TERMS AND AGREEMENTS
Section 1 – AGREEMENT BETWEEN SITE AND USER
This agreement (also referred to as “Agreement” or “Terms”) is a contract between You (also referred to as “Your,” “User,” “Users”) and gorealesite.com (also referred to as “Us,” “We,” “Our,” the “Company,” and “GoRealESite”). The agreement covers all terms and conditions governing the use of the website at http://gorealesite.com, its product and services, all its content, materials, subsidiary websites, tools, and related materials contained in the website (collectively referred to as the “Site”).
Section 2 – AGREEMENT TO THE TERMS
You signify your knowledge and concurrence with the terms and conditions contained in the latest version of this Agreement in any of the following instances:
- When you purchase any GoRealESite single property website license as provided under Section 7 of this Agreement;
- When you perform subsequent log-in to your account; and
- When you access or view any content on Our sites.
In the event that you have viewed, logged-in or established a single property website with us but later decide that you do not wish to be bound by this Agreement, we will immediately terminate Your Account with us as provided under Section 18. In no way shall you maintain an Account or receive access to Our Sites without being bound by these terms.
GoRealESite will not be held responsible for your non-compliance with or violation of civil and criminal laws. Neither will the Company be able to provide you with any form of legal assistance.
Section 3 – COMPLIANCE WITH LAWS
You have the sole responsibility for abiding by the laws of the city, province, state, country, or political jurisdiction from which you access our Site and services.
You agree that by creating a single property website with GoRealESite and participation in other activities offered by the Site only happens after you have ascertained that you abide by all the existing laws and regulations in the area where you access gorealesite.com
Section 4 – SERVICES OFFERED
The gorealesite.com site offers to build single property websites for real estate agents and their properties. We also provide hosting and tracking features for the single property websites that we build.
The single property website we build are strictly for original property owners, legal representatives, or legally certified active realtors.
a. Single property website
The following shall be the common understanding for phrases, labels and terms used for this subject and in the whole Site:
- Single property website/Website – the label for the service offered, that is created by either the Site or its Users.
- Original properly owners– the legal seller of a home
- Legal Representatives – the third party, for example a bank, trust fund, or corporation that is selling the home
- Legally Certified Active Realtor – the seller’s representative, that must be currently licensed in Real Estate and have permission to create a Website.
- Web Plan Fee– the collective term for the hosting a maintaining a Website, service fee included.
- Website Licence Fee- the collective term for the right to use the Website Templates
- Website Admin– the applicant that manages the single property website after it has been created by the original team.
- Website Admin Account – the collective term for the access and editing authority to the backed of a specific Websites owned by the Website Admin.
b. Website Creation
Any User interested in creating a single property website must have sufficient funds in his or her account to cover the Web Plan Fee and Website License Fee which must be paid to GoRealESite.
Section 5 – ELIGIBILITY
You may create a single property website by logging in and by submitting property information to the designated areas provided by the Site. Additionally, you shall also abide by the terms and conditions provided in this Agreement. As a User, you confirm and agree that:
- You are willing to show proof, if we so require, that you are a natural person, at least 18 years old, and within the age legally required in your city/province/state/country to create a Website offered by our Site;
- You provided all the true and correct information we asked from you as a requirement for creating your single property website, and that you undertake to notify us promptly should there be any change in the information provided;
- In no case shall you allow any third party to use your gorealesite single property website Admin Account, Log-In User ID, and password to participate in any Site activity or for any purpose whatsoever. You agree that your Admin Account shall be for your exclusive use only;
- The Company shall not be held liable for any access by a third party to your single property website Admin Account;
- You have verified with your city/province/state/country and political jurisdiction that your use of the Site from your location does not constitute a violation of any law or regulation. You hold yourself responsible that this is the case and you agree that GoRealESite is free of any liability;
- You will not violate any law or commit acts injurious to the Site, its reputation and business;
- You comprehend that since you will be creating a single property website, there is a possibility that you may lose money, as well, and that you hold yourself solely accountable for such loss;
- You accept that your single property website Admin Account is a personal account and shall not serve any other means than originally intended service. Trading or selling of accounts is forbidden and will result in the immediate termination of the Admin Account.
