Terms of Use

REAL CONTACT TERMS OF USE

LAST UPDATED: June 21, 2017

The website www.realcontact.com (the “Site”), the Real Contact desktop and mobile applications (the “Applications”), the customer service-related concierge services and the various other related features, functions, software, applications, websites and networks (collectively, the “Services”) are provided and operated, and are being made available to your organization (the “Organization”) and you and the other users of the Site, the Applications and the Services (collectively, “Users”) by Real Contact, LLC (“Real Contact”). All defined terms used herein shall have the meanings prescribed to in these Terms of Use (the “Agreement”)

BY CLICKING “I AGREE”, BY DOWNLOADING, USING (THROUGH SMS OR OTHERWISE), CONFIGURING OR ACCESSING THE SITE, THE APPLICATIONS OR THE SERVICES, OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT FOR AND ON BEHALF OF YOURSELF AND YOUR ORGANIZATION, AND ARE DOING SO, (B) YOU AND YOUR ORGANIZATION CAN LEGALLY ENTER INTO THIS AGREEMENT AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU, THE ORGANIZATION AND EACH USER SHALL BE BOUND BY THIS AGREEMENT OF SERVICE AND REAL CONTACT’S PRIVACY POLICY (HTTP:// WWW.REALCONTACT.COM/PRIVACY/) (THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THIS AGREEMENT OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SITE, THE APPLICATIONS OR THE SERVICES.

This Agreement, as modified or amended as set forth herein, will continue until terminated by either party.

Use of Services

To access and use the Site, the Applications and the Services, you must be at least 18 years of age. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You agree not to use the Services, the Applications or the Site for any unlawful or abusive purpose or in any way which interferes with our ability to provide the Services, the Applications and/or the Site to the Users, or damages our property. You agree that your use of the Services, the Applications and the Site is subject to all applicable local, state, national and international laws, rules and regulations.

You also agree not:

  • to host, submit content to or use the Site, the Applications or the Services without the consent of a parent, guardian or educational supervisor if you are under the age of 18 (a “Minor”);

 

  • to use any robot, spider, scraper or other automatic device, process or means to access the Site, the Applications or the Services for any purpose without Real Contact’s express written permission;

 

  • to use the Site, the Applications or the Services for any commercial purposes that are expressly permitted by this Agreement;

 

  • to take any action that imposes or may impose (in Real Contact’s sole discretion) an unreasonable or disproportionately large load on our infrastructure;

 

  • to upload or transmit viruses or other harmful, disruptive or destructive files;

 

  • to submit any property information that is false or misleading;

 

  • to disrupt, interfere with, or otherwise harm or violate the security of the Services, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services;

 

  • to decipher, decompile, disassemble, reverse engineer, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Site, the Applications or the Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);

 

  • to make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users of the Site, the Applications or the Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures); and

 

  • to use the Site, the Applications or the Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment.


Privacy

Your privacy is important to Real Contact. Our goal is to make the Site, the Applications and the Services as good, useful and rewarding for you as possible. In order to do that, Real Contact may collect and process information from you when you use the Site, the Applications and the Services. Real Contact will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing and using the Site, the Applications and the Services, you agree that Real Contact may collect, use and disclose, as set forth in the Privacy Policy, the information you provide during your access to or use of the Site, the Applications and the Services, and in some cases information that is provided to the Site, the Applications and the Services by other parties.

Additional Policies

When using the Site, the Applications and the Services, you may be subject to additional posted policies, guidelines or rules applicable to the Site, the Applications and Services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into this Agreement.

License Grant

Subject to your compliance with all the terms and conditions set out in this Agreement, Real Contact hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license during the term of your agreement with Real Contact to (a) to install and use the Applications on your computers and mobile and other devices and (b) to access and use the Site and the Services as contemplated herein.

