Last updated: February 16, 2015
apply to the RealBird web sites located at www.RealBird.com, and all pages and associated
sites linked to either of those sites by RealBird (collectively, the "Site").
The Site is the property of RealBird Inc. ("RealBird" or "us" or "we")
and its licensors. BY USING THE SITE, SETTING UP A FREE OR PAID MEMBERSHIP ACCOUNT
WITH RealBird OR DOWNLOADING INFORMATION FROM THE SITE, YOU AGREE TO THESE TERMS
OF USE; IF YOU DO NOT AGREE THEN DO NOT USE THE SITE, DO NOT SET UP AN ACCOUNT AND
DO NOT DOWNLOAD ANY INFORMATION.
RealBird reserves the right, at its sole discretion, to change, modify, add or remove
the posting of changes will mean that you accept and agree to the changes. As long
non-transferable, limited privilege to enter and use the Site.
You may request a copy of this Agreement via email, fax or mail by contacting us
at firstname.lastname@example.org or ph/fax: (866) 551-2934.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively, "Content"),
including but not limited to the design, structure, selection, coordination, expression,
"look and feel" and arrangement of such Content, contained on the Site is owned,
controlled or licensed by or to RealBird, and is protected by trade dress, copyright,
patent and trademark laws, and various other intellectual property rights and unfair
may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including mirroring) to any other
computer, server, Web site or other medium for publication or distribution or for
any commercial enterprise, without RealBird's express prior written consent.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Site or any Content, or in
any way reproduce or circumvent the navigational structure or presentation of the
Site or any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the Site. RealBird
reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the
Site, or any other systems or networks connected to the Site or to any RealBird
server, or to any of the services offered on or through the Site, by hacking, password
"mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected
to the Site, nor breach the security or authentication measures on the Site or any
network connected to the Site. You may not reverse look-up, trace or seek to trace
any information on any other user of or visitor to the Site, or any other customer
of RealBird, including any RealBird account not owned by you, to its source, or
exploit the Site or any service or information made available or offered by or through
the Site, in any way where the purpose is to reveal any information, including but
not limited to personal identification or information, other than your own information,
as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Site or RealBird's systems or networks,
or any systems or networks connected to the Site or to RealBird.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being conducted
on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any message or transmittal you send to RealBird on or through the
Site or any service offered on or through the Site. You may not pretend that you
are, or that you represent, someone else, or impersonate any other individual or
You may not use the Site or any Content for any purpose that is unlawful or prohibited
other activity that infringes the rights of RealBird or others. You may not use
any Content or RealBird Information to compete with RealBird.
"Licensors" means RealBird's content providers and licensors and its other
suppliers and service providers.
"RealBird Information" means the written content, photos, videos, listings
of homes and other properties for sale or rent, aerial photos of such properties,
line, topographical and other types of maps, and other types of information pages
and links to websites made available through the Site.
"Services" means the services provided through the Site, some of which are
Services), including access to RealBird Information, and any other services provided
to you by or through RealBird.
"Software" means the computer software code that RealBird has developed and
uses to deliver the Services.
"Your Information" means any information (such as listing information, photos,
text) uploaded by you to a Site.
"include" means "include not limited to" and "including" means "including
not limited to".
Your Information remains your property. You grant RealBird a nonexclusive, royalty-free,
perpetual, irrevocable and fully sublicenseable right to use, reproduce, modify,
adapt, publish, perform, translate, create derivative works of, distribute, and
display Your Information throughout the world on the Site and on third party websites.
You grant RealBird and its sublicensees the right to use the name and other contact
and identifying information that you submit in connection with Your Information.
You represent and warrant that: (i) you own or otherwise control all of the rights
to Your Information, or otherwise have all the rights needed to grant the licenses
granted to RealBird in this Section, (ii) the content is true, accurate and not
misleading, (iii) Your Information contains no material that is illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual property
rights (including publicity rights), harmful to minors or otherwise injurious to
third parties or objectionable, and does not consist of or contain any software
virus, trojan horse or other computer programming code that can damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or personal
information; and (iv) use of Your Information will not cause injury or damage to
any person or entity.
RealBird normally acts as a passive conduit for online distribution and publication
of Your information. However, we may take any action we deem appropriate with respect
to Your Information if we believe that it may create liability for us or may cause
us to lose (in whole or in part) the services of our ISPs or other suppliers. RealBird
reserves the right (but not the obligation) to remove or edit Your Information,
but does not regularly review posted content. RealBird takes no responsibility and
assumes no liability for any content posted by you or any third party.
