Terms and Conditions

March 14, 2024

 

These are the terms and conditions for using the website https://therealest.com ("Site"), operated by The Real Established Inc. located at 1007 N Orange St, 4th Floor 1620 Wilmington DE 19801 USA, or one of our affiliates (”The Real Established,” “The Realest,” “TheRealest,” “TR,” “we,” “us”, or “our”). The Site functions as a live marketplace enabling users to research, purchase, and sell specific consumer goods (“Items” or “Property”). These "Terms and Conditions," along with our other stated requirements on our Site (collectively referred to as "Terms"), outline the rules for using our Site, services, software, applications (including mobile apps), and tools (collectively, the "Platform"). In these Terms, "you" refers to (a) individuals using the Platform, (b) agents accessing the Site or Platform on behalf of an individual or business entity, and (c) the business entity using the Platform through an individual or agent. 

 

By accessing or using the platform, you accept and agree to be legally bound by and comply with this agreement. If you do not agree to the terms of this agreement, do not access or use the Platform. 

 

Revisions to Terms and Policies

The Realest in its sole discretion retains the right to amend or alter these Terms, with notice provided on the Site, through email, text or other methods of communication with you. Review these Terms to stay informed about any modifications. Your continued use of the Site and/or Platform following changes to the terms or polices implies your acceptance of them. If you disagree with the changes, you must refrain from using our services.

 

1. Using Our Platform

The Platform functions as a digital platform that facilitates auctions of collectibles and memorabilia. 

 

THE PLATFORM AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE PLATFORM OR ANY CONTENT IS AT YOUR OWN RISK. 

 

The Platform and Content are for general information and entertainment only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Platform. We make no representations or guarantees about any aspect of the Platform and Content and do not endorse any opinions expressed by any Users. 

 

We are not the creator or owner of the items posted on the Platform by Sellers. Rather, we provide the services, which enable Users to access certain features and functionalities, including posting collectibles and memorabilia, and bidding on such items. Sellers are responsible for ensuring that any of their User Content meets all applicable local, state, national laws and other rules and regulations, and that any items and services promoted, offered or otherwise described on the Platform are described in listings, and/or delivered as described, in an accurate manner. As part of the Platform, we may assist Sellers in the creation of their listings (including the content of the listing). However, it remains the Seller’s responsibility to ensure that the listing is accurate.

 

In connection with your access to or use of the Platform, we may obtain information from you directly or about you through the Platform. We will use your information in accordance with our Privacy Policy which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into this Agreement and forms part of the Agreement.

 

2. Seller Acknowledgment

If you or any other User submits an item or other product or service to sell on the Platform, and we accept such item, product or service, then you, or such other User, are considered a “Seller” on the Platform. You are responsible in all respects for the User Content and any other information related to any item, product or service you decide to sell. You are also fully responsible in all respects for consummating the transaction with the applicable Buyer in accordance with the Agreement.

 

Seller acknowledges and agrees that following publication and for the period that such seller’s listing is made available on or through the Platform, such Seller may not list, post or otherwise make available the applicable item on any other auction or listing service. Furthermore, each seller hereby acknowledges and agrees that at any time following publication, Seller’s listing may be removed by The Realest in its sole discretion.

 

3. Buyer Acknowledgment

 

Each Buyer acknowledges and agrees that (i) the Buyer fees associated with each bid submitted via the Platform are binding and thus due and payable in accordance with this Agreement, and (ii) Buyer is responsible for all applicable government fees and taxes for applicable items listed via the Platform. If you decide to bid on an item that has been listed by a Seller on the Platform, you acknowledge and agree that your bid constitutes your expressed interest to a Seller in the listed items and does not in and of itself create a formal contract between you as the Buyer and the Seller. It is the Buyer’s responsibility for any shipping or delivery fees.

 

You acknowledge and agree that The Realest bears no risk associated with purchasing an item from a Seller listed via the Platform. 

