Last Revised: July 3, 2018
- Use of Service and Acceptance of Terms
These Terms of and Conditions govern the access and use by potential renters (“Renters“), real estate agents (“Agents“) and visitors (together, “Users“) of RealStash’s (the “Company”) primary website at: http://realstash.com/, platforms and/or mobile applications (the “Site“, “Platform” and “App“, respectively), any information, text, graphics, or other materials appearing therein (“Content“), and any services provided through the Site, Platform and/or App including, without limitation, advertising and generating traffic for the rental properties (“Listings“) provided by Agents, a CRM platform organizing leads, managing appointments among potential Renters and Agents, and allowing them to communicate in real time through an IM system, all as specified in the Site (together, the “Services”). Placement of Listings shall be made at the sole discretion of the Company.
The Services are available only to individuals who: (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization.
Your access to and use of the Services are expressly conditioned on your compliance with these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and its authorized users and representing that you have the authority to bind that organization to these Terms. You are responsible for safeguarding the password that you use to access any secure areas of the Site.
You hereby grant the Company and its partners a worldwide, nonexclusive, royalty free right to use, display, modify, reproduce and distribute the Listings on the Site. You are, and shall, remain solely responsible for the Listings you provide.
The Services may include the sending of push-notifications, messages, emails, alerts via various means of communication. You can deactivate certain push-notifications at any time by changing the notification settings on your device.
REALSTASH DOES NOT OWN, SELL, CONTROL, MANAGE, OPERATE, ENDORSE, SPONSOR AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH THE VARIOUS SERVICES PROVIDED BY THIRD PARTY SERVICE PROVIDERS THROUGH THE USE OF OUR SERVICE AND/OR SITE AND/OR PLATFORM AND/OR APP. REALSTASH WILL NOT ASSUME ANY RESPONSIBILITY FOR SUCH SERVICES AND FOR WHATEVER DAMAGES THAT MAY RESULT FROM USING SUCH SERVICES.
- Registration and User Account
Your Account is password protected. In order to protect the security of your personal information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of your password and Account and for all activities that occur under your Account. If we believe, in good faith, that you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of RealStash, its Users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account and your User Generated Content. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF THE FEATURES OR CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Until October 7th, 2019 (“Trial Period“), all Services shall be provided free of charge. Following the Trial Period, Agents shall pay the Company for the following Services certain fees (the “Fees“), as follows:
- Listings Advertising – Agents shall pay the Company for each Listing advertisement they chooses to publish on the Site, according to the Fees listed on the relevant page on our Site, as may be amended by the Company from time to time;
- Premium Services – the Company may provide Agents with premium services as determined by the Company from time to time. The fee for premium services shall be paid by Agents on a monthly basis or as otherwise agreed between the parties;
- Third Party Services – the Company may provide, as part of its Services, third party software or apps for additional fees, as determined by the Company from time to time.
It is hereby clarified, that the Company may, at its sole discretion, add or remove services or amend the cost of its services from time to time.
- Company Property
All right, title, and interest in and to the Site, App, Platform Content, Services, are and will remain the exclusive property of Company and/or its licensors. Company is not responsible or liable for any content published by third parties, including all Listings. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, App, Platform, Content, or Services, including without limitation, any Listings, any functionality, user interface or any element thereof, and any screens, buttons, menus etc. You may not use the Site, App, Platform, Content, or Services on or in connection with any other service, for any purpose. The Company has all right, title, and interest in and to any improvement or enhancement in the Site, Content, and Services derived from or related to your use of the Services.
RealStash’s marks and logos and all other proprietary identifiers used by the Company in connection with the Site, App and/or Platform (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site, App and/or Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
To the extent you provide any feedbacks, comments or suggestions to RealStash (“Feedback”), RealStash shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of RealStash current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require RealStash to comply with any additional obligations with respect to any RealStash current or future products, technologies or services that incorporate any Feedback.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE, PLATFORM AND/OR APP (OTHER THAN THE USER GENERATED CONTENT USERS UPLOAD) ARE RESERVED TO REALSTASH OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE, APP, PLATFORM AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. REALSTASH WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, APP, PLATFORM AND/OR THE SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE, APP, PLATFORM AND/OR SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
REALSTASH IS NOT THE OWNER OF ANY OF THE PROPERTIES LISTED THROUGH THE SITE, APP AND/OR PLATFORM AND HAS NO CONTROL OVER SUCH PROPERTIES. IT IS HEREBY CLARIFIED THAT REALSTASH IS NOT A PARTY TO ANY AGREEMENT EXECUTED AMONG ITS USERS, WITH RESPECT TO THE LISTED PROPERTIES AND THAT IT DISCLAIMS ALL LIABILITY IN CONNECTION THERETO. WE DO NOT ENDORSE ANY USER OF OUR SERVICES, AND REALSTASH CAN NOT MAKE ANY REPRESENTATION WITH RESPECT TO THEIR IDENTITY AND WHETHER SUCH USER IS TRUSTWORTHY.
YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE WITH WHOM YOU INTERACT AS A RESULT OF YOUR USE OF THE SERVICE (INCLUDING THIRD PARTY SERVICE PROVIDERS) PARTICULARLY IF YOU CHOOSE TO MEET THEM IN PERSON. YOU ARE SOLELY RESPONSIBLE FOR SUCH COMMUNICATIONS.
- General Prohibitions
You agree to use the Site, App, Platform, Content or Services for your internal business or personal use only. You agree not to do any of the following while using the Site, Content or Services:
- Post, publish or transmit or store any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use non-public areas of the Site or Company’s computer systems;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication mechanisms;
- Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Company or other generally available third-party web browsers;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;
- Sell, lease, lend, transfer or rent the Site, Content, or Services, use the Site, Content, or Services to provide service bureau, time sharing, rental, application services provider or other services to third parties, or otherwise make the functionality of the Site, Content, or Services available to third parties;
- Copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site, Content, or Services in any form or media or by any means;
- Interfere with, or attempt to interfere with, the regular operation or availability of the Site, the access of any user, host or network, including, without limitation, sending a virus, Trojan horses, overloading, flooding, spamming, or mail-bombing the Site; or
- Impersonate or misrepresent your affiliation with any person or entity.
Company may suspend or terminate Users’ use of the Services for any violation of these Terms and/or remove any content uploaded by User. You acknowledge that Company has no obligation to monitor your access to or use of the Site, App, Platform, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- User Generated Content
The Services includes functionalities such as private chats, enabling Users to share and upload, post, publish or make available their own copyrightable materials such as drawings, designs, animations, literary works, texts, images, photos, videos and any other proprietary materials (collectively, the “User Generated Content”). For the avoidance of doubt, all Listings on the Site and/or App and/or Platform and other Users’ information and/or materials included therein shall be considered as a User Generated Content.
The following terms apply to your User Generated Content:
- You represent and warrant that (1) you are the rightful owner of the User Generated Content or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Generated Content and (2) that such User Generated Content does not infringe any third party’s intellectual property rights, privacy rights or publicity rights.
- THE USER GENERATED CONTENT THAT YOU UPLOAD IS PUBLICLY AVAILABLE TO OTHER USERS; AND, THEREFORE, IS DEEMED NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY PRIVACY RIGHTS AND PUBLICITY RIGHTS (AS APPLICABLE) WITH RESPECT THERETO.
- You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content. RealStash will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
- You expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.
- You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in any country in which you are resident, or content which would be unlawful for RealStash to use or possess in connection with the Site (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
- Although RealStash has no obligation to screen, edit or monitor any of the User Generated Content, RealStash explicitly reserves the right, at its sole discretion, to remove, edit, or disable the access of, any User Generated Content available on the Site, App and/or Platform at any time without giving any prior notice and for any reason, and you are solely responsible for creating backup copies of your User Generated Content at your sole expense.
- RealStash takes no responsibility and assumes no liability for any User Generated Content uploaded, posted, published or made available by you or any third party in the Site, App and/or Platform or for any loss or damage thereto, nor is RealStash liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.
- RealStash may create limits on the use of the Site, App and/or Platform including limitation on size and storage space available for Users to upload User Generated Content.
- As a viewer of the User Generated Content, you agree that if you find that any User Generated Content available on the Site, App and/or Pl is offensive, harmful, inaccurate, misleading or was posted in violation of these Terms, please stop viewing such User Generated Content and promptly contact our Misconduct Agent or our Copyright Agent, as applicable (for more information see below).
- As long as your User Generated Content is subject to any applicable copyright law, it shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your User Generated Content. When you upload, post, publish or make available any User Generated Content on the Site, App and/or Platform you grant us a perpetual, non-exclusive, royalty-free, and worldwide license to publically display, communicate, distribute, host, publically perform, publish, reproduce, make modifications or derivative works (solely for the purpose of better showcasing your User Generated Content), store and use such User Generated Content, in connection with the Services, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving RealStash and for any other legitimate business purposes. You hereby waive any moral rights, attribution rights and publicity rights (if any) with respect to our use of the User Generated Content in accordance with these Terms.
