Terms of Service
Please read these terms and conditions before using services offered by RealDash, LLC. RealDash and its subsidiaries and affiliates (collectively, “RealDash”) provide you (“Customer”) services (collectively, “RealDashServices”) as used in these Terms of Service, means the use of our software services.
Paid Services
RealDash Services provided will require payment by you. The RealDash Services that may be accessed after payment. Please familiarize yourself with Section 6, in addition to all of the other provisions in these Terms (please note that references to “RealDash Services” throughout this Terms of Service).
These Terms of Service govern your use of our service.
Definitions
“RealDash Services” collectively refers to all of the products and services RealDash offers and provides, including, but not limited to the setup, configuration, management and support for marketing commercial real estate listings.
“Storage” refers to the finite amount of software storage for use by Customer using the Service requested by Customer.
“Content” refers to any materials, including, but not limited to code, text, links, images, photographs, messages, graphics, music, sounds, video, files, data, software, applications and any other materials Customer may store on or about the Service or RealDash Account.
“RealDash Account” refers to your account with us that contains the Service you subscribe to.
“Account Admin” refers to the person identified in RealDash’s records as the owner of the RealDash Account.
“Account Contact” refers to any person the Account Owner has added to the RealDash Account for the purposes of accessing and managing the RealDash Account, or aspects of the RealDash Account.
“Billing Section” refers to the online interface through which Customer may manage the RealDash Account and perform various administrative functions, including, but not limited to, adding services, closing services, making payments, updating the Payment Method or contact information.
“Support Portal” refers to the RealDash support portal located at http://RealDash.zendesk.com. The Support Portal is the online interface through which Customer may request support, browse forums, and access help articles and videos.
“Request to Close” refers to the formal request made by the Account Owner in the Support Portal to close a Service or the RealDash Account.
“Support Request” is a written communication exchanged by and between RealDash and you and/or your Account Contact, through the Support Center. If RealDash initiates the Support Request, a copy may be emailed to the email address on file; in addition, a copy may be stored in the Account Center for future reference.
“Add-ons” refer to supplemental services RealDash may provide.
1. Contract formation
By creating a RealDash account, either through RealDash or a third party, you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in the United States, that any registration information that you submit to RealDash is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the RealDash Privacy Policy.
2. Account Ownership
The highest authority of a single specific RealDash Account is the Account Admin. The Account Admin is appointed during the registration process, on the initial order form on our Website. Once the Account Owner appointment has been made, it may not be changed unless by RealDash pursuant to this Agreement. We strongly recommend that the person appointed as Account Admin be someone that owns the domain name(s) being hosted on the RealDash Account. We do not recommend that a contractor or other transient person or party be the owner of the RealDash Account, as that has the potential to result in a dispute over ownership between the parties if/when the parties sever ties. In those cases, we may not be able to assist the other party with accessing the RealDash Account without a U.S. court order so mandating. In situations in which account ownership is disputed, RealDash reserves the right, in its sole discretion, to suspend or close the RealDash Account in question. The Account Admin is responsible for and agrees to assume all liability for: (i) management of the RealDash Account, Service and all Content associated with the RealDash Account; (ii) any and all claims or complaints served upon RealDash in reference to the Content; (iii) any and all activity that occurs under or is otherwise associated with the RealDash Account; (iv) the actions of all Account Contacts; and (v) payment of all monies owing on the RealDash Account.
3. Passwords
If you don’t keep your password safe, your account may be comprimised. Don’t say we didn’t warn you. Notwithstanding any of the terms of this Agreement, you are required to and solely responsible for maintaining the confidentiality and security of the passwords used to access the RealDash Account, and the RealDash Services. Any and all activity that occur under your username and password will be considered done by you and you bear sole responsibility for that activity. RealDash shall not be liable for any loss or damage arising from or otherwise related to your failure to maintain control over access to your password or username, the RealDash Account, or the RealDash Services, whether due to your own negligence or for any other reason. As a rule-of-thumb, it’s best that you change all of your passwords periodically and at any time you think that the RealDash Account, the RealDash Services, or any of your other usernames or passwords have become compromised.
