Terms & Conditions
THIS IS AN AGREEMENT BETWEEN YOU AND REAL ESTATE NEXUS THAT GOVERNS YOUR USE OF ALL REAL ESTATE NEXUS SOLUTIONS, PRODUCTS AND SERVICES SUBSCRIPTIONS AND OFFERINGS (“The Services”).
1. Use of the Services
Subject to this Agreement (“Agreement”) and your accompanying Real Estate Nexus Services Agreement or Trial Agreement for Real Estate Nexus Services (collectively “CSA”), we hereby grant you a direct, limited, non-exclusive, non-transferable, non-sublicensable license to use the Services.
You may not, and you will not encourage, assist or authorize any other person to, (a) sell, rent, lease, lend, loan, distribute, act as a Services bureau, publicly communicate, transform, or sub-license the Services or otherwise assign any rights to the Services in whole or in part without Real Estate Nexus’s express written consent; or (b) modify, alter, tamper with, repair, or otherwise create derivative works of the Services. All rights granted to you are conditioned on your continued compliance with this Agreement, and will immediately and automatically terminate should this Agreement be materially breached.
3. Reservation of Rights
You may not use the Services for any illegal purpose. The structure, organization, and code of the Services are valuable trade secrets and confidential information of Real Estate Nexus and/or its affiliates. The Services are protected by law, including without limitation copyright laws and international treaty provisions. Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Services are reserved and retained by Real Estate Nexus.
In order to keep the Services up-to-date, we may provide automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.
You may terminate this Agreement at any time by cancelling your subscription to Services subject to our Real Estate Nexus CSA. In the case of termination, you must cease to use the Services. We may also terminate your right to use the Services at any time and if we do so, we may modify the Services to make it inoperable. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.
6. Disclaimer of Warranties & Limitation of Liability:
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES, AND ANY OTHER ACCESS TO, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS DELIVERED TO YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND REAL ESTATE NEXUS, ITS LICENSORS AND DISTRIBUTORS, CARRIERS OVER WHOSE NETWORK THE SERVICES IS DISTRIBUTED, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- TO THE EXTENT NOT PROHIBITED BY LAW, NO RELEASED PARTY WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE SERVICES, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANY RELEASED PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT WILL BE LIMITED TO $50.00.
- WHILE REAL ESTATE NEXUS MAKES EVERY EFFORT TO EVALUATE, TEST, AND APPROVE, NETWORK CONNECTIVITY BOTH INSIDE YOUR LAN AND FROM YOUR LAN TO YOUR INTERNET WAN PROVIDER BEFORE ENTERING INTO A CONTRACTUAL RELATIONSHIP, REAL ESTATE NEXUS CANNOT GUARANTEE THE AVAILABILITY OF OR QUALITY OF YOUR NETWORKING CONNECTIVITY PROVIDED BY THIRD-PARTY SERVICES. IT IS POSSIBLE THAT YOUR CONNECTIVITY TO THE INTERNET MAY CHANGE OVER TIME DECREASING YOUR LOCAL PERCEPTION OF THE SERVICES’S PERFORMANCE OR RENDERING THE SERVICES UNUSABLE. BY ACCEPTING THIS AGREEMENT YOU AGREE TO NOT HOLD REAL ESTATE NEXUS RESPONSIBLE FOR INTERNET CONNECTIVITY PROBLEMS. YOU ALSO AGREE THAT AT A FUTURE POINT, YOU MAY NEED TO UPGRADE THE QUALITY OF YOUR INTERNET CONNECTIVITY IN ORDER TO EXPERIENCE INCREASED PERFORMANCE FROM THE SERVICES.
You are liable for and will defend, indemnify, and hold harmless Real Estate Nexus and its’ officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of your use of the Services in violation of this Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.
8. Authorization for Sales & Marketing Public Disclosures
You agree that thirty (30) days following the Commencement of Services, Real Estate Nexus may include references or mentions of you or your business in its’ marketing, social media and public relations campaigns including Case Studies or Use Cases for direct or indirect reference purposes as well as collateral created for general public release.
We may amend this Agreement at our sole discretion by posting the revised terms on the Real Estate Nexus terms and conditions page located here at: https://realestatenexus.io/terms-and-conditions/
The terms of this Agreement govern the Services and any updates or upgrades to the Services that we may provide that replace or supplement the original Services, unless the update or upgrade is accompanied by a separate license, in which case the terms of that license will govern.
11. Real Estate Nexus Services Usage:
- Any Content that you or any End User run on, cause to interface with, or upload to the Services is Your Content. You are responsible for maintaining licenses and adhering to the license terms of any of Your Content on the Services.