Any software that Real Contact provides you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

How the Services Work

Real Contact is a 24/7 concierge service for real estate agents, brokerage professionals, mortgage professionals, insurance agents, automotive dealers, hospitals, restaurants, financial services attorneys, contractors, property management firms, and any other professionals or entities who might require the Services. When a prospective client, specific to the relevant industry reaches out to a professional on a website, third party platform, via a physical sign, or direct to their phone, Real Contact concierges respond to that prospect within 90 seconds (or as soon as possible depending on network traffic), 24 hours a day, 7 days a week. Leads flow through the Real Contact system via direct text or from forwarding lead emails to the Real Contact platform. Our concierges ask the agents questions on their behalf either via SMS or email. Real Contact concierges then pass that lead along to the appropriate professional who continues the conversation with that prospect. Follow up functionality is likewise provided whereby our clients can schedule text-messages/emails to their leads to be sent out in the future.

Your Account

In order to obtain access to certain Services, you may need to register by creating an account with Real Contact. If you choose to create an account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will be asked to provide your email address and create a password (a “Password”). Access to the Services is not authorized by any other person or entity using your email address and Password and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Real Contact may not register for an account, nor may you designate any of those individuals to use your account on your behalf. You are solely responsible for any and all access to the Services by persons using your email address and Password. Please notify us immediately if you become aware that your email address and Password are being used without authorization. Although it is Real Contact’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You acknowledge and agree that Real Contact will not be liable for any missed leads or opportunities due to such interruptions in the Services.

You may cancel or terminate your Password, account and/or use of any Services, with or without cause at any time, by providing written notice to Real Contact via email at hello@realcontact.com. Real Contact reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site, the Applications or any of the Services. Real Contact also reserves the right, in its sole and absolute discretion, at any time and with or without prior notice to you, to suspend, cancel, transfer, or terminate your Password, account, and/or use of any Services for any reason whatsoever.

Prevention of Unauthorized Use

Real Contact reserves the right to exercise, in its sole and absolute discretion, whatever lawful means it deems necessary to prevent unauthorized use of the Site, the Applications or the Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Service Plans and Fees.

Real Contact offers various service plans with different features and subscription terms for the Services (the “Service Plans”).

Subject to any free trial period, you may elect to access and use the Services for yourself and other Users, by selecting one of the Service Plans. You may also cancel or upgrade or downgrade the Service Plan. By selecting one of the Service Plans, you agree on behalf of yourself and your Organization to the terms and conditions associated with such Service Plan, including the applicable pricing and the subscription term of such Service Plan.

All fees (the “Fees”) associated with the Service Plans shall be automatically charged to a credit card and paid in U.S. dollars. Real Contact reserves the right to increase any such Fees at any time upon reasonable notice posted in advance in accordance with the Section “Modifications” below. Any such increase shall apply after the then current subscription term ends.

When you sign up for any Service Plan, you will provide a credit card number and agree that Real Contact may bill your credit card for the Fees, renewals and any related taxes. In making payments, you acknowledge that you are not relying on future availability of any Service Plans beyond the current subscription term or any upgrades or feature enhancements. If you change your Service Plan, Real Contact will charge for the difference between your current Service Plan and your new Service Plan. If, in a given month, your usage of the Services exceeds the scope of Services allotted for your current Service Plan, you acknowledge that your Service Plan will automatically be upgraded to the next highest Service Plan for that given month, and your credit card will be automatically billed accordingly. The following month, your Service Plan will return to the level to which you were subscribed prior to the overage.

You agree to pay all Fees in accordance with the applicable terms and conditions. Payments or payment processing for the Fees may be handled by Real Contact or unaffiliated third parties (e,g., companies that provide credit card processing services) (“Third Party Processors”).

In addition, to the extent that any sales, use or other similar taxes are payable by Real Contact or Third Party Processor in connection with the Service Plan selected by you, you agree to pay to Real Contact or such Third Party Processor the amount of such taxes in addition to any other amounts owing for such Service Plan.

The subscription term of all Service Plans will automatically renew for periods equal to the initial subscription term (and charged at the then-current rates) unless the subscription is cancelled or a different Service Plan with a different subscription term is selected. If the subscription is terminated, it will terminate at the end of the then-current month, but there will not be any credits or refunds for amounts accrued or paid prior to such termination unless required by law.

Real Contact may change, modify, or eliminate any Service Plan at any time, with or without notice. You agree that Real Contact will bear no liability to you or any third party if Real Contact does so.

ALL FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THE APPLICABLE TERMS AND CONDITIONS UNLESS REQUIRED BY LAW.