RealBird respects the your rights in Your Information and the intellectual property
rights of others. We comply with the Digital Millennium Copyright Act" ("DMCA").
If you believe that your work has been copied in a way that constitutes copyright
infringement, please follow our Notice and Procedure for Making Claims of Copyright
The Services include online marketing and lead generation tools provided exclusively
for real estate-related professionals such as agents, brokers, mortgage lenders,
title companies, and home stagers who devote a minimum of 20 hours per week to providing
real-estate related services (collectively: "Real Estate Professionals"),
to enable them to market their listings and services to end-user consumers, either
directly or through third party online consumer-facing portals. You represent and
warrant that you are a Real Estate Professional. Each Real Estate Professional is
entitled to one free RealBird account (unless otherwise agreed in writing by RealBird).
You may elect, in addition, to purchase multiple PRO accounts.
You may use the Services, copy links made available through the Services, and display
the RealBird Information available through such links, solely as a Real Estate Professional
in order to provide information and services to your end-user customers/clients
and for the purpose of generating leads for your own services via online public-facing
You may not: (i) reproduce, modify or create derivative works of any RealBird Information,
(ii) sublicense, transfer, assign, rent or lease any of the RealBird Information,
or any right with respect thereto, to any third party, (iii) resell all or any portion
of the Services or RealBird Information, unless pursuant to a separate written agreement
with RealBird, (iv) use the Services, or use, provide or display any RealBird Information,
to provide any product or service that competes with any of the Services, and (v)
remove any proprietary notice language in any copy of any RealBird Information.
In addition, except as permitted by a separate written agreement with RealBird,
you may not charge a fee for the use of or access to RealBird Information (including
in connection with any service bureau or time-sharing service, or a FSBO (For Sale
by Owner) portal).
You may not reproduce, modify, decompile, disassemble, decrypt, extract or otherwise
reverse engineer or attempt to reconstruct or discover any source code of the Software,
any portion thereof, or any underlying ideas in the Software (together: "Reverse
Engineering"). If, notwithstanding this prohibition, applicable law permits
any type of Reverse Engineering, you will so inform RealBird before commencing or
permitting any Reverse Engineering, and will provide RealBird ample opportunity
to supply information necessary to achieve interoperability.
RealBird reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the Site or Services
or any or all RealBird Information, or any portion thereof, for any or no reason;
(2) to modify or change the Site or Services or any or all RealBird Information,
or any portion thereof, and any applicable policies or terms; and (3) to interrupt
the operation of the Site and Services, or any portion thereof, as it deems appropriate
to perform maintenance, error correction, or other changes.
The functionality and features of each Service are described in the appropriate
sections of the Site. RealBird reserves the right to change, delete or add features
and functions without notice.
REALBIRD PROVIDES THE SERVICES UNDER A SUBSCRIPTION-BASED MEMBERSHIP. We
offer two types of memberships:
a) FREE, feature-limited and ad-supported, basic version. You may keep your free
account indefinitely, unless terminated by RealBird in accordance to this Agreement.
b) PAID, "PRO" version, which includes all of the features and capabilities outlined
on our Site. The pricing options for the PRO Service are given on the Site, and
also in the member area of free accounts, as upgrade options. RealBird reserves
the right to change pricing without notice.
Each monthly PRO account subscription will automatically renew monthly, and each
yearly PRO account subscription will automatically renew annually, unless: (i) terminated
by you in the manner set forth in the Section entitled "Cancellations/Terminations",
(ii) RealBird is unable to collect your renewal payment through the means authorized
by you when you first purchased that subscription (as updated by you through the
Site from time to time) or (iii) we terminate your subscription. The price applicable
to a renewal period ("Term") will be the lowest price available for that
Term, as set forth on the Site on the first day of that renewal Term. Notwithstanding
the foregoing, the price charged for the first 23 consecutive automatic renewals
of a monthly PRO subscription will be the price applicable to the first month of
that subscription, and the price charged for the first automatic renewal of a yearly
PRO subscription will be the price charged for the first year of that subscription.
If a PRO subscription is not renewed pursuant to parts (i) or (ii) above, we will
immediately downgrade your PRO account to a free account. Should you wish to re-upgrade
your account, the price of that PRO subscription will be the then-current upgrade
list price. The provisions of the second paragraph of Section 4.9 (Cancellations,
You may cancel your PRO subscription at any time upon 24 hours written notice. Cancellation
notices should be sent by email to email@example.com or faxed to 866-551-2934.
