RealtyAuction.com Terms of Service

By accessing the RealtyAuction.com website (herein referred to as the “Service”) provided by Jason Everbach (TN Real Estate License #306031) who is doing business as RealtyAuction.com (herein referred to as the “Company”) and is an agent with Realty Executives Associates (a Licensed Real Estate Brokerage - TN Real Estate License #254861) or submitting your contact information (herein referred to as "Contact Info"), you (herein referred to as the “User”) are agreeing to be bound by the following terms and conditions (herein referred to as the “Terms of Service”).

Violation of any of the terms listed below may result in immediate termination of User account without refund and may subject User to legal and financial liability.

Terms of Service - General Terms and Conditions

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1. User agrees not to copy, duplicate, reproduce, sell, or resell Company content accessible via the Service without the express written permission of Company.
2. User agrees not to give unauthorized third parties access to their RealtyAuction.com user account.
3. User agrees not to scrape Company content.
4. User agrees not to take any action to exceed their assigned access level as it relates to any part of the Service.
5. User agrees not to modify, hack, or reproduce any part of the Service in an effort to falsely imply that such modification/reproduction is associated with the actual Service, Company, or its affiliates.
6. Company reserves the right to access administrative areas associated with your Service at any time for the purposes of general maintenance, administrative work, marketing, data analysis, trouble-shooting, upgrades, downgrades and/or any other reason.
7. Technical support is available via email for all paying customers.
8. Use of the Service is at your own risk. The Service is available on an ‘as is’ and ‘as available’ basis. Company disclaims all terms, conditions, representations, guarantees, and warranties (express, implied, statutory and otherwise), in respect to the Service including those of merchantability, title, non-infringement, quality and fitness for any particular use.
9. Any verbal abuse, physical abuse, threats of retaliation, libelous or slanderous statements directed towards Company or person(s) associated with Company will not be tolerated and will result in immediate termination of User account without refund. Company reserves the right to pursue legal action against any User who makes slanderous or libelous statements about Company, Courses, persons associated with Company, or other services provided by Company.
10. Company reserves the right, at its sole discretion, to remove any content deemed offensive, unlawful, obscene, threatening, libelous, defamatory, pornographic or otherwise. This includes content that violates other sections of this Terms of Service or anything else that is questionable or violates any party’s intellectual property rights.
11. User agrees to relieve Company and any other Third Party Partners, code providers, or data providers from any legal liability arising from problems associated with Service or User account.
12. User acknowledges that eCommerce code and payment gateways (such as Stripe) is not maintained by company. In the event of a problem with eCommerce functionality or payment gateways, Company will notify the party responsible for the functionality in question and will work to resolve any problems as quickly as possible.
13. User acknowledges that the processing and transmission of data in connection with the Service and any User generated content may take place unencrypted and over various third-party networks.
14. While every effort has been made to safeguard and backup User data, User agrees not to hold Company liable for any loss or breach of data associated with User account.
15. User will not attempt to gain access to administrative areas, features, or other User accounts for which User is not specifically authorized to access.
16. In the event of a dispute that cannot be settled between User and Company, User agrees to settle dispute by way of arbitration and hereby relinquishes the right to sue or file a lawsuit against Company or participate in a class-action lawsuit against Company. Arbitration shall take place in Blount County Tennessee, by an arbitrator located in Blount County Tennessee.
17. Company does not warrant that (a.) the Service will meet your specific needs, (b.) that information we provide will be entirely accurate or error-free, (c.) that the Service will be error-free, uninterrupted, timely or entirely secure, (d.) that the Service, auctioneers recommended by Company, auction companies recommended by Company, or Company-provided content will meet your individual expectations, (.e) that you will make money or have any specific results by using the Service or (f.) that suggested improvements, upgrades or error-fixes to the Service will be implemented.