Modification

Real Contact reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time by posting the amended terms to the Site, the Applications or the Services. If Real Contact updates this Agreement, it will update the “last updated” date at the top of this Agreement. Please check this Agreement, including any Policies, periodically for changes. Your continued use of the Site, the Applications or the Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to this Agreement materially modifies your rights or obligations (including applicable fees), Real Contact will make reasonable efforts to notify you of such change. Real Contact may provide notice through a pop-up or banner within the Site or Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed terms materially modify your rights or obligations, Real Contact may require you to provide consent by accepting the changed terms. If Real Contact requires your acceptance of the changed terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Real Contact, such amended terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on the Site, the Applications or the Services. IF AT ANY TIME YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE, THE APPLICATIONS AND THE SERVICES.

To the extent that any modifications to this Agreement or Policies are not allowed under applicable laws, the prior most recent version of this Agreement or Policies shall continue to apply.

Digital Millennium Copyright Act

It is Real Contact’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Real Contact’s DMCA Notification Guidelines at http://www.RealContact.com/DMCA/. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). Real Contact reserves the right to terminate without notice any User’s access to the Services if that User is determined by Real Contact to be a “repeat infringer.” In addition, Real Contact accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

Third Party Sites

The Site, the Applications and the Services may include links or references to other web sites or services (“Third Party Sites”) solely as a convenience to Users. Real Contact does not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, the Applications or the Services are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites are solely at your own risk.

Mobile and Data Charges

You are responsible for any mobile and data charges that you may incur for using the Site, the Applications and the Services, including text-messaging. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

NO WARRANTIES

THE MATERIALS AND CONTENT CONTAINED IN THE SITE, THE APPLICATIONS AND THE SERVICES ARE PROVIDED “AS IS.” REAL CONTACT, THROUGH AND TOGETHER WITH ITS DIRECTORS, MANAGERS, OFFICERS, STOCKHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND AFFILIATED ENTITIES (COLLECTIVELY, THE “COMPANY AFFILIATES” AND EACH, A “COMPANY AFFILIATE”) MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT OR SERVICES WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. THE COMPANY AFFILIATES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE, THE APPLICATIONS, THE SERVICES, OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE COMPANY AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE APPLICATIONS, THE SERVICES OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT REAL CONTACT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CURRENT TENANTS AND/OR FUTURE RENTERS AND/OR LANDLORDS, NOR IS REAL CONTACT A REAL ESTATE BROKER, AGENT OR INSURER. REAL CONTACT HAS NO CONTROL OVER THE CONDUCT OF ANY OF THE FOREGOING PERSONS OR OTHER USERS OF THE SERVICES OR THE CONDITION, LEGAILITY OR SUITABILITY OF ANY PROPERTIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANY COMPANY AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY COMPANY AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE PROVISION OF SERVICES BY REAL CONTACT. IN NO EVENT WILL REAL CONTACT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, THE APPLICATIONS OR THE SERVICES OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU (OR ON YOUR BEHALF), IF ANY, TO REAL CONTACT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR TEN DOLLARS, WHICHEVER IS GREATER. YOU AND REAL CONTACT AGREE THAT THIS SECTION, “DISCLAIMER AND LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND REAL CONTACT. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, REAL CONTACT WOULD NOT PROVIDE THE SITE, THE APPLICATIONS OR SERVICES TO YOU. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AFFILIATES, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, THE APPLICATIONS OR THE SITE, OR (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING INDEMNIFICATION OBLIGATIONS.

NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY THE COMPANY AFFILIATES.

Release for Disputes between Users

If you have a dispute with any other Users or other third parties, you release Real Contact and the other Company Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Ownership of the Site and its Content

The Site, the Applications and all information, materials and content available on the Site or the Applications, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics (collectively, “Real Contact Content”), is the property of Real Contact and/or certain third-parties. Nothing contained on the Site or the Applications should be construed as granting, by implication or otherwise, any license or right to use any of the Real Contact Content without the written permission of the party that owns the Real Contact Content, whether it be Real Contact or a third party.

Links to Other Sites and Materials.

The sites or services linked to the Site or the Applications (the “Third Party Sites”), if any, are not necessarily under the control of Real Contact and Real Contact is not responsible for the content of any SUCH Third Party Site. Any links included in the Site have been selected by Real Contact for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to the Site or the Applications, you do so entirely at your own risk.