- When you upload, post, publish or make available any User Generated Content, you grant to each User of the Services a non-exclusive, non-commercial and royalty-free license to access and view your User Generated Content in connection with the Services. Please note that RealStash cannot monitor or control what other Users do with your User Generated Content.
- If you create Listings, you represent that: (1) all properties identified in the Listings have a valid address; (2) all of the properties in your Listings are owned by you or if you are acting on behalf of the owners of such properties, that you have permission to offer them for rent and create Listings; (3) when a User requests a meeting for a certain Listing, you may not contact him with respect to another Listing of yours without his prior consent; and (4) the renting of any of your Listings by any User will not constitute a breach of any agreements you are bound by, and will comply with all applicable laws, regulations and requirements that apply to the Listings.
REALSTASH TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOADED, POSTED, PUBLISHED AND/OR MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SERVICES, FOR ANY LOSS OR DAMAGE THERETO OR FOR ANY LOSS OR DAMAGE IT MAY CAUSE THIRD PARTIES, NOR IS REALSTASH LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER WITH RESPECT TO THE USER GENERATED CONTENT.
THE CONTENT CONTAINED IN ANY LISTINGS, AND THE CONDITION AND THE QUALITY OF THE PROPERTIES INDICATED BY SUCH LISTINGS ARE NOT UNDER THE CONTROL OF REALSTASH. REALSTASH ASSUMES NO RESPONSIBILITY FOR SUCH CLAIMS RELATED THERETO, AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY OF THE LISTINGS.
- Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at the e-mail address which appears in the Site.
RealStash respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to RealStash’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. RealStash’s Copyright Agent can be reached at the e-mail address at: [email@example.com].
- Special provisions relating to Third Party Components
The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and RealStash disclaims all liability related thereto. You acknowledge that RealStash is not the author, owner or licensor of any Third Party Components, and that RealStash makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
Google Maps API.
- Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
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 has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Company reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. Company also reserves the right to cease providing or to change the Site, App, Platform, Content, or Services at any time and without notice. Each party has a right to suspend and resume the Services at any time. In case of termination or suspension, Agent shall remain liable for any Fees and Listings posted by him/her prior to the termination or suspension. The Company shall retain a worldwide, perpetual, royalty free non-exclusive license to use and store the Listings for archival and analytics purposes. Sections 2, 3, 4, 8, 9, 10, 11 and 12 shall survive the termination or expiration of the engagement.
Each party shall keep in confidence all non-public information of the other party, including the Fees, and shall use it only in connection with the Services.
- Warranty Disclaimer
THE SITE, APP, PLATFORM, CONTENT, AND SERVICES ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT THE LISTINGS, SITE, APP, PLATFORM, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, APP, PLATFORM, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, APP, PLATFORM, CONTENT OR SERVICES.
You agree to defend, indemnify, and hold harmless Company, its affiliates, officers, directors, employees, stockholders and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, App, Platform, content, or Services, or your violation of these Terms.
- Limitation of Liability
COMPANY PROVIDES A PLATFORM FOR THE USE OF ITS USERS, AND IS NOT RESPONSIBLE IN ANY WAY AND DISCLIAMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT OF THE LISTINGS, AND DOES NOT ENDORSE OR RECOMMEND ANY LISTINGS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APP, PLATFORM, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR OR ANY THIRD-PARTY ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE LISTINGS, THE SITE, APP, PLATFORM, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY RESERVES THE RIGHT TO INFORM LAW ENFORCEMENT AUTHORITIES OF ANY UNLAWFUL USE OF THE SITE OR SERVICE, INCLUDING REPORTING THE IDENTITY OF THE USERS INVOLVED WITH SUCH ACTIVITY.
YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, APP, PLATFORM, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO COMPANY DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT(S) THAT GAVE RISE TO SUCH LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
- Amendments to the Terms
The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
RealStash reserves the right to modify, correct, amend, enhance, improve, make any other changes to the App, Site and/or Platform (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the App, Site and/or Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that RealStash shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App, Site and/or Platform or the Content included therein. You hereby agree that the RealStash is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If RealStash supplies to you any updates, upgrades and any new versions of the App (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates.
- Export Control Laws
The App may be subject to export control laws of the U.S. and/or may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect. The failure of Company to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. These Terms and Conditions and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes shall be brought in the courts located in New York City. The Company, Renters and Agents are independent contractors. These Terms and Conditions are the entire and exclusive agreement between Company and you and supersede and replace any prior agreements between Company and you.
- For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: [firstname.lastname@example.org].