- You have legal authority to enter into contract, conform to this Agreement, and accept all terms and conditions;
- You shall not encroach upon this Site’s or any third party’s rights, whether personal, proprietary, or contractual rights. This includes, but not limited to, copyrights, trademarks, patents, trade secrets, rights to privacy, among others;
- You will not participate in gambling or similar chance-based activities using the Site or any of its Services. You will promptly notify GoRealESite.com of any such activities that will come to your attention;
- You accept that the Site monitors your internet access and location. Tools and software may also be used to restrict access to our Site and Services from geographical locations and political jurisdictions where our Site and similar services are not considered legal;
- You agree that you will not use techniques to mask your identity including, but not limited to, the use of IP masking software and similar tools;
- You are fully aware that the Site merely facilitates and uses information you provided. By no means are we liable for the content uploaded or used by a single property website.
Section 6 – NON-ELIGIBILITY
This Section identifies the persons who are disqualified from arranging and creating single property website in the Site. The following persons are those ineligible from participating in the aforementioned manner:
- Immediate family of employees,
- Contractors of the Site, including their parent companies, affiliates and subsidiaries,
Said ineligible persons may use the Site for demonstration purposes but not to actually create.
Section 7 – GOREALESITE SINGLE PROPERTY WEBSITE ADMIN ACCOUNT
As a User, single property website admin account are created for you after purchase of a single property website .
To participate in the Site Services stipulated under Section 4, you need to hold a valid single property website Admin Account and be in good standing with gorealesite.com.
It is our policy to collect information on your Log-In, account activity, and single property website creation. You are also aware that information is being recorded.
Section 8 – REMOVED IN CURRENT VERSION 1.02.3
Section 9 – ACCOUNT VERIFICATION
The Company has the right to review and validate information relating to your single property website Admin Account and single property website, including but not limited to those collected under Sections 7 and 8, to ascertain that there is no violation of any parts of this Agreement or any existing law or regulation. In this connection, you are authorizing gorealesite.com and our agents to conduct inquiries about you which we will use for the verification process or disclose information to a third party we deem necessary to access further information such as credit reports and credit history from third-party sources. You agree to cooperate with Us and provide the required information within thirty (30) days. Failure on your part to respond with sufficient information for us to complete the verification of your single property website Admin Account and/or single property website will result in the termination of said accounts in accordance with Section 21 and forfeiture of all balances in your Website Admin Account.
Section 10 – SINGLE PROPETY WEBSITE FEES
You may use PayPal to purchase Single Property Website Plans and License. We may approve other methods of payment, as discussed in Section 21. Purchases made into your Website Admin Account must originate from a source which bears your name as the account owner.
You agree that you will not hold gorealesite.com responsible for unauthorized use of your PayPal account, credit card account or any other mode of payment, and any loss resulting from any unauthorized third-party security breach. You agree that you will be solely liable for such losses and you waive your right to file any disputes for any payment made using your account.
Failure on your part to make the necessary payment to fees, charges and other monies due from you, or any attempt to render payments through fraudulent means, will have the following consequence: immediate termination of your single property website Admin Account, forfeiture of any ability to create new single property websites, and the filing of applicable civil and/or criminal case against you.
In the event that we suspect an attempt to defraud us, such as stolen PayPal information or use of stolen credit card, we reserve the right to block or suspend a User’s Account and report to relevant authorities the fraudulent act, and recover payments through collection service agencies. To thwart fraudulent attempts, we reserve the right to perform credit investigations and checks on any User from time to time using the information given us by the User upon registration to our Site.
Section 11 – REMOVED IN CURRENT VERSION 1.02.3
Section 12 – PROCESSING DEPOSITS AND WITHDRAWALS
Third-party financial institutions or electronic payment processors (also referred to as ESPs) may be utilized by gorealesite.com to handle financial transactions. In this connection, you are expressing your irrevocable authorization to allow Us to instruct such ESPs, on your behalf, to process deposits to and withdrawals from (as defined under Section 10 and Section 11, respectively) your Account. You acknowledge and agree to abide and be bound by the applicable ESP’s terms and conditions; in the event that conflicts arise between ESP and this Agreement’s terms and conditions, the latter shall prevail.
Section 13 – PROHIBITED ACTS IN AND USE OF THE SITE
a. Illegal sources of funds
You declare that no funds used for your transactions and activities on this Site are illegally sourced. You declare further that you will not use the Site or its Services for the purpose of transferring and/or laundering money, nor will you use the Site for any activity that is considered illegal under the laws of the country or the city/province/state/jurisdiction where you access the Site and its Services from. If gorealesite.com suspects that you may be violating this provision and engaging in fraudulent, illegal or inappropriate activities, such as money laundering and the like, we reserve the right to suspend or terminate your User’s Account, and report your suspected unlawful act to relevant authorities. You commit to fully cooperate in investigations conducted by the Company and the proper authorities on any suspected fraudulent, illegal or inappropriate activities on the Site.
b. Abuse of the Site and its intended use
You agree to respect the Site and the intention for which it was designed. You accept that you will create Single Property Websites using content owned by you or with the written consent of the third-party who owns the content rights. You accept that no profane, pornographic or obscene content is allowed to be uploaded or used on any of our Sites. You also recognize you are either the original owner, legal representative, or active real estate agent of the property you create the Single Property Websites for.
