Terms Of Service

This website terms of service and non-circumvent agreement (“Terms of Use”, or “Agreement”) are applicable to Real Property Pro, LLC, dba RealPropPro.com (“RPP”) and RPP websites and associated businesses as detailed herein below (“Platform(s)”.) It will also explain the non-circumvention agreement in accordance with the use of this Platform. In addition to the Platform and Sites, these Terms of Use are also applicable to all tools, documents, applications (including mobile applications), and other services. Collectively, we call all of these Sites, tools, and applications “Services.” Please read this document carefully as it is a legally binding agreement between you, your businesses, and representatives.
- Introduction
By using the RealPropPro.com Platform, you confirm that you have read and understand this Terms of Use, (referred to herein as the “Agreement”). The Agreement governs the use of the RealPropPro.com Platform and its associated business platforms.
- General Terms
In this Terms of Use Agreement:
- RPP may be referred to as “RPP,” “we,” “our,” or “us.”
- We call a user of the RPP Platform a, “User,” “Users,” “you,” “your,” “Subscriber,” “Student,” and/or “Client” as is appropriate.
- The Platform that RPP offers to the public is www.RealPropPro.com and associated variants and business platforms thereof, including, but are not limited to: www.shop.realproppro.com; www.realproppro.com/shop; https://realproppro.taxliens.app; www.go.realproppro.com; www.funds.realproppro.com; www.realproppro.com/funding; www.realproppro.com/consulting; RPP.LLC are referred to herein as the “Site(s).”
- The mobile applications (whether on iOS or Android) are referred to as the “Apps.”
- RPP’s Sites, Apps and related services, information and communications are collectively referred to as the RPP “Platform” or “Platforms.”
- The term “Subject Property” and “Subject Properties” has shall mean a particular parcel of real property, real estate, including a property being financed or a property being sold, property being sold with an existing mortgage.
- The term “Asset(s)” shall mean a Subject Property, or Performing, or Non-Performing Note, or Deed of Trust (“DOT”) related to a Subject Property, and/or Tax Lien and/or Tax Deed.
- Marketplace shall mean location of listing of various Asset Offering(s) located within the RPP Sites.
- Site Rules. To use the Services, you have to follow the rules. The rules above are designed to keep the Services safe and enjoyable for all Users. By accessing the RPP Sites Website and/or using the Services, you are agreeing to these Terms of Use and entering into a legally binding agreement with us. If you do not agree to the Terms of Use, including the non-circumvention clause and class action waiver contained in detailed herein below, you may not use the Services or create an account.
RPP may from time to time elect to change these Terms of Use thus a revised copy will be posted upon this page. If we make any material changes
to these Terms of Use, we will notify you via email. Otherwise, your continued use of the Services following such changes will constitute your acceptance of the new terms.
By using the Services, you are agreeing to be legally bound by this agreement, including the binding arbitration clause contained below. We
may make changes to this agreement from time to time, so be sure to check this page regularly.
- Eligibility & Registration. If you want to participate in or make an offer in connection with a Subject Property’s REO listing, auction, purchase, sale, rental, or participate in any marketing event, you will have to register with RPP and be a subscriber. YOU CANNOT PURCHASE ANY SUBJECT PROPERTY NOR ASSET IN OUR MARKETPLACE WITHOUT AN ACTIVE SUBSCRIPTION.
You must be at least 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you must be above the age of majority in your jurisdiction, to use the Services of RPP Sites. You may choose to create an account and provide certain information, including a valid email address and a password.
You must agree to provide accurate and truthful information and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify RPP if there has been any unauthorized use of your information. You may not share your password with unaffiliated third parties. You are fully responsible for all uses of your password, account and username, or registration, whether by you or others. RPP is authorized to act on instructions received through use of your account or registration and are not liable for any loss or damage arising from your failure to comply with this Section. By providing your information, you consent to us contacting You about your interest in us or the Services by email, phone, or through any other contact information You have chosen to provide. You may opt out of marketing by following the instructions in our Privacy Policy.
The Services are not intended for users under the age of 18, so you must be 18 to use the RPP services. If you create an account or register, it is important to keep your information accurate and up to date so that we can contact you with information about the Services. You are responsible for your own account and registration. If you ever forget your password or believe that someone has accessed your account without your permission, it is important to contact us immediately so that we can assist you.
