Terms of Use Policy - Realtracs
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Terms of Use Policy

This Client Agreement (this “Agreement”) is entered into by Realtracs, Inc. (“Realtracs,” “we,” “us,” or “our”) and you as a user (“you,” “your,” or “Client”) of the Realtracs Website (the “Website”) and Realtracs Mobile Application (the “App”). This Agreement applies to all users of the Website and App, including individual consumers and real estate professionals. This Agreement governs your use of the Website and App and all services, software, products, content, features, and functionality provided thereon (all the foregoing being, collectively, the “Services”). You acknowledge and agree that the terms, conditions, guidelines, covenants, and notices set forth below shall govern your access to and use of the Services.

BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING BY BROWSING THE WEBSITE OR APP, REGISTERING FOR THE SERVICES, AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SERVICES, YOU AGREE TO AND ARE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING THE DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, VENUE SELECTION, AND CHOICE OF TENNESSEE LAW INCLUDED HEREIN, AND YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO OUR PRIVACY POLICY.

FURTHER, THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT, WITH SOME LIMITED EXCEPTIONS, YOU AND REALTRACS AGREE TO SUBMIT ANY DISPUTES WE HAVE RELATED TO THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. INDIVIDUAL ARBITRATION MEANS THAT NEITHER PARTY WILL HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AND WE AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.

IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST NOT USE OUR SERVICES. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER, HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THIS AGREEMENT.

If you are an individual using the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. In that case, references to “you” and “your” in this Agreement will refer to both the individual using the Services and to any such Organization.

Certain aspects of the Services may be subject to different or additional terms, rules, guidelines, or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means. All Additional Terms are hereby incorporated by reference into this Agreement. Any reference to the “Agreement” herein includes the Additional Terms. From time to time, Additional Terms may conflict with the terms herein. In the event of such a conflict, the Additional Terms will control. For avoidance of doubt, the Additional Terms include any additional agreements real estate professionals are required to enter in order to access certain paid portions of the Services.

ACKNOWLEDGMENT: YOU ACKNOWLEDGE (A) THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND (B) THAT THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A PHYSICALLY SIGNED AGREEMENT. WE WOULD NOT PROVIDE THE SERVICES WITHOUT THE CONDITIONS IN THIS AGREEMENT. IF YOU USE THE SERVICES AFTER REVIEWING THIS AGREEMENT BUT LATER SEEK TO REPUDIATE THIS AGREEMENT OR ANY ASPECT THEREOF, YOU AGREE THAT SUCH ACTION WOULD CONSTITUTE A BREACH OF THIS AGREEMENT, PROHIBITING YOU FROM ENFORCING ANY ASPECT OF THE AGREEMENT AND ENTITLING US TO DAMAGES RESULTING FROM YOUR BREACH.

  1. ACCOUNTS AND REGISTRATION
    In order to access certain features of the Services, you may be required to sign in by providing your account credentials (e.g., username and password) to link to an existing account you have created with a third-party service provider, such as Google, Facebook, or Apple (your “Account Credentials”). When you engage with or sign in to the Website and/or the App, in addition to your Account Credentials you may be providing your name, email address, phone number, and/or other contact information to Realtracs. You certify that you have provided your own contact information and that the information you have provided is accurate. Upon registration and the submission of such contact information, you consent and give permission to be contacted at such email address, phone number, or other method by Realtracs and its partners, including real estate professionals using the Services.You are solely responsible for protecting and maintaining the secrecy of your Account Credentials. You shall not allow another person to use your Account Credentials to access the Services. You may only use the Services for transactions on your own behalf. Realtracs will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation. You are solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify Realtracs of an unauthorized use of your Account Credentials. Any attempt to obtain unauthorized access, or to exceed authorized access, to the Services shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Realtracs hereby notifies you that any or all communications with the Services may be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Realtracs in its sole discretion and without further notice.
  2. GRANT OF LICENSE; USE OF THE REALTRACS MOBILE APPLICATION
    1. As long as you comply with this Agreement, and subject to the terms of this Agreement, we grant you a non-exclusive, limited, revocable, personal, non-transferable, non-sublicensable, and non-assignable license (i) to access and use the Services and (ii) to download and use the App in object code form, in all cases on a device that you own or are authorized to use and solely for your personal and non-commercial use. Under this license, you may, except as indicated to the contrary on the Services, view, download, and print a hard copy of the Content (defined below), subject to the following conditions:

