Summary of Contract & Terms
Last updated January 27, 2023
Summary of Contract & Terms
Here is a quick summary of the terms below. If you want detailed legal information, please read the full terms. The summary below is just a summary, but you are agreeing to the full terms listed below the summary.
1. You are agreeing to a one-year term (12 monthly payments). There is a $500 early termination fee.
2. You are responsible for adding your own content to your site.
3. Billing starts 30 days after you sign up for your new site, regardless of whether you have published your live site within one week or even 45 days. If you sign up for our marketing, your billing will start on the first of the month, and monthly marketing and platform fees will be prorated from the time that we launch your marketing campaign.
4. You are responsible for driving your own traffic to your new website (unless you have signed up for Real Leads).
5. The sign-up fee is non-refundable after the development site has been delivered. It is billed as soon as the sign-up submission form is completed.
6. You agree to pay any MLS® vendor fees issued to Real Geeks on your behalf whether they are monthly or one-time including any violation fees caused by you pushing your site live before FORMAL MLS® APPROVAL including masking or forwarding any URL to the dev site provided by Real Geeks. You can not push your site live or forward URL or mask URL until MLS® has given formal approval. You are also responsible for providing new MLS® paperwork for approval if you change companies.
Full Real Geeks, LLC's Terms of Service & Contract
THE FOLLOWING TERMS OF SERVICE AGREEMENT (THE "AGREEMENT") DETAILS THE TERMS AND CONDITIONS FOR THE WEBSITE HOSTING, INTERNET MARKETING, IDX SOLUTIONS, EMAIL MARKETING, AND LEAD MANAGEMENT SERVICES (THE "SERVICES") PROVIDED AND ADMINISTERED BY REAL GEEKS, LLC. (REFERRED TO HEREIN AS "RG" OR "WE"). THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN RG AND THE RG MEMBER ("MEMBER" OR "YOU"). YOU MAY NOT ACCESS ANY OF OUR PRODUCTS UNLESS YOU FIRST REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Term and Termination
1.1 This Agreement shall become effective upon your acceptance of the terms and conditions contained herein and shall continue for a period of one (1) year spread across twelve (12) monthly payments. So there is not any interruption of service after the one (1) year period the clients' services will continue and be charged monthly to their credit card until canceled. After one (1) year of service, the term is month to month and can be canceled with a 30-day notice. There will be a $500 early cancelation fee charged if service is canceled prior to the agreed twelve (12) monthly payments.
1.2 RG reserves the right to terminate this Agreement for any breach of the provisions in these Terms of Service, as determined by RG in its sole discretion. RG shall have no obligation to refund any of Member's fees due to RG's early termination of this Agreement.
1.3 If, in the first twelve (12) months after your purchase of our RG Website Solutions or RG IDX - Lead Manager Solutions, you may cancel this Agreement and you agree to be billed $500 early cancellation fee. Note: There are no refunds for the one time sign up fee once the welcome email has been sent and the dev. site has been put online. Additionally, there are no refunds on custom work/website maintenance that was done prior to canceling. Notice of such cancellation must be made by emailing RG at email@example.com. The notice must be made acknowledged by someone at Real Geeks with a reply to the email.
1.4 Upon the termination of this Agreement for any reason, RG shall replace the home page of Member's website with a standard error message at no charge to Member.
2. Fees and Payments
2.1 You shall pay the fees and other charges for the Services as stated in your invoice or in this Agreement. All fees are due immediately and, except as expressly provided herein, are non-refundable. RG reserves the right to change its fees at any time. You shall make all payments in U.S. currency. Your credit card will be billed in advance for any and all fees. In the event that the Account is over 90 days past due the total value of the contract will be due immediately and will be turned over a collection agency if not paid immediately. RG reserves the right to suspend or terminate your account if credit card charges are denied. Such suspension or termination shall not relieve you of the obligation to pay the fees due. You agree to pay RG its reasonable expenses, including attorneys' and collection agency fees, incurred in enforcing its rights under this Agreement.
2.2 Clients that prepaid their RG IDX - Lead Manager or RG Website Solutions Website hosting for the year will continue after the first 12 months at the monthly rate stated on the RG Website, invoice or contract. Monthly clients will continue as normal being charged the monthly rate stated on the RG Website, invoice or contract. All charges will be monthly and be charged to the credit card we have on file after the first year unless otherwise specified.
