1. Description of Service and Acceptance of Terms:
Real Estate Nexus, LLC (“REN”, “Real Estate Nexus”, “We”, or “Us”) provides a software and marketing service that gives users the opportunity to use our various features including but not limited to, bulk email and text capabilities, CRM Software, home-owner data, pre-built email, and text campaigns, as well as access to other third-party software’s and systems. Any and all pre-built campaigns can be used at the user’s discretion. Use of the services (including access to the content) is subject to compliance with these terms which incorporate by reference in our licensing agreements that might accompany the applicable service.
2. Changes To These Terms
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the REN Site at realestatenexus.io/terms. If we make a material change to these Terms, we will notify you by posting a notice on the REN Site. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
3. Ownership and License
REN owns and retains all rights to the Services, and the Content is owned or controlled by REN and REN’s content programmers. The Services and the Content are also protected by copyright, trademark, and other intellectual property laws. That said, REN is pleased to grant you a non-exclusive limited license to use these Services. The period in which you can access each piece of Content or utilize each Service will vary based on the rights availability of such Content and the terms of your subscription. The Services may include different Content offerings, features, and usage rules, which will be explained to you during your onboarding process or in other materials made available to you.
4. Accounts
Only the account holder, and those with permission from the account holder, may make changes to the account. The account holder may access profile details and delete or otherwise modify content associated with the account. REN is not liable for any modified content or changes made to the account by any non Real Estate Nexus Employee.
5. Content Subjectivity
Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit, or objectionable. Also, Content types, topics, categories, and descriptions are provided as suggestions to help with your marketing efforts, and REN does not guarantee that you will agree with them. You acknowledge these risks.
6. Usage Rules and Limitations
Any reference to performance in marketing materials or sales presentations is a representation of averages across markets, and in no way does REN LLC offer any guaranteed results. Any data provided by REN LLC has not been verified by REN as accurate with the understanding it is supplied by third parties. For best results, it is highly recommended that the client uses the best practices in Sales and Marketing Secrets Academy and training courses included in the sales and marketing plan. It is also recommended that our services be used as the primary CRM for the best results. REN is offering a service for the client by request of the client and therefore does not take any responsibility for knowing the local or state laws or any laws or regulations the realtor is required to operate under and therefore takes no legal responsibility for any services delivered.
Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion to the Content unless authorized by REN. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, templates, and campaigns. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mashups, and similar videos, or as merchandise, unless expressly permitted by REN in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Both parties agree not to make any statements or representation that disparage or otherwise harm each other’s reputation that indirectly or directly leads to financial damage.
7. Subscriptions and Billing
7.1 Ongoing Subscription and Fees
While we may offer services from time to time for free, we charge a fee to access these services. We will bill you in advance for your subscription. Your subscription will continue and renew automatically on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription within the allotted time frame, or your account is otherwise suspended or terminated pursuant to these terms. Any and all free trial subscriptions are based on a 3-month contractual period after the trial has ended. REN reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes.
7.2 Payment Method
Unless otherwise indicated, you will be required to provide a credit card or other payment method accepted by REN, as may be updated from time to time (“Payment Method”). We will charge your Payment Method a periodic subscription fee on a recurring basis corresponding to the term of your subscription, and any applicable taxes or setup fees. You are solely responsible for any and all fees charged to your Payment Method. When you provide a Payment Method, we may attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. If you want to use a different Payment Method than the one you signed up to use during registration, you may edit your Payment Information in advance of your next scheduled billing date by reaching out to support@realestatenexus.io and requesting a Payment Method change.
7.3 Billing Holds
In the event of a failed attempt to charge your Payment Method (e.g if your payment method has expired), we reserve the right to retry billing your Payment Method. In the event that you or we (through our payment service providers) update your Payment Method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the services. We may suspend or cancel your access to the Services if we remain unable to successfully charge a valid Payment Method. You also remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
7.4 Billing Period
As used in these Terms, “billing” shall indicate either a charge or debit as applicable, against your Payment Method. We will automatically bill your Payment Method on the later of the day you start your subscription or the day your free trial ends, and on each recurring billing date thereafter. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. Where applicable, charges for one or more Services may be prorated for any partial month of service. To see your next recurring billing date, reach out to support@realestatenexus.io and request “Next Billing Date”. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including if your subscription began on a day not contained in a given month (e.g if you have a monthly subscription and became a paying subscriber January 31, your Payment Method would next be billed on February 28), due to free trials and other promotional offers, credits applied, or changes in your subscription or Payment Method.
7.5 Cancellation and Refunds
You can cancel your subscription before a free trial period has expired without any further billing to your Payment Method. After your trial period has expired and Initial Billing for your Subscription to your Payment Method has begun you will be able to cancel your services based on the term of your subscription with 60 days’ notice before the end of your next Billing Period. If you cancel your subscription, you will also forfeit any service, content or data provided by REN. Any use of REN’s software or content outside of approved subscribed services is strictly prohibited.
Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated under these Terms, you will not receive credit, including for partially used periods of Service. There are circumstances where REN may provide credits on a case-by-case basis. The amount and form of such credits, and the decision to provide them, are at REN’s sole and absolute discretion.
7.6 Free Trials
On occasion, we may offer free trials to a particular Service, subject to terms explained during your sign-up. REN reserves the right to determine eligibility for free trials, which may vary based on factors including the Service selected, how recently you redeemed a free trial, and whether the Service is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers.