- Intellectual Property. All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Site,
tools, and applications, are copyrighted by us or our licensors and content suppliers, and are protected by U.S. and international laws. You agree to abide
by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the
Services without our express prior written permission is strictly prohibited. You shall not acquire any proprietary rights, including intellectual property
rights, in or to the Services. You acknowledge that the Services are valuable commercial products, the development of which has involved the expenditure of substantial time and money.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items
belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that
violates any intellectual property, proprietary, privacy, or publicity rights.
The content on the Services is copyrighted. You may use the content, but you may not alter it or change any copyright notices without our permission. You may not use your own web design skills to put “frames” around our Websites and pretend they are yours. You also can’t link to our RPP Sites from RPP Sites that contain content we would find objectionable.
- Conditional License to Use RPP Services. The Services are owned exclusively by RPP and www.RealPropPro.com. However, RPP only grants you a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in the Terms of Use. You will not use,
copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or
otherwise exploit the Services, except as expressly permitted in these Terms of Use. Any violation by you of these license provisions may result in the
immediate termination of your right to use the Services. We reserve all right, title and interest not expressly granted under this license to the fullest
extent possible under applicable laws.
There are a number of rules you must follow to use our Company Services. You agree not to use the Services in any way that:
- Violates these Terms of Use or Terms of Service;
- Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly available portions of the Services;
- Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
- Creates any derivative works from the Services;
- Competes with our business or impacts our revenue;
- Impairs Company, or Company vendor computer systems or transmits software viruses, worms, or other harmful files;
- Interferes with any other party’s use and enjoyment of the Services;
- Attempts to gain unauthorized access to the Services;
- Uses any part of the Services in unsolicited mailings or spam material;
- Violates any third-party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary rights;
- Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames, others, or is otherwise objectionable; solicits personal information, promotes illegal substances, or submits or transmits pornography; and/or
- Violates any laws.
- Non-Circumvention of Vendors & Property Owners. We have adopted and reasonably implemented a policy that provides for the termination of a User account in appropriate circumstances of subscribers and account holders of our Services who attempt to circumvent any of our business associates and/or
property owners.
RPP takes any attempt to circumvent and/or interfere with our business very seriously. The legal term is interference of with business
relationship. Interfering with a business relationship is actionable and can result in legal action.
- The RPP Marketplace. RPP has on-going access to Off-Market properties and land in various states via third-party asset managers, tax lien and tax deed investors, various hedge funds, and various independent wholesalers. These properties are listed on the RealPropPro.com Site in the Marketplace.
Please note that RPP’s ability to offer the properties is at times nonexclusive and thus, inventory is subject to change without notice.
- Fees. RPP may charge various fees such as an Assignment Fee, Placement Fee, and/or Buyers Premium (“Fees”) that corresponds to the price of the Subject Property and/or Asset. Please be advised that there are likely additional nominal fees (escrow fee, processing fee, et cetera) that may also apply to Assets and Subject Properties.
Fees will vary depending on circumstances and depending on the price and varying particulars of the proposed Asset and/or Subject Property. In lieu of an
Assignment fee, RPP will use a Buyer Premium, typically at five percent (5%) of the total Asset cost.
- Due Diligence. Please read this section carefully. All investments carry risk, and it is absolutely vital that you conduct proper and thorough due diligence. The purchase of Asset and/or Subject Property with RPP and all Marketplace Subject Property is like buying at the Courthouse
steps: YOU MUST CONDUCT YOUR OWN DUE DILIGENCE. RPP does not vet the Marketplace Properties, nor any Assets. Further, we simply cannot and will not respond to inquiries as to due diligence. Due Diligence must be done by the prospect buyers. Due diligence should be bifurcated on all Real Property. (1) Conduct due diligence as to the condition of the Subject Property. Please drive the property, or have an agent drive the property prior to submitting an[y] offer. These properties are typically distressed and require rehabilitation; and (2) Conduct due diligence as to title, any possible liens, and/or encumbrances. Due diligence should be conducted on all Asset Offerings. (While RPP via its associated company W1 Holdings, LLC (“W1”) can help negotiate any possible liens, fines, fees, et cetera. RPP nor its associated businesses make any warranty, express or implied, as to the outcome of any negotiations.) If after conducting due diligence you want to purchase a Subject Property, or Asset Offering, please make a written offer. - Submitting an Offer. All offers for any Subject Property and/or Asset must be in writing (email is sufficient). If your offer is accepted, agreements will be drafted and e-signed via DocuSign and/or Adobe Sign. (Please have your funding arranged prior to entering into any agreement. RPP reserves the unilateral right to cancel any agreement if funding is not timely.) Upon having signed agreements, EMD is due. Funds will be paid to escrow. RPP will not accept direct payment under any circumstances. (Escrow instructions will be sent at the time of entering agreement.) All title work must be completed after the sale and post conveyance to ensure a quick close of the transaction.