- Using Microsoft Software. In conjunction with the Services, you and your End Users may be allowed to use Microsoft Software. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to Microsoft’s Terms and Conditions.
- You and your End Users may only use the Services for an End User’s personal or office productivity. The Services are not meant to accept inbound network connections, be used as server instances, or serve web traffic or your network traffic. You may not reconfigure the inbound network connections of the Services. We may shut down End User accounts that are used in violation of this section or other provisions of the Agreement.
- As part of regular operation and support of the Services, you authorize Real Estate Nexus to perform configurations, health checks, and diagnostics on a regular basis. To complete these tasks, Real Estate Nexus will use programmatic access that is provisioned as part of the Services account creation process for you or your End Users. During the performance of these tasks, Real Estate Nexus will retrieve performance and log information tied to the operation and management of the Services.
- You may not attempt to tamper with any software we pre-load on the Services instance (including the operating system software running on the Services), or in a way that is not part of normal operations or that attempts to circumvent charges for the Services or interfere with other users of the Services. During the regular operation of the Services, software may activate against a license activation server hosted by Real Estate Nexus. You may not attempt to tamper with or use this license activation server in a way that is not part of normal operations or that attempts to circumvent charges for the Services. We may block access to the Services, and suspend your account, if we determine that you are in violation of this section.
- You are responsible for End Users use of the Services. You are responsible for determining End User policies and configuring End User policy controls for the Services.
12. REN SMS Program
REN Services Updates is a standard-rate SMS program that provides subscribers recurring updates about Screen-Magic products and articles from the SMS industry. Message and data rates may apply. By opting into REN Services Messenger, end-users agree to receive pre-written marketing messages from or on behalf of REN Services via shortcode 73XXX and understand that consent is not a condition of service.
- Active Keywords: You are responsible for End Users use of the Services. You are responsible for determining End User policies and configuring End User policy controls for the Services.
- Opting Out: To cancel your Screen-Magic Messenger subscription, reply STOP to 73XXX to opt-out of all services at any time.
- Customer Support: Text HELP to 73XXX at any time to receive program contact information. Feel free to visit our Frequently Asked Questions (FAQ’s). You can also send us an email at firstname.lastname@example.org or call/text +1-800-XXX-XXXX.
- Supported Carriers: Carriers are not liable for delayed or undelivered messages. Screen-Magic Messenger is available on the following carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, and others. See the complete most up-to-date list of SMS carriers below:
∙ Verizon Wireless
∙ ACS Wireless
∙ All West Communications
∙ Appalachian Wireless
∙ Atlantic Tele/Choice
∙ Bluegrass Cellular
∙ Boost Mobile
∙ Carolina West Wireless
∙ Cellular South (C-Spire)
∙ CellularOne (of NE AZ)
∙ Chariton Valley Wireless
∙ Chat Mobility
∙ Cincinnati Bell
∙ Copper Valley
∙ Cricket / Leap
∙ CTC Telecom
∙ Custer Telephone
∙ DTC Wireless (Advantage)
∙ Duet IP
∙ Eagle Telephone System
∙ Element Wireless
∙ Enflick Inc
∙ Epic Touch
∙ Farmers Mutual Telephone ∙ Flat Wireless
∙ GCI / Alaska Digitel
∙ Gold Star Communications
∙ Google Voice
∙ Illinois Valley
∙ Immix Wireless (Keystone)
∙ Inland Cellular
∙ iWireless (Iowa Wireless)
∙ Layered Communications
∙ Leaco Rural Telephone
∙ Manti Tel
∙ Metro PCS
∙ Mid-Rivers Communications ∙ Mobi PCS
∙ MobileNation / SI Wireless
∙ MTPCS Cellular One/CellOne Nation ∙ NE Cellular One of PA
∙ Nemont Sagebrush Cellular ∙ Nex-Tech
∙ Nucla-Naturita Tel
∙ NW Missouri Cellular
∙ Peoples Wireless
∙ Pine Cellular
∙ Pioneer Cellular
∙ Plateau Wireless
∙ PTCI (Panhandle Wireless)
∙ Republic Wireless
∙ South Central Utah
∙ SouthernLINC Wireless
∙ SRT Wireless
∙ Standing Rock
∙ Syringa Wireless
∙ Thumb Cellular
∙ Triangle Wireless
∙ Union Wireless
∙ United Wireless
∙ US Cellular Corp
∙ Viaero Wireless
∙ Virgin Mobile USA
∙ West Central Cellular
Text UPDATES to 73XXX for recurring mobile marketing tips from Screen-Magic. Message & Data Rates May Apply.
13. Contact Information
If you have any queries regarding any of our terms and conditions, please contact us.