18. User understands and agrees that Company will not he held liable for any direct, indirect, special, incidental, consequential or exemplary damages that arise from use of Service (regardless of whether company has been advised of the potential of such damages). Such damages include but are not limited to: loss of income, profits, equity, home equity, property equity, goodwill, consumer sentiment, data or any other tangible or intangible losses. This includes losses that are a result of (a.) use of Service, or inability to use/access Service, (b.) the actions of any third-party, (c.) the actions/availability of features that rely on a 3rd party or Company vendor, (d.) the costs of procuring substitute products or services as a result of an interruption in Service, (e.) unauthorized access, modification or deletion of Service or personal data, (f.) the actions and statements made by any third party accessing the Service, and (g.) any other matter(s) relating to the Service.
19. In the event that Company becomes liable to User despite the above limitations, Company liability will be limited to the total amount User paid for the use of Service in the three months prior to the event that caused the liability. At no time will company liability include costs paid by User to cover User legal fees, attorney fees, or fees paid to Company consultative services.
20. User must not use the Service for any illegal, unethical or unauthorized purposes. User must not use the Service to violate any federal, state, or local laws.
21. User assumes full legal responsibility for all messages and communications initiated through use of Service, including phone, email, internal messaging, Facebook messages, Facebook Messenger messages, SMS text messages, or any other messages sent or received via 3rd party communications providers or in association with Service. By signing up and using the Service, User acknowledges their awareness and familiarity with laws concerning email communication, phone communication, SMS (texting) communication, and spam. User agrees not to send spam or transmit unsolicited messages from Service.  User also agrees not to modify emails that could be constituted as spam in such a way that would make it look like they originated from the Service, even though they did not. Company reserves the right to immediately discontinue Service access without providing a refund for any User who violates this clause or is accused/suspected of sending spam via email, phone, internal messages, or SMS communications.
22. User will not upload any viruses, malicious code, or tracking software to Service, nor will User send malicious code from Service or induce others to download, transmit or click on links that are associated with malicious code. Any violation of this clause will result in immediate termination of User Service without a refund and may result in legal action against User.
23. User must be a real person. User must not be a ‘bot’ or computer program, nor can User grant an unauthorized ‘bot’ or unauthorized person access to Service or User administrative areas.
24. You are responsible and assume complete legal liability and financial responsibility for all content posted by you regardless of where the communication is posted or originated. This includes content posted by User, User representatives, and Company.
25. Failure of Company to exercise or enforce any right or provision contained in this Terms of Service does not constitute a waiver or such rights or provisions. The Terms of Service, in conjunction with the Privacy Policy, constitutes the entire agreement between User and Company and governs your use of Service, Membership, and Courses.
26. By accessing the Service you also agree to the terms contained in the Privacy Policy.
27. Company reserves the right to advertise and/or display any content associated with Service and User's account at any time. This includes featuring an image or link to content associated with User's account via our website or any other media format selected by Company.
28. User does not own the Service content, code, or anything at all associated with Service.  All content is owned exclusively by Company.  User access is exclusively for the use of Service for the time-period that User's account is in good standing and no transfer of ownership for these services ever takes place.
29. Login information (usernames, passwords, and login URL’s) associated with the administrative areas of User account will be limited to User. This includes access to any other administrative areas User may have access to in association with the Service or referral program.
30. User grants Company, its parent company DCTS Corp., Third-Party Partners, and affiliate companies the right to contact User via email, telephone, mail, SMS, Facebook, Facebook Messenger, and any other medium about the Service, or other products and services that Company thinks may be of interest to User, regardless of whether User is registered with any national, state or local do-not-call or do-not-mail lists.
31. If any item in this Terms of Use conflicts with another (or any other Company document, policy or agreement), Company will have sole discretion to interpret said conflict and decide which of the conflicting items will prevail.
32. If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of Company.  No delay or failure by Company in exercising any right under this Terms of Service, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Terms of Use will not be deemed a waiver of future enforcement of that or any other right.
33. By using the Service, User agrees to the terms contained in the RealtyAuction.com Privacy Policy.

