Terms of Service
In a nutshell, RealtyMotor is a paid, subscription-based service that provides website and email marketing services for real estate professionals and investors. Our goal is to do the heavy lifting so you can get back to running your business. Our services include website design, email marketing, content, website hosting, website security, technical maintenance, tutorials, mobile compatible websites (smartphones and tables), website backups and content delivery network (CDN).
Our goal is to save you thousands of dollars and hundreds of hours with a hassle-free website, email marketing, and lead generation system that works. Our tools, video tutorials, and support system make it even easier. We offer a 60-day money back guarantee to make sure our services are right for you.
We built our services for all kinds of real estate professionals and investors.
We do not allow spam, viruses, hate content, copyright violations, or other inappropriate content (described below) on our network. If you find a website in our network that you believe violates our terms of service, please contact us.
Full Terms of Service
- Your RealtyMotor Account and Site. If you create an account of any type on the Website, you are responsible for maintaining the security of your account and website (particularly your user name, password and any other similar credentials including the associated email account), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that we consider inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your website, your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If youoperate a website, comment on a website, post material to the Website, post links on the Website, or otherwise make (orallowanythird party to make) material available by means of the Website (any such material, “Content”), You are entirelyresponsibleforthe content of, and any harm resulting from, that Content. That is the case regardless of whether the Contentinquestionconstitutes text, graphics, an audio file, or computer software. By making Content available, yourepresentandwarrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites (such as coupon or code websites) or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.
By submitting Content to us for inclusion on your Website, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. If you delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. Our services are available on the Website (Services, any such services). By signing up for our Services you agree to pay us the monthly, quarterly, or annual subscription fees indicated for that service (additional payment terms specifically for business website design, hosting and maintenance services are described below). Payments will be charged on a pre-pay basis on the day you complete sign up for our Services and will cover the use of that service for a monthly or annual subscription period as indicated. If using a free trial, payments will be charged when the free trial period expires. Service fees are not refundable.
- Automatic Renewal. Unless you notify us before the end of the applicable subscription period that you want to cancel a Service, your Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Aside from special cases, services can be canceled at any time in your payment account settings (Settings > Account in your user dashboard). Contact us if you need help finding this area or need help canceling your account.
- Business Website Design, Hosting, Email Marketing and Maintenance Services.
- Fees; Payment. By signing up for a Services account you agree to pay us the monthly fees for your plan in exchange for our services. Applicable fees will be invoiced starting from the day your Services are established (or if using a free trial, when the free trial period expires) and in advance of using such services. We reserve the right to change the payment terms and fees upon thirty (30) days prior notice (typically email, blog post or newsletter). Aside from special cases, services can be canceled at any time in your payment account settings (Settings > Account in your user dashboard). Contact us if you need help finding this area or need help canceling your account.
- Technical Support & Website Assistance. Services include access to priority email support for technical or other website related issues submitted via our contact page, online support website at help.realtymotor.com or to email@example.com. “Email support” means the ability to make requests for technical support assistance via our contact page at any time (with reasonable efforts by us or another competent party to respond within three business days) concerning the use of the Services. “Priority” means that support for Services customers takes priority over support for other users and nonusers. All Services support will be provided in accordance with our standard Services practices, procedures and policies.
- Billing & Account Management. Services include access to priority email support for billing or account related issues submitted via our contact page, online support website at help.realtymotor.com or to firstname.lastname@example.org. “Email support” means the ability to make requests for support assistance by email at any time (with reasonable efforts by us to respond within one business day) concerning the use of the Services. “Priority” means that support for Services customers takes priority over support for other users and nonusers. All Services support will be provided in accordance with our standard Services practices, procedures and policies. Support delivered via premium customer support services falls under the above guidelines.
- Website Backups.We maintain backups of all customer websites. These backups are not distributable to customers. They are for the sole purpose of restoring our network and associated websites should our servers be compromised or destroyed.
- Website Design. We give free template website design services with sign up. The website you receive will match the design template you’ve chosen. This template website will contain filler content for you to replace with your own content.
- Custom Design. Custom website design is available through our recommended developers as part of a custom plan. Contact us for details.
- Website Modifications. Though we do not offer custom website design, we do offer services that provide additional website modification. For example, add custom color schemes, edit logos, transferring content, custom styling and more as part of our setup packages or other additional services.
- Website Redesigns. Website redesigns are optional. Many businesses choose to redesign their website every few of years. We charge a $299 fee (as of January 1, 2015) for website redesigns.
- Website and Email Marketing Content. Upon creating a website you will receive Website and email marketing content for business purposes. This content is the intellectual property of RealtyMotor, LLC to which our Services grant you a license to use on your RealtyMotor Website or in your RealtyMotor Email Marketing account.
- Discontinuing Services. You may discontinue use of your services at any time. Aside from special cases, services can be canceled at any time in your payment account settings (Settings > Account in your user dashboard). Contact us if you need help finding this area or need help canceling your account. Once an account is cancelled, consider it deleted and unrecoverable. If you wish to discontinue use of our Services but retain use of the design on your website elsewhere, you must purchase a license from the original developer. You may not use any RealtyMotor content or Services without an active subscription.