      1. you must not remove or modify any copyright, Trademark, or other proprietary rights notices included in the Content as presented on the Services;you must not modify or alter the Content in any way, except as expressly permitted in this Agreement, including by presenting any graphics separately from accompanying text.
      You agree to use the Services in compliance with all applicable federal, state, and local laws, rules, and regulations.
    2. To use the App, you must have a compatible mobile device. Realtracs does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for using the App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of the App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that this Agreement will apply to all updated versions of the App. Any third- party open-source software included in the App is subject to the applicable open-source license and may be available directly from the creator under an open-source license. This Agreement does not apply to your use of software obtained from a third-party source under an open-source license.
    3. The Services are intended for users genuinely interested in our Services. Under no circumstances may the Services be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Services in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Services for Litigation Purposes is strictly prohibited, exceeds the parameters of the license set forth in Section 2(a), and, as such, constitutes a breach by you of this Agreement. In such circumstances, Realtracs may elect to terminate this Agreement, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.
  3. SITE CONTENT
    1. The Services and all of its contents, including all text, software, applications, sound, photographs, buttons, images, logos, video, graphics, and Trademarks (defined below) (the “Content”), and the entire selection, coordination, arrangement, and “look and feel” of the Services and the Content, are the exclusive property of Realtracs or our licensors (collectively, “Intellectual Property Rights”). Aside from the limited right to access and use the Services granted in Section 2(a), neither this Agreement nor your use of the Services transfers any right, title, or interest in the Services, Content, or Intellectual Property Rights to you. Realtracs and its third-party licensors retain all of our and their respective right, title, and interest to the Services, Content, and Intellectual Property Rights. Any rights not expressly granted herein are reserved by Realtracs.
    2. Except as expressly provided in this Agreement, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Services, in whole or in part, without the express written permission of Realtracs and/or its licensors. You may not “mirror” or frame any Content or information from the Services on any other server without prior written permission from Realtracs. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Services and you agree not to attempt, or permit any third parties, to do the same. Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You also agree not to permit or to encourage any third party to do any of the same.
    3. The trademarks, service marks, trade names, and logos (collectively, “Trademarks”) used and displayed on the Services are registered and unregistered Trademarks of Realtracs and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are Trademarks and/or trade dress of Realtracs and/or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Realtracs and/or its licensors.
    4. The Services are available worldwide to anyone with Internet access; provided that certain functionality may not be available to you depending on where you are located. The Services may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. The Content of the Services is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. You may not use the Services or export the Content in violation of U.S. export laws or regulations. If you access the Services from a location outside of the U.S., you are responsible for compliance with all local laws and regulations.
    5. Certain materials on or features accessible through the Services may be furnished by third parties. For example, you acknowledge and understand that the listing content provided via the Services (“Listing Content”) is created, entered, and modified by independent agents and brokers who use the Services. Certain service or company designations for companies other than Realtracs may be mentioned on the Services, such as our partners. Third-party Trademarks, trade names, products, or services names contained on the Services are the property of their respective owners.
    6. The Services may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience of the Services and is, therefore, provided in connection with Realtracs’ business activities related to real estate listings. Realtracs is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Services, you agree that Realtracs is not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710, or similar state laws.Further, the Services may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track information about your activity on the Services (collectively, “Cookies”). Cookies may result in information about your activity on the Services being transmitted from your browser to Realtracs and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites. Whether Cookies on the Services result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of Realtracs’ knowledge or control, including what third-party websites you use, what information you have provided to third-party websites, and whether (and the extent to which) you have limited the use of Cookies by the operators of third-party websites.YOU HEREBY ACKNOWLEDGE AND AGREE THAT, IF COOKIES ON THE SERVICES RESULT IN YOUR BROWSER’S TRANSMISSION OF INFORMATION TO THIRD-PARTY WEBSITES, (I) SUCH TRANSMISSIONS DO NOT CONSTITUTE A “KNOWING DISCLOSURE” OF “PERSONALLY IDENTIFIABLE INFORMATION” BY REALTRACS UNDER THE VPPA AND (II) YOU WILL NOT INITIATE ANY LITIGATION OR OTHERWISE ASSERT ANY CLAIM AGAINST REALTRACS BASED, IN WHOLE OR IN PART, ON SUCH TRANSMISSIONS, WHETHER UNDER THE VPPA, THE CALIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE § 630 ET SEQ.), OR ANY OTHER STATUTE, REGULATION, OR CAUSE OF ACTION.
  4. CLIENT CONDUCTBy using the Services, including any Content, you agree that you shall not:

    1. delete, modify, hack, or attempt to permanently change or alter any of the Content on the Services; attempt to gain access to accounts, computer systems, or networks connected to any of our servers that you are not authorized to access, or to the Services that you are not authorized to access through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Services; use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Services or servers or networks connected to the Services, or take any other action that interferes with administration, security, and/or operation of the Services or other parties’ use of the Services; use any robot, spider, or other automatic or manual device or process for the purpose of obtaining, harvesting, or compiling information (including screen or database scraping) from the Services for purposes other than for a generally available search engine; use any of our or our licensors’ or partners’ names, service marks, logos, or trademarks without prior written consent, including as metatags, search engine keywords, or hidden text; remove or modify any copyright or other intellectual property notices that appear in the Services; use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; transmit or upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; manipulate or otherwise display the Services or portions thereof by using framing or similar navigational technology; probe, scan, or test the vulnerability of the Services or any network connected thereto; misrepresent your identity, provide false or misleading information, impersonate another person or entity, misrepresent your affiliation with any entity, or attempt to use another user’s or an administrator’s account; provide, post, or authorize a link to any of the Services 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; breach any contractual or confidentiality obligations or violate the privacy rights of others; use the Services for or in connection with any illegal, unlawful, or immoral conduct or purpose, including without limitation to publish, transmit, or otherwise disseminate pornographic, sexually explicit, or violent content; defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party; or attempt, or permit or encourage any third party, to do any of the above.

