Real Tools Technologies Terms and Conditions

Terms and Conditions

Please read the following subscription Standard Terms and Conditions. Use the scroll bar to view the rest of the provisions.

Real Tools Technologies Standard Terms and Conditions for FSBOTrac Subscription services.

You must read and agree to these Terms and Conditions before you can subscribe. Please read them carefully. By purchasing a subscription to the Service, you become a Subscriber and agree to be bound by these Terms and Conditions (the "Agreement"). This agreement is subject to change by Real Tools Technologies at any time, and changes are effective without notice upon each Subscriber.

DEFINITIONS

The term "Service", as referred to in these Terms and Conditions shall mean - The Service you are subscribing to and receiving a username and password (Login/ or/and Activation Code) from Real Tools Technologies in order to access the information and obtain the benefits of a Subscriber. The term "Subscriber", as referred to in the Terms and Conditions shall mean - The holder (Subscriber) of a valid Subscription ID for the Service during the term of Subscription.
The term "Subscriber", as referred to in the Terms and Conditions shall mean the End-user or Consumer of the Service and holder of a valid Subscription ID for the Service. By becoming a Subscriber, you hereby authorize the imposition of charges to your credit card for all subscription fees as well as for any further goods and/or services at, through and/or from or pertaining to the Service.
The term .Billing Cycle., as referred to in the Terms and Conditions shall mean a billable service cycle that was initiated by the Agreement.

ELECTRONIC RECEIPT

Subscribers will be given, via e-mail, electronic receipts that support charges for use of the Service.

SUBSCRIPTION FEES

The Subscriber's payment will be processed by Real Tools Technologies. Unless otherwise provided, the Subscriber is obligated to pay:
The amount specified in this Agreement Subscription via Credit Card (Subscription automatically renews every Billing Cycle, until canceled.)
Subscription fees are non-refundable once Subscriber's username and password or activation code have been used to access the Service. A Subscriber may cancel the subscription at anytime, and will not be charged beyond the Billing Cycle effective at the time of cancellation. However, you are charged for your Subscription, by a Billing Cycle. Therefore, if you choose to cancel your Subscription prior to the end of you Billing Cycle, you will not be able to access the Service for the rest of the Billing Cycle.

NON-ASSIGNABILITY / THEFT OF Subscription privileges

Your Subscription may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Real Tools Technologies of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of FSBOTrac the Service. Until Real Tools Technologies is notified, by e-mail, or by telephone of any breach in security, the Subscriber will remain personally liable for any unauthorized use of the Service.

Subscriber is and shall be personally liable for, and shall defend, indemnify and hold harmless Real Tools Technologies from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication.

TERMINATION / CANCELLATION

Subscription to the Service may be terminated at any time, and without cause, by either Real Tools Technologies or the Subscriber upon notification of the other by electronic or conventional mail, or via web based user interface. If Termination is requested by a Subscriber, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until the expiration of the subscription term.

REFUNDS

In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase. NO refunds will be made by cash or check.

LICENSE

Subscriptions to the Service are provided for personal, non-resale use by customers of the Service. As customers, subscribers of the Service are hereby granted a single copy license to download (on a single computer only) or print copies of any of the information found on the Service for personal, non-commercial use only. The redistribution or transfer of any material or information obtained by use of the Service to any other person or a commercial enterprise is strictly prohibited.

Real Tools Technologies reserves the right to terminate this license at any time if Subscriber breach the terms of this agreement, in which case Subscriber will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the Service. Unauthorized access to the Service is a breach of this Agreement and a violation of law.

DISCLAIMERS

THE MATERIALS ON THE SERVICE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. Real Tools Technologies OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. Real Tools Technologies DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SERVICE. ANY OF THE INFORMATION OFFERED ON THE SERVICE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT SUBSCRIBER IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND SUBSCRIBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION.

Real Tools Technologies MAKES NO REPRESENTATION AS TO ANY OF THE INFORMATION DISTRIBUTED THE SERVICE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH SUBSCRIBER, SUBSCRIBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME.

IN THE EVENT Real Tools Technologies IS FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM AMOUNT Real Tools Technologies SHALL BE LIABLE FOR SHALL BE NO MORE THAN THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR THE PRECEEDING MONTH. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL Real Tools Technologies, OR ANY OF ITS SUPLIERS, LICENSES OR OTHER SUBSCRIBERS BE LIABLE, TO SUBSCRIBER OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION.

Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.

All information obtained by use of the Service is proprietary, and constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Service's materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Except as expressly stated in the limited license provision of these Terms and Conditions, purchase of a Subscription does not grant any expressed or implied right to Subscriber under any of its trademarks, copyrights or other proprietary information. These Terms and Conditions are to be governed and construed by California law. In the event of a dispute arising out of or relating to these Terms and Conditions, or Subscriber's use of or access to the Service, litigation must be brought in state or federal court in the County of Orange, California.

Every user of the Service hereby warrants and represents that he or she is competent to enter into over this agreement and is at least the age of 18 (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority), and in all respects is qualified to enter into this agreement.

ADDITIONAL TERMS AND CONDITIONS

In addition to these Terms and Conditions, the Service may have additional Terms and Conditions that are, and shall become, an integral part of this Agreement. All Terms and Conditions apply to Real Tools Technologies and Subscriber. This Agreement supersedes all prior written or oral understandings, writings and representations and may only be amended by Real Tools Technologies. If any provision of this Agreement is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and this Agreement enforceable. Unless otherwise specifically provided, the provisions of this Agreement shall survive its termination.

I agree to the Terms and Conditions specified by the Service linked to this page.

NOTICES

Notices by the Service to Subscribers may be given by means of electronic messages through the Service, by a general posting on the Service, or by conventional mail.

Notices by Subscribers may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in the Agreement. All questions, complaints, or notices regarding the Service to Real Tools Technologies can be sent by clicking on this link.

Do you accept all the terms of the preceding Terms and Conditions? If you choose to decline, registration process will end. To receive FSBOTrac, you must accept this agreement.