It is very important to understand that you will not receive a notice from REN that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription two business days prior to the last day of your free trial period. Because the Services are offered in multiple time zones, for consistency, a “day” for the purpose of these terms begins at 12:00 a.m. Eastern Time and ends at 12:59 p.m. Eastern Time of that same calendar day. You may cancel your subscription at any time as described in the “Cancellation and Refunds” section of these terms. If you cancel your subscription during a free trial, cancellation will be effective immediately.
7.7 Third-Party Billing
You may choose to be billed for, or receive access to, Services through a third-party, in which case, additional terms may apply, and Service offerings may be limited. If you want to cancel or modify your subscription or manage your billing, you may need to do so through your account with such third-party. REN will not be liable to you for any claims arising out of or related to your purchase or use of third-party products or services.
8. REN SMS Program
REN Services Updates is a standard-rate SMS program that provides subscribers recurring updates about Screen-Magic products and articles from the SMS industry. Message and data rates may apply. By opting into REN Services Messenger, end-users agree to receive pre-written marketing messages from or on behalf of REN Services via shortcode 73XXX and understand that consent is not a condition of service.
Active Keywords: You are responsible for End Users use of the Services. You are responsible for determining End User policies and configuring End User policy controls for the Services.
Opting Out: To cancel your Screen-Magic Messenger subscription, reply STOP to 73XXX to opt-out of all services at any time.
Customer Support: Text HELP to 73XXX at any time to receive program contact information. Feel free to visit our Frequently Asked Questions (FAQ’s). You can also send us an email at care@screen-magic.com or call/text +1-800-XXX-XXXX.
Supported Carriers: Carriers are not liable for delayed or undelivered messages. Screen-Magic Messenger is available on the following carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, and others. See the complete most up-to-date list of SMS carriers below:
∙ AT&T
∙ Sprint
∙ T-Mobile
∙ Verizon Wireless
∙ ACS Wireless
∙ All West Communications
∙ Appalachian Wireless
∙ Atlantic Tele/Choice
∙ AWCC
∙ Bluegrass Cellular
∙ Boost Mobile
∙ Brightlink
∙ Cablevision
∙ Carolina West Wireless
∙ Cellcom
∙ Cellular South (C-Spire)
∙ CellularOne (of NE AZ)
∙ Chariton Valley Wireless
∙ Chat Mobility
∙ Cincinnati Bell
∙ Copper Valley
∙ Cricket / Leap
∙ CTC Telecom
∙ Custer Telephone
∙ DTC Wireless (Advantage)
∙ Duet IP
∙ Eagle Telephone System
∙ ECIT
∙ Element Wireless
∙ Enflick Inc
∙ Epic Touch
∙ Farmers Mutual Telephone ∙ Flat Wireless
∙ GCI / Alaska Digitel
∙ Gold Star Communications
∙ Google Voice
∙ Illinois Valley
∙ Immix Wireless (Keystone)
∙ Inland Cellular
∙ iWireless (Iowa Wireless)
∙ Layered Communications
∙ Leaco Rural Telephone
∙ Manti Tel
∙ Metro PCS
∙ Mid-Rivers Communications ∙ Mobi PCS
∙ MobileNation / SI Wireless
∙ Mosaic
∙ MTA
∙ MTPCS Cellular One/CellOne Nation ∙ NE Cellular One of PA
∙ Nemont Sagebrush Cellular ∙ Nex-Tech
∙ nTelos
∙ Nucla-Naturita Tel
∙ NW Missouri Cellular
∙ Peoples Wireless
∙ Pine Cellular
∙ Pioneer Cellular
∙ Plateau Wireless
∙ PTCI (Panhandle Wireless)
∙ Republic Wireless
∙ South Central Utah
∙ SouthernLINC Wireless
∙ SRT Wireless
∙ Standing Rock
∙ Syringa Wireless
∙ Thumb Cellular
∙ Triangle Wireless
∙ UBET
∙ Union Wireless
∙ United Wireless
∙ US Cellular Corp
∙ Viaero Wireless
∙ Virgin Mobile USA
∙ West Central Cellular
Text UPDATES to 73XXX for recurring mobile marketing tips from Screen-Magic. Message & Data Rates May Apply.
9. DISCLAIMER
While we do our best to provide the optimal performance of the Services, you agree that use of the Services is at your own risk. The services, REN Sites, Content, Software, Technology, Third Party Services, and any other materials contained are provided “As Is” and, to the fullest extent permitted by law, are provided without Performance Guarantees of any kind, either expressed or implied.
In no event shall REN or its affiliates, successors, and each of their respective investors, directors, officers, employees, agents, and suppliers (Including Distributors and Content Programmers) (Collectively, the “REN Parties”), be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use of the Services, whether based in contract, tort, strict liability, or other theory, even if the REN Parties have been advised of the possibility of damages.
You Agree to defend, indemnify, and hold harmless the REN Parties from and against any and all Liabilities, claims, damages, expenses (Including reasonable Attorneys’ fees and costs), and other losses arising out of or in anyway related to your breach or alleged breach of these terms or your use of these Services (Including your use of the Content). REN Reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
New York State County of Monroe law governs this Agreement, and this Agreement shall be enforced to the fullest extent allowed under New York law. If any provision is found invalid or unenforceable, the remainder of this Agreement shall remain valid, binding, and enforceable at all times. Both parties agree that any litigation or legal matters must take place in Monroe County, New York.
10. Contact Information