3. RG Website Solutions - Design & Production
3.1 RG reserves all rights to provided design templates and proprietary programming. Time of launch assumes the customer will make all technical and graphic decisions within one (1) business day of submission and promptly provide all requested materials within a week of contract signing. We are not responsible for photos provided (if copyrighted).
3.2 Responsibility for Member Website Development
Member will be solely responsible for the development, operation and maintenance of Member's website and all content and materials appearing on-line including, without limitation:
(a) the accuracy and appropriateness of content and materials appearing on the website; (b) ensuring that the content and materials appearing do not violate or infringe upon the rights of any third party; (c) ensuring that the content and materials appearing are not libelous or otherwise illegal; (d) the final calculation and application of shipping and sales tax and for accepting, processing, filling and shipping any customer orders; (e) handling any customer inquiries or complaints arising from customer orders; and (f) the security of any customer credit card numbers and related customer information that you obtain or access as a result of conducting electronic commerce via Member's website and to keep all such information confidential and to exercise the same degree of care and security standard in the industry.
4. RG IDX - Lead Manager Solutions
4.1 RG reserves all right to provided design and proprietary programming for RG IDX - Lead Manager. Set up times can vary depending on the MLS®. Typical setup times are from 7 to 14 business days providing the customer correctly fills out and returns needed MLS® paper work in one (1) business day. Additional delays by the MLS® are not accounted for here and may happen.
4.2 RG IDX - Lead Manager and its modules can be used on more than one website. There is a 3600 maximum new registered users monthly to the IDX search solution and modules. If you go over this maximum we congratulate you. You are getting a lot of traffic. However, you will need to buy another license to allow more visitors to use your RG IDX - Lead Manager & mapping IDX solution. Please contact your sales representative for more details.
4.3 Make sure you are update and know your MLS®'s rules for IDX solutions. While we make every effort to keep up on rules for individually MLS®s regarding IDX solutions we can not be responsible if your RG IDX solution is not compliant. You are completely responsible for all penalties and fees assessed by your association or MLS®.
5. RG IDX - Lead Manager Web Mail Acceptable Use Policy
5.1 RG has adopted the following Acceptable Use Policy in order to assure that its electronic messages are used in a lawful and appropriate manner. While RG does not ordinarily monitor the content of users' messages, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service: (a) sending harassing, abusive, or threatening messages; (b) sending obscene or pornographic messages or images; (c) sending defamatory or libelous messages; (d) sending viruses or other harmful, disruptive, or destructive files; (e) attempting to steal password or credit card information; (f) sending messages in furtherance of unlawful, criminal, or fraudulent activity; or (g) attempting to conceal or misrepresent the identity of the sender.
5.2 Violations of the RG Acceptable Use Policy will not be tolerated and may result in termination of service. RG may disable the sender's account without compensation or refund. RG RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING MESSAGE RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY RG TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
6. Technical Support, Maintenance and Training
Email technical support and phone technical support is included with all services monthly. Maintenance may include minor fixes (textual changes, logo change, new agent photo, design, etc.). Basically it is doing stuff you don't have the time to do or are incapable of doing. Change requests will normally be completed within (5) business days of receipt via email to your account manager.
7.1 RG is not responsible for the content of any web page hosted by RG. The opinions and views expressed in such web pages do not necessarily reflect those of RG. The contents of the web pages hosted by RG are not reviewed in any way before they appear on the web page. As the author of web pages hosted on RG websites, you take full responsibility for their contents. Do not use the web space provided by RG to provide material that is offensive to the web community including, but not limited, expressions of bigotry, racism, hatred or profanity or for promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual.
7.2 RG Website Solutions shall only be used for lawful purposes. Transmission or solicitation of any material that violates any local, state, federal or international law, order or regulation is prohibited.
7.3 Your web pages cannot contain, or provide links to, materials that RG, in its sole discretion, may consider illegal or offensive including, but not limited to: (a) copyrighted material not belonging to you -- for example, music, images, software or video -- unless you have the prior consent of the copyright owner; (b) trademarked materials not belonging to you without the prior consent of the trademark owner; (c) pornography, nudity, sex or any other material that would commonly be considered "indecent" or "appealing to the prurient interest"; (d) gambling; (e) foul language; (f) pyramid or other illegal solicitation schemes; or (g) insults to other persons or businesses including, but not limited to, material that is obscene, threatening, harassing, defamatory or libelous.