- Asset Ownership. RPP, nor the its servicers have ownership interest in the Subject Properties in its Marketplace and the servicing of the Marketplace is conducted by a third-party business associate. Further, RPP does not have ownership interest in the Assets. RPP is merely the platform to assist in the disposition of the Assets and/or Subject Properties.
- Conveyance. These properties are being conveyed by way of assignments with concurrent closings. Please further note that the tax lien investor, or wholesaler may not have recorded its interest at the time of this offering. (This is done to mitigate risk to the investor/s). Recording can be done immediately prior to conveyance. Properties outside of California will be conveyed with a Quit Claim Deed and the buyer will be given a tracking number if title docs are mailed. (Please note that some of the properties will be conveyed with a judgment, and/or have active quiet title action.) All sales are final. We warmly welcome any questions as to the process and/or conveyance.
- No Warranty. Please be advised that RPP, its Principals, Authorized Agents, personnel, vendors, investors, hedge fund associated entities, and business associates make no representation and extend no warranties of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or non-misappropriation or Third-Party property rights as to the Assets and/or Subject Properties. Be further advised that RPP, its Principals, Authorized Agents, personnel, vendors, and associates make no warranties, express or implied, as to the condition of a[ny] property and/or land; nor are any warranties express or implied made as to title with any Subject Property or Asset.
Properties are procured via tax liens that failed to be redeemed. Some properties may or may not still be within a redemption period. Consequently, some properties may (or may not) require that title be quieted. The tax lien holder may have the right to protect its investment against redemption.
We advise that you confer with local legal counsel. All property real, or movable is offered AS-IS and WHERE-IS without exception.
Any statement of value is only a mere expression of opinion, or an opinion provided via third-party vendor, or data provider, including the RPP Site. The proposed property purchaser should always conduct its own due diligence as to title, property value, and condition.
- Professional Performance. Much of the RPP team are professional investors and have had success investing in real estate; however, because they have been successful does not mean that you will successful. While we wish everyone success, not everyone will have success. Further, PAST
PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS, AND ANY EXPECTED RETURNS OR HYPOTHETICAL PROJECTIONS MAY NOT REFLECT ACTUAL FUTURE PERFORMANCE. ALL INVESTMENTS INVOLVE RISK AND MAY RESULT IN PARTIAL OR TOTAL LOSS. There can be no assurance that an investment opportunity or any projected or actual performance shown on the Site will lead to the expected results shown or perform in any predictable manner. It should not be assumed that investors will experience returns in the future, if any, comparable to those shown or that any or all investors on the Site experienced such returns. - Performance Disclosure. Projected and/or hypothetical performance assumes future returns similar to historic returns, even though you or investment opportunity made available by and through the Site is obligated to pay any distributions in the future, and is intended to show only an expected range of possible investment outcomes based on historical average returns and standard deviation of each investment opportunity presented by RPP, but does not take into consideration the effect of taxes, changing risk profiles, or future investment decisions. Projected and/or hypothetical performance does not represent actual investments and may not reflect the effect of material economic and market factors. Any other assumptions for projected or hypothetical performance shall be otherwise noted as applicable.
You and other actual investors on the Site may experience different results from any hypothetical results shown. There is a potential for loss, as well as gain, that is not reflected in the hypothetical information presented. You should carefully review the additional information presented on the Site as part of due diligence and any hypothetical comparison.
