Terms
of Use
Effective
January 1, 2008
General Rules
Use
of any software or services offered by RealToolz™ as defined in the
applicable RealToolz™ terms and conditions, must be lawful, ethical,
and respectful of the legal rights and interests of all other persons.
Without limiting the generality of the foregoing, the following rules
apply to the use of all RealToolz™ Software and Services:
Copyright ©
2008 RealToolz™, LLC, All rights reserved.
Our
Satisfaction Guarantee To You
We are totally committed to you success. We know from our vast
experience in the real estate investment industry that your success is
GUARANTEED if you actively participate in the programs we offer. Our
systems assist our subscribers every step of the way with finding and
disposing of properties that produce ongoing income and fantastic
returns on their time and efforts. Part of our commitment to you is to
not allow you to give up on yourself and your dreams and future so we
ask that you MUST use the programs and
systems we make available to you for a 90 day period in order to
see the full impact that RealToolz™ Software
and Services will have on your business. The initial licensing
and setup fees give you access to the patented tools, proprietary
systems and download-able media we have
available for you and it is therefore non-refundable. We may consider a
refund of, at most, three months of subscription dues after the 90 day
grace period if requested and if service is discontinued. Subscribers will
demonstrate use of the system by logging into the site for 30 min and
showing evidence of submitting three (3) offers.
If we have record of sending you any documents, files, forms, programs,
external systems, or any other irretrievable information as per your
request, we will not issue any refunds. We are at your service and
committed to your success.
Lawful
Use
Use of RealToolz™ Software and Services must comply with all applicable
laws and all orders, policies and directives applicable to Internet
users and domain name owners.
Other
Person’s Rights
Use of RealToolz™ Software and Services must not infringe the rights
(including without limitation personal information privacy and
personality rights and intellectual property rights) of any other
person, or assist any person to infringe the rights of any other
person. Without limiting the generality of the foregoing, the Merchant
Content must not include any material that is or could be considered to
be unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another person’s
privacy, promoting or providing instructional information about illegal
activities, hateful, or racially, ethnically or otherwise objectionable.
No
Disruptive Use
RealToolz™ Software and Services must not be used or permitted to be
used, directly or indirectly, in any manner or for any purpose that
damages, disables, harms, overburdens or impairs any portion of
RealToolz™’ software, hardware, systems and services or any other
person’s use and enjoyment of RealToolz™’ software, hardware, systems
and services or the Internet generally, or has the potential to do any
of the foregoing (as determined by RealToolz™ in its discretion),
including without limitation an excessive amount of traffic to the
Merchant Website or Merchant Weblink, an excessive distribution of data
by or through the Merchant Website or Merchant Weblink, or any other
uses that may damage, disrupt, compromise or degrade the integrity,
efficiency, performance or security of the RealToolz™ Software and
Services or that may otherwise or result in the circumvention or breach
of any user authentication, password, security or control measures
regarding the RealToolz™ Software and Services or any other Internet
resource or computer system.
No
Harmful Content
RealToolz™ Software and Services must not be used to directly or
indirectly distribute, transmit, communicate, or otherwise make
available any materials that contain any intentional or unintentional
virus, trojan horse, worm, time bomb, cancelbot, spyware, malware,
disabling device or other computer code that may damage, disrupt,
disable, compromise, degrade, harm, detrimentally interfere with,
surreptitiously intercept or expropriate, interrupt, lock, disable,
erase, limit the functionality or use of, or otherwise adversely
affect, or facilitate unauthorized access to or use of, the RealToolz™
Software and Services or any other computer system, hardware, software,
telecommunications equipment, or data, or any materials that have had
any copyright management information or controls altered or removed
without the express permission of the owner of the materials.
No
Spam
RealToolz™ Software and Services must not be used to directly or
indirectly post, upload, reproduce, distribute or otherwise transmit,
or collect responses from, any unauthorized or unsolicited email
messages, unsolicited junk or bulk messages, unsolicited commercial
messages, chain letters, and other forms of spam, and RealToolz™
reserves the right to determine in its discretion whether a message
constitutes spam. Users of RealToolz™ Software and Services must not
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content transmitted through the RealToolz™ Software
and Services.
Prohibited
Products or Services
RealToolz™ Software and Services must not be used to sell or promote
escort services; firearms; illegal drugs; information used to
circumvent copy-protection devices; pharmaceutical or other controlled
substances; sexual or adult paraphernalia; unauthorized copies of
computer programs; weapons or instructions how to assemble, make or use
weapons; or any products or services that are unlawful under any
applicable laws. RealToolz™ Software and Services must not be used to
provide material support or resources, or to disguise or conceal the
nature, location, source or ownership of support or resources, to any
organization designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act.
No
Gaming
RealToolz™ Software and Services must not be used to directly or
indirectly offer or participate in gambling or other forms of gaming
(including without limitation sweepstakes, raffles, lotteries,
contests, or pyramid or Ponzi schemes).
Prohibited
