Introduction

Thank you for using RealtyBackOffice.com! This website is owned and operated by REALTYBACKOFFICE INC, a Florida Corporation located at 10508 North Kendall Drive, Miami, FL 33176 (hereinafter referred to as “we”, “us”, “our”, or “RBO”). By visiting our website at https://realtybackoffice.com/ (the “Website”) and accessing the information, resources, services, products, and tools we provide, you the account holder, and all parties you cause to access the Website (including but not limited to your agents, employees, users, or third-parties) understand and agree to accept and adhere to the following terms and conditions as stated in this Terms of Use (hereafter referred to as the “User Agreement”) and the terms and conditions of our Privacy Policy as posted on our Website (the “Privacy Policy”). Please refer to the “Privacy Policy” section below for more information.

We reserve the right to change this User Agreement from time-to-time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Section I – Responsible Use and Conduct

By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by:

1. The terms of this User Agreement; and,
2. Any and all applicable laws, regulations, and generally accepted online practices or guidelines.

By your use of the Website you acknowledge and agree that:

3. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources;
4. Any information you provide is accurate, correct, up-to-date, and updated in a timely manner if said information changes;
5. We have the right, upon written request, to receive proof of the accuracy of all information you provide to us through the Website or otherwise;
6. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources;
7. You are responsible for all activities that occur under your account(s);
8. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited;
9. You will not access (or attempt to access) any of our Resources through any automated, illegal, unethical, or unconventional means;
10. You will not engage in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected;
11. You will not attempt to copy, duplicate, reproduce, sell, trade, or resell our Resources;
12. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained in this User Agreement, and may incur criminal or civil liability for any such unauthorized activities;
13. You affirm, represent and warrant to us that you own or have the necessary licenses, rights, consents, and permissions to publish any and all transaction or other data that you enter into the Website or otherwise submit to us (the “Data”);
14. You hereby license to RBO all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Data for any and all purposes, including but not limited to publication of such Data on the Website. You retain all of your ownership rights in the Data you provide to us;
15. By submitting Data to us, you grant RBO a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Data in connection with the Website and all of our (and our successors’ and affiliates’) businesses, including without limitation, for promoting and redistributing the Data in any media formats and through any media channels that we, in our sole discretion, deem appropriate;
16. In addition to our use of the Data, we may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that we generally do not pre-screen or monitor the content posted by users of these various communication tools; this means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner;
17. You will not upload, post, share, or otherwise distribute any content that:
    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
    3. Contains any type of unauthorized or unsolicited advertising; or,
    4. Impersonates any person or entity, including any RBO employees or representatives.
18. We have the right to remove any content that we, in our sole discretion, determine (i) does not comply with the terms and conditions of this User Agreement or (ii) is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks;
19. We are not responsible for any delay or failure in removing such content;
20. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us; and,
21. We do not assume any liability for any content posted by you or any other third party users of our Website. By posting or otherwise submitting to us any and all content using any open communication tools on our Website, you grant to us a perpetual, irrevocable, worldwide, royalty-free, license to all such content that gives us the right to, without limitation, reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process and is necessary to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.