Furthermore, please be aware that: (i) that real estate investments are generally risky and involve substantial money, volatile, and unpredictable; (ii) the real estate industry, the real estate lending industry, and the real estate finance industry in general are subject to significant ebbs and flows and market
shifts; (iii) that any investment opportunity one participates in by and through the Site may not generate sufficient cash flow, returns, and/or repayment monies to return any investment, provide sufficient cash flows, or otherwise satisfied any of your investment goals and/or budgetary requirements; (iv) that the value of any underlying real estate property associated with any investment opportunity that one participates in by and through the Site may decline after such participation, thereby potentially lowering the value of any investment or the likelihood of achieving a return of any investment monies; and (v) the Site may provide access to investment opportunities that purport to be “backed”, “secured by”, or otherwise linked to a real property asset, these items cannot and do not guarantee any return of any investment.
- Right to Non-Discrimination. RPP and its related business do not believe in discrimination in any manner whatsoever. You have the right to
non-discriminatory treatment by us, should you exercise any of your rights. You will always be treated with respect, dignity, and in a professional manner. - Equal Opportunity Housing. RPP and its related business ensure the right to equal opportunity housing. We ensure you the right to be free from discrimination in the sale and/or financing of a Subject Property and/or Asset.
This includes the right to:
- Be free from discrimination based on race, color, religion, sex, disability, familial status, national origin, ancestry, marital status, sexual orientation, source of income, and age;
- Expect equal professional service;
- Have access to a broad range of housing options;
- Be free from harassment or intimidation for exercising fair housing rights; and
- Receive reasonable accommodations if you have a disability.
- General Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or
result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or
other information available on the Services are for informational purposes only and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will
be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any
properties. It is recommended that You seek independent advice, including legal advice, to perform your due diligence and that You use good faith efforts
in determining that the content of all information provided to or obtained by You is accurate.
You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for
updated information as to the various Marketplace properties and/or mortgage notes available, auction or other marketing events, times and locations,
relevant terms, and other matters which may be made available by us or our associated businesses.
Some of the available content, services, and information may include materials that belong to or that are submitted by third parties. You acknowledge that we assume no responsibility for such content, services, or information. You acknowledge that such third-party content, services and information may have additional terms of use that must be agreed to either prior to or upon accessing and that by accessing such content, services and information You agree to all such additional terms of use. The content of other RPP Sites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other RPP Sites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other RPP Sites, services, or goods that may be linked to or from the Services.
Any use of available third-party content, services, and information shall be your own risk and be used for internal valuation or
management purposes usual and customary within the scope of your licensed or regular business activity. In no event shall RPP or any third-party provider of such content, services and/or information be liable to You or any third-party for any losses, costs or damages arising from or relating to the misuse of, or
any errors, omissions, or miscalculations of value contained in, the third-party content, services and information provided. Any of the Services such as
valuation reports, AVMs, pricing or property information shall not constitute an appraisal or broker price opinion of a subject property and shall be based
on public records, market sources or other statistical calculations and is provided on an “as-is, as available” basis with all faults and defects. You are
accessing any valuation reports, pricing or property information for your own individual property valuation or management. You shall not use any of the
Services for reproduction, sale, distribution, publication, advertising or marketing, or any other commercial exploitation. You understand and acknowledge
that You are capable of evaluating the merits and risks of purchasing a property using the Services and are able to bear any such risks. You also
acknowledge that You have consulted with, had the opportunity to consult with, or waive the right to consult with, legal and tax professionals relating to the legal and tax consequences of any documents used in connection with the Services.
You use the Services at your own risk and what you see is what you get. There are many parts of the Services that we do not control or assume
responsibility for. For example, we don’t check the accuracy of content on the Services, so use it at your own risk. In particular, YOU are responsible for
performing your own diligence on properties marketed on the Services and you agree not to rely solely on the information available on the Services in making decisions about these properties.
- Limitations of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS
THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Unless a state law provides otherwise, we are not liable to you for any issues arising out of your use of or inability to use the Services, and
in no case will we be liable for any damages that exceed the amount you paid to access the Services, if any, or $100 whichever is greater.
- Indemnity. You agree to indemnify, defend, and hold us, our subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third-party arising out of or relating to: (i) Your access to or use of the Services; (ii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iii) the content of your Submissions; or (iv) Your breach of the Terms of Use. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by You, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree to defend and hold us harmless against claims and damages caused by your use of the Services or violation of the Terms of Use.
- Privacy Policy. Our use of your information is governed at all times by our Privacy Policy. Our Privacy Policy explains our practices relating to the collection and use of your information in connection with the Services and is incorporated into these Terms of Use by reference. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Policy.
In addition to this agreement, your use of the Services is subject to our Privacy Policy. This document is important, as it governs how we can use
your personal and other information.