    You acknowledge that Realtracs has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law. Further, you agree that Realtracs shall be free to delete, remove, modify, or refuse to post any Client Content (defined below) if we determine that the content violates this Agreement.You agree that Realtracs has the right to (i) disclose your identity or other relevant information about you to any third party who claims that Client Content Posted by you on the Services violates their rights; (ii) take legal action, including referral to law enforcement, with respect to any suspected illegal or unauthorized use of the Services; and (iii) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or information of any user of the Services.YOU HEREBY WAIVE ANY CLAIMS RELATED TO OR RESULTING FROM ANY ACTION OR INACTION OF REALTRACS WITH RESPECT TO (I) MONITORING THE SERVICES; (II) DELETING, REMOVING, MODIFYING, OR REFUSING TO POST ANY CLIENT CONTENT; (III) DETERMINING OR ENFORCING COMPLIANCE WITH THIS AGREEMENT; AND (IV) COOPERATING WITH LAW ENFORCEMENT OR A COURT ORDER CONCERNING ANY MATTER RELATED TO THE SERVICES. YOU FURTHER AGREE THAT REALTRACS SHALL NOT BE LIABLE TO YOU WITH RESPECT TO ANY OTHER USER’S CONDUCT THAT IS PROHIBITED UNDER THIS AGREEMENT.Notwithstanding the use restrictions in this section, nothing in this Agreement shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (iii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about Realtracs, its employees or agents, or its products or services, to the extent that such Reviews are protected under applicable law.
  5. CLIENT CONTENT
    To the extent that you post, upload, input, submit, or otherwise transmit (collectively, “Post” or “Posting”) any text, images, photos, video, data, information and/or other materials, including Listing Content, on, to, or through the Services (collectively, the “Client Content”) you agree to provide true, accurate, and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. All Posting of Client Content is your sole and exclusive responsibility. Realtracs merely provides a forum for the Posting of Client Content. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISK RELATED TO YOUR USE OF OR RELIANCE ON ANY CLIENT CONTENT. REALTRACS SHALL HAVE NO RESPONSIBILITY WITH RESPECT TO THE RESULTS OF ANY ACTIONS OR INACTIONS YOU OR ANY THIRD-PARTY TAKES BASED ON CLIENT CONTENT. UNDER NO CIRCUMSTANCES WILL REALTRACS BE LIABLE IN ANY WAY FOR THE CLIENT CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CLIENT CONTENT POSTED ON THE SERVICES.By Posting Client Content to the Services, you grant, and you represent and warrant that you have the right to grant, to Realtracs an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, and distribute the Client Content and to prepare derivative works of, or incorporate into other works, the Client Content, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees. We will not pay you for your Client Content or to exercise any rights related to your Client Content set forth in the preceding sentence. Furthermore, by Posting any Client Content to any public area of the Services, you grant Realtracs all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Client Content on the Services by any party for any purpose. To the extent we are provided with client contact information by agents who have entered such client contact information into the Realtracs Website and/or the Realtracs Mobile Application, we will only use that information in the course of providing our Services and will not utilize such contact information for any other purpose, unless that client contact information is otherwise provided to us directly by the client.You agree that you will not use the Services to intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law, including the Civil Rights Acts of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act. You further agree that you will not use the Services to Post any Client Content that:
    1. is not related to the subject matter of the applicable portion or aspect of the Services;
    2. is misleading to others, including consumers;
    3. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
    4. is content to which you do not have a right to Post under any law or under contractual relationships;
    5. consists of content that constitutes the infringement of any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
    6. consists of any other materials that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  6. FEEDBACK Realtracs may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about its products, services, and the Services (“Feedback”). Feedback is considered Client Content and, as such, is licensed to Realtracs under the terms of the preceding section and is otherwise subject to all terms of that section. As such, you agree that Realtracs may, in its sole discretion, use the Feedback you provide to Realtracs in any way, including in future modifications of the Services or in other Realtracs products or services, all without any attribution or compensation to you.
  7. LINKED SITES; THIRD-PARTY CONTENT As a convenience to you, the Services may provide links to websites and access to content, products, and services of third parties, including our affiliates and strategic partners, as well as unaffiliated entities (“Linked Sites”). All Linked Sites are provided only because they may be of interest to users of the Services or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of the Linked Site or its content, products, or services.You should refer to the separate terms of use, privacy policies, and other rules posted on a Linked Site before you use them. Realtracs does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on the Linked Sites; (b) third-party content accessible through the Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Sites; or (d) your dealings with any third parties found on or through the Services. You acknowledge and agree that Realtracs shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available at the Linked Sites. You bear all risk associated with the use of the Linked Sites, third-party services, and your correspondence or business dealings with advertisers other than us found on or through the Services.Realtracs does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on the Linked Sites or any other Internet sites. We reserve the right to terminate such links at any time.
  8. CERTAIN THIRD-PARTY SERVICESThe Sites may include functionality that allows for the distribution of your Client Content or your personal information (collectively, your “Client Information”) to third parties not under our control (each, a “Third- Party Provider”). You are responsible for your use and submission of Client Information to any Third-Party Provider, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party (notwithstanding the fact that Third-Party Providers may pay us a fee). By using a tool on the Services that allows for Client Information to be transferred to a Third-Party Provider, you are initiating the transfer of the applicable Client Information or other information to the applicable Third-Party Provider(s) and authorizing Realtracs to facilitate that transfer via the Services. If, while using the Sites, you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive communications from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form.As part of the Services, you may be connected with a real estate professional. You acknowledge that Realtracs itself is not a real estate broker, real estate appraiser, mortgage broker, or mortgage lender. You further agree that Realtracs does not aid or assist borrowers in obtaining loans secured by liens on real property, does not itself make such loans, and does not solicit borrowers