User Content Disclaimer

You understand that when using the Site, the Applications or the Services you may be exposed to pictures, audio and video recordings, text, data, information and other input or any other content linked, posted, and/or submitted by you or other Users, in each case whether or not made available to other Users (“User Content”) from a variety of sources, and that Real Contact is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to any such User Content. You further understand and acknowledge that you may be exposed to User Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Real Contact with respect thereto. Real Contact does not endorse any User Content and other material or any opinion, recommendation or advice expressed therein, and Real Contact expressly disclaims any and all liability in connection with User Content and other materials. If notified by a User or a content owner of any User Content or other content or materials that allegedly do not conform to this Agreement, Real Contact may investigate the allegation and determine in its sole discretion whether to remove the User Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, Real Contact does not permit copyright infringing activities on the Site, the Applications or the Services.

Dispute Resolution

If a dispute arises between you and Real Contact, the goal is to provide you with a neutral and cost effective method of resolving the dispute quickly. Accordingly, you and Real Contact agree that any dispute, claim or controversy at law or equity that arises out of this Agreement, the Site, the Applications or the Services (a “Claim”) will be resolved in accordance with this Section “Dispute Resolution” or as Real Contact and you otherwise agree in writing. Before resorting to these dispute methods, Real Contact strongly encourages you to first contact Real Contact directly to seek a resolution.

Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law applicable to conflicts of law. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE APPLICATIONS OR THE SERVICES.

ARBITRATION AND CLASS ACTION WAIVER.

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

Arbitration. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND REAL CONTACT (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE APPLICATIONS OR THE SERVICES, INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND REAL CONTACT HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND REAL CONTACT WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You may bring claims only on your own behalf.

Neither you nor Real Contact will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST REAL CONTACT INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Real Contact is a party to the proceeding.

This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Real Contact or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.

Judicial Forum for Disputes. In the event that the agreement to arbitrate under this Section is found not to apply to you or your claim, you and Real Contact agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts of Orange County, California. Both you and Real Contact irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Real Contact may bring a claim for equitable relief in any court with proper jurisdiction.

This arbitration agreement will survive the termination of your use of the Site, the Applications or the Services or your relationship with Real Contact.

Improperly Filed Claims. All claims you bring against Real Contact must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Real Contact may recover attorneys’ fees and costs up to $15,000, provided that Real Contact has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Prevailing Party. In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to this Agreement, the Privacy Policy, the Site, the Applications or the Services, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PRIVACY POLICY, THE SITE, THE APPLICATIONS, THE SERVICES, ANY CONTENT OR YOUR RELATIONSHIP WITH REAL CONTACT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Notice

Real Contact may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Site, the Applications or the Services. Notice will be deemed given twenty-four hours after email is sent, unless Real Contact is notified that the email address is invalid. Alternatively, Real Contact may give you legal notice by mail to a postal address, if provided by you through the Site, the Applications or the Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site, the Applications or the Services is deemed given 30 days following the initial posting.

Survival

All of the terms of this Agreement, including “Disclaimer and Limitation of Liability,” “Indemnity” and “Dispute Resolution” shall survive the termination of this Agreement or your use of the Site, the Applications or the Services.

General Information

Real Contact may assign this Agreement or all or part of its rights or duties under this Agreement in connection with a merger, or sale of all or substantially all the assets of Real Contact (including the Site and operations) to a third party. You may not assign this Agreement (by operation of law or otherwise) or any of your rights or duties without Real Contact’s prior written consent. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. This Agreement, including the Privacy Policy, constitutes the entire agreement between Real Contact and you with respect to your use of the Site, the Applications, the Services, the Real Contact Content and the User Content, and it supersedes all prior or contemporaneous communications and proposals between Real Contact and you with respect thereto. Real Contact’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Contact Us

Want to sign up? Have any questions? Shoot us an email and we’ll be in touch with you shortly. The Site, the Applications and the Services are offered by Real Contact located at: 2600 Michelson Drive #110, Irvine California, 92612 and by email at: hello@realcontact.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

 

Privacy Policy

LAST UPDATED: June 21, 2017

Real Contact, LLC (“Real Contact,” “RealContact.com”, “RC,” “we,” “our,” or “us”) respects your privacy and is committed to protecting it through our compliance with this privacy policy.

