TEN
EIGHT LLC
TERMS
AND CONDITIONS
Last
Updated 07/11/13
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE RealNex
APPLICATION AND THE RealNex WEBSITE (“RealNex SERVICES”) CAREFULLY.
Acceptance of Terms and Conditions
RealNex
Application
TO AGREE TO THESE
TERMS AND CONDITIONS FOR USE OF THE RealNex APPLICATION CLICK “AGREE.” IF YOU
DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK “AGREE” AND DO NOT USE
THE RealNex APPLICATION.
RealNex Website
BY USING THE TEN
EIGHT WEBSITE (WWW.TENEIGHT.NET), YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO
NOT PROCEED ANY FURTHER AND DO NOT USE THIS WEBSITE. IF YOU CONTINUE TO USE THE
WEBSITE YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS.
We reserve the
right to modify these terms and conditions at any time. You should check these terms
and conditions periodically for changes. You acknowledge and agree that by
using the RealNex Services after we post any changes to these terms and
conditions that you are deemed to have accepted those changes, whether or not
you have reviewed them. If at any time you choose not to accept these terms and
conditions please do not use the RealNex Services.
Scope of Terms of Use
These terms and
conditions apply to your use of the RealNex Services owned or operated by Ten
Eight LLC (“RealNex,” “we” and “us”) and any other website or application
that we may own or operate in the future. Individually, the RealNex
application shall be referred to as “Application” and the RealNex website
shall be referred to as
“Site.” Unless we say otherwise, all
references to the RealNex Services in these terms and conditions include both
the Application and the Site. Please
note, the RealNex Services are intended for use in the United States of
America and Canada only.
Restrictions on
Use
The contents of the
RealNex Services are protected by national and international copyright and
trademark laws, and are the property of RealNex and any other owners. You may
not change or delete any author credit, trademark, legend, proprietary or
copyright notice. You must follow and observe all additional copyright notices
or other restrictions contained in any parts of the RealNex Services.
You may not modify, copy, publish, display,
transmit, reverse-engineer, adapt or in any way exploit the content of the
Site, except as necessary to perform the function on the Site, unless you
request and receive prior written permission from us or other owners. To
request our permission, contact us using the “Contact Us” form on the Site.
RealNex Services Generally
The RealNex
Services allow information regarding commercial properties to be aggregated
through upload to the Site and accessed through the Application. The RealNex Services facilitate commercial
real estate brokers and potential tenants of managing the real estate
transaction and touring of commercial real estate properties through the
creation, use, and access of a deal dashboard and virtual ‘tour book’. In order to gain access to the full
functionality of the RealNex Services, users will be required to sign-up and
subscribe for the monthly or yearly services on the Website. Subscribers may allow other users to view the
deal dashboards and tour books they create using the RealNex Services by
providing their names and email addresses to us. All users, regardless of type,
must download the Application or use a device to which the Application has
already been downloaded in order to utilize the RealNex Services.
Unless otherwise
specified in a separate agreement between the parties, subscribers will be
charged monthly for RealNex Services, through the billing of the credit card
provided during the initial purchase of the services. Subscribers have full access to the data
about buildings and/or properties stored within their account during the
subscription period and any renewal thereof.
In the event that you choose not to renew, or we choose not to grant your
renewal request, you must immediately terminate your use of the subscription
portion of the Site. The RealNex Services and renewal thereof are granted at
the sole discretion of RealNex. We reserve the right to deny any subscription
or renewal request any time and for any reason.
Unsubscribing
If you no longer
wish to receive RealNex Services, you can unsubscribe by contacting RealNex
via teneight.net/contact and request to cancel your account. We will respond within five (5) business days
to cancel your account. After you
complete and submit the form located on that webpage, you will no longer have
access to the RealNex Services. Your User ID and password will become
inactive, and you will be unable to reach certain portions of the Site. Until you unsubscribe for RealNex Services
your credit card will continue to be billed monthly by our third party
provider.
Service Descriptions
We attempt to be
as accurate as possible when describing the RealNex Services. However, we do not warrant that the service
descriptions are complete, reliable, current, or error-free. If a service offered on the Site is not as
described, your sole remedy is to cancel your subscription.
Links to Third-Party Websites
We are not
responsible for the availability of any other site to which this Site links. We
do not endorse or take responsibility for the content, advertising, products or
other materials made available through any other site. Under no circumstances
will we be held responsible or liable, directly or indirectly, for any loss or
damage that is caused or alleged to have been caused to you in connection with
your use of, or reliance on, any content, goods or services available on any
other site. You should direct any concerns to that site's administrator or
webmaster.
Third-Party Content
RealNex does not
claim ownership of building or property floor plans or documentation;
photographs of buildings or properties provided to or uploaded by subscriber or
subscriber’s clients; information acquired from buildings, properties, or
entities other than RealNex, subscriber or subscriber’s clients; or any other
content uploaded to the RealNex Services that was owned by an individual or
entity other than subscriber, subscriber’s clients or RealNex prior to being
uploaded to the RealNex Services (“Third Party Content”). Third Party Content
shall remain the sole property of its owner. You acknowledge and agree that Ten
Eight assumes no liability with respect to Third Party Content. RealNex may,
at its option, remove any Third Party Content from the RealNex Services.
Proprietary Rights
You acknowledge
and agree that RealNex owns all right, title, and interest in and to the Site
(including any intellectual property rights which exist therein and any other
software or other intellectual property that is utilized to deliver the Site),
the content located on the Site, specifically excluding Third Party Content,
and any and all data collected through the Site, (including, but not limited to
rating information and data about buildings and/or properties) and photographs
or other information uploaded into the Application by subscriber’s clients. You
agree that you will not remove, obscure, or alter any proprietary rights
notices (including copyright and trade mark notices), which may be affixed to
or contained within the Site.
Advertisements
The RealNex
Services may display advertisements and promotions. The manner, mode and extent
of advertising on the RealNex Services are subject to change without specific
notice to you. You acknowledge and agree that in consideration of RealNex
granting you use of the RealNex Services that RealNex may place such
advertising on the RealNex Services.
Age
The RealNex
Services are intended for use by people age eighteen (18) or older. By using
the RealNex Services, you represent that you are over the age of eighteen
(18).
Privacy
We do not sell or rent your personal
information to third parties for their marketing purposes without your explicit
consent. We use your information only as described in the Privacy Policy.
Passwords
You are
responsible for maintaining the confidentiality of your User ID and password,
if any. You agree to notify us as soon
as you discover any unauthorized use of your password.
Disclaimers
THE SERVICES AND
MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
NEITHER RealNex LLC NOR ANY OF ITS RESPECTIVE LICENSORS OR
SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT RealNex LLC OR THE SERVER
THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER RealNex
LLC NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON
THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ASSUME THE ENTIRE COST ASSOCIATED WITH YOUR USE OF THIS SITE.
APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
Limitation of Liability
IF FOR ANY REASON YOU ARE NOT SATISFIED WITH
THIS SITE OR THE CONTENT OF THE SITE, YOUR SOLE REMEDY IS TO CEASE USING THIS
SITE OR THE CONTENT OF THE SITE. UNDER NO CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL TEN
EIGHT LLC OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR
ANY DAMAGES WHETHER DIRECT, SPECIAL OR CONSEQUENTIAL, THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RealNex LLC OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR
RESPECTIVE LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE).
Indemnity
You agree to
defend, indemnify, and hold harmless RealNex, its representatives, officers,
directors, and employees from all liabilities, claims, costs, and expenses,
including attorneys' fees, that arise from your use of Third Party Content, the
RealNex Services, your posting, downloading or transmission of communications
or material on the RealNex Services, or from your violation of applicable
law.
Governing Law
These terms will
be governed by and construed in accordance with the laws of Georgia. Accordingly, the laws of Georgia will be used
exclusively to construe, govern, and enforce these terms, excluding all
conflict of laws rules. Except as
provided in the Injunctive Relief section, any action related to or arising out
of these terms will be filed only in the Georgia courts and you consent to the
exclusive jurisdiction of the state and federal courts located in Georgia.
Injunctive Relief
In the event you
breach or threaten breach of these terms of use, you acknowledge and agree that
we will be greatly and irreparably damaged and the damage will be difficult to
quantify. Therefore, we may apply to any
court of competent jurisdiction accepting jurisdiction under this specific
provision, who, regardless of the Governing Law provision, will apply the laws
of its own jurisdiction in determining whether we will be granted an injunctive
or other equitable relief to stop your breach or your threat of breach, without
impairing, invalidating, negating or voiding RealNex’s rights to relief in
either law or equity.
Additional Terms
You acknowledge
and agree that in addition to these terms and conditions that the Apple, Inc.
“Licensed Application End User License Agreement,” that is contained in the
iTunes Store Terms and Conditions shall apply to your use of the Application.
Except with respect to the “Age” and “Governing Law” sections of these Ten
Eight terms and conditions, in the event of a conflict, the terms of the
Licensed Application End User License Agreement shall apply.
Miscellaneous
If any of these
terms and conditions is found unlawful, void, or for any reason unenforceable,
then that provision will be considered restated to reflect as nearly as
possible the original intentions of the parties in accordance with applicable
law and will not affect the validity and enforceability of the remaining
provisions. This is the entire agreement between you and RealNex relating to
the subject matter it contains. This agreement may be modified only by our posting
of changes to these terms and conditions, or by a writing signed by both
parties. Any inquiries concerning these terms of use should be submitted using
the Contact Us form.
Third Party Beneficiary
You acknowledge
and agree that Apple, Inc. and its subsidiaries are third party beneficiaries
of these terms and conditions, and that upon your acceptance of these terms and
conditions that Apple, Inc. will have the right (and will be deemed to have
accepted the right) to enforce these terms and conditions against you as third
party beneficiary thereof.