or lenders for the purpose of negotiating such loans. As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services. In providing the Services, Realtracs may provide advertising services and services to facilitate the connection between you and a real estate or mortgage professional and we may receive a financial or other benefit arising out of such marketing services (including, for example, per ad click fee).If you choose to contact a non-affiliated bank, mortgage lender, financial institution, mortgage loan originator, loan broker, or other mortgage professional through the Services by filling out a contact or other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for mortgage rate quotes) on the Services, you authorize Realtracs to provide the information you submit to the Third-Party Provider. If you include your name, contact information, and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. In the case of non- affiliated financial products, Realtracs is only providing an administrative service to consumers and participating Third-Party Providers. Loan approval standards are established and maintained solely by individual Third-Party Providers. Decisions in any related non-affiliated transactions are made by participating Third-Party Providers and are not made by Realtracs, and Realtracs is not responsible for the underwriting activities or credit decisions of any Third-Party Provider. Any non-binding quotes provided by Realtracs for Third-Party Providers’ financial products are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act or the Truth in Lending Act or otherwise serve as a disclosure of any specific loan terms or conditions under any state or federal law. Interest rates displayed through the Services are for informational purposes only and reflect non-binding quotes of the terms a Third-Party Provider might offer an applicant fitting a consumer’s anonymous profile. Actual interest rates may vary. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suits their needs and financial means and should consult professionals as needed in such evaluations. Except as set forth in this Agreement or as otherwise disclosed to you, Realtracs: (a) is not a Third-Party Provider, loan originator, loan processor, or underwriter; (b) does not aid or assist applicants in obtaining loans, solicit applicants or Third-Party Providers for loans, or offer or negotiate terms of applications or loans; (c) does not take mortgage applications, make loans or credit decisions, or prequalify or preapprove applicants for loans; (d) is not an agent of either any consumer or any Third-Party Provider; (e) does not endorse, refer, or recommend any Third-Party Provider that pays Realtracs or the products of any Third-Party Provider that pays Realtracs; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.If you choose to submit your information in order to submit a background or credit check, you acknowledge and agree that Realtracs does not process or store background or credit check information related to any rental products on the Services, and we do not control how a landlord uses background or credit check information in evaluating their applications. Realtracs does not guarantee any acceptance by a landlord of an application, but we do require all landlords using the Services to comply with the Fair Housing Act and other applicable laws.
  9. NOTICE TO APPLE USERS If you are using the App on an iOS device, the terms of this Section 10 apply. You acknowledge that this Agreement is between you and Realtracs only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or other similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of Section 9 of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 9 of this Agreement against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  10. MODIFICATION AND/OR TERMINATION OF THIS AGREEMENT; DEACTIVATIONRealtracs may change, modify, add, and/or delete all or portions of this Agreement from time to time by posting an updated Agreement on the Services, which shall apply to your use of the Services after such modifications have been posted. For material changes, we will seek to supplement such notice by email, a pop-up message on the Services, another other prominent notice on the Services, or by other reasonable means. Your use of the Services following any changes to this Agreement will constitute your acceptance of this Agreement as modified. Please review this Agreement periodically for any updates or changes. If you object to any provision of this Agreement or any subsequent modifications to this Agreement, your only recourse is to immediately terminate use of the Services.This Agreement will continue to apply until terminated by either you or Realtracs. Realtracs reserves the right, at any time, to terminate this Agreement, or to modify or terminate your access to the Services or portions of the Services, at any time, temporarily or permanently, with or without notice to you, if (a) we believe that you have violated, or anticipate that you will violate, this Agreement, (b) we stop providing the Services or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate this Agreement by deactivating your account (if any) and providing notice to us by email at TOU@realtracs.com. If you or we terminate this Agreement, or if we suspend or terminate your access to the Services, you agree that (a) your right to access and use the Services ceases immediately, (b) we shall have no liability to you in connection with such suspension or termination, and (c) except as expressly provided otherwise by Realtracs, we will not refund any amounts that you have already paid to us.The following provisions shall survive the termination of this Agreement: Section 2(c), 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, and any other provisions of this Agreement that, either explicitly or by their nature, must remain in effect even after termination of this Agreement.We also may impose limits on certain features and services, restrict your access to parts or the entirety of the Services, or charge fees for access to portions of the Services without notice or liability. We are not obligated to support or update the Services. More generally, we reserve the right to change, restrict access to, suspend, or discontinue the Services, or any portion of the Services, at any time and without notice to you. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate the Services.If you have created an account with Realtracs, you may deactivate your account and/or delete your account and all of your account data by following the instructions available at our page “Unlinking Your Account From Realtracs.” You can also contact us for assistance at TOU@Realtracs.com.
  11. YOUR PRIVACY Realtracs will treat any information it collects or receives from you through the Services in accordance with its online Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. Please review the Privacy Policy before you use the Services. By using, accessing, and/or registering for the Realtracs Website or the Realtracs Mobile Application, you expressly represent that you consent to all actions taken by Realtracs with respect to your information in compliance with the Privacy Policy. For example, by using the Services you consent to receiving electronic and SMS text message communications from Realtracs as further described in the Privacy Policy.You understand and agree that (a) Realtracs is justifiably relying on your representation of consent to our Privacy Policy in granting you access to the Services and (b) if you later take legal action inconsistent with this representation, such action will constitute evidence that your representation was false. In that case, Realtracs may elect to terminate this Agreement, without prejudice to our ability to seek damages resulting from your breach. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Services.