7.4 You shall not use your web pages to conduct any of the following activities:
(a) send bulk/spam e-mail; (b) send mass/spam news postings; (c) disclose the trade secrets of any other person or entity; (d) use patented or trademarked materials without the prior consent of the patent or trademark owner; (e) rent, sell or otherwise distribute web space to third parties; or (f) conduct any other activity that RG determines, in its sole discretion, to be fraudulent, illegal or an unreasonable drain on system resources.
7.5 The financial calculators are made available to you "AS IS" for your independent use and are not intended to provide investment advice. We can not and do not guarantee their applicability in regards to your individual circumstances. RG MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE FINANCIAL CALCULATORS INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Member Communication
RG reserves the right to send Member service e-mails notifying Member of operational or other changes that may affect or change the Services offered by RG. Please note that you cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of Member's website. MEMBER HEREBY GRANTS RG EXPRESS WRITTEN PERMISSION TO SEND FAX AND OR EMAIL SOLICITATIONS OR ADVERTISEMENTS, THUS SATISFYING ANY EXPRESS WRITTEN PERMISSION REQUIREMENT
9. Amendments and Modifications
RG reserves the right to amend the Service offerings and add, delete, suspend or modify the terms and conditions of the Services at any time and to determine whether and when, at its sole discretion, any such changes apply to existing or future Members.
10.1 We take spam very seriously here. You may not use any of our products or services to send online messages to any bulk mailing or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. In addition you must comply with the Federal CAN-SPAM Act. RG reserves the right to limit, in its sole discretion and without prior notice to you, the number of messages that you may send using any of our products or services and/or the number of recipients to which you send such messages.
10.2 You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your transmissions in order to ensure compliance with these Terms.
11. Limitation of Liabilities
11.1 General. IN NO EVENT WILL RG BE LIABLE TO MEMBER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR RELATED TO (I) THE SERVICES, (II) YOUR USE OF ANY DATA, INFORMATION, SOFTWARE OR THIRD PARTY SOFTWARE AVAILABLE THROUGH RG, (III) THIS AGREEMENT OR (IV)MEMBER'S WEBSITE REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT OR STRICT LIABILITY CLAIMS. IN ADDITION, EXCEPT FOR THE SERVICE LEVEL WARRANTY SPECIFIED IN SECTION 16 HEREOF, RG SHALL HAVE NO LIABILITY OF ANY KIND OR NATURE TO MEMBER ARISING OUT OF OR RELATED TO MEMBER'S USE OF OR INABILITY TO USE MEMBER'S PURCHASED SERVICES. IN THE EVENT THAT RG IS LIABLE TO MEMBER FOR ANY LOSS ARISING OUT OF OR RELATED TO THE SERVICES, THIS AGREEMENT OR MEMBER'S WEBSITE, RG'S AGGREGATE LIABILITY TO MEMBER WILL IN NO EVENT EXCEED THE AMOUNT OF ANY ACTUAL MONETARY LOSS OR DAMAGES SUFFERED UP TO, AND NOT IN EXCESS OF, THE AGGREGATE FEES PAID, IF ANY, FOR THE SERVICES WHICH GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CLAIM AROSE.
11.2 No Liability for Unauthorized Use or Access. Member is solely responsible for ensuring that each password for Member's website is utilized only by Member or, if applicable, by Member's authorized employees and agents. RG shall have no liability for any loss, claim, damage or other liability that may arise from the unauthorized use of a password. If a password is lost or stolen or if you have reason to believe that your website is no longer secure for any reason, it is your responsibility to notify RG of such loss or theft so that the password can be deactivated and a new password assigned. RG will use commercially reasonable efforts to effect password deactivation requests promptly.
