These Terms constitute part of the Agreement regarding the Services between you and the applicable RealUtour Company. These Terms provide important information to you, including information about your obligations when using the Services, about the content you access through the Services, about the content you contribute to the Services, and about the limits of our liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement.
RealUtour may update these Terms and Conditions at any time and without notice. The latest version of the Terms and Conditions is available on the Website and your use of the Website or Services is conditioned upon your acceptance of the latest version of this Agreement accessible on the Website at the time of your use.
PLEASE NOTE WHERE PERMITTED BY APPLICABLE LAW, THIS AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION. PLEASE READ THESE TERMS CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.
In order to use the Services of the Websites, you acknowledge that you are: 1) at least the age of majority in the state, province, or territory where you live to use the services, and 2) a resident of the United States or Canada. If you are under 13 years old, do not use the Services.
Except as expressly stated herein, this Agreement does not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.
You agree not to copy, distribute, display or create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. You also agree not to remove or modify any copyright or other intellectual property notices that appear in the Services.
You will not assert ownership rights of any kind in any data that you view or obtain through the Services.
SUBMISSION AND ADMINISTRATION OF SERVICES
You understand and agree that all information provided on the Website are estimations, and only to be used as such. This Website Data is based on limited information, and you agree to only use such data as an estimation for all purposes. Individual financial and personal circumstances vary, and as such, by access the Website and the Services, you acknowledge that all products and services, including fees, regulations, and rates may be different from those listed on the Website.
Listings may only be posted to, or updated on, the RealUtour Services by the owner of the listed property or by the contracted, exclusive listing Agent for such listing. RealUtour may require that you provide proof you are the owner of the subject property, or that you have an exclusive right to post or advertise the listing (e.g., by requiring a copy of the listing agreement). If RealUtour is unable to verify that you are the homeowner or are the contracted, exclusive listing Agent, RealUtour may remove the listing at any time at its sole discretion.
You agree that any data submitted or processed through the Services will be captured, stored, and will become the sole property of RealUtour. You hereby grant RealUtour an irrevocable license and right to use, reproduce, resell, and otherwise profit from, in any manner now known or later developed, such transaction data captured through the Services. The foregoing notwithstanding, RealUtour will not publish, use or resell any personally identifying information.
You (a) represent and warrant that all information you provide, including submitted Content, will be accurate; and (b) agree to maintain the accuracy of all required information and Content at all times. You agree to indemnify and defend RealUtour for any liability arising out of incorrect or falsely advertised content. All Content is the sole responsibility of the User providing the same, and all Users agree that RealUtour bears no responsibility for the accuracy, legality, or completeness thereof.
RealUtour LLC, a Utah limited liability company, uses email and text as its primary communication channel with you, its registered user (“you”). As a registered user of the RealUtour platform, you hereby acknowledge and grant us permission to communicate with you via email or text for any purposes determined to be relevant including, but not limited to, your transaction(s) with RealUtour, system messages, product updates, service announcements and other marketing messages. You represent that you are the account holder of the mobile telephone line associated with your registration, or that you have the account holder’s permission to receive communications from RealUtour. You consent to receive text messages from RealUtour.
You can cancel the SMS service at any time. Just reply “STOP” to stop receiving SMS service from RealUtour.
We may share your Personal Information with third-party service providers that assist us in providing the Services. We use reasonable efforts to do so with the appropriate contractual protections in place to ensure that your Personal Information is protected and used only in accordance with this Privacy Notice. You expressly giveRealUtour permission to provide its third-party service provider partners all contact and Property information you provide RealUtour following your positive indication of interest in information, goods, or services provided by such third party. You give your expressed consent, by using the Services, that RealUtour may share your email address, phone number, or other contact information between RealUtour.
RealUtour will have no liability for sending any email or text message to its registered users, regardless of content. You acknowledge and agree that RealUtour may record telephone and other electronic communications it has with you for internal business purposes, including but not limited to training and quality assurance purposes.
You are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, log in, or password. RealUtour is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information, or password.
You may only use the Website, Apps, and Services for bona fide purposes. You may not submit false information, fake or inauthentic tour requests, offers, or inquiries, or use the Website to disparage RealUtour, or, in connection with producing inauthentic reviews, posts, or other negative and public-facing content, regardless of where posted. You may not impersonate other people or use fake, newly created, or duplicate (Facebook or Gmail accounts) or other inauthentic accounts or credentials to access the Website, Apps, or Services. You may not create more than one account with RealUtour and your account may only reflect your accurate and authentic identity information.
RealUtour retains all rights including intellectual property rights, title, and interest in the Website, Apps, other technology of RealUtour, email databases, and all underlying technology and data, including any enhancements and improvements thereto as a result of providing the Services hereunder. You may not, and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell, or transfer the underlying source code or structure or sequence of RealUtour’s technology or delete or alter author attributes or copyright notices. You are permitted to use the Services solely for your own use and may not allow others to use the Services through your login ID/email and password. You may not use the Website or Services on behalf of any other person or in a service bureau capacity.