Passwords like “password1″and “12345” are too common and are pretty easy to figure out. You are required to and solely responsible for employing industry standard best security practices, such as using secure passwords. If you use an unsecure password, the RealDash Account, the and/or the RealDash Services are likely to be hacked or otherwise compromised, and you will be solely liable in any such case. Audits may be done to check for weak passwords. However, in no event should you rely on the performance of any possible audit by RealDash. If an audit is performed, and it is determined that your password is weak, you may be given time to update your password to a more secure password.
We may be able to help you recover is your password. In the event that you forget your password, there are two methods you may use to recover it. You may use the “Forgot your password?” link at any login page provided to you. If you use the “Forgot your password?” link, we will send a password reset link to the primary email address we have on file for you. Be advised, before we send the password reset link, you’ll be required to provide the primary email address we have on file for you. If you do not have access to the primary email address we have on file for you, or if you do not know or remember the primary email address, your only recourse for recovering your password will be to submit a request by creating a ticket in the Support Portal. If your submission is incomplete, illegible or if you provide documentation that is expired or which we have reasonable suspicion to believe is a forgery, we may, in our sole discretion, reject your request, require additional documentation, or block all access to the RealDash Account or the Service.
4. Support
Channels of Support. For your convenience, we offer a variety of channels through which you can reach us for support to help you utilize the Service. Currently, we have customer service agents available to assist you 7 days a week, 365 days a year from the hours of 9 AM to 5PM Eastern Standard Time. We may be reached through the following channels (“Channels of Support”): telephone, email to [email protected], and through the Support Portal. Not all Channels of Support are available at all times. All inquiries are handled in the order in which they were received. RealDash does not guarantee the availability or accessibility of all of the Channels of Support. We reserve the right, in our sole discretion, to change, replace or entirely cease offering support through any one or all of the Channels of Support, at any time, for any reason or no reason, and without prior notice.
Be prepared for an ID check-point when using the Channels of Support. We take account security very seriously. This is why RealDash cannot provide account-specific information or assistance to any persons other than the verified Account Owner and Account Contact(s). Account-specific information is considered any nonpublic information about the RealDash Account, which may include, but is not limited to, Account Admin name or contact information, billing or payment information, balance owed, length of service, or types of Service being used. Any person other than the Account Admin or an Account Contact that contacts us seeking account-specific information or assistance will be informed that they are not listed in our records and that we cannot provide the account-specific information or assistance being sought, regardless of any purported relationship such person may claim to have with the Account Owner or an Account Contact. Notwithstanding the foregoing, even if a person represents him/herself to be the Account Admin or an Account Contact, before we will provide any account-specific information or assistance to such person, he/she will be required to validate that he/she is the person he/she is representing him/herself to be, by providing a valid Support of the person he/she is representing him/herself to be (“Authenticate”). If such person is unable to Authenticate, for whatever reason, we will be unable to provide any account-specific information or assistance. We can’t make exceptions to this policy, so please don’t ask. However, we are entitled to rely on the authentication information provided by individuals who contact us and successfully authenticate into the RealDash Account.
5. Abuse of Support
We pride ourselves on being able to provide customer support through a variety of channels, but we love our employees too and we have to be able to provide support to all of our customers. So, we maintain a zero-tolerance policy with regards to abuse of our support system. Abuse of our support system may include, but is not limited to, engaging in any threatening, abusive, offensive, defaming, harmful, profane, harassing, or unreasonably excessive communication (whether written or oral) with RealDash via the Channels of Support or elsewhere in the universe (you read that right, the universe). Any abuse of our support system, whether originating from the Account Owner or any Account Contact, shall constitute a breach of this Agreement and the RealDash Account will be subject to closure with immediate effect and without prior notice.
6. Subscriptions
Subscriptions
Ongoing Subscription. The RealDash Services, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the RealDash Service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s service fees to your Payment Method.