12. Intellectual Property
Member acknowledges and agrees that RG Website Solutions and RG IDX - Lead Manager, are a valuable commercial product of RG, the development of which has involved expenditure by RG of substantial time and money. Member acknowledges and agrees that Member has no ownership rights to RG Website Solutions or RG IDX - Lead Manager. Member further acknowledges and agrees that the name and mark " RG Website Solutions â€ and â€œRG IDX - Lead Manager and all associated names, marks and logos (collectively, the "Marks") are the trademarks and/or service marks of RG or its affiliates, and that any trade dress, trademark, service mark or designs related to RG Website Solutions and RG IDX - Lead Manager and/or the Marks are the intellectual property of RG and are protected by United States copyright laws, trademark laws, trade secret laws, international treaties and applicable laws of the states and jurisdictions where they are used. This Agreement does not grant to Member any ownership right in the Marks or in any other intellectual property of RG. All material on RG Website Solutions and RG IDX - Lead Manager including, but not limited to, images and illustrations are protected by copyrights that are owned or controlled by RG or by other parties that have licensed their material to RG. Except as otherwise provided in the following sentence, all right, title and interest in, and as to the Marks and any other intellectual property of RG shall remain with RG. RG grants a non-exclusive, revocable, non-transferable license to Member to use solely during the term of this Agreement the graphics, text, tools and modules provided by RG through RG Website Solutions and RG IDX - Lead; provided, however, that such graphics, text, tools, and modules may be used by Member only on RG's server. Such license shall terminate upon the termination of this Agreement. Member shall not, under any circumstances, resell, distribute or allow any other entity or person to use any of RG's products, modules, tools, scripts, graphics, text, database/programming code or object or source codes without RG's prior written consent. As between Member and RG, the parties agree that RG shall own and retain all intellectual property rights, copyrights, patents and all rights, title and interest in and to all of the products, modules, tools, scripts, graphics, text, database/programming code and object or source codes provided or supplied by RG that are displayed on Member's website or used in the development or the maintenance of Member's website.
Access to RG Website Solutions and RG IDX - Lead Manager does not grant to Member the right to reproduce, copy or distribute (except as permitted by RG on web pages hosted by RG) by any means, method or process whatsoever, now known or hereafter developed, all products and services made available by RG through RG Website Solutions and RG IDX - Lead Manager including, without limitation, transferring or downloading them to a computer hard drive, or otherwise copying them onto any other storage medium. In addition, access to RG Website Solutions and RG IDX - Lead Manager does not grant to Member the right to perform publicly, by any means, method or process whatsoever, now known or hereafter developed, made available by RG through RG Website Solutions and RG IDX - Lead Manager including, without limitation, any transmission, retransmission, or further transmission of them. All products and services made available by RG through RG Website Solutions and RG IDX - Lead Manager plus all other products are protected by copyrights that are owned by the individual composers thereof or other.
You agree that you will not attempt to compromise the security on the RG servers by any means including, but not limited to: (a) attempting to gain access to restricted information on the RG servers; (b) attempting to disable, cripple or modify RG servers or any service running on an RG server; or (c) attempting to access information in other RG Website Solutions and RG IDX - Lead Manager accounts. RG reserves the right to prosecute any person or entity attempting to compromise the security of the RG servers to the fullest extent allowed by applicable law.
14. Links to Other Websites
As a convenience to Member, RG provides links to websites owned and operated by third parties not affiliated with RG. Member's use of the services and products offered via any such linked website shall be at Member's own risk and RG assumes no responsibility for the products and services offered via any such linked website, regardless of whether RG receives a referral fee for Member's use of the linked website. Member acknowledges and agrees that RG shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any of the linked websites, nor for any losses or damages caused or alleged to have been caused by the use of or reliance on any content from any such linked website.
15. Disclaimer and Warranties
Member understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. RG makes no representations or warranties of any kind, either express, implied or statutory, concerning the data or information available through RG Website Solutions and RG IDX - Lead Manager or the Internet. RG'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS. RG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; THAT THE SERVICES WILL MEET MEMBER'S REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE; REGARDING ANY THIRD PARTY SOFTWARE OR SERVICES; AND/OR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF RG. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RG DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
16. Copyright - Real Geeks
All of the Material available on RG Website Solutions and RG IDX - Lead Manager, original Material residing on RG Website Solutions and RG IDX - Lead Manager, templates, and Material residing on RG client websites at the time of original creation are copyrighted © 2009-2019, RG or used under license. RG currently utilizes copyrighted materials from individuals and entities. The copyright information for each licensor is indicated on the applicable portion of the Site, and/or on the electronic messages incorporating their content.