The effect of a PRO subscription cancellation is that your account will be downgraded
to a free account, and your existing listings in that account will be locked (i.e.
they cannot be updated, but may be deleted) as long as the number of listings in
your account exceeds the number of listings allowed for a free account. At your
option you may request that we either: (i) delete all your listings, and leave your
free account available to you, or (ii) delete the entire account.
For yearly PRO subscriptions cancelled by you pursuant to Section 4.9 (Cancellation,
Terminations), we will issue you a refund calculated on a pro-rated monthly basis.
The refund will equal the amount paid for the most recent one-year Term of that
subscription, less a charge for each full month or portion thereof from the first
date of that Term through the effective date of the cancellation. The charge for
each such full or partial month will be the monthly subscription price published
on the Site under "Pricing" on the effective date of the cancellation. For example:
If you purchase a PRO yearly subscription at the yearly price of $99 and cancel
that subscription after 2.5 months, and the applicable monthly price is $19, the
refund will be calculated as: $99 - (3x$19) = $42. A refund processing fee of $20
may also be charged.
PRO accounts paid on a month-to-month basis are not eligible for a partial month
If RealBird discontinues any or all of the Services, no refund will be due you for
any purchased subscriptions.
If you cancel your annual PRO account subscription pursuant to Section 4.9 (Cancellations,
Termination) within 30 days of the first day of the initial or any automatic renewal
term of that subscription, we will refund to you the entire amount paid for that
initial or renewal term, as applicable.
You are responsible for maintaining the confidentiality of your password, and for
all activity that occurs under your account, whether as a result of your failing
to keep this information secure and confidential, or otherwise. You agree to notify
RealBird immediately of any unauthorized use of your account or password, or any
other breach of security. You agree that you will be liable for any losses incurred
by RealBird or any other user of or visitor to the Site due to someone else using
your password or account as a result of your failing to keep your account information
secure and confidential.
You may not use anyone else's password or account at any time without the express
permission and consent of the holder of that password or account. RealBird cannot
and will not be liable for any loss or damage arising from your failure to comply
with these obligations.
Our Listing Publisher Service allows you to create websites for properties you are
listing for sale or lease and syndicate the property information to the major classified
real estate listing portals (each: a "Portal") that are listed on our Site.
We will automatically submit your information to each of the Portals daily unless
you direct us to submit the information to none of them by giving us three (3) business
days' written notice via email to support@RealBird.com. RealBird cannot and does
not guarantee that the information that you have uploaded will be accepted or displayed
on the syndication sites, nor can we guarantee how the information will be displayed
by those sites. By using the Listing Publisher Service you accept and agree to the
Portal. It is your responsibility to research and review each Portal's applicable
terms and its suitability for your syndication needs.
If, at least 48 hours after you post a real estate listing to our Site, that listing
does not appear on one of the Portals, you may contact support@RealBird.com. RealBird
will resubmit your information to the Portal and submit a "missing listing" ticket
with that Portal's customer support. This paragraph states RealBird's sole responsibility
with respect to missing listings. If the problem is not promptly resolved after
RealBird submits the missing listing ticket, it is your responsibility to follow
up with the Portal's customer service or support organization.
It is solely your responsibility to promptly update, delete and otherwise manage
and maintain the listings and listing information and content in your RealBird account,
including but not limited to pricing, location, descriptions, links to other pages
and sites, photos, photo captions, videos and other media included or linked to.
You agree to keep all such listing information in your RealBird account up-to-date
and accurate. You understand that any incorrect, untruthful, misleading or outdated
listing information can be considered false advertising and is illegal. Should any
such incorrect, inaccurate information be brought to our attention, we reserve the
right, at our sole discretion and determination to cancel your account and delete
any or all of your listings, without prior notice to you.