Section 14 – FEEDBACK SYSTEM
You are fully aware that your Account will be reviewed by our management team. The Site provides a features in which Account Admins and Users can post Materials in reference to their properties. You understand that “Materials” may include contents in varied forms and nature, such as audio, visual, written, and subjective comments and ratings. These Materials will be publicly available. The Site, however, in its discretion, may remove feedback Materials it deems inappropriate. The following circumstances warrant their removal:
- The Material is in violation of the terms and conditions of this Agreement, and the Site is properly notified about it;
- There is mutual agreement among Users to request for removal of the Material;
- The Site receives a court order or decision to remove the Material from the Site.
Using fair practice and good judgment, Site Users are reminded to be careful when posting feedback and reviews, and be informed that:
- Once Materials are posted, they become permanent viewable record attributed to a User. They can only be removed in accordance with the foregoing circumstances;
- Users who post the Materials are legally liable for damage claims should courts decide that the feedback is defamatory or libelous. The Site does not censor or hold any responsibility over these Materials. Under the Communications Decency Act, gorealesite.com does not censor these reviews and feedback; hence, it is not legally responsible for such reviews and feedback. The same law, however, does not exempt the User responsible for posting defamatory or libelous remarks against other Users and are vulnerable to suits and legal action;
- Users’ feedback or reviews that constitute Abuse of the Site and its intended use, or violates any of the terms of this Agreement, or constitutes illegal feedback or reviews as described hereunder may be removed by the Site;
- The Company has a valid court decision that the following disputed feedback or review are slanderous, defamatory, libelous and considered illegal:
- When profane, racist, and vulgar language are used in the feedback (Provocative language, when using words such as cheat, liar, con man, and the like, is strongly disapproved but will not otherwise be removed);
- When the feedback contains the reviewed User’s personal identifying information, such as legal name, address, and contact details;
- When the feedback mentions any details about investigations by any law enforcement agencies;
- When there are links or scripts within the feedback;
- When feedback is posted by a User with questionable contact information; and
- When feedback is posted by a User who are on indefinite suspension due to violation of any of this Site’s policies, terms and conditions, and rules within 90 days after registration.
It must be noted that the Company automatically removes feedback from Users under indefinite suspension 90 days after their registration. This is on the ground that gorealesite.com firmly believes that such Users should not have the ability to leave a permanent negative impact on other Users. This is true to selected suspension types only.
- If a User erroneously leaves a negative feedback intended for other Users or Viewers, the erring User who posted the feedback is responsible for notifying gorealesite.com and placing the same feedback to the intended User or Tournament Entrant. The Site then subsequently removes the misplaced feedback.
User who violates this Section may face a range of sanctions, including Account termination, restrictions on Account privileges, suspension of Account, and/or removal of feedback or review.
Section 15 – CHAT FACILITY
The Site provides a facility for users to chat, henceforth referred to as Chat System, where Users may post materials adherent to the policies provided.
Violation to any of the policies may warrant the imposition of sanctions, such as fines, limits on Account privileges, and/or suspension or termination of Account.
Section 16 – DISCLOSURES
a. Odds of selling Listed Properties
The results of the Single Property Websites are directly dependent on current market factors and a variety of other real factors. The odds of “successful” Single Property Websites cannot be predetermined or controlled by the Site. You will be separately responsible for the outcomes, and this is exclusive of any intervention from gorealesite.com.
Section 17 – DISCLAIMER
The Company disclaims any and all obligations to you. Gorealesite.com declares that it cannot be obligated to:
- Investigate or prosecute other Users based on complaints filed by other Site Users. The Company, in its sole discretion, may decide to pursue appropriate and/or legal action against any User suspected of violating the terms or conditions of this Agreement or engaging in unlawful activities, but will not be under any obligation to do so.
- Refund you any sum or damages for what you believe the Company is obliged to pay you as a result of inappropriate, unlawful or otherwise, activity by other Users, whether the Company prosecutes the User or not. It is your independent responsibility to take legal action or resolve issues against Users, and the Company takes no responsibility over this.
