RealtyJuggler Terms & Conditions
Please read through these Terms & Conditions carefully. By accessing the RealOrganized, Inc web sites at www.RealtyJuggler.com (Site) or by otherwise accessing any content found on this web site, you are deemed to have entered into this agreement with RealOrganized, Inc. and to have agreed to be bound by the terms set out below. If you do not agree with these Terms & Conditions, THEN DO NOT USE THESE WEBSITES.
FREE Trial Version
RealOrganized, Inc. offers all of its software/services on a free trial basis. Try our software at no cost. If you like it, buy it. The trial version of our software is complete and fully-functional. However, there are two limitations. The flyer templates, and bulk email is only available for Paid Members and is not available in the Free Trial. In all other respects the free trial is exactly the same as the paid version.
RealtyJuggler is made available on a Membership basis. Memberships are sold by period, with the specific duration specified at point of purchase. RealOrganized, Inc. may, at its discretion, change the Membership fees from time to time. However, existing Members will never have their rate raised above that which was first used when the initial Membership was purchased.
You may discontinue your Membership by choosing not to pay the Membership fee. This will cause your Membership to Expire. An Expired Membership can be reactivated without loss of data, by paying your Membership fee within 60 days after your expiration date. Expired Memberships can be accessed read-only.
Either you or RealOrganized, Inc. may Cancel your RealtyJuggler Membership at any time for any reason by providing written notice to the other party. RealOrganized, Inc. will refund a pro rata portion of any remaining Membership upon Cancellation.
Copyright & Trademark
Copyright 2004-2013 RealOrganized, Inc. and its licensors. All Rights Reserved. The Software, web sites (RealOrganized.com and RealtyJuggler.com), and all associated documentation and materials are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. RealOrganized, RealtyJuggler and the phrase "Organizational Software for Real Estate" are trademarks (TM) of RealOrganized, Inc. in the United States and other countries. These trademarks may not be used for commercial purposes without the prior written consent by RealOrganized, Inc.
You may use RealtyJuggler to send email to people that you know, have a business relationship with, or who have explicitly given you permission to send email to. Unsolicited email is not permitted. We comply with CAN-SPAM federal regulations and do not permit SPAM. Accounts in violation with this rule will be immediately terminated.
RealtyJuggler may not be used for hosting content that infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libelous material or other material that violates any applicable law or regulation.
Except as expressly stated herein, this Software License Agreement does not grant you any intellectual property rights in the Software. All rights not specifically granted in this License, including Federal and International Copyrights, are reserved by RealOrganized, Inc. The Software and any copies are the intellectual property of and are owned by RealOrganized, Inc. The structure, organization and code of the Software are valuable trade secrets and confidential information of RealOrganized, Inc. You may not modify, adapt or translate this software. The software must remain complete and unmodified. You may NOT alter, decompile, disassemble, or reverse engineer the software, or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted under applicable law.
You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to this Agreement. You agree to comply with the U.S. Export Administration Regulations and such other laws, regulations, or requirements as may apply to your receipt, re-export and use of the hardware, software, and technology provided to you. This provision shall survive the termination of this contract.
RealOrganized, Inc. offers technical support as long as long as your Membership is active. Technical support is provided for products used on a free-trial basis as long as the free trial is active. Technical support is available via the online helpdesk.
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and RealOrganized, Inc. expressly disclaims all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non infringement of third party rights. RealOrganized, Inc. does not warrant that the functions contained in the software will meet the requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. Furthermore, RealOrganized, Inc. does not warrant or make any representations regarding the use or the results of the use of the software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by RealOrganized, Inc. shall create a warranty or in any way increase the scope of this warranty. Should the software prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
You shall indemnify and hold harmless RealOrganized, Inc. from and against any claims or lawsuits, including attorney's fees, that arise or result from the use this software. RealOrganized, Inc. expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will RealOrganized, Inc., its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of this software, even if RealOrganized, Inc. has been advised of the possibility that such damages may arise. Under no circumstances, including negligence, shall RealOrganized, Inc. be liable for any incidental, special, indirect or consequential damages arising out of or relating to this license. Some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not alloy to you. In no event shall RealOrganized, Inc's total liability to you for all damages exceed the amount that you paid for the Software.
RealOrganized, Inc. web Site contains links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under RealOrganized, Inc. control, and RealOrganized, Inc. is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Governing Law; Jurisdiction; Venue
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Larimer County, Colorado, and waive any objection to such jurisdiction or venue. Any claim must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
Any controversy or claim arising out of or relating to this contract or breach thereof shall be settled by arbitration in accordance with the Rules for Binding Better Business Bureau (BBB) Arbitration, and the judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Disputes alleging criminal or statutory violations are precluded from arbitration proceedings; Decisions reached by the arbitrator(s) will be based on standards of fairness and/or application of the law. This Agreement to Arbitrate affects important legal rights, such as filing suit, and unless this arbitration clause is executed by customer initial or signature, the Agreement to Arbitrate is not mandated and therefore consent to arbitrate must be obtained prior to seeking resolution to any dispute. There will be no cost to the customer or the business for use of this service if the business is a BBB Member. If the business is a non-BBB Member, the business alone will be responsible for associated costs of this service. Further information about the arbitration process can be obtained by contacting the BBB.
Changes to these Terms
RealOrganized, Inc. can, at its discretion, change these Terms. When terms are changed, RealOrganized, Inc. will notify you by publishing these changes to our web Site. If you use the Site after RealOrganized, Inc. has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site.
Last Modified: Jan 1, 2013