- Inactive accounts. Inactive accounts are removed to improve the experience for our customers. An inactive account is an account without an active subscription, regardless of how long the account has been inactive and the reason the account is inactive. Inactive accounts are considered abandoned and are subject to immediate deletion. To reduce the chance of your account becoming inactive, ensure your billing and contact information is correct in our system. Additionally, ensure that your account is properly charged and renewed each billing cycle. Accounts that are created, but not activated are to be deleted immediately.
- Reasonable Use Policy. We do not currently impose bandwidth or disk space limits on our customers, but we do enforce a reasonable use policy to limit abuse of resources and maintain a quality experience for our customers. Our services enable businesses, nonprofits, contractors, freelancers and similar entities to establish their business online. Our services are not intended to act as portals, multimedia hosting services, or any other uses that are nonstandard for a typical brick and mortar small business. All possible ‘unintended’ uses are not listed here because we are not that imaginative. If we decide that your website meets this unintended criteria you will need to upgrade to another plan (possibly a custom plan) or discontinue use of our services. If you have any questions about this statement, please contact us.
- Bandwidth & Disk Space Limits. As mentioned above in our Reasonable Use Policy, we currently do not impose bandwidth or disk space limits on our customers. Our intent is to provide our customers the resources they need to get the most out of their website. That said, we reserve the right to impose reasonable bandwidth or disk space limitations in the future should we decide that such actions are necessary to prevent abuse, limit excessive costs, or maintain a quality user experience for our customers.
- Website Security Guarantee. Website security is one of our strong points. We use security audits, security scans, firewalls, and more to secure your website. That said, no matter how strong your security measures are, things can and will happen. This is where our security guarantee comes in. If your website is hacked, we’ll clean it up and fix it for free. But this guarantee is rendered invalid if you fail to maintain the security of your login credentials (including, but not limited to your email address, username, and password, or access to where this information is stored), use a weak username or password, or use the same username or password anywhere else. Contact us if you need assistance with changing your username or resetting your password. If you wish, you can reset your password here.
- Third-Party Products and Services. Customers can integrate with approved third-party products and services. Integrations may require an upgraded plan. These apps and integrations are not endorsed or tested by RealtyMotor. RealtyMotor does not assume responsibility or liability for any issues caused by the use of third-party products. Third party products and integrations may break due to updates, policy changes and other factors. RealtyMotor will make reasonable efforts to maintain integrations that we’ve developed, but most if not all integrations are developed and maintained by third parties. Third-party products have their own fees, terms and service agreements. Contact us if you have any questions about integrations with third-party products.
- Responsibility of Website Visitors. We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website we do not represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we and our websites link, and that link to our websites. We do not have any control over those websites and webpages, and are not responsible for their contents or their use. By linking to other websites or webpages, we do not represent or imply that we endorse such websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of other websites and webpages.
- Copyright Infringement and DMCA Policy. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of us or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
- Intellectual Property. This Agreement does not transfer from us to you any RealtyMotor or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. RealtyMotor, the RealtyMotor logo, and all other trademarks, service marks, graphics and logos used in connection with RealtyMotor, or the Website are trademarks or registered trademarks of RealtyMotor or RealtyMotor’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any RealtyMotor or third-party trademarks.
- Advertisements. Aside from a link to our website, we will not display any advertisements on your website unless with your expressed consent.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your RealtyMotor account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid Services account, such account can only be terminated by us if you materially breach this Agreement and fail to cure such breach within thirty (30) days from our notice to you thereof; provided that, we can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will we, or oursuppliersorlicensors, be liable with respecttoanysubject matter of this agreement under any contract, negligence, strict liability or otherlegalorequitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this agreement during the twelve (12)monthperiodprior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Service Interruptions. We utilize third-party services to provide, maintain and monitor website hosting services for our customers. This represents our best efforts to maintain 99.9% up-time for our customers. That said, service interruptions may happen from time to time. In these instances our service providers employ their best efforts to restore services as quickly as possible. We will not be held liable for any damages or less of revenue due to service interruption or loss of data. Please contact us if you have any questions about these terms.
- Indemnification. You agree to indemnify and hold harmless us, our contractors, and licensors, theirs and our respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and Services, including but not limited to your violation of this Agreement.
- RealtyMotor, Resources & Other Content. Weprovide the below disclosures and disclaimers here to avoid placing the full text on multiple pages of our site, thus detracting from your experience.
- Affiliate Disclosure. From time to time we may include affiliate links for products and services that we recommend. We may receive compensation when purchases are made through these links. This additional revenue offsets pricing, helps develop new features and improves services. We only recommend products and services that we (i) use ourselves or (ii) believe our customers will benefit from. What we offer directly impacts our reputation, so we are judicious in which products and services we recommend. Our recommendations often integrate with or enhance our services. In fact the primary reason we recommend products is because our services directly integrate, thus enhancing our customers’ derived value.
- Disclaimer. All content is for informational purposes only, may not be current or accurate and is not a substitute for professional counsel or legal advice.
- Miscellaneous. This Agreement constitutes the entire agreement between us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ours, or by our posting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Polk County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Livingston, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.