Section 18 – RELEASE FROM LIABILITY
You agree to release us (the Company, officers, directors, subsidiaries, joint ventures, agents, and employees) from any liability should you have a dispute with one or more Users. You accept that we are released of any and all claims, demands, and damages related to or resulting from disputes in this Site.
The California Civil Code 1542 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,” and if you are a California resident, you express full knowledge of and waive the effect resulting from this provision of the California Civil Code 1542.
Section 19 – NO WARRANTIES
The gorealesite.com Site Services are on an “As-Is,” “With All Faults,” and “As Available” bases. The Company gives no express warranties, conditional warranties, or guarantees; and excludes to the extent permitted by law, any and all implied warranties of merchantability, suitability for a particular purpose, workmanlike effort and non-infringement.
Section 20 – LIMITED LIABILITY
For any violation of this Agreement committed by Us, you may only claim direct damages to a maximum amount equal the most recent Service Fee you paid to gorealesite.com. You are aware and accept that our liability is limited and excludes damages, whether consequential, special, lost income, indirect or incidental in nature. This limited solution to our limited liability applies to any matter or issue related to the Site and its Services, notwithstanding the non-compensation of the full extent of your losses, with or without our knowledge of the possibility of the damage.
If you are a resident of cities, provinces, localities, states, or countries where limitation in liability for certain types of damages is not allowed, the above provision on Limited Liability is not applicable.
If you believe you need to pursue a case or take legal action against another User or other Users of this Site, you agree that:
- You will do so on your own and without need to obligate Us to prosecute or pursue the right, claim, case or any action for you;
- You release us of any liability, claims, damages, costs and losses, known and unknown, related or arising from the right, claim, case or any action; and
- You will not hold us responsible for the acts or omissions of any internet service provider (ISP) whose services you and the other Users used in gaining access to the servers of our Site.
Section 21 – TERMINATION OF ACCOUNTS
If you wish to terminate the Single Property Websites Admin Account and Single Property Websites you maintain with us, you may do so by sending us a written notice to email@example.com Allow us 30 days to process your request for termination.
The Company may terminate your Single Property Websites Admin Account and Single Property Websites for violation of policies and rules, and any of the terms and conditions of this Agreement.
b. Termination due to Violations
If the termination is due to violation of any of the terms and conditions of the Site, a Withdrawal Fee and a Termination Fee of US$25.00 will be charged to your Account.
c. Termination due to Inactivity
Inactivity for more than 365 consecutive days, also called Latency, will be acted upon by the Company as follows:
For inactive or latent Single Property Websites Admin Account and Single Property Websites accounts – An administrative charge of US$25 will be charged after 365 consecutive days of inactivity, after which the Account will be terminated.
If you don’t intend your Account to be terminated or be charged with Termination Fee and/or administrative charges for Latency, write us at firstname.lastname@example.org before the 365-day inactivity occurs.
Section 22 – INTELLECTUAL PROPERTY RIGHTS
Any information, material, feedback, ratings and content, henceforth referred to as Submissions, grants gorealesite.com the irrevocable, non-exclusive, royalty-free, sub-licensable, and world-wide use of such Submissions, including related copyright, publicity and database rights pertaining to the Submissions in the present or the future.
As a Site User, you agree that trademarks, copyrights, patents, and trade secret rights attached or inherent to any software or content from this Site are the ownership of gorealesite.com and/or third parties, and as such, you are not allowed to infringe on any of these rights, copy, modify, download, rent, loan, distribute, adapt, publish, decompile, disassemble, decrypt, reverse-engineer, or use any software or content from the Site without express permission from Us.
Reporting any issue of infringement and other concerns
If you have an issue on infringement by the Site and its content to other entities’ copyright, trademark, patent, or other intellectual property rights, or other concerns about the Site, promptly send a notification to our designated agent at email@example.com. You may not use the trademarks, service marks, trade names, and the name gorealesite.com without express permission from the Company.