The RealBird Property Search Service allows you to add property search widgets to
your website, or blog, or other social media sites, and it can also be used in stand-alone
mode. This Service is based on data provided by Oodle Inc. from its Classifieds
service (http://www.oodle.com) and through the Oodle API. YOU UNDERSTAND THAT THIS
SERVICE CAN BE PROVIDED AS PART OF YOUR RealBird SERVICE ONLY FOR AS LONG AS OODLE
INC. SUPPORTS, MAINTAINS AND PROVIDES ITS REAL ESTATE SECTION AND THE API ("APPLICATION
PROGRAMMING INTERFACE") THROUGH WHICH WE CAN ACCESS THE DATA. You agree
http//www.oodle.com/info/terms and http://developer.oodle.com/oodle-api-terms-use
You understand that the data provided through this Service is not from the MLS ("Multiple
Listing Service") or obtained under Internet Data Exchange ("IDX")
agreements. You further understand that RealBird does not claim any ownership or
assume any responsibility for the data provided by Oodle, that we have no control
over the data quality or accuracy, and that we only "pass through" a reformatted
version of that data. Therefore we are unable to assist with any corrections or
changes to that data.
The RealBird IDX Property Search Service allows you to add Internet Data Exchange
("IDX") search widgets to your website or blog, or use in standalone mode.
This Service is available only with selected Multiple Listing Services (each, an
"MLS"), which are listed on our Site or other documentation, and is provided
using IDX data from that respective MLS. You must be a member of an MLS to access
that MLS's data through this Service. The pricing of our IDX-based services will
include any fees that we are required to pay to that MLS for the data. You may be
asked to sign and file with your MLS an IDX user agreement.
The SMS/Text messaging Service is an optional feature. It allows consumers to send
a text to a phone number which is provided and provisioned for texting by an independent
third party (Twilio.com) and to receive one informational text in return. You agree
and understand in using this Service and the Twilio service, that you must comply
with all applicable rules and regulations under the Telephone Consumer Protection
Act ("TCPA"), 47 U.S.C. § 227 et seq. and the TCPA Omnibus Declaratory Ruling
and Order, July 10, 2015, as published on the FCC's website (http://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order).
If you have a PRO account, you may reserve subdomain names for your property websites
(e.g. yoursubdomain.realbird.com) for free. These subdomain names remain the sole
property of RealBird and you are only licensing them for your use for a posted property
listing or mobile website while you are an active, paying RealBird PRO service level
member. Upon any termination or cancellation of your RealBird PRO subscription,
the subdomain names assigned to you may be released into the pool of available RealBird
subdomain names and any other RealBird members may reserve them for their own use.
We reserve the right to reject any sub-domain name that you are attempting to reserve,
without cause or explanation. For example, we will reject at our sole discretion
any sub-domain names that we believe may be offensive, or that we choose to use
for our own use.
As a PRO account subscriber, your RealBird member area also includes a "Domain Name
Store" from which you can purchase and manage main domain names (e.g., "yourdomain.com"
or "yourdomain.net"). This Domain Name Store is a RealBird-branded, GoDaddy Inc.
- owned affiliate store. RealBird staff has no access to, nor control of the functioning
or content of this store, and in order to purchase domains you will be required
to set up a separate, domain name store account with separate login credentials
from your RealBird account. You understand and acknowledge that even though email
and other communications to you regarding the domains you've purchased will occur
via RealBird-branded emails, all domain name-related support will be provided directly
Store are herewith made part of and incorporated into this Agreement with respect
to your use of the Domain Name Store and names obtained therefrom.
RealBird and its Licensors (and all of the licensors and suppliers of the foregoing)
make no representations, warranties or guarantees of any kind, express or implied,
arising by law or otherwise, regarding the Services or RealBird Information. REALBIRD
DOES NOT PROMISE THAT THE SITE OR ANY RealBird Information OR FEATURE OF THE SITE
OR ANY SERVICES OR RealBird Information WILL BE ERROR-FREE, TIMELY OR UNINTERRUPTED,
WILL MEET YOUR EXPECTATIONS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE
OF THE SITE OR SERVICES WILL result in any leads or increase in business. THE SITE
AND CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. The Services,
Site and RealBird Information are subject to change without notice. RealBird cannot
ensure that any files or other data you download from the Site will be free of viruses
or contamination or destructive features.
The Services integrate with and are based on other providers' free or for-fee services,
and your own computer, network and Internet connection; therefore the response times
and availability of the Services is greatly affected by conditions beyond our control.
We make no warranty with respect to availability or response times.
REALBIRD AND OUR Licensors (and all of the licensors and suppliers of the foregoing)
DISCLAIM: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,
NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND
(ii) ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES
IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES or RealBird
Information. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED
Except where prohibited by law, notwithstanding any other provision of this Agreement,
in no event will RealBird or any of its Licensors be liable to you for any indirect,
consequential, exemplary, incidental, special or punitive damages, or any lost profits,
and RealBird's and its Licensors' total, cumulative liability to you for any direct
damages will be limited as set forth in the next paragraph. No recovery may be sought
or received by you for damages other than for direct, out-of-pocket expenses.
