June 16, 2020
1) Role: REVEALI assumes no responsibility for any result or consequence directly or indirectly related to any action or inaction that consumers take based on the Services or any information available through use of the Services. REVEALI does not:
a) act as a real estate agent or broker for you or any other user
b) represent you or another user in the negotiation, purchase, sale or exchange of real property
c) lease or rent, offer to lease or rent, or negotiate, aid or assist in the lease of real property
d) provide real estate, lending or financial advice
2) Terms for Buyers and Sellers: All non-real estate professionals (including prospective Buyers and Sellers and their representatives) who are involved with and use our Services must agree with the following terms:
a) When you submit a request for services, we will facilitate a professional referral between you and one of our real estate partners. Information provided by you preceding the referral is shared with the real estate agent partner and you authorize us to use and provide this information to them. You agree that your provision of information is consent to be contacted by us and by our partners via phone, email, app, SMS or text.
b) You will provide us with complete and accurate information. We reserve the right to suspend or terminate access to anyone who intentionally supplies inaccurate or misleading information.
c) We do not either endorse or recommend any terms of your interaction with any real estate professional.
d) While you are not responsible for making referral payments to REVEALI, as part of the Services, REVEALI may be paid compensation in exchange for your referral to real estate professionals (“Real Estate Referral”). Additionally, as part of the Services, you may be referred to XYZ, which provides mortgage loan origination services, which may also provide a financial or other benefit to REVEALI. There is no charge to you. Any payment that is due is based on a separate agreement between us and the third party involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
e) Your use of services is voluntary and can be terminated by either party for any reason at any time with written notice. Any referrals made to real estate professionals on your behalf prior to such termination are still bound by the Terms for Brokers and Agents.
3) Terms for Broker and Agents: Real estate professionals who are involved with and use our Web site or app must agree with the following terms:
a) You grant REVEALI permission to display information on our Web site and elsewhere that we have gathered or you have supplied related to any of the real estate transactions that you have handled as a real estate professional, professional awards or specialties.
c) You are responsible for maintaining your own real estate license and for following all applicable real estate laws regarding disclosures, documentation and other brokerage responsibilities. You are responsible for all real estate brokerage services provided to your clients and agree to defend, indemnify and hold harmless Reveali from and against any and all claims, demands, complaints, liabilities, losses, damages, costs, and expenses, including attorney’s fees, in anyway arising from or relating to the brokerage services provided by Agent.
d) Your participation in our service is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any referrals made prior to such termination are still bound by this agreement, and Referral Fees will be due upon close of any transactions resulting from such referrals.
e) In connection with the referrals, you agree to be contacted by REVEALI and its referrals via phone, email, SMS, text or mail and you further agree that you will not provide the referrals to any other party without our written consent.
f) Any information that you provide to REVEALI shall be accurate, complete and owned by you, and you agree to update any information that is at any time inaccurate and give us permission to correct inaccuracies on your behalf. You hereby grant us permission to e-mail or display your Profile (name, likeness, contact information and transaction details) and such other information as may be supplied by you on REVEALI’s or our affiliates’ Web sites for marketing purposes.
g) You agree that we may modify the services provided, these terms of service or the price charged for our services at any time. We will send you an email thirty days in advance of any significant changes of our services, terms of service or prices, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent referrals or services shall be governed by the new terms.
a) you are 18+ years of age
b) you have not previously been suspended or removed from the Services
c) your registration and use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password and it is your sole responsibility for maintaining the confidentiality of your account and password, and you accept responsibility for all actions taken through your account. You may not share your user account(s) with others and you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
5) Use of the Services:
d) Prohibited Use: By using the Services, you agree not to:
i) use information provided by REVEALI through the Services in making any loan-related decisions;
iii) provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
iv) remove or modify any copyright or other intellectual property notices that appear in the Services;
v) use the Services for resale, service bureau, time-sharing or other similar purposes;
vi) impersonate another person or misrepresent your affiliation with another person or entity;
vii)reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by REVEALI for a particular portion of the Services;
viii) upload invalid data, viruses, worms, malware or other software agents to the Services;
ix) interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures REVEALI may use to prevent or restrict access to the Services;
x) conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
xi) use any of REVEALI’s trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services;
xii)access or use any of the Services to develop competitive products or services; or
xiii) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred, physical harm of any kind against any group or individual, sexually explicit material, is harmful to minors, harasses or advocates harassment, or provides information that promotes illegal activities.
