TERMS & CONDITIONS

VERSION 2

LAST UPDATED: 09/19/2024

REAL5 WELCOMES YOU.  WE ASK THAT YOU READ THE FOLLOWING TERMS & CONDITIONS, WHICH CONSTITUTE A BINDING CONTRACT THAT COVERS YOUR USE OF THIS SITE.  BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE/APP.

PLEASE TAKE NOTE:  BY ACCESSING THIS SITE/APP AND USING OURSERVICES, YOU ARE AGREEING TO RESOLVE ANY CLAIMS AGAINST US BY WAY OF INDIVIDUAL, BINDING ARBITRATION.  PLEASE SEE SECTIONS 16 & 18 FOR MORE DETAILS.

SECTION 1 – OVERVIEW 

1.1  This website is operated by Real5. Throughout the site, the terms “we”, “us” and “our” refer to Real5.

1.2  Any new features or tools which are added to the current website shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

1.3  By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence. 

1.4  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 2 – USE OF SITE 

2.1  By using this site, you hereby warrant and attest to the following:

a) You are at least the majority age in your jurisdiction;

b) You are legally competent and able to enter into a binding agreement with us;

c) You will use our services only for legal purposes and consistent with the purposes outlined in these Terms & Conditions;

d) Your feedback and/or content are yours and yours alone, and you have the legal authority to share the same and to grant us licensure to the same as outlined in Section 5; and

e) By using our site, you are acting only on you own behalf or on behalf of some person or legal entity for whom you have expressed authorization to take binding, legal action.

2.2  We reserve the right to refuse service to anyone for any reason at any time.  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the types of products and services that we offer. All descriptions of products, services, or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. 

2.3  Any use of this site other than the uses outlined in these Terms & Conditions is prohibited.  By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate (i) any defamatory, threatening, obscene, harassing, or otherwise unlawful information; (ii) any advertisement, solicitation, spam, chain letter, or other similar type of information; (iii) any encouragement of illegal activity; (iv) unauthorized use or disclosure of private, personally identifiable information of others; or (v) any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

2.4  PLEASE NOTE: Using this site does not create a contractual obligation on our part to represent you in any real estate transaction.  We will not take any action on your behalf and have no obligation to do so unless and until you sign a listing agreement and/or a service provision agreement with one of our licensed agents.  Should you sign such an agreement, the terms of said agreement will control the principal-agency relationship, and any terms in said agreement which are inconsistent with these terms and conditions shall control.

2.5  If you use our site to list a property for sale, you hereby warrant and attest that you are the true owner of said property or the exclusive listing agent acting on behalf of the true owner.  Furthermore, you agree only to list residential property, and not commercial property.  You further agree not to post any false information about said property and to comply with all fair housing requirements under the laws of the United States and in your jurisdiction, including but not limited to not discriminating based upon any legally protected class or classes.  We reserve the right, in our sole discretion, to remove any listing without notice if we believe you may have violated this clause or any other terms of this agreement. Should you post listing information to our site, you hereby agree to indemnify us and hold us harmless for any liability under any legal theory arising out of the content you post.

2.6  If you use our site to list a property for rent, you hereby warrant and attest that you are the true owner of said property or the exclusive listing agent acting on behalf of the true owner.  Furthermore, you agree only to list residential rental property, and not commercial property for rent.  You further agree not to post any false information about said property and to comply with all fair housing requirements under the laws of the United States and in your jurisdiction, including but not limited to not discriminating based upon any legally protected class or classes.  We reserve the right, in our sole discretion, to remove any listing without notice if we believe you may have violated this clause or any other terms of this agreement. Should you post listing information to our site, you hereby agree to indemnify us and hold us harmless for any liability under any legal theory arising out of the content you post.

2.7  Any listing information contained on our site is solely for personal consumer use, and not commercial use.  You hereby acknowledge and agree only to use the listing information on this site for the identification of residential properties for potential, personal purchase.  Furthermore, We cannot guarantee the accuracy of the listing information.  You hereby acknowledge that the listing information may contain errors and that we will not be liable for any such errors.

2.8  If you wish to become a real estate agent with Real5, you will sign an independent agent/independent contractor agreement with us.  To the extent the terms of that agreement differ from these terms and conditions, the independent agent/independent contractor agreement controls.

SECTION 3 – CUSTOMER ACCOUNTS

If you have created a customer account, you may deactivate your account at any time by following the steps outlined on our site or by contacting customer service. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue our services and cancel your customer account, in whole or in part, with or without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuation.

SECTION 4 – SITE CONTENTS AND OWNERSHIP

4.1  The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (Materials) are solely the property of us and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.  Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described in these Terms & Conditions.  You must retain all copyright and other proprietary notices on all copies of the Contents.  You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents.  Except as provided in this Notice, we do not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

4.2  If you choose to provide feedback, you hereby grant us a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the feedback in any manner in which we see fit. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to your feedback.

4.3  If you post other content to our site, or otherwise provide it in connection with using our site and/or services, you hereby grant us a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display publicly Your Content (excluding Feedback) in connection with provision of the Services to you or otherwise in connection with your permitted use of the Services.  In addition to any of Your Content that is made available through the Services, we may share Your Content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services.  You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to Your Content.  Notwithstanding anything in this Agreement to the contrary, we have no obligation to store or display Your Content.  We may, but are not obligated to, monitor, modify, or remove Your Content at any time in their sole discretion.  You agree that we may promote and market Your Content in connection with the Services.