If RealBird is found to be liable to you for any direct or other damages, expenses
or losses that arises out of or in connected with this Agreement (including your
use of or inability to use the Site or any Services or RealBird Information, or
in connection with any of Your Information), RealBird's and its Licensors' cumulative
liability to you shall in no event exceed the greater of (i) the total of any subscription
or similar fees that you paid to RealBird in the six months prior to the date you
made your first claim against RealBird, or (ii) US $100.00. Some jurisdictions do
not allow limitations of liability, so the foregoing limitation may not apply to
The limitations on liability and disclaimers of remedies, warranties and damages
stated in this Agreement apply regardless of: (i) whether any specified remedy fails
of its essential purpose, (ii) the form of action (e.g., contract, tort, statute,
breach of fiduciary duty, or other legal theory) and (iii) whether RealBird or any
Licensor was informed of the possibility of such damages or such damages were foreseeable.
THESE LIMITATIONS AND DISCLAIMERS REFLECT THE PARTIES' REASONABLE ALLOCATION OF
THE RISKS ASSOCIATED WITH THIS AGREEMENT AND ANY PERFORMANCE OR NON-PERFORMANCE
HEREUNDER, HAVE BEEN TAKEN INTO SETTING THE PRICE OF THE SERVICES, AND ARE INCLUDED
IN THIS AGREEMENT AS A MATERIAL INDUCEMENT FOR RealBird TO ENTER INTO THIS AGREEMENT.
You agree that RealBird may, in its sole discretion and without prior notice, terminate
your account and access to the Site, Services and RealBird Information, with or
without cause. For example, we may take these actions if: (1) we receive a request
by law enforcement or other government agencies, (2) we receive a request by you
(self-initiated account deletions), (3) we receive a complaint against you from
any third party or government organization, (4) we discontinue or materially modify
the Site or any Service, (5) you breach any provision of this Agreement, (5) you
use the Site, Services or any RealBird Information in an unlawful manner, or (6)
there are unexpected technical issues or problems related to the Site, Services
or your account. You agree that RealBird will not be liable to you or to any third
party for termination of your account or your access to the Site, Services or RealBird
you from any consumer or other third party, you agree to provide us your full and
good faith cooperation and accept and abide by our decision.
You agree to indemnify, defend and hold RealBird, its Licensors and sublicensees,
and each of their respective officers, directors, shareholders, predecessors, successors
in interest, employees, agents, subsidiaries and affiliates (each, an "Indemnitee"),
harmless from any demands, claims or suits against any of them by any third party
due to or arising from or in connection with: (i) your use of the Site or any Services
or RealBird Information, (ii) any of Your Information, (iii) your breach of any
provision of this Agreement, or (iv) any service or information you provide or fail
to provide to a third party; and will upon demand reimburse each Indemnitee for
any loss, liability and expenses (including attorneys' fees) incurred by it, him
or her arising from or in connection with any of the foregoing.
RealBird may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any investigation
or complaint regarding your use of the Site or Services or RealBird Information,
or to identify, contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally) RealBird's
rights or property, or the rights or property of visitors to or users of the Site,
including RealBird's customers. RealBird reserves the right at all times to disclose
any information that RealBird deems necessary to comply with any applicable law,
regulation, legal process or governmental request. RealBird also may disclose your
information when RealBird determines that applicable law requires or permits such
disclosure, including exchanging information with other companies and organizations
for fraud protection purposes.
You acknowledge and agree that RealBird may preserve any transmittal or communication
by you with RealBird through the Site or any service offered on or through the Site,
and Your Information, and may also disclose such data if required to do so by law
or if RealBird determines that such preservation or disclosure is reasonably necessary
claims that any such data violates the rights of others, or (4) protect the rights,
property or personal safety of RealBird, its employees, users of or visitors to
the Site, and the public.
Any feedback you elect to provide at or regarding the Site, Content, Services or
RealBird Information shall be deemed to be non-confidential. You represent and warrant
that RealBird shall be free to use such feedback on an unrestricted basis without
payment to you.
Reference to any products, services, processes, hypertext links to third parties
or other information by trade name, trademark, manufacturer, supplier or otherwise
does not constitute or imply the endorsement, sponsorship or recommendation of RealBird
or its Licensors.
The RealBird name, trademark and logo, and other trademarks and trade names owned
or licensed by RealBird, may not be used in any commercial manner without the prior
written consent of RealBird.
You agree that all matters relating to your access to or use of the Site, Services
and RealBird Information, and all matters relating to Your Information, including
all disputes, and all other disputes between the parties arising under this Agreement,
will be governed by the laws of the United States and by the laws of the State of
California without regard to its conflicts of laws provisions. You agree to the
personal jurisdiction by and venue in the state courts in San Mateo County, California,
and federal courts in Santa Clara County, California, and waive any objection to
such jurisdiction or venue. You may bring suit against RealBird only in such courts,
except that if you are a consumer residing in the European Union, you may bring
suit in the courts of the country in which you reside. If any of the provisions
to be void or unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary and replaced with a valid provision that best embodies
force and effect. Any claim under these Terms of
Use must be brought within one (1) year after the cause of action arises, or such
claim or cause of action is barred.
Any dispute or claim arising under or in connection with this Agreement or relating
in any way to the Site, Your Information, or any Service, Content or RealBird Information,
will be resolved by binding arbitration, rather than in court. The Federal
Arbitration Act and federal arbitration law apply to this agreement. Arbitration
will be conducted on a confidential basis, and the results of arbitration will also
be confidential except to the limited extent required to enforce an award.
There is no judge or jury in arbitration, and court review of an arbitration award
is limited. However, an arbitrator can award on an individual basis the same damages
and relief as a court (including injunctive and declaratory relief or statutory
damages), and must follow the terms of this Agreement as a court would.
An award of arbitration may be confirmed or enforced in any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration
and describing your claim to us at:
101 Cooper Street
Santa Cruz, CA 95060
The arbitration will be conducted by the American Arbitration Association (AAA)
under its rules, including, to the extent applicable, the AAA's Supplementary Procedures
for Consumer-Related Disputes. Any such arbitration shall be conducted by an arbitrator
experienced with claims involving internet services. The AAA's rules are available
at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration
and arbitrator fees will be governed by the AAA's rules. Any decision or award as
a result of any such arbitration proceeding will be in writing and, if a claim is
for more than $5000, will provide an explanation for all conclusions of law and
fact. The decision or award may include an assessment of costs, expenses, and reasonable
attorneys' fees if, and solely to the extent that, a claim or defense is judged
frivolous. You may choose to have the arbitration conducted by telephone, based
on written submissions, or in person in San Mateo County California or at another
mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or representative action.
If for any reason a claim proceeds in court rather than in arbitration we each waive
any right to a jury trial. We also both agree that notwithstanding this
Section, you or we may bring suit in court to enjoin infringement or other misuse
of intellectual property rights, or to enforce a party's rights or obligations Sections
7.4 (Indemnity) or 4.4 (Use of Software, Prohibitions) of this Agreement.
regard to the Site, Services, Content, RealBird Information and Your Information,
and all other subjects addressed herein; any and all other written or oral agreements
or understandings previously existing between you and RealBird with respect to such
use are hereby superseded and cancelled RealBird will not accept any counter-offers
as a waiver by RealBird of any provision or any right it has to enforce these Terms
of Use, nor shall any course of conduct between RealBird and you or any other party
not be interpreted or construed to confer any rights or remedies to or on any third
This policy may change from time to time, so please check back periodically.
To report any suspected fraudulent use of our Site or any of our Services please
email firstname.lastname@example.org, providing a detailed description of why you suspect fraud
(including links to any information of pages you consider fraudulent) and how we
can reach you.
The Services are available only to Real Estate Professionals in the USA, Canada
and the UK. The pricing for the PRO Service is published on our public Site and
in the member area of free service accounts.
We will, from time to time, send you updates and information about our Services
via HTML formatted email newsletter. The primary purpose for these emails will be
to let you know of new features and service offerings, or offers to upgrade your
free account. We may, at our sole option and choosing, also include partner service
offerings. You agree to receive these emails, and understand that you may not hold
a free membership without agreeing to receive such email communications.
You may contact us at:
101 Cooper St, Santa Cruz, CA 95060
Toll free: (866) 551-2934
RealBird PRO is available for real estate agents and brokers in the USA, Canada and
As a special offer, RealBird PRO costs only $149
$19/month for a limited time.
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