Terms Of Service

Last updated: 2019-12-26 17:34:43

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully
before using the www.Realply.com Website (the "Website") operated by Realply, a(n)
Limited Liability Company formed in Arizona ("us", "we", "our") as these Terms and
Conditions contain important information regarding limitations of our liability. Your access to
and use of the Website is conditional upon your acceptance of and compliance with these
Terms. These Terms apply to everyone, including, but not limited to: visitors, users and
others, who wish to access or use the Website.


By accessing or using the Website, you agree to be bound by these Terms. If you disagree
with any part of the terms, then you do not have our permission to access or use the
Website.


Availability, Errors and Inaccuracies

We assume no liability for availability, errors, or inaccuracies in the information provided on
this Website. We may experience delays in updating information on the Website and in our
advertising on other websites. The information, products, and services found on the
Website may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website, and we
cannot guarantee the accuracy or completeness of any information found on the Website.
We expressly reserve the right to correct any pricing errors on our Website.


We make no representations about the suitability of the information, products, and services
contained on this Website for any purpose, and the inclusion or offering of any products or
services on this Website does not constitute any endorsement or recommendation of such
products or services by us. We disclaim all warranties and conditions that this Website, its
servers, or any email sent from us are free of viruses or other harmful components.


Links to Third-Party Sites


This Website may contain hyperlinks to websites operated by parties other than us. We
provide such hyperlinks for your reference only. We do not control such websites and are
not responsible for their contents or the privacy or other practices of such websites. Further,
it is up to you to take precautions to ensure that whatever links you select or software you
download (whether from this Website or other websites) is free of such items as viruses,
worms, trojan horses, defects and other items of a destructive nature. Our inclusion of
hyperlinks to such websites does not imply any endorsement of the material on such
websites or any association with their operators.


Intellectual Property


All contents of this Website are ©2020 Realply. All rights reserved. Website, and all content
and other materials on this Website, including, without limitation, all logos, designs, text,
graphics, pictures, information, data, software, sound files, other files and the selection and
arrangement thereof (collectively, " Content ") are the proprietary property of Realply and
are either registered trademarks or trademarks of Realply in the U.S. and/or other countries.
Other logos and product and company names mentioned herein may be the trademarks of
their respective owners. We are not responsible for content on websites operated by parties
other than us.


If you are aware of an infringement of our intellectual property, please let us know by
contacting us at support@realply.com

We respect the intellectual property rights of others. It is our policy to respond to any claim
that Content posted on the Website infringes on the copyright or other intellectual property
rights of any person or entity.


If you are a copyright owner, or authorized on behalf of one, and you believe that the
copyrighted work has been copied in a way that constitutes copyright infringement, please
submit your claim via email to support@realply.com, with the subject line: “Copyright
Infringement” and include in your claim a detailed description of the alleged infringement as
detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
Our copyright agent is Matthew Young. The following is his/her contact information:
support@realply.com
213-479-5945
7014 E Camelback Rd. Suite B100A, Scottsdale AZ 85251


You may be held accountable for damages (including costs and attorneys’ fees) for any
misrepresentation or bad-faith claims on the infringement of any Content found on and/or
through the Website on your copyright.


If you believe in good faith that materials hosted by us infringe your copyright, you (or your
agent) may send us a written notice that includes the following information. Please note that
we will not process your complaint if it is not properly filled out or is incomplete. To report
that your intellectual property rights have been infringed upon, please email us at
support@realply.com and include the following information:

 

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

  2.  a description of the copyrighted work that you claim has been infringed,including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  3. your address, telephone number, and email address;

  4.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

 

Damages


IN NO EVENT SHALL Realply, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN
ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS
Website OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS
Website (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS
APPEARING ON THIS Website; ANY COMPUTER VIRUSES, INFORMATION,
SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS
Website; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE
OF THIS Website WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT,
TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE,
AND EVEN IF Realply, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.IF, DESPITE THE LIMITATION ABOVE, Realply, LLC IS FOUND LIABLE FOR
ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH
ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Realply,
LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Realply, LLC IN
CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website.THE LIMITATION OF
LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE
LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY
LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED
OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE
TERMS OF USE INURE TO THE BENEFIT OF Realply, LLC.

Governing Law, Severability, Dispute Resolution, and Venue


These Terms shall be governed and construed in accordance with the laws of Arizona,
United States, without regard to its conflict of law provisions.


Our failure to enforce any right or provision of these Terms will not be considered a waiver
of those rights. If any provision of these Terms is held to be invalid or unenforceable by a
court, the remaining provisions of these Terms will remain in effect. These Terms constitute
the entire agreement between us regarding our Website, and supersede and replace any
prior agreements we might have had between us regarding the Website.


Any controversy or claim arising out of or relating to these Terms and Conditions including,
without limitation, the interpretation or breach thereof, shall be resolved in a court of
competent jurisdiction in Arizona.


Changes


We reserve the right to amend this policy at any time without any prior notice to you.
 

Questions


If you have any questions about our Terms and Conditions, please contact us at
support@realply.com

7014 E Camelback Rd. Suite B100A, Scottsdale AZ 85251

© Copyright 2020 Realply. All rights reserved. Various trademarks held by their respective owners.