xiv) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Web site users, including names, phone numbers, addresses, email addresses, without their consent
xv)engaging in activity, submitting materials, or promoting information that is false, misleading, defamatory or libelous
xvi) submitting materials that contain restricted or password only access pages, or hidden pages or images
xvii) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users
xviii) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes
xix) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Web site or for any other unauthorized purpose without our prior written consent
xx)using any device, software, or routine to interfere or attempt to interfere with the proper working of the Web site
xxi) taking any action that imposes an unreasonable or disproportionately large load on the Web site or our hardware and software infrastructure or that of any of our licensors or suppliers.
xxii) attempt to, or permit or encourage any third party to, do any of the above
7) Information Accuracy: REVEALI intends that the information contained on our Web site be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Web site, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
9) User Materials:
11)Feedback: If you choose to provide feedback regarding the Services or any REVEALI Materials (“Feedback”), then you hereby grant REVEALI an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
12)Claims of Copyright Infringement: It is the policy of REVEALI to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify REVEALI’s copyright agent by providing, in writing, the following information:
a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
c) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted
d) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
e) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g) Notices of copyright infringement claims should be sent as follows:
REVEALI, LLC., 1760 Oxmoor Rd, Birmingham, AL 35209
15)Consent to Communications: You may initiate or receive a call from a REVEALI representative or one of our agent partners via one of REVEALI’s tracked phone numbers and subsequently REVEALI may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by REVEALI or the Communications Service. The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with REVEALI or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service (“Communications Service”). REVEALI may also use the Communications Service to track phone calls and text messages between you and real estate professionals so that REVEALI and the real estate professional can access certain details about the contact. As part of this process, REVEALI and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You agree that any notices, agreements, disclosures, or other communications that REVEALI sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18)Limitation of Liability:
a) The web site and the information, software, products and services associated with it are provided “As is.” REVEALI and/or its suppliers, participating lenders, or real estate professionals disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the web site and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Use of REVEALI’s service is at your own risk. We and/or its suppliers, are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of our services or with the delay or inability to use the web site, or for any information, software, products and services obtained through the web site, or otherwise arising out of the use of the web site, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if we and/or its suppliers had been advised of the possibility of damages. REVEALI assumes no liability or responsibility for any errors, mistakes, or inaccuracies of materials; personal injury or property damage, of any nature whatsoever, resulting from you access to or use of the services; any unauthorized access to or use of out secure servers and/or any and all personal information stored therein; any interruptions or cessation of transmission to or from the services; any bugs, viruses, malware, or the like that may be transmitted to or through our services by any third party; any errors or omissions in any materials posted, emailed, transmitted, or otherwise made available through the service user materials; or the defamatory, offensive, or illegal conduct of any third party. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
b) You also agree to the following: In no event shall REVEALI or our suppliers be liable for lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. Our liability, and the liability of our suppliers, to you or any third parties in any circumstance, is limited to $100. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
c) You also agree to the following dispute resolution, arbitration, and class action waiver: Instead of suing in Court, you and REVEALI agree to arbitrate all disputes between you and REVEALI or any of REVEALI’s agents, representatives, or partners acting on REVEALI’s behalf, on an individual basis, not on a class-wide or consolidated basis. All disputes shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The FAA applies to this agreement, the arbitration provision, and all questions of whether a dispute is subject to arbitration. Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of your residence. We each agree that we will only pursue arbitration on an individual basis and will not pursue arbitration on a class-wide or consolidated basis. We each agree that any arbitration will be solely between you and REVEALI or REVEALI’s agents, representatives, or partners acting on REVEALI’s behalf. We each waive any rights to bring a class action or consolidated action. Exceptions:
20)Invalidity: If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon 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. All rights not expressly granted herein are reserved to REVEALI.
21)Contact Information and License Disclosures. The Services are offered by REVEALI and its affiliates, located at 1760 Oxmoor Rd, Birmingham, AL 35209. You may contact REVEALI by sending correspondence to that address or emailing Contracts@Reveali.com. To see a complete list of REVEALI real estate brokerage licenses, see Real Estate Licenses.