  12. CONSENT TO COMMUNICATIONS By submitting a “Contact Us” form or communicating with a real estate professional via the Services, you agree that Realtracs and our affiliates and real estate professionals may communicate with you via telephone call or SMS text message about your inquiry, which may involve use of automated means and prerecorded/artificial voices, even if your mobile number is registered on a state or federal do-not-call list. You do not need to submit a form or communicate with a real estate professional as a condition of buying any property, goods, or otherwise using the Services. Message/data rates may apply.The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Realtracs or third parties, such as real estate agents and Third-Party Providers. Realtracs does not endorse any real estate professional. We may share information about your recent and future site activity with your agent to help them understand what you are looking for in a home. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance, training, or customer service purposes. 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 Realtracs or the Communications Service. We also use the Communications Service to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, we 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 consent to these practices by us and the Communications Service. All such information is subject to the Privacy Policy.
  13. SMS PROGRAM By consenting to Realtracs’ SMS program (the “SMS Program”) on the Services or via other subscription tools we provide, you are agreeing to receive recurring text messages regarding marketing offers, transactional matters (including related to your orders and Account), and any other matters related to the Services. Message frequency varies. Consent to the SMS Program is not a condition of any purchase from us.If you wish to stop from receiving text messages from Realtracs, reply with STOP to any text message sent from us or use the unsubscribe link provided to you within our commercial email messages. You understand and agree that alternate methods of opting out, such as using different words or requests, will not be considered a reasonable means of opting out and may not be honored. We do not charge for the SMS Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP in response to any of our messages or reach out to us at the contact information provided in this Agreement.We have the right to modify any telephone number or short code we use to operate the SMS Program at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Program, any errors in such information, and/or YOUR reliance on the information or SMS Program.
  14. COPYRIGHT INFRINGEMENT Realtracs and the Services follow the safe harbor provisions of 17 USC § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). If you believe that information or content on the Services infringes on your copyright, please visit our DMCA Policy for further instructions.
  15. TYPOGRAPHICAL ERRORS Our goal is to provide complete, accurate, and up-to-date information on the Services. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Services may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Realtracs therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
  16. DISCLAIMER YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REALTRACS IS PROVIDING THE SERVICES AND ALL CONTENT ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SERVICES. REALTRACS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND SECURITY, OR ANY WARRANTIES CONCERNING THE COMPLETENESS OR ACCURACY (INCLUDING TYPOGRAPHICAL ERRORS AND OMISSIONS) OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICES OR OTHERWISE FROM REALTRACS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. IN ADDITION, REALTRACS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. REALTRACS DOES NOT WARRANT THAT THE SERVICES WILL BE OPERATIONAL, UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS- FREE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SERVICES AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SERVICES.NO EMPLOYEE, AGENT, REPRESENTATIVE, OR AFFILIATE OF REALTRACS HAS AUTHORITY TO BIND REALTRACS TO ANY ORAL REPRESENTATIONS OR WARRANTY CONCERNING THE SERVICES. ANY WRITTEN REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED IN THIS AGREEMENT WILL NOT BE ENFORCEABLE.YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. REALTRACS DOES NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. FOR CLARIFICATION, NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY WARRANTIES THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. YOU AGREE, HOWEVER, THAT THE TERMS OF THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  17. LIMITATION OF LIABILITY IN NO EVENT WILL REALTRACS, ITS OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS (THE “RELEASED PARTIES”) BE LIABLE FOR THE FOLLOWING DAMAGES (IF ANY) ARISING IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES: (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, STATUTORY, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (II) LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS, IN ALL CASES WHETHER DIRECT OR INDIRECT; (III) DAMAGES, INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE, ARISING FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES; (IV) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE SERVICES OR THEIR CLIENT CONTENT; (V) OR DAMAGES RELATING TO THE DELAY, FAILURE, INTERRUPTION, DISCLOSURE, OR CORRUPTION OF ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE SERVICES.THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES, OR OTHERWISE UNDER THIS AGREEMENT, INCLUDING RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICES; MISTAKES, OMISSIONS, DELETIONS, OR DELAYS IN TRANSMISSION OF SUCH INFORMATION; INTERRUPTIONS IN DATA CONNECTIONS TO THE SERVICES; AND VIRUSES OR FAILURES OF PERFORMANCE; IN ALL CASES WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, DATA CONNECTION FAILURE, OR THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO SERVICES AND RELATED INFORMATION, RECORDS, AND PROGRAMS, AND WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO: THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT THAT YOU HAVE PAID TO REALTRACS FOR YOUR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CLAIM RELATED TO THE DISPUTE (DEFINED BELOW) AROSE.SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. FOR CLARIFICATION, NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. YOU AGREE, HOWEVER, THAT THE TERMS OF THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  18. INDEMNITY You agree to indemnify, hold harmless and, at our sole election, defend the Released Parties from any claim, demand, liability, dispute, damage, cost, expense, or loss, (including reasonable attorneys’ fees and fees of other professionals) and costs of litigation, arising out of or in any way related to your Client Content, your violation of this Agreement, or your violation of any rights of a third party.We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.
  19. DISPUTE RESOLUTION If there is any controversy, claim, action, or dispute between you and Realtracs arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), you and Realtracs agree to resolve the Dispute through the dispute resolution procedures set forth in this Section, even if the Dispute arose prior to the Effective Date of this Agreement.
    1. Informal Dispute Resolution.You and Realtracs agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Realtracs. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.Dispute Notices shall be sent to:

      To Realtracs: You must send notice (1) by electronic mail to TOU@realtracs.com and (2) by first-class or certified mail to 301 Seven Springs Way, Suite 100, Brentwood, TN 37027

      To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

      You and Realtracs will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Realtracs (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Realtracs will participate in the Conference through one or more representatives, which may include our counsel.Both you and Realtracs agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.
    2. INDIVIDUAL ARBITRATION. IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND REALTRACS AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND WE EACH HEREBY WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE OUR CLAIMS, AND THAT NEITHER YOU NOR REALTRACS IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this Agreement), before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if (and only if) it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.The arbitrator, and not any court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. For the avoidance of doubt, you and Realtracs agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 19 or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction.
    3. Mass Arbitration.This Section 19(c) applies only to Mass Arbitrations (defined below) and supersedes any provision to the contrary in this Agreement.If you or Realtracs files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the other party (i.e., against you or Realtracs, as applicable) by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”). The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures.You and Realtracs agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 19 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
    4. Exceptions. Notwithstanding any other provision of this Agreement, you or Realtracs may (a) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (b) file an individual claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of this Agreement. You and Realtracs agree that any claims referenced in the preceding sentence must be brought and maintained on an individual basis.In addition, nothing in this Agreement prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
  20. CHOICE OF LAW & FORUM This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Tennessee without regard to its choice-of-law provisions that would cause the application of the laws of any other jurisdiction. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to arbitration pursuant to this Agreement, including those referenced in Section 19(d), shall be resolved by a court located in Tennessee and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such Dispute.
  21. GENERAL If any provision in this Agreement is found to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.Our failure to act with respect to a breach of this Agreement by any visitor using the Services does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Realtracs may assign its rights and duties under this Agreement without notice to you. You may not assign this Agreement, in whole or in part, without our prior written consent, and any assignment in contravention of the foregoing shall be null and void.This Agreement, as posted from time to time on the Services, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in this Agreement and supersede all prior understandings and agreements, whether written or oral, as to the subject matter.In this Agreement, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation.” Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of this Agreement. Any limited or specific disclaimers or limitations of liability found in this Agreement shall not limit the effect, force, or breadth of any other disclaimers or limitations of liability herein. When this Agreement refer to a decision or action that will or may be made or taken by Realtracs, such decision or action shall be made, taken, or refrained from in our sole discretion and judgment.This Agreement not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Realtracs.You agree that a printed version of this Agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  22. CONTACT INFORMATION If you have any questions about this Agreement, the practices of Realtracs, or your dealings with the Services, please contact us at TOU@Realtracs.com. You may also contact us to update your personal information by notifying us when you change your name or email address.