 

4. Eligibility

Using and becoming a member of the Platform is prohibited where legally restricted. The Platform is exclusively intended for Users aged eighteen (18) or older. Any registration, use, or access by individuals under 18 is not authorized, unlicensed, and breaches this Agreement. The Realest holds the right to terminate your account, remove any content you have posted on the Platform, and/or bar you from using or accessing the Platform (or any part of it) at its discretion, for any reason, with or without notice, especially if it suspects you are under 18. If you are under 18, you can use the Platform only if you are an emancipated minor or if you possess legal consent from your parent or guardian.

 

You must also be fully capable and competent to agree to the terms, obligations, affirmations, representations, and warranties in this Agreement, and to comply with them.

 

If you are a parent or guardian and you approve your child below 18 to register with the service, you agree to abide by this agreement regarding such registration and usage.

 

5. Accounts, Passwords, Security, and Communication

To access the auctions, you must establish a "Member" account using your email address and password (your “Credentials”). If you intend to bid on items or make purchases, you need an account with a valid credit card or an approved payment method linked to our third-party payment processors. By accepting these terms, you authorize us to charge your credit card or payment method for the amounts owed according to these terms and any expenses arising from violating the Terms. Upon registering for an account, you commit to providing accurate personal information, refraining from using a false identity or unauthorized payment method. Using someone else's account or password without explicit consent is prohibited. You cannot transfer or assign your account. 

 

You are responsible for maintaining the confidentiality of your username, password and other credentials that you may be asked to create to access the Platform. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify us of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement. 

 

When using the Platform or sending communications to us electronically, you consent to receive electronic communications from us, like emails, texts, mobile push notifications, or notices. Any notices sent electronically are considered given and received on the transmission date of the communication.

 

6. Billing and Payments

You agree to pay any applicable fees (including any initial deposit made as a Buyer in connection with a bid, certain Buyer’s fees and Seller fees set forth on our Site in connection with bids or for any purchases you make of any items, features and/or services (“Purchases”) listed on the Platform, including, without limitation, any applicable sales, uses or similar taxes or charges. Prices listed for auction items, or any other products or services listed by Sellers on the Platform are set by the Sellers and The Realest is not responsible setting or negotiating any prices or related fees. Listed prices set by the Sellers on the Platform may exclude government fees and taxes, regulatory and electronic processing charges, inspection charges, and any other fees required by law. A Seller may add any or all of the foregoing or any other taxes and fees to the listed price when calculating the final sale price to charge a Buyer.

 

All amounts listed on the Platform are in U.S. dollars.

 

A temporary authorization charge matching your bid amount and any fees may be applied to your credit card when bidding on an item. This charge is collected by The Realest if you win the Auction.

 

You are responsible for promptly updating any changes to your contact or billing information (such as phone number, email, physical address, credit card details, etc.).  
 

After the successful conclusion of an auction, the winning bidder will receive an invoice detailing the total amount owed, including the winning bid amount, any applicable taxes, shipping costs, and other associated fees. This invoice must be paid in full within one (1) day of receipt. If payment is not received within the specified one-day period, we reserve the right to automatically charge the full invoice amount to any payment method associated with the winning bidder's account. By participating in the auction, the winning bidder agrees to these terms and authorizes us to charge their associated payment methods in the event of non-payment within the stipulated time frame.

 

All sales are final, non-cancelable, and non-refundable, except as explicitly mentioned in this Agreement or determined at our sole discretion.  
 

Processing fees. The total prices may include a processing fee, payment processing fee, taxes, import duties, and delivery costs. These costs are not displayed during the bid submission process.

Payment Processing. All payments made by you to The Realest shall be facilitated through Stripe, Inc., our third-party payment processing service. Stripe’s terms of service can be found at https://stripe.com/us/terms. All information that you provide in connection with a Purchase (including any initial deposit made as a Buyer in connection with a bid, certain Buyer’s fees and Seller listing fees) must be accurate, complete, and current. You agree to pay all charges incurred by any users of your credit card, debit card, or other payment method used in connection with a purchase on the Platform. 