- Termination or Stopping Use of the Services. You can stopusing the Services at any time and for any reason; however, you will be
expected to finish the term of your agreement. If extenuating circumstances are relevant, you can request a partial refund. Our policy is that all sales are
final.
Further, without prior notice, we may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate
your access to the Services at any time in our discretion if you violate the Terms of Use. We may also modify, suspend, or discontinue the Services at our
unilateral election to do so.
If you breach or threaten to breach any provision of these Termsof Use, in addition to terminating your right to use the Services, we shall be
entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude us from pursuing any action or other remedy for circumvention of our business relationship and/or breach or threatened breach of these Terms of Use. If we prevail in such action, we shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith.
In order to protect the Services, we reserve the right at any time to block users from certain IP addresses from accessing and using the Services.
We may also request that You stop accessing or permanently destroy certain content or information available through the Services.
You can stop using the Services at any time, and we have the discretion to discontinue or change the Services, as well as to control who can
use the Services. If You violate the Terms of Use, we have the right to seek enforcement of the provisions of the Terms of Use and can also pursue other
actions against you that we deem necessary, at your expense.
- Binding Arbitration Agreement & Class Action Waiver. Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
By using the Services, you irrevocably agree: (a) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with us or relating in any way to your use of the Services or the interpretation, applicability, enforceability or formation of these Terms of Use including, but not limited to, any claim that all or any part of this agreement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively by final and binding arbitration in Orange County, California before one arbitrator; and (c) that the arbitrator will not have the authority to consolidate the Claims of other users of the Services (“Users”) and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of California, Sacramento County. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.
Judgment on any arbitration award may be entered in any court having jurisdiction. In any arbitration arising out of or related to these Terms of Use, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
It is very important that you read and understand this entire section. This section explains that by using the Services, you are agreeing to resolve any dispute related to the Services or these Terms of Use through binding arbitration, and you are giving up your right to resolve disputes in front of a judge or jury. You are also agreeing to arbitrate your claims individually, and not as part of a class action.
- Services Auditing & Monitoring. We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with the Terms of Use and to maintain and improve the provision of the Services. We also may, but are not required to, monitor the content on the Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of the Terms of Use or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your
communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably
necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any content you submit violates the rights of
third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.
We are able at any time to monitor the use of the Services and the content available on the Services. You agree that we may disclose information
obtained through the Services in response to a legal request or as required by law. We can also make decisions to change or remove content, or suspend use of the Services, based on content submitted or available on the Services.
- General Terms. Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.
- Terms of Vacation Gifts. A vacationwill be “gifted” upon completion and full payment of any annual subscription. The Pro Subscription is eligible for a three day cruise upon completion, or graduation of the subscriber’s twelfth payment over the term of one year; the Pro+ Subscription is eligible for a five day domestic vacation upon completion, or graduation of the subscriber’s one year annual subscription payment; and the Master Subscription is eligible for a five day international vacation upon completion, or graduation of the subscribers one year annual subscription.Vacation offer is subject to change without notice. Some vacations may, or may not be all “inclusive” and include food and beverages; however, RPP makes no warranty as to the terms and conditions of the vacation and whether it is all inclusive. We believe whether a destination is inclusive is determined by the destination location and actual resort. RPP is not responsible for travel to the destination and from your vacation destination. Vacations may have additional terms and conditions that RPP is unaware of, and thus RPP makes no warranty express, implied, or otherwise as to additional costs that may be associated with a vacation giveaway. These vacations are based on double occupancy, and thus children may be at an additional cost. Once you have been gifted the vacation, you may be eligible to upgrade, or change the vacation and/or destination but RPP makes no warranty. All travel accommodations are provided by a third-party provider and are in no manner associated with RPP. If you fail to make payment in full for an annual subscription you will not qualify for the vacation giveaway. Only one vacation per account. You assume any and all responsibility for what may occur on your vacation, including and up to loss of life.
- Notices and Electronic Communications. We may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail, telephone or communications though the Services. When you use the Services, you consent to receive communications from us electronically and
through each of the foregoing methods. By engaging in any telephone conversation with our agents or employees, you consent to our recording such
telephone call.
By providing your telephone number or texting JOIN to a number we give you, you are subscribing to receive www.RealPropertyPro.com updates and
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