causes RealBiz360 to believe that this Agreement and/or the Services provided hereunder, may be in conflict with such rules, regulations, or orders, RealBiz360 may suspend or terminate the Services, or terminate this Agreement, without liability. Cancellation Charges: RealBiz360 does not refund charges for unused service. If you fail for fifteen (15) days to pay any charge when due, including, but not limited to, product charges, service charges, or taxes, or if you fail for fifteen (15) days to perform or observe any other material term or condition of this Agreement, or, immediately, if you provide false or inaccurate information which is required for the provision of the Services or is necessary to allow RealBiz360 to bill you for the Services, and such condition continues unremedied for thirty days, you shall be in default and RealBiz360 may suspend or terminate the Services. You may not assign your account for Services to anyone without the express written consent of RealBiz360.
You agree to indemnify and hold RealBiz360 harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for all damages, including without limitation injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Services, except to the extent that such Liabilities arise from the willful misconduct of RealBiz360. You agree to indemnify RealBiz360, its affiliates and subsidiaries, in the event that your use of the Services (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, (iv) violates RealBiz360 's Acceptable Use Policy as it is modified from time to time, or (v) interferes with other customers' use or enjoyment of the Services provided by RealBiz360. You agree to indemnify RealBiz360, its affiliates and subsidiaries for any tax caused by your use of the Services, for which you are responsible hereunder, which you fail to pay.
Proprietary and Intellectual Property Rights
The Services provided by RealBiz360 may provide the Member with access to proprietary data, information and materials, including without limitation, software, know-how, techniques, methodologies, ideas, concepts, and processes, that are protected by copyright, trademark, patent and other applicable laws protecting electronic and intellectual property rights. This Agreement does not grant to Member, whether expressly, by implication, estoppels or otherwise, any rights or license(s) with respect to any confidential information or any patent, trademark, copyright, design, logo, graphics, mask work right, computer software, invention, discovery, improvement made or any other electronic and/or intellectual property right now or hereafter owned by RealBiz360. All confidential information, proprietary information, title, patents, patent rights, copyrights, mask work rights, trade secret rights, electronic and other intellectual property rights that Member may work with or have access to during the entire duration of this Agreement, and all subsequent renewals of this Agreement, are and shall remain the exclusive and sole property of RealBiz360. Member shall take all reasonable steps to secure, protect and maintain the confidentiality of all intellectual and proprietary rights of RealBiz360 at all times, and shall maintain such obligation in perpetuity, irrespective of the existence of the Agreement.
License Grant to RealBiz360
Customer hereby grants to RealBiz360 a non-exclusive, royalty-free right and license for the term of this Agreement, and any subsequent renewals, to edit, modify, translate, adapt, publish, reproduce, distribute, display, access and otherwise use the data, information, materials and other content displayed on Customer's website as RealBiz360 deems necessary and/or appropriate, including, without limitation, in order to perform and service Customer under the terms of this Agreement and Order Form(s). Customer further expressly: (1) grants to RealBiz360 a license to cache data, information or other materials distributed or made available for distribution on Customer's website via the Services hosted by RealBiz360, including content supplied by third parties, and (2) agree that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.
All domain name registration is done on the Member's behalf. RealBiz360 shall bear no responsibility or liability in any manner or capacity for any domain name registered at the Member's request.
You shall not use RealBiz360 's name or any language, pictures or symbols which could, in RealBiz360's judgment, imply RealBiz360 's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, (iii) website, without prior written consent.
RealBiz360 accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner, which impairs network performance, is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. You may not use resource-intensive programs, which negatively impact other customers or the performance of RealBiz360 systems or networks. RealBiz360 reserves the right to terminate or limit such activities.
RealBiz360 shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Third Party Links
Some links in this web site will let the user leave RealBiz360 's site. The linked sites are not under the control of RealBiz360, and RealBiz360 is not responsible for the content available on any other Internet sites linked to the web site. RealBiz360 is providing these links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this web site is at the user's own risk. The inclusion of any link does not imply a recommendation or endorsement by RealBiz360 of the linked site. RealBiz360 is not responsible for the availability of such external sites and resources and is not responsible or liable for any content, advertising products, services, photo, or other materials on or available from such sites or resources. It is up to the user to take precautions to ensure that whatever the user selects for use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.
Any notices in connection with this Agreement must be sent to each party as follows:
To RealBiz360.com: c/o RealBiz360 L.L.C, #613, 14175 W Indian School Road STE B4, Goodyear Arizona , 85338-8494. Email: Notices@RealBiz360.com. To you: Either the e-mail address supplied for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.