LIMITATION OF LIABILITY. REALUTOUR IS NOT LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY ANY USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SERVICES. Your exclusive remedy and RealUtours’ entire liability under this Agreement shall be a refund of fees paid hereunder. In no event will RealUtours’liability for any reason exceed the number of fees you have actually paid to RealUtour. If you have not paid RealUtour any fees, the maximum liability for any loss or liability of any kind or nature, regardless of the theory of liability, will not exceed the total of the fees to be collected by RealUtour at the end of the Services. RealUtour (and their officers, directors, employees, and agents) shall not be liable for any damages whatsoever arising from your use of the Apps, Website, or Services.
INDEMNIFICATION. You agree to indemnify RealUtour (and their officers, directors, employees, and agents), and hold each of them harmless from and against any and all costs, damages, or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than you arising from your use or application of the Website, App or Services. Further, you agree not to bring suit, file a complaint or cooperate in any action claiming RealUtour acted on your behalf, represented you in connection with any activity related to real estate, mortgage services, settlement services, or closing services, or conducted any other activity that would be in violation of applicable real estate laws or regulations.
GOVERNING LAW; ARBITRATION
ARBITRATION. This Agreement and the Services provided by RealUtour, shall be governed by the laws of the State of Utah, without reference to conflict of laws principles. Any dispute related to this Agreement shall be submitted to binding arbitration in Salt Lake City, Utah. Notice of any claim requiring arbitration shall be submitted to the American Arbitration Association and one arbitrator shall be chosen in accordance with AAA’s standard procedures. The parties agree that for any matter requiring judicial intervention jurisdiction and venue will be the State and Federal courts of Salt Lake County, Utah. All claims or causes of action related to this Agreement or the Services must be brought within one year of such the initial event that gave rise to such claim or cause of action, or the same will be barred, cannot be brought or enforced against RealUtour and of no further force and effect.
ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign, sublicense or otherwise transfer this Agreement or the rights hereunder without the prior written consent from RealUtour Technology Inc.
WAIVER, SEVERABILITY, AND SURVIVAL. The failure of RealUtour to exercise or enforce a legal right or remedy contained in this Agreement does not constitute a waiver of any such right or remedy. No waiver of any right, term, or provision of this Agreement is deemed a waiver of any other right, term, or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, the User agrees to continue to abide by such provision and that the remaining terms and provisions will remain in full force and effect. 37.
NOTICES. All notices to RealUtour must be in writing and must be sent via registered mail, certified mail, or overnight mail with a return receipt requested to Jake Taylor at RealUtour LLC.
COUNTERPARTS AND FACSIMILES. You agree that any electronic transmission of a signed copy of transaction data shall be the same as delivery of an original. You further agree that any transaction may be in counterparts, each of which is deemed an original, but all of which together constitute one and the same agreement. These documents may be delivered by facsimile transmission, and facsimile copies of executed signature pages shall be binding as originals.
ENTIRE AGREEMENT. This Agreement, with the relevant specific provisions for Services used, constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. No representative of RealUtour may make oral modifications or amendments to this Agreement. Only written modifications signed by an executive of RealUtour LLC will be valid.
LIMITED AGENCY OR REPRESENTATION. By using the Services on the Website you are entering into a buyer/seller broker agreement with RealUtour. You will be required to sign either a Listing Agreement and Agency Disclosure (the “Listing Agreement) or a Buyer Broker Agreement (the “Buyer Agreement”). You further agree that, if both you and the other party involved in the same real estate transaction are RealUtour customers, RealUtour may provide services to both parties involved in the transaction. A limited agent must remain neutral in the representation of a seller and buyer, and may not disclose to either party information likely to weaken the bargaining position of the other. Material facts concerning a defect in the property or a client’s ability to perform on the contract do not fall within the scope of such confidentiality. You understand, by using the Website and the Services, that you are using RealUtour, but that you may terminate this relationship upon written notice to RealUtour. You agree that RealUtour is not liable for unknown material facts about the property and those unknown material facts cannot, under any circumstances, be disclosed by RealUtour. You further agree that you waive the right to, in the event that both buyer and seller are RealUtour customers, undivided loyalty, absolute confidentiality, and full disclosure from RealUtour or the Services provided by RealUtour. By physically or electronically signing any documents produced or transmitted through the Services, you expressly represent and warrant that you have read and that you understood all provisions contained therein. In order to use any buyer services provided by RealUtour, you agree and understand that you must sign a buyer-broker agreement. Without signing the buyer-broker agreement, RealUtour cannot assist you with purchasing a property. In order to use any seller services provided by RealUtour, you agree and understand that you must sign a listing agreement. Without signing a listing agreement, RealUtour cannot assist you with the sale of your property. All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by RealUtour or the MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.
CANCELLATION. You may cancel your application at any time by contacting RealUtour. If there has been no activity or response from you regarding the Services for a period of more than 30 Days, RealUtour reserves the right to remove such application in its sole discretion. RealUtour Insurance will remove any applications where timely payment has not been made or has been revoked.