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.