The RealtyAPX Terms and Conditions (the “Terms” or “Agreement” or “Conditions”) governs your (“Subscriber” or “you” or “your”) use of the electronic signature application (“RealtyAPX”, “we”, “us”, and “our”) either as an individual or an entity and anyone you represent.
RealtyAPX provides electronic signatures, contacts, limited document management and storage (“Services”) either monthly or yearly (“Subscription”.) Your use of any of our services constitutes and acceptance and therefore legally bound by our Terms and Conditions agreement. Please read them carefully. If you agree then print them off for your records, if you do not agree to these terms and conditions, DO NOT USE OUR SERVICES.
You may not access these Services if you are considered a direct competitor, except with our written and explicit prior consent. In addition, monitoring performance, functionality or other benchmarking practices.
From time to time, modifications and revisions to the Terms will occur. We reserve the right to make these modifications and it is YOUR RESPONISBILITY TO REGULARLY REVIEW THE TERMS TO REMAIN INFORMED. The then-current version of these Terms will supersede all prior versions and the continued use of the site constitutes an acceptance of the then-current terms.
With this application, RealtyAPX grants to you a limited, personal, non-exclusive, non-transferable license to use our Services. This license is not for resale or further distribution except for what is expressly granted to you in this license. We retain all right, title and interest in and to our Services. This includes all related intellectual property rights. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (1) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (2) rent, lease or sublicense access to any of our Services; or (3) circumvent or disable any security or technological features or measures of our Services. Any rights not expressly granted herein are reserved by us. Your right to use our Services is limited by all terms and conditions set forth in these Terms.
The Agreement commences on the date You first create an account and remains in effect until Your subscriptions hereunder have expired, cancelled or have been Terminated. By signing up for a RealtyAPX account you hereby agree to these terms and conditions of this entire agreement.
You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. If You provide credit card information to Us, You authorize Us to charge such credit card for all Purchased Services for the initial subscription term and any renewal subscription term(s) as set forth. If any amount is not received by RealtyAPX according to the due date, then Services will be suspended until payment is received.
Any Party may terminate this agreement for cause by any material breach such as illegal activity, competitor, bankruptcy or any other proceeding relating insolvency by notifying the opposing Party by the then current email. For everything else, the account will continue in effect unless you cancel the account or RealtyAPX cancels the account. The account must be cancelled before renews in order to avoid the next billing of the month’s or year’s fees to the then current credit card on file.
RealtyAPX accounts are pre-paid and processed on a subscription basis either monthly or yearly and are non-refundable. RealtyAPX does not provide partial refunds of any type. You may cancel your account at any time but you will continue to be able to access your information on your account until then end of the billing cycle. At that point access will be denied and no further billing will occur.
Each Party acknowledges that this Agreement is between You and Us regarding Your use of Services and Content and supersedes and merges all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, supplement to or waiver of any provision of this Agreement will be effective unless in writing and duly signed by both parties.
You retain ownership of all intellectual property rights in any content submitted by you in the course of using the Services ("Content"). RealtyAPX does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services to you.
Limitation of Liability - NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER THE SECTION COVERING FEES AND PAYMENT FOR PURCHASED SERVICES.
Exclusion of Consequential and Related Damages - IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety (including all Order Forms), without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Notwithstanding the foregoing, if a party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of, a direct competitor of the other party, then such other party may terminate this Agreement upon written notice. In the event of such a termination, We will refund to You any prepaid fees covering the remainder of the term of all subscriptions.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Services and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.
No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.
The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
In the event any one or more of the provisions of this Agreement is held to be invalid or otherwise unenforceable by a Court of Law with jurisdiction for the matter in question, the enforceability of the remaining provisions of this Agreement shall remain in full force and effect and shall in no way be invalidated, void, or voidable.
Last Modified: July 13, 2015