Section II – Billing

1. RBO Website features and Resources (including previously created transactions, contacts, leads, etc.) require a paid account to access and RBO reserves the right to block you from any and all access if you do not have a paid account.
2. Your RBO account is subscription-based and will be charged on a package and/or per-user basis in accordance with the following terms:
   1. RBO will not reduce the price of your subscription package on a per capita basis.
      1. E.g. If your subscription package provides for 10 users to access RBO but your brokerage only needs 9, you must still pay for a 10 user package.
   2. You may elect to add user accounts per capita (“add-ons”) for an additional fee per user.
      1. E.g. If your subscription package provides for 10 users to access RBO but your brokerage needs 11, you may pay an additional fee for user 11.
   3. Only the Account Holder and your users have access to the RBO Website and Resources.
   4. Any user from a different brokerage that the Account Holder or user adds to a transaction, as well as any third parties or clients added to a transaction, need not have a paid account.
   5. You will be billed for your RBO subscription monthly. We reserve the right to modify our fees at any time for any reason upon notice to you through posting on our website or notification by email. Any increase in fees will be prospective only, beginning with the next subscription period. If you attempt to circumvent paying for accounts as required by the above terms, then RBO reserves the right to terminate any and all accounts that are in violation of these terms.
   6. RBO does not provide refunds for payments you make to our company under any circumstances. All payments made by you to RBO are non-refundable, regardless of how you view the performance of our product and/or regardless of your intentions when paying for our product.
   7. If you wish to downgrade your subscription you may do so once per year by emailing us at support@realtybackoffice.com. Deactivated user accounts will lose access to any and all data stored with RBO. All deactivated user account data will still be accessible by the account administrator.
   8. If you wish to upgrade a canceled or deactivated account, you must first reactivate your subscription. After reactivating your subscription you can upgrade your subscription or purchase add-ons. However, you will not receive access or be charged at the new rate until the following billing period.
   9. If you wish to cancel future payments under your subscription, you can do so by emailing us at support@realtybackoffice.com with the subject line “Cancel Subscription” at any time. We will make an attempt to respond to your request within 24 business hours. Subscription cancellation requests made via any other method by you will not be honored, and you will be responsible for all future payments that continue to be charged to your account until you cancel your subscription in the manner required above. RBO does not provide prorated refunds for subscription cancellations made prior to the duration of your subscription.

Section III – Privacy

Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of this User Agreement. Click here to read our Privacy Policy in its entirety.

Section IV – Electronic Signature Consent

In accordance with the Electronic Signatures in Global and National Commerce Act, before we can accept your personal information and allow you to sign and submit documents electronically, you need to be aware of the following information and must affirmatively agree to the following:

1. Your responses to all account questions throughout either the enrollment or electronic signature process may be recorded and made part of your electronic history;
2. As part of the use of electronic signatures, you may be required to create a log-in and password for future use, consisting of your unique username and a password specifically chosen by you. You must keep your password confidential as it can be used to electronically sign additional documents;
3. You can return to our website at any time to review, save, and print the documents you signed electronically; and,
4. You have read and agree with the verification and security procedures in our Privacy Policy and the Terms.

By signing up for an RBO account and using our Website or Resources you acknowledge and agree to all of the following:

1. You have read and understood this User Agreement;
2. You agree that your electronic signature is the equivalent of a manual signature and that we may rely on it as such in connection with any and all agreements you may enter into using the Website, Resources, and any documents you electronically sign using them;
3. You acknowledge and agree that it is your obligation to immediately advise us of any change in your electronic address (i.e. email address);
4. You acknowledge and agree that it is your obligation to immediately advise us in the event that you withdraw your consent to use electronic means for use of the Website or Resources;
5. You agree to the terms set forth above;
6. You acknowledge and agree that the various security and verification procedures adopted by us in the Privacy Policy in connection with the documents to which you will affix your electronic signature constitute reasonable and secure security procedures; and,
7. You acknowledge and agree that in the event that any person is known to you (whether it be a family member, member of your household, or otherwise) misappropriates any of the security devices connected with your RBO login/electronic signature account and such misappropriation could not reasonably be detected by us, we shall have the right to treat all resulting electronic signatures as though they were affixed by you.

Section V – Document Storage Policy

RBO will not unilaterally delete any documents, data, or information associated with your account. Only your account administrator may delete or modify documents, data, or information associated with your RBO account. You are responsible for backing up any and all documents, data, and information associated with your account.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RBO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES DUE TO THE LOSS OF DOCUMENTS, DATA, OR INFORMATION ASSOCIATED WITH YOUR RBO ACCOUNT.

Section VI – Dispute Resolution and Intellectual Property

By using our Website, you expressly acknowledge and agree that all Resources we provide are “as is” and “as available.” While we work hard to ensure 99.9% uptime of our site, we do not represent or warrant to you or offer you any assurance whatsoever that:

1. The use of our Resources will meet your needs or requirements;
2. The use of our Resources will be uninterrupted, timely, secure or free from errors or bugs;
3. The information obtained by using our Resources will be accurate or reliable; and,
4. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you expressly acknowledge and agree that:

5. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
6. No information or advice, whether expressed, implied, oral or written, obtained by you from RBO or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

7. In conjunction with the Limitation of Warranties as explained above, you expressly acknowledge and agree that any claim against us is subject to the Arbitration Agreement below and shall be limited to the amount you paid, if any, for use of products and/or services. RBO will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Indemnification

8. You agree to indemnify and hold harmless RBO and its affiliates, and their respective directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Copyrights/Trademarks

9. All content, materials, and data available on RBO, including but not limited to text, graphics, website name, code, images, logos, data, or any other information that can be found on the RBO Website, are the property of RBO, and are protected by applicable copyright and trademark law. Any prohibited or inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any data or other content on the Website is strictly prohibited unless specifically authorized in writing by RBO.