Shipping. Ownership transfers upon shipment, and The Realest is not liable for shipping costs. Shipping costs are separate and may vary based on item type, size, quantity, and destination. The Realest will provide an estimated shipping cost for each item being auctioned. Ownership passes to you upon shipment after authentication and payment receipt.

Taxes. You are responsible for applicable sales or use tax, duties, or governmental fees associated with your purchase. Failure to pay these may result in later payment obligations, and we can collect such taxes or fees from you at any time.

Discrepancies. Notify The Realest about billing issues or discrepancies within 30 days of charges appearing on your account statement. Failure to do so waives your right to dispute these problems.

Money Back. If an item is counterfeit, fraudulent or materially inconsistent with its auction listing, as solely determined by The Realest, Buyer may be eligible to receive two times the value of the auction item purchased (based on the final auction price). Eligibility is subject to the Terms of this Agreement and Buyer’s representations and obligations as defined by this Agreement. This is not a guarantee. 

Inspection. Examine merchandise upon delivery. If items are damaged or different from their advertisement, contact us within 3 calendar days, providing a detailed description. Do not remove verification tags, holograms, or stickers; otherwise, items won't be returnable or exchangeable (including damage during transit).

7. Counterfeits, Fraud, Market Manipulation, and Damaged Items

The Realest regards counterfeiting, fraud, and market manipulation with utmost seriousness. In cases where a Seller provides counterfeit or damaged items or engages in fraudulent activities against any Buyer or The Realest, The Realest holds the right to undertake any of the following actions at its discretion: (i) remove the Seller's listings from the Platform; (ii) cancel pending orders; (iii) withhold Seller's payments; (iv) impose buying and selling restrictions on the Seller; (v) charge the Seller for costs, expenses, and any applicable fees incurred due to their actions, including replacement item costs, coupon and gift certificate values provided to the Buyer, reprinting expenses, carrier rerouting charges, and refunds to the Buyer; (vi) return the item to the Seller at the Seller's expense (including customs and duties); (vii) deliver counterfeit items to law enforcement or destroy them; and (viii) temporarily or permanently suspend the Seller's account, at The Realest's sole discretion. The Seller acknowledges that these remedies are justified even if the Seller was unaware of the counterfeit or fraudulent nature of the items at the time of the actions (e.g., negligent fraud). If the counterfeit item is given to law enforcement, the Seller's communications and property claims must be directed solely to that law enforcement agency, not to us.

 

We may utilize fraud protection measures, including algorithms and automated systems, leading to listing cancellations, sales cancellations, or account suspension. In case of errors, contact us via https://support.therealest.com. Additional identification information might be required for high-value transactions or high payment volumes.

 

If a Buyer suspects an item to be counterfeit, they must inform The Realest within 3 calendar days of receiving it. The Buyer shall cooperate by providing evidence, photographs, or delivering the item for investigation or destruction as directed. If destruction is directed by The Realest, the Buyer must offer reasonable proof of the item’s destruction to The Realest. The Buyer must keep the item(s) safe and free from damage while The Realest conducts its investigation. The Buyer will be refunded all fees and costs paid for the item, including shipping, if the item is found to be counterfeit or fraudulent. A Buyer must not resell reasonably suspected counterfeit items.

 

The Realest may monitor marketplace integrity and take measures to protect it if market manipulation or fraud is suspected (e.g., false accounts). If a seller or buyer interferes or manipulates the marketplace, engages in misleading information or pricing practices (as determined by The Realest), The Realest can undertake the following actions at its discretion: (i) remove listings; (ii) cancel orders; (iii) withhold payments; (iv) limit buying and selling privileges; (v) charge credit cards for expenses incurred; (vi) notify law enforcement; (vii) suspend accounts; and (viii) impose a service fee of up to $1,000 for investigation and related expenses.