Please note that by visiting or using http://www.RealContact.com (the “Site”), the Real Contact desktop and mobile applications (the “Applications”) and/or the real estate & multi industry related concierge services and the various other related features, functions, software, applications, websites and networks (collectively, the “Services”) provided by Real Contact, you are accepting the practices described in this privacy policy. This privacy policy is incorporated by reference into the Terms of Service (the “Terms”) that govern your use of the Site, the Applications and the Services.

This policy describes the types of information we may collect from you or that you may provide when you access or use the Site, the Applications, the Services or other features, functions, services products and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

  • In accessing and using the Site.
  • In registering to use the Applications and the Services.
  • In accessing and using the Applications and the Services.
  • In e-mail, text and other electronic messages sent through or use of the Site, the Applications and the Services.
  • When you interact with other users of the Applications and the Services.
  • When you send any content through the Site, the Applications or the Services.
  • When you interact with our advertising and applications on third-party websites and services.
  • Through services provided to us by companies, agents or contractors.
  • Through services provided to you by companies, agents or contractors.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Real Contact or any Third party; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site, the Applications or the Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Services, the Applications or the Site. By accessing or using the Services, the Applications or the Site, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Services, the Applications and/or the Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Minors under the Age of 18

Neither the Site nor the Applications are intended for minors under 18 years of age. No one under age 18 may provide any information on or through the Site, the Applications or the Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on or through the Site, the Applications or the Services or any of its features/register on the Site or the Applications, use any of the interactive or public comment features of the Site. the Applications or the Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at hello@realcontact.com.

Information We Collect About You and How We Collect It

We collect or may collect several types of information from and about users of the Site, the Applications and the Services, including:

  • Information by which you may be personally identified, such as name, postal address, mobile number and e-mail address (“personal information”);
  • Financial and billing information;
  • Analytics information;
  • Information that is about you but individually does not identify you, such as IP address and date and time of visit;
  • Information from your device, including contact information, and images and other information from your device’s camera and photos;
  • Usage information, including how you communicate with other users of the Services, the Applications and the Site, such as the time, date, sender, recipient of a picture, the number of messages you exchange with other users, which users you exchange messages with the most, and your interactions with messages (such as when you open a message or capture a screenshot);
  • The content you provide and information about that content, such as if the recipient has viewed the content, replayed the content, and the metadata that is provided with the content;
  • Information contained in the comments and postings on or through the Applications or the Site;
  • Device information such as the hardware model, operating system version, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number);
  • Location information when you use the Applications or the Site; and/or
  • About your internet and mobiles connections, the equipment and operating system you use to access the Services, the Applications and the Site usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through or use the Site, Applications and the Services. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies.
  • From third parties, for example, our customers, business partners and other third parties that provide us or you with certain services.

Certain web transactions may also involve you calling us or our calling you. Please be aware that we may monitor and in some cases record such calls for staff training or quality assurance purposes.

Personal Information Definition

Information You Provide to Us. The information we collect on or through the use of the Services, the Applications or the Site may include:

  • Information that you provide by registering or filling in forms or applications on or through the Applications or the Site. This includes information provided in connection with registering to access and use the Services and the Applications, posting photos, comments and other information or requesting further services or products. We may also ask you for information when you report a problem with the Services, the Applications or the Site.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys and questionnaires that we might ask you to complete for research and marketing purposes.
  • Details of transactions you carry out through the Services, the Applications or the Site, including registration for the Services. You may be required to provide financial or payment information before being able to access certain features and services available through the Applications or the Site.
  • Your search queries on or through the Site, the Applications or the Service.

You also may provide pictures, audio and video recordings, text, data, information and other input or any other content linked, posted, and/or submitted by you or other users to be published or displayed (hereinafter, “posted”) on the Site or the Applications, or transmitted to other users of the Services, the Applications or the Site or third parties (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Services, the Applications or the Site with whom your User Content is shared. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.