Terms of Service - Digital Millennium Copyright Act ("DMCA") Policy

Company respects the intellectual property rights of others. Per the DMCA, Company will respond expeditiously to claims of copyright infringement on the Service if submitted to Company's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that your intellectual property rights have been violated by Company or by a third party who has uploaded materials to our website/Service, please provide the following information to the designated Copyright Agent listed below:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site/Service;
3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Company, can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
6. Your electronic or physical signature.

Company may request additional information before removing any allegedly infringing material. In the event Company removes the allegedly infringing materials, Company will immediately notify the person responsible for posting such materials that Company removed or disabled access to the materials. Company may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). Company designated Copyright Agent is:

Copyright Manager
[Contact Phone Number]
[email protected]

Terms of Service - Referral Fees and Payment

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1. When an auctioneer, auction company, licensed real estate agent, or licensed real estate company accepts a Buyer or Seller Referral they become a Receiving Agent.
2. Receiving Agent agrees to pay Jason Everbach of Realty Executives Associates within fourteen (14) calendar days after the closing of a transaction a referral fee of 25% of the gross referred side commission calculated on a minimum of 2.5% of the gross sale price prior to any allocation of a payment to another party, including but not limited to any split between the Receiving Agent and the Receiving Agent's broker or any referral fee payments to other third parties.
3. Receiving Agent has obtained their broker's permission to use the Service, if required by broker or state law.
4. Receiving Agent agrees that a Buyer or Seller Referral is any person, legal entity, property buyer, or property seller who we introduce, send, call, connect, or refer to you by email, phone, fax, SMS text message, the RealtyAuction.com website, or any other method of communication.
5. If Receiving Agent engages in a new transaction with a Buyer or Seller Referral that originated from RealtyAuction.com following a Qualified Transaction, Receiving Agent is deemed to have accepted a new Referral Agreement for any subsequent Qualified Transactions.  NEED TO DEFINE QUALIFIED TRANSACTION
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Terms of Service - Cancellation and Termination of Service

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1. You have the right to cancel your access to Service at any time. In order for the cancellation to take affect, you must send an email to [email protected] requesting that your account be deactivated.
2. All Service fees and referral fees are non-refundable.
3. Company retains the right to suspend or terminate your access to Service and all current or future use of Service at any time for any violation of the RealtyAuction.com Terms of Service. Such termination could result in a deletion of your content and a forfeiture of all content and leads associated with your Service and user account. Company reserves the right to refuse service to anyone at any time, for any reason.

Terms of Service - Service Modifications

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1. Company reserves the right to modify and/or discontinue the Service at any time with or without notice.
2. Features that are advertised and available at the time of sign-up may be modified or discontinued at any time.
3. Company will not be held liable to User or any other Third Parties for any price change, modification, suspension or discontinuation of any Company Service.
4. Company retains the right to test features, modifications, or possible upgrades on the Service, User accounts, and marketing associated with your account without notice or permission at any time.

Terms of Service - Content Ownership and Copyright

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1. User is solely responsible for all content displayed in association with User's access to Service and agrees to assume full legal and financial responsibility for all content displayed on or associated with User's account.
2. User agrees not to commit copyright or trademark infringement by posting, displaying, sharing, or linking to content that User does not own or have explicit permission to reproduce.
3. User acknowledges there is not a way to prevent 3rd parties from sharing content that appears on the public or private portion of Service, and thus grants third parties the right to share User content while also relieving Company of any legal or financial liability that may arise.
4. While Company does not prescreen all content that User publishes via Service, Company reserves the right to remove or refuse any content deemed unacceptable at any time for any reason.
5. The look, feel and functionality of the Service is copyright RealtyAuction.com/DCTS Corp. (all rights reserved) and any respective authors whose products may be involved. You may not copy, duplicate, reuse, hack, or make public any portions of the HTML, CSS, JavaScript, PHP, Service configurations, Company content, or design elements without the express written permission of Company.
6. The Service relies on computer code and services assembled from various sources and third-party partners. Sources include unique and proprietary code created by the Company, code licensed from third-party vendors and programmers, as well as code made available by open source initiatives. You agree to take no action that could infringe upon the rights of the legal owners of the code or lessen its value in any way. This means User cannot provide, copy, sell, sublicense, decompile, or grant unauthorized access to code to any third-party individuals without the express written permission of Company or the respective copyright holder. User acknowledges that Company has no control over the ongoing availability of third-party code and features and thus relieves Company from any liability that could arise from loss of current features due to a change in the availability of third-party code, features and code libraries.
7. User does not own any part of the Service, content, user-submitted content, code, website, servers, technical infrastructure, bundled libraries, visual design elements, WordPress configuration, technical processes, Service, or other Company produced content.
8. Any content not copied by User prior to account deactivation may become permanently irretrievable; User relieves Company from any liability that may arise from content being lost during the account deactivation process or during the routine course of business even if said loss is due to the negligence of the Company.  At no time will User or any third-party be granted access to Company servers or any level of administrative access beyond the default access that is included to all Users with Service.

Terms of Service - Updates, Changes, and Modifications

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1. Company may update, change, or modify this Terms of Service at any time with or without notice.  All Service, Membership, and Course updates, changes, and modifications shall also be subject to this Terms of Service. User's continued use of the Service following any changes to this Terms of Service shall constitute User's consent to such changes.