 

8. Intellectual Property and Other Proprietary Rights

The rights granted to you in this Agreement are subject to the following restrictions:

• • The Platform includes Content that is derived in whole or in part from content or materials supplied and owned by The Realest, The Realest’s licensors or third parties. As between The Realest and you, The Realest owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Platform and Content except, if applicable, with respect to your User Content (as defined below).

• • You acknowledge The Realest’s valid intellectual and proprietary property rights in the Platform and Content and that your use of the Platform is limited to accessing, viewing and downloading of the Platform and Content, as authorized by The Realest. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Platform or Content, or to any portion thereof, except for the limited rights expressly granted herein.

• • You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Platform or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Platform or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform (including any code used in any software) or Content.

• • You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Platform or Content unless expressly permitted by The Realest in writing. You may not incorporate the Platform or Content into, or stream or retransmit the Platform or Content via, any hardware or software application or make the Platform or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Platform or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Platform, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Platform or its servers and infrastructures.

• • You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Platform (including any code used in any software) or Content, whether or not for profit.

• • To the extent we make the Platform or Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.

• • You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Platform or Content.

Any future release, update, or other addition to functionality of the Platform or Content shall be subject to this Agreement. All copyright and other proprietary notices on any services content or materials must be retained on all copies thereof. Modification or use of the Platform (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.

If you provide The Realest any feedback, commentary, opinions or suggestions for improving or regarding your use of the Platform (“Communication”), you hereby assign to The Realest all rights in the Communication and agree that The Realest shall have the right to use such Communication and related information in any manner it deems appropriate. The Realest will treat any Communication you provide to The Realest as non-confidential and non-proprietary. You agree that you will not submit to The Realest any information or ideas that you consider to be confidential or proprietary.

 

9. User Content

“User Content” means any and all information and content that a User submits to, or uses with, the Platform (e.g., photos, audio, video, messages, text, files, or other content you provide us, including any listings that appear on the Platform. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by The Realest. Because you alone are responsible for your User Content, you may expose yourself to liability. Under no circumstance will The Realest be liable for any inaccuracy or defect in any User Content.

 

You hereby grant, and you represent and warrant that you have the right to grant, to The Realest an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

 

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users of the Platform are solely between you and such User. You agree that The Realest will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User of the Platform, we are under no obligation to become involved. You are solely responsible for any of your interactions with other Users. Additionally, you acknowledge that other Users may post comments about your User Content which may be derogatory, and The Realest has no obligation to monitor or delete any such User Content. The Realest may remove or modify any User Content without notice or liability at any time in The Realest’s sole discretion. We reserve the right, but have no obligation, to monitor disputes between you and other Users. The Realest shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

10. Responsible Use of the Platform

 

The following rules are a condition of your access to or use of the Platform and Content:

• No Criminal or Unlawful Conduct. You may only use the Platform and Content (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.

• Your Use Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate User Content or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing or transmitting unlawful User Content, material or information could expose you to criminal and/or civil liability.

• Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, material or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third-party claim that User Content, material or information you have posted on or contributed to the Platform is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, material or information publicly posted or privately transmitted on or through the Platform are the sole responsibility of the sender, not The Realest, and that you are responsible for all User Content, material or information you upload, publicly post or otherwise transmit to or through the Platform. If we become aware that any of our Users has infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to the Platform. 

• No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble or store personal information about other Users of the Platform (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many Users, or sending large or multiple files or messages to a single User with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Platform by any other User or third party, including placing malware on the Platform.

• No Bullying, Impersonation or Interference. You may not use the Platform to threaten, abuse, harass, or invade the privacy of any other User or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with The Realest or with any other person or entity. You may not restrict, inhibit or interfere with any other User or third party from using or enjoying the Platform.