Information We Collect through Automatic Data Collection Technologies. As you navigate through and interact with the Services, the Applications or the Site, we use or may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your use of the Services, the Applications or the Site, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the Services, the Applications or the Site.
  • Information about your computer, mobile phone and other devices, internet and mobile connection, including your IP address, operating system and browser type.

The information that we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties or you provide to us. It helps us to improve the Services, the Applications and the Site and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the Applications and the Site according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to the Applications or the Site.


Use of Cookies and Other Tracking Technologies

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.
  • Other Tracking Technologies. In the future, we may use other tracking technologies for automatic data collection.


Third-party Responsibilities and Services

We may use or partner with other third party companies, agents or contractors for various purposes in connection with our business and operations (“Service Providers”), including, billing and payments, relationship building, the marketing and growth of our business and the performance of services on our behalf, such as gathering and analyzing information and the provision of services to you. In the course of performing these responsibilities and providing such services, these other companies may have access to your information. We may also share information, including your information, with these Services Providers in order to enable them to perform these responsibilities and to provide these services. Many Services Providers have adopted their own privacy policies, which are not subject to control by Real Contact. You should always review the policies of these Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your information.


Use of Remarketing with Google Analytics and Google Adwords

The Site may use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to the Site. It could mean that we advertise to previous visitors who haven’t completed a task on the Site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Service Providers, including Google, use cookies to serve ads based on someone’s past visits to the Site. Of course, any data collected will be used in accordance with this privacy policy, Google’s privacy policy or the privacy policy of other remarketing services used by Real Contact.

You can set preferences for how Google advertises to you using the Google Ad Preferences page (http://www.google.com/settings/ads/onweb/), and if you want to, you can opt out of interest-based advertising entirely by cookie settings (http://www.google.com/settings/ads/onweb/) or permanently using a browser plugin (https://www.google.com/settings/u/0/ads/plugin?hl=en).

DoubleClick: We may use Google Analytics remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page (https://www.google.com/settings/u/0/ads/plugin?hl=en) or the Network Advertising Initiative opt-out page (http://www.networkadvertising.org/managing/opt_out.asp).

Google has additional information available about its Remarketing Privacy Guidelines, Policies, and Restrictions on its website.


How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To provide you the Services and the Applications and the content and the other products and services that you request from us.
  • To provide the Site and its contents to you.
  • To process and complete transactions, including registration for the Services, and send you related information.
  • To provide technical and other support to you.
  • To send you promotional communications, such as providing you with information about services, features, surveys, newsletters, offers and events; and providing other news or information about us, our customers and our select partners. You have the ability to opt out of receiving any of these communications through the unsubscribe mechanism at the bottom of the applicable email.
  • To enable Service Providers to perform certain responsibilities and provide certain services in connection with our business and operations.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Services, the Applications or the Site and other products and services we offer or provide though it.
  • To allow you to participate in interactive features on or through the Services, the Applications and/the Site.
  • To personalize the services by, among other things, providing advertisements, content, or features that match user profiles, interests, or previous activities.
  • To enhance the safety and security of the Services, the Applications and the Site and our products and services.
  • To verify your identity and prevent fraud or other unauthorized or illegal activity.
  • To enable marketing, remarketing and similar services from Service Providers, including advertisement on third party websites.
  • To perform targeted and other advertising on third party websites.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may store any information that we collect (personal or otherwise) ourselves or in databases owned and maintained by our affiliates, agents or service providers. If you use the Services, the Applications or the Site outside of the United States, information that we collect about you may be transferred to servers inside the United States and maintained indefinitely, which may involve the transfer of information out of countries located in the European Economic Area and other parts of the world unless otherwise prohibited by applicable law or agreed by Real Contact and you. By allowing Real Contact to collect information about you, you consent to such transfer and processing of such information without restriction. We may also store some information locally on your computer or other devices. For example, we may store information as local cache so that you can open the Site and the Applications and view content faster.

We may also use your information for on-line behavioral advertising regarding our own and third party products and services that we believe may be of interest to you. If you do not want us to use your information in this way, you may opt-out as described below in Choices About How We Use and Disclose Your Information.

Although users from all over the world may access the Site, the Applications and the Services, keep in mind that no matter where you live or where you happen to use our services, you consent to us processing and transferring information in and to the United States and other countries whose data-protection and privacy laws may offer fewer protections than those in your home country.


Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To our customers in connection with the Services.
  • To Service Providers, contractors and other third parties we use to support our business, including credit card payment processors and marketing support.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Real Contact’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Real Contact about users of the Site or the Applications is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply the Terms and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Real Contact, our customers or others.


Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:


Tracking Technologies and Advertising
. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that all or some parts of the Site, the Applications and/or the Services may then be inaccessible or not function properly.


Promotional Offers from Real Contact
. If you do not wish to have your e-mail address/contact information used by Real Contact to promote our own or third parties’ products or services, you can opt-out through the unsubscribe mechanism at the bottom of the applicable email. This opt out does not apply to information provided to Real Contact as a result of a service or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. You may be able to opt out of receiving personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info and http://www.networkadvertising.org/choices/. You may also use TRUSTe’s Preference Manager at http://preferences-mgr.truste.com.


Accessing and Correcting Your Information

You can review and change your personal information by logging into the Applications and visiting your account profile page.

You may also send us an e-mail at hello@realcontact.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Content from the Applications or the Site, copies of your User Content may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Servers, the Applications or the Site. Proper access and use of information provided on or through the Site, the Applications or the Services, including User Content, are governed by the Terms.


Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Application or the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to hello@realcontact.com or write to us at: Real Contact, LLC – 2600 Michelson Drive #110, Irvine, California 92612.


Data Security

We understand that the security of your personal information and any information associated with actual or potential leads is important. We provide reasonable administrative, technical, and physical security controls to protect your personal and lead information. However, despite our efforts, no security controls are 100% effective and Real Contact cannot ensure or warrant the security of your personal and/or lead information. Any transmission of personal and/or lead information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site and/or or the use of the Services and the Applications, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Applications or the Site. The information you share in public areas may be viewed by any user of the Applications or the Site.


Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the home pages of the Applications or the Site for at least thirty (30) days. If we make material changes to how we treat our users’ personal information that are materially less protective than provided in this policy, we will use reasonable efforts to notify you by e-mail to the e-mail address specified in your account and/or through a notice on the home pages of the Site and to attempt to get your consent to the changes. The date the privacy policy was last updated is identified above. You are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Site and this privacy policy to check for any changes. Like our Terms, of which this policy is a part, your use of the Services, the Applications or the Site, and/or continued use of the Services, the Applications or the Site after our efforts to contact you means that you agree to be bound by such changes.


Survival

The policies indicated in this privacy policy will remain effective, even if the Terms and the agreement between us are terminated and you are no longer using the Services, the Applications or the Site.


Contact Information

To ask questions or comment about this privacy policy and our privacy practices or need to reach us for any other reason, you may contact us by e-mail at hello@realcontact.com or by mail at 2600 Michelson Drive #110, Irvine, California 92612

 

DMCA Policy

LAST UPDATED: June 21, 2017

Real Contact, LLC (“Real Contact”) respects the intellectual property rights of others and expects its users to do the same as described in this policy. This policy is incorporated by reference into the Terms of Service (the “Terms of Service”). Defined terms used in this policy that are not otherwise defined herein shall have the same definitions as in the Terms of Service.

We do not allow copyright infringing activities on our Site or through our services (“Services”) and will remove a party’s Content from the Site or our Services if properly notified that such Content infringes on another’s copyright rights. Real Contact has a policy of terminating, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. You are a “repeat infringer” if, on more than two occasions, you have been notified of infringing activity or have had your Content removed from our Site or our Services. We also reserve the right in our discretion to terminate any of your accounts suspected of infringing copyrights upon the first incident without further notice, at our sole discretion.

If you believe that any Content on our Site or in our Services violates your copyright, you should notify Real Contact’s copyright agent in writing pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3). The contact information for our copyright agent is below.

In order for Real Contact to take action, you must do the following in your written notice (the “DMCA Takedown Notice”):

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or in the Services, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • 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.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We will promptly notify the alleged infringer that you have claimed ownership of the rights in this Content and that we have complied with your DMCA Takedown Notice for the Content.

Here is the contact information for our copyright agent:

Attn: Copyright Agent

Real Contact, LLC

2600 Michelson Drive #110

Irvine, California 92612

E-Mail: copyright@realcontact.com