Differing Subscriptions. We may offer a number of service plans, including special promotional plans or services with differing conditions and limitations. Any materially different terms from those described in these Terms of Services will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your service with RealDash by visiting our website and/or contacting [email protected]. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
Free Trials. The RealDash Services may start with a free trial. The free trial period of your service lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. RealDash reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly service fees at the end of the free trial period of your service unless you cancel prior to the end of the free trial period. To view the specific details of your service , including monthly service price and end date of your free trial period, visit the Billing Section of the RealDash Account. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
You will not receive a notice from us that your free trial period has ended or that the paying portion of your RealDash Services has begun. VISIT THE SUPPORT PORTAL TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
Billing
Recurring Billing. By starting your RealDash Services, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the RealDash Services to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your service will take effect following email notice to you.
Billing Cycle. The service fee for the RealDash Services will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your RealDash Services or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit the Billing Sectionto see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting the Billing Section. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
Cancellation. You may cancel your RealDash subscription at any time, and you will continue to have access to the RealDash Services through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTIONS. To cancel, go to the “Support Portal” and open a ticket requesting cancellation. You must cancel within 10 days of your next billing cycle. If you do not cancel within 10 days of your next billing cycle, you will be charged for the following month.
7. Acceptable Use Policy
You agree to use the Service for lawful purposes only. The laws of the State of Florida, and the United States of America apply to this Agreement and your use of the Service. In the interest of maintaining a functional, high-class, professional service, we have a few other conditions for users of our Service. While some of these conditions may seem harsh, please understand that they are necessary given the ever-evolving nature of the World Wide Web. Some of our competitors may not require their customers to comply with such conditions, and if any of our existing or potential customers are unwilling or unable to comply with these conditions, we get it, and we respectfully invite them to seek service elsewhere.
The following represents a partial listing of activities that are prohibited when using the Service, any one of which has the potential to result in account or service suspension or closure without prior or further notice. Without limitation and in no particular order, the Service may NOT be used to host, display, post, propagate, upload, download, transmit, transfer, disseminate, distribute, reproduce, sell, link to nor facilitate access to:
Any Content or website that contains material that, in our judgment, is intended to promote illegal activities, is unlawful, threatening, obscene, abusive, harassing, defamatory, slanderous, libelous, hateful or that violates any section of this Agreement;
Any Content or website that contains private or confidential information, including, but not limited to, your or any other person’s or party’s credit card information, social security number or other national identity number, non-public telephone number, address or email address;
Any Content or website that, in our judgment, is child pornography, child erotica, indecently depicts children, or, that poses any harm or potential harm to any child;
Any Content or website that contains material that, in our judgment, is pornographic, sexually explicit, obscene or violent in nature;
Any Content that is designed or used to hack or break into remote systems;
Any Content that is designed or used to commit or facilitate any “phishing” attack;
Any Content that contains any malware, including, but not limited to, software viruses, trojan horses, worms, time bombs or any other computer codes, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment;
Unsolicited or bulk email (SPAM), including, but not limited to, using the Service’s SMTP service or mail script to send out SPAM over our networks or other systems with a message referencing their website. Our definition of SPAM is different than the CAN-SPAM Act, please read it;
“Snowshoe spamming” (which, generally, is an abusive technique used to send SPAM from a variety of IP addresses in an effort to spread out the SPAM load);
Any Content or website that contains or facilitate access to any material that is prohibited by RealDash;
Any Content or website that contains content that infringes on any right of any person or party, including, but not limited to a person’s or party’s right to privacy or intellectual property rights;
Any Content or website that, in our judgment, is designed or used to exploit, extract or otherwise gather any content or information from any RealDash database, including, but not limited to, incorporating data from any RealDash database into any email or “white-pages” products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;
Any Content or website that, in our judgment, is designed or used to reverse engineer, hack into, invade or otherwise gain unauthorized access into any of our systems, communications devices or resources, or any other systems, communications devices or resources (including, but not limited to security probing activities or other attempts to evaluate the security integrity of a network or host system without permission);
8. Additional Usage Restrictions
Any Content that, in our judgment, is questionable or that is found to breach any section of this Agreement, or any law to which RealDash is subject, to any degree, may be removed from our servers (or otherwise disabled), in our sole discretion, with or without notice and without obligation. The RealDash Account may also be suspended or closed in any such case.