• No System Abuse. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Platform, any other online services, or to obtain unauthorized access to the Platform or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform.

• No Violations of Security Systems. You are prohibited from using the Platform to compromise the security or tamper with, or gain unauthorized access to, the Platform, Content, online accounts or any other computer systems, resources or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, The Realest reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

• No Transmission of Fraudulent Funds. In the course of sending payments, whether to us or to Sellers, you shall not transmit what we believe to be potentially fraudulent funds.

• No Violation of Payment Card Rules. You shall not use your user account or the Platform in a manner that we, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.

• Cooperation. You must not refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information you provide to use.

• No Circumvention. You may not circumvent any The Realest determinations about your user account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional user account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional user accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s user account.

We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of this Agreement, including the following:

• Terminate this Agreement, limit your user account, and/or close or suspend your user account, immediately and without penalty to us;

• Refuse to provide the Platform to you in the future;

• Limit your access to your user account or any of services, including limiting your ability to pay with any of the payment methods linked to your User account;

• Update inaccurate information you provided us; or

• Take legal action against you.

If you’ve violated this Agreement, then you’re also responsible for damages to The Realest caused by your violation of this Agreement.

 

If we close your user account or terminate your use of the Platform for any reason, we’ll provide you with notice of our actions.

 

You are responsible for all claims, fees, fines, penalties and other liability incurred by The Realest, any user account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Platform.

 

11. Release

 

If you have a dispute with one or more Users of the Platform or any other third parties, you release The Realest (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. 

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

12. Indemnification.

 

You agree to protect, indemnify, and hold harmless The Realest and its subsidiaries, agents, affiliated companies, and the respective employees, contractors, officers, directors, and agents of each party, from and against any and all claims, losses, liabilities, damages, obligations, costs, or debts, including attorney's fees, arising from: (i) your use of the Platform and your access to it, including any data transmitted or received by you; (ii) your purchase or utilization of any products through the Platform; (iii) your creation or transmission of any message, content, information, software, or other materials through the Platform; (iv) your violation of any aspect of this Agreement, including the breach of any representations and warranties outlined above; (v) your infringement of any third-party rights, such as privacy, publicity rights, or intellectual property rights; (vi) your violation of any national or international law, rule, or regulation; (vii) any claims or damages arising from information submitted via your account; or (viii) any third party's use of the Platform with your unique username, password, or security code. The Realest reserves the right, at your expense, to assume the exclusive defense and control of any claim for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of The Realest. The Realest will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

13. Disclaimers.

 

THE SERVICES AND PLATFORM ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE PLATFORM: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

 

THE REALEST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE REALEST WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THEREALEST CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO.

 

AS PART OF THE PLATFORM, THE REALEST MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WHILE WE TRY TO MAKE SURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT AN ITEM OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE PLATFORM BY A SELLER ARE COMMUNICATED ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE PLATFORM (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF AN ITEM OR SERVICE DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), THE REALEST IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR ITEMS OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION.

 

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. THEREALEST ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. THEREALEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE PLATFORM OR ANY ONLINE SERVICES LINKED TO THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL THEREALEST BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PLATFORM, ANY CONTENT POSTED ON OR THROUGH THE PLATFORM, OR CONDUCT OF ANY USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE. YOU USE THE PLATFORM AT YOUR OWN RISK. SOME AREAS OF OUR SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH THE REALEST OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. THEREALEST CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

 

14. Limitation of Liability

IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND OUR AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE REALEST IS NOT LIABLE, AND YOU AGREE NOT TO HOLD THE REALEST RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE PLATFORM; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE PLATFORM; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE PLATFORM; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE PLATFORM; (5) ACTIONS, OR INACTIONS OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE PLATFORM OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID THEREALEST IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILATES, SERVICE PROVIDERS OR PARTNERS NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.  
 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

 

15. Disputes.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

 

Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and The Realest arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This Agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Platform.

 

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE REALEST ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THE REALEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

 

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and The Realest must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: Los Angeles, CA, Minneapolis, MN, or New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.

 

16. DMCA Copyright Policy.

Posting, modifying, distributing, or reproducing copyrighted material, trademarks, or proprietary information without consent is prohibited. The Realest may terminate Membership for repeat infringement.

 

If your work is infringed, provide an electronic or physical signature, description of infringed work, location, contact information, statement of good faith belief, and penalty of perjury statement to Copyright Notices at The Realest.

 

The Realest's policy terminates repeat infringers and may limit access or terminate accounts for intellectual property infringement.

 

17. Links to External Websites.

For your convenience, the Platform may provide hyperlinks to other websites or social media platforms beyond The Realest's control (referred to as "Linked Websites"). The Realest doesn't endorse or sponsor Linked Websites and isn't responsible for their availability, accuracy, content, or any aspect. The Realest disclaims liability for Linked Websites, their access, usage, and linked content. We also disclaim liability and provide no assurances for products or services offered by third parties. Your use of Linked Websites and any transactions with them are subject to their terms and conditions. You agree not to bring any claims against The Realest arising from Linked Websites' use. Hyperlinks to Linked Websites on the Platform don't imply: (a) affiliation or association with Linked Websites; (b) legal authorization to use trademarks, trade names, logos, or copyright symbols accessible via links; or (c) authorization for any Linked Site to use The Realest's trademarks, trade names, logos, or copyright symbols.

 

18. Mobile Device Usage

While you may access the Platform through a mobile device, The Realest isn't responsible for any delay or failure to fulfill obligations due to circumstances beyond our reasonable control. These circumstances may include technical issues outside The Realest's control, like defects, latency, congestion, capacity failures, or atmospheric interference in public data, telephone, or mobile carrier networks. Additionally, instances such as extended periods with your mobile device turned off, leading to unreceived messages, or lack of mobile network coverage are not within The Realest's liability.

 

19. Your Personal information

The handling of your personal information you provide through the Platform is guided by our Privacy Policy. Your personal information will be utilized solely in line with our Privacy Policy. Kindly review it carefully, as it contains vital details about the collection and utilization of personal information.

 

The Realest has implemented practical technical and organizational safeguards to protect your personal information and User Content against unintended loss and unauthorized access, usage, modification, or exposure. Nevertheless, we cannot ensure that unauthorized third parties will never manage to bypass these safeguards or misuse your personal information and User Content for inappropriate purposes. You recognize that submitting your personal information carries inherent risks.

 

20. Third-Party Websites, Advertisers, or Services.

Your interactions with advertisers you choose to engage with or encounter on the Platform, including transactions and receipt of goods, as well as any associated terms (such as warranties), are exclusively between you and said advertisers. You acknowledge that The Realest bears no responsibility for any form of loss or damage arising from your dealings with these advertisers.

 

21. Notice to California Users

 

Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

22. General.

1. Complete Agreement. This Agreement, in conjunction with any additional legal notifications and agreements made available by The Realest through the Platform, constitutes the full understanding between you and The Realest pertaining to the Platform. By utilizing The Realest website or participating as a buyer or seller, you expressly consent to abide by these Terms' stipulations on governing law and venue, regardless of your place of residence.

2. Governing Law. This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

3. No Waiver.  No failure or delay by The Realest in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

4. Headings. The headings used in this Agreement are for convenience purposes only and hold no legal or contractual weight.

5. Assignment. You may not transfer or delegate this Agreement, or any rights and licenses granted herein, to others. However, The Realest holds the prerogative to assign this Agreement without limitations.

6. Severability. If any stipulation within this Agreement is deemed illegal, void, or unenforceable by a competent court, said stipulation is separable from this Agreement and does not impede the validity and enforceability of the remaining stipulations.

7. Contact Us. If you have any questions about this Agreement, you may contact us by email at support@therealest.com