Section 23 – ABUSE OF THE SITE
Using the Site and its Services for purposes other than those expressly allowed by gorealesite.com and the terms and conditions of this Agreement, shall be considered an Abuse of the Site. Without excluding other courses of action, the Company may restrict, remove content and materials, suspend or terminate access to our Site or Services by Accounts or Users whom we believe are conducting abuse, creating problems, and acting inconsistent to this Agreement. Violations and activities which may merit immediate sanctions from the Site are listed below:
- Posting materials, including proprietary material, owned by a third party;
- Using the Site as a venue to encourage illegal activities or acts;
- Posting personal contact information of other Users, compromising other people’s right to privacy;
- Engaging in indecent, pornographic, profane, vulgar, anti-racial, hateful, hostile, and violent language or speech in the posts or Submissions;
- Exploiting children by using inappropriate material, using privacy-compromising information, and similar acts;
- Posing as another entity or person, or disguising with the use of manipulative headers or identifiers;
- Persuading or suggesting to others about violating Site terms and conditions;
- Advertising any business product or service, or using the Site for commercial promotions, unless authorized by the Company;
- Soliciting assistance, donations, funds, sponsors, investors, benefactors, and the like;
- Submitting, or in any way exposing, the Site to disruptive programs or files that may contain viruses, worms, and codes that destroy or interrupt computer and telecommunication functionality;
- Acting in disruptive manner, such as making the screen scroll faster than normal, affecting other Users’ normal and real-time activities on the Site;
- Uploading and posting zips and similarly-formatted files;
- Posting or submitting materials that include hyperlinks to websites containing materials not allowable under this Agreement;
- Ignoring instructions from gorealesite.com staff;
- Posting or submitting private third-party email content;
- Discussing or chatting about sanctioned Users, terminated Users, or reposting deleted content;
- Gambling or engaging in games-of-chance on the Site, or using its Services for such activities.
Section 24 – MISCELLANEOUS PROVISIONS
Modification of terms
Every now and then, the Site may modify terms. The most current version is accessible at any time at http://www.gorealesite.com/terms-and-agreements. You are responsible for keeping yourself updated to the latest version of modified terms because your continued use of our Site and Services indicates your acceptance of the modifications and binds you to the latest version of this Agreement.
Modification of services
Services, such as Single Property Websites Admin Account and Single Property Websites, can be terminated or modified from time to time without notification to each user.
Assigning this Agreement
The Company may assign this Agreement, in totality or in specific parts, to any other party, with or without notifying you. You, on the other hand, do not have the authority to assign this Agreement to another party. You may, however, terminate your Account with us, and the other party may then create a new Account subject to our Terms.
Applicable and governing laws
The terms and conditions stipulated in this Agreement must be understood, implemented and governed pursuant to applicable federal laws and the laws of the State of Michigan. As a User, you understand and accept the exclusive jurisdiction of the state and/or federal courts located in Oakland County, Michigan, U.S.A. over disputes and legal actions arising out of this Agreement, and that you may only sue us in a state and/or federal court of law located at Oakland County, Michigan, U.S.A. We expressly disclaim the application of The United Nations Convention on Contracts for the International Sale of Goods on this Agreement, and that you agree that such UN Convention on Contracts shall not govern this Agreement. You accept that in the event that such a suit will be filed, no party shall move for the dismissal or transfer of case filed pursuant to this Section and subsection on the ground of personal jurisdiction, improper venue, or convenience of either party or of witness/witnesses.
You agree to indemnify gorealesite.com and free the Company of any liability, claims, damages, costs, legal fees and other fees resulting from the following:
Violation of any terms and conditions of this Agreement;
Use of our Site or Services, whether “As-Is” or in combination of tools, techniques, and other input materials;
Failure to obey restrictions, rules and regulations regarding Single Property Websites Admin Accounts and/or Single Property Websites;
Claims, damages, cases filed by a third party in connection with Single Property Websites Admin Accounts and/or Single Property Websites, and/or other activities on the Site. The Company reserves the right to recover legal expenses and other professional fees from you for disputes between you and gorealesite.com.
No creation of any entity relationship
This Agreement does not intend to create and does not create any agency, partnership, joint venture, franchisee-franchisor, or employee-employer relationship.
Should a court with proper jurisdiction declare any provision of this Agreement invalid, the other provisions not so declared as invalid shall remain in full force and unimpaired in any manner.
No part of the terms and conditions of this Agreement shall be deemed waived, or an estoppel issued against the imposition of this Agreement, except upon receipt of written instrument for such waiver or estoppel.
In cases of such written waiver, each waiver shall only operate within the specifically-stated condition or provision waived, and shall not constitute an all-encompassing waiver in the future or for other conditions or provisions.
There are contents and materials in our Site that may you link to other websites. We do not endorse nor do we have control over these websites or their contents and materials.
Third-party promotion and advertising
This Site may display promotional materials and advertisements from third parties, referred to as Third-Party Promotions. We hold no responsibility over these Third-Party Promotions. You agree to exercise prudence in exploring these links and Third-Party Promotions, and doing so you accept sole responsibility for taking risks on your own. Should there be disputes and complaints arising from your exploration of these links, your sole remedy will be between you and the third party.