You agree to use the Service in a manner that does not interfere with or otherwise disrupt service to other RealDash customers nor any of our systems. We reserve the right to suspend or close the RealDash Account, without prior notice, if, in our judgment, such interference or disruption is determined by RealDash to exist. Some examples of such interference or disruption include, but are not limited to, Customer action that has caused RealDash mail servers or any of our IP ranges to be placed on any “black hole” list or any other mail filtering software systems used by companies on the internet.
For our purposes, simply put, SPAM includes, but is not limited to, the sending of unsolicited bulk email, often in abundance. To be clear, we don’t allow spamming on any Service on our systems. To that end, please be advised that the following limits apply to the number of emails that can be sent through any website: 50 emails per minute/500 emails per hour. An excess of these limits is a breach of this Agreement and the RealDash Account is subject to suspension or closure, without prior notice.
The RealDash Services include hosting a website and/or application and all supporting and required files and data. You are not permitted to use RealDash Services as a remote storage server.
RealDash does not permit excessive hosting service stripping (“excessive stripping”). For our purposes, excessive stripping describes the condition where a customer attempts to use two or more Service, stored with duplicate Content, in order to collect an excessive allocation of overall bandwidth, disk space, or other resources for the purpose of avoiding overage fees on a single service plan. An excessive stripping condition may also be achieved by closing Service before their resource limits are reached then opening a new Service with nearly identical Content to use its bundled resources. Content and resource stripping is generally permitted only on load-balancer enabled products and products which feature consolidated bandwidth billing. Any other form of content stripping will be considered excessive and may result in a service suspension or closure of the RealDash Account, without prior notice.
You are not permitted to knowingly allow any other website or hosting server to link to Content stored on RealDash’s systems. We own our IP addresses, but we’ll try to keep them associated with you.
If we detect repeated failed login attempts, we may, without obligation of any kind, ban network access from the source of those failed attempts, and you’ll have to contact us to fix it.
9. Intellectual Property
Copyright. The RealDash Applications, including all content provided on the RealDash Services, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
Trademarks. RealDash is a registered trademark of RealDash, LLC.
10. Technology Limitations and Modifications
We will make reasonable efforts to keep the RealDash Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the RealDash Service with or without notice.
11. Copyright Infringement
If you are a copyright holder who believes that any of the products, services or content which are directly available via the RealDash Service are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to RealDash’s designated copyright agent at the following address:
RealDash LLC.
Attn: Legal Department
2100 Coral Way
Suite 702
Miami, FL 33145
[email protected]
A notification of claimed copyright infringement must be addressed to RealDash ‘s copyright agent listed above and include the following:
A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
Specific identification of each copyrighted work claimed to have been infringed;
A description of where the material believed to be infringed is located on Content provided by RealDash Service (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE RealDash SERVICES, YOU AGREE THAT USE OF THE RealDash SERVICES IS AT YOUR OWN RISK. THE RealDash SERVICES, INCLUDING THE RealDash SITE AND THE OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RealDash DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE RealDash SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL RealDash OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “RealDash PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE RealDash SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE RealDash PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE RealDash SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RealDash PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE RealDash SERVICES (INCLUDING YOUR USE OF THE CONTENT). RealDash RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
13. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A. without regard to conflict of laws provisions. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
14. Changes to Terms of Service
We reserve the right to change or modify these Terms of Service or any of our tools or services at any time and any changes will be effective upon being posted unless we advise otherwise. If we make any material changes to this policy by means of a notice on this website. We encourage you to periodically review this website for the latest information on our terms of service. If you do not accept the terms of this Terms of Service, we ask that you do not use the RealDash Services.
15. Contacting RealDash
If you have any questions about our terms of service, please email [email protected]