RealtyBackOffice.com DMCA Procedure

1. REALTYBACKOFFIC INC respects the intellectual property rights of others and we expect our users to do the same. Consistent with the Digital Millennium Copyright Act of 1998, we will respond promptly to claims of copyright infringement committed using our Website, Resources, and Services (the “Services”) if the claims comply with the law and are properly reported to our Designated Agent. Our Designated Agent is:

REALTYBACKOFFICE INC

c/o Javier Alvarez

10481 N Kendall Drive, D-203

Miami, Florida 33176

contact@realtybackoffice.com

1. If you are a copyright owner (or are authorized to act on behalf of one) please report alleged copyright infringements taking place on or through RBO by completing the following DMCA Notice of Alleged Infringement and delivering it to RBO’s Designated Agent.
2. Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate. Inappropriate circumstances, we may terminate and/or disable the registration and/or subscription of persons suspected to be infringing the copyrights (or other intellectual property rights) of others in accordance with the terms and conditions under Termination of Use below. We also may remove or disable access to material that may be infringing or the subject of infringing activity.
3. Any rights not expressly granted herein are reserved by REALTYBACKOFFICE INC, a Florida Corporation located at 10481 North Kendall Drive, D-203, Miami, FL 33176. Copyright © 2014. All rights reserved.

Termination of Use

4. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any or no reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating our relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
5. We do not honor requests to delete user accounts from our system. Once you create an account, it will remain in our database, system, or Website for as long as we choose to leave it there.

Mandatory Arbitration and Class Action Waiver

6. Arbitration: You agree that any claims or disputes (“Claims”) that arise out of or relate in any way to this User Agreement, our Privacy Policy, the Website, Resources, or any service will be resolved by final and binding arbitration instead of litigation in Court. In arbitration, there is no judge and no jury. Rather, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in courts is very limited.
   1. Class Action Waiver: You agree that all claims arising out of this User Agreement, our Privacy Policy, the Website, Resources, or any service will be resolved on an individual basis and that there will be no class, representative, or consolidated action or actions in arbitration. In addition, neither you nor we may participate in a class or representative action in court as a class member if the claims asserted at arbitration are within the scope of this Agreement and asserted directly by you or us. You and RBO waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration will not apply. However, the Jury Trial Waiver set forth below will remain in full force and effect.
   2. Arbitrator Authority: The arbitrator’s authority is governed by this arbitration agreement. You and RBO agree that the arbitrator may award the same relief that a court of competent jurisdiction could, but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with RBO. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under applicable law.
   3. Arbitration Procedures: You and RBO agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at adr.org or by calling 1-800-778-7879. If the Claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim is for more than $75,000, then the Commercial Rules will apply. If there is a conflict between the AAA Rules and this arbitration agreement, then this arbitration agreement shall control. For claims less than $75,000, RBO will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover attorneys’ fees under the law. The arbitration will be held in a mutually agreeable and convenient location.
   4. Governing Law: This Website is controlled by RBO from our offices located in the state of Florida, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Florida, by accessing our Website, you agree that the statutes and laws of Florida, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this site.
   5. Survival: This arbitration agreement survives the termination of this Agreement between you and RBO.

Jury Trial Waiver

7. You and RBO expressly and knowingly waive the right to a trial by jury. This means that if for any reason the arbitration agreement contained above is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.

 Contact Information

8. If you have any questions or comments about this User Agreement as outlined above, you can contact us at:

REALTYBACKOFFICE INC

10508 N Kendall Drive

Miami, Florida 33176

team@realtybackoffice.com

Last Updated

9. This User Agreement was last updated on March 30, 2015.