Terms Of Use - RealBird.com

Terms Of Use

Last updated: February 16, 2015

1. Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use" or "Agreement") 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 portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, RealBird grants you a personal, non-exclusive, 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 legal@realbird.com or ph/fax: (866) 551-2934.

2. Content

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 competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content 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.

3. Your Use of the Site

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 entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of RealBird or others. You may not use any Content or RealBird Information to compete with RealBird.

4. The Services

4.1 Definitions:

"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 described in these Terms of Use below under Section 6 (Terms Applicable to Specific 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".

4.2 Your Information, License, Copyright Complaints:

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 Infringement. http://www.realbird.com/?p=content.dmi

4.3 Use of Services and RealBird Information, License, Prohibitions:

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 websites.

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).

4.4 Use of Software, Prohibitions:

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.

4.5 Changes to Services and Site:

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.

4.6 Service Functionality and Features:

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.

4.7 Account Types, Pricing:

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.

4.8 Renewals:

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, Terminations) apply.

4.9 Cancellations, Terminations:

You may cancel your PRO subscription at any time upon 24 hours written notice. Cancellation notices should be sent by email to cancel@realbird.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.

4.10 Refunds:

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 refund.

If RealBird discontinues any or all of the Services, no refund will be due you for any purchased subscriptions.

4.11 One Month Money-back Guarantee:

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.

5. Accounts, Passwords and Security

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.

6. Terms Applicable to Specific Services

6.1 RealBird Listing Publisher:

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 terms of use, privacy policies and other terms and conditions applicable to each 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.

6.2 RealBird Property Search:

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 to read, understand and accept the terms of use pertaining to Oodle's services at: 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.

6.3 RealBird IDX Property Search:

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.

6.4 RealBird SMS/Texting Service:

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. ยง 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).

6.5 RealBird Sub-Domain Names and Domain Name Store:

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 by GoDaddy. support staff. All terms of use applicable to GoDaddy's Domain Name 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.

7. Warranty, Liability and Other Legal Provisions

7.1 Disclaimer of Warranty and Liability:

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 SITES.

7.2 Limitation of Liability:

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 you.

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.

7.3 Termination of Your Account and Access to the Site:

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 Information, as permitted in the Terms of Use. If we receive a complaint against 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.

7.4 Indemnity:

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.

7.5 Violation of These Terms of Use:

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.

7.6 Preservation and Disclosure of Communications and Data:

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 to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to 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.

7.7 Feedback and Information:

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.

7.8 Disclaimer of Endorsement:

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.

7.9 Trademarks:

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.

7.10 Governing Law; Venue; Severability; Limitation of Actions:

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 of these Terms of Use are held by a court or other tribunal of competent jurisdiction 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 the intent of these Terms of Use, so that these Terms of Use shall remain in full 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.

7.11 Arbitration:

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:

RealBird, Inc.
Legal Department
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.

7.12 Entire Agreement, Waiver:

These Terms of Use constitute the entire agreement between you and RealBird with 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 to these Terms of Use, and all such offers are hereby rejected. RealBird's failure to insist on or enforce strict performance of these Terms of Use shall not be construed 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 be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies to or on any third parties.

7.13 Privacy:

RealBird's Privacy Policy (http://www.realbird.com/?p=content.privacy) applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. This policy may change from time to time, so please check back periodically.

7.14 Fraud Reporting:

To report any suspected fraudulent use of our Site or any of our Services please email fraud@realbird.com, 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.

8. Coverage and Pricing

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.

9. Acceptance of RealBird Newsletter and Other Communication Email Delivery

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.

10. Contact

You may contact us at:

RealBird Inc.
101 Cooper St, Santa Cruz, CA 95060
Toll free: (866) 551-2934
Web: http://www.realbird.com
Email: legal@realbird.com

Coverage and Pricing

RealBird PRO is available for real estate agents and brokers in the USA, Canada and the UK.

As a special offer, RealBird PRO costs only $149 $99/year or $19/month for a limited time.

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