4.4  We may provide forums that allow you to post comments.  We reserve the right, at our sole discretion, to remove any comments at any time and for any reason.  We are not responsible for comments posted by third parties, but we will endeavor to timely remove any comments that include threatening, bullying, demeaning, discriminatory, or otherwise inappropriate language.  Should you wish to notify us of any such comments that you feel warrants our review for potential removal, please contact our customer service department.  Understand, we will ultimately exercise our discretion relative to whether such comments will be removed, and notifying us of comments you feel are inappropriate does not guarantee timely removal or removal at all.

4.5  The property listings displayed on our sites are pulled from local Multiple Listing Services (MLS®).  We have sublicensing rights to display these listings, but the local listing services own the copyrights associated with these listings.  You may only view these listings for your own personal noncommercial use.  You may not engage in “scrapping” listing data or any other data from our site for the purposes of re-display elsewhere.

4.6  We respect and honor the copyrights of others.  We reserve the right to cancel the accounts of members who repeatedly engage in copyright infringement through their posts and/or other usage of our site.  If you are a copyright owner and you feel your rights have been infringed upon by someone using our site, you may give notice of such alleged infringement to our customer service department.  We will, at our sole discretion, take any necessary action in response to such notice of alleged infringement, up to and including removing the subject content and canceling the violating member’s account.

SECTION 5 – DISCLAIMER OF WARRANTY

5.1  You expressly agree that use of this website is at your sole risk.  Neither us, our affiliates, nor any of our officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

5.2  The materials on this site, including materials and information from the Multiple Listing Services(MLS®) and materials and information from third party vendors, may contain errors, omissions, inaccuracies, or outdated information.  Further, we do not warrant or attest to the reliability of any statement or other information displayed or distributed through the site.  We reserve the right, at our sole discretion, to correct any errors or omissions in any portion of the site.  We may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.

5.3  THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

SECTION 6 – LIMITATION OF LIABILITIES

YOU AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.  IN NO EVENT, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENT ACT, SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER WE OR ANY OF OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 8 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, use of our software and/or products, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

SECTION 9 – PRIVACY POLICY

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed on the site. 

SECTION 10 – LIMITATIONS ON CLAIMS

Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises, or it is waived.

SECTION 11 – MINORS

We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen.  If you are under the age of majority in your jurisdiction, you may not use this website.

SECTION 12 – HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”).  If you use any Linked Sites, you will leave this site.  If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by us.  Linked Sites may, and likely do, have terms of use and privacy policies of their own, which differ from these terms of use, and should be reviewed by you in their entirety before using the Linked Sites.  The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by us.  We do not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by us.  Links do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of ours or any of our affiliates or subsidiaries.  Except for links to information authored by us, we are neither responsible for nor will we be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site.  If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk.  We reserve the right to discontinue any Linked Site at any time without prior notice.  Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

SECTION 13 – CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions.  We make no representation that the materials are appropriate or available for use outside the United States.  If you access this site from outside the United States, you will be responsible for compliance with all local laws.  You agree to comply with all laws and regulations applicable to your use of this site.  Subject to Section 14, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan for any disputes with us arising out of your use of this site.

SECTION 14 – ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between us and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this website.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

SECTION 15 – ARBITRATION AGREEMENT

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms & Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.  The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction.  In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms & Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.  The parties agree to arbitrate all disputes and claims in regards to these Terms & Conditions or any disputes arising as a result of these Terms & Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms & Conditions.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.  This arbitration provision shall survive the termination of these Terms & Conditions.

SECTION 16 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – CLASS ACTION WAIVER

Any arbitration under these Terms & Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

SECTION 18 – NO THIRD-PARTY BENEFICIARIES

Nothing in these Terms & Conditions shall create any third-party rights, nor shall anything in these Terms & Conditions bind us to any sort of covenant, agreement, or contract with a third party.

SECTION 19 – MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement.  Any such modifications will become effective on the date they are first posted to this site.  It is your responsibility to return to this Agreement from time to time to review the most current Terms & Conditions.  We do not and will not assume any obligation to notify you of changes to this Agreement.

SECTION 20 – ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from us solely through electronic transmission.  You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your touchscreen, mouse, keystroke, or otherwise, your agreement or consent will be legally binding and enforceable and shall be the legal equivalent of your handwritten signature.

SECTION 21 – FORCE MAJEURE

Neither party to this agreement shall be liable or responsible to the other party for any failure or delay in fulfilling or performing any term of this agreement when such failure or delay is caused by events beyond the affected party’s reasonable control.  This includes, but is not limited to (1) acts of God; (2) flood, fire, earthquake, or explosion; (3) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (4) changes in the law or regulatory enforcement which do not allow for continued operations of either party; (5) actions, embargoes, or blockades in effect on or after the date of this agreement; and (6) national or regional emergency.  The party suffering a Force Majeure event shall give prompt notice to the other party, stating the period of time the occurrence is expected to continue, and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure event are minimized.  Section XI does not apply to obligations to make payments for services rendered and/or revenue collected prior to the Force Majeure event.

SECTION 22 – ASSIGNMENT AND DELEGATION

You may not assign any rights or delegate any duties granted to you under this agreement.

SECTION 23– NON-WAIVER

No waiver by any party of any of the provisions of this agreement shall be effective unless set forth in writing and signed by the waiving party.  No waiver by any party shall operate or be construed as a waiver regarding any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.  No failure to exercise, or delay in exercising, or partial exercise of any right or remedy arising under this agreement shall operate or be construed as a waiver, nor shall it preclude any other or further exercise of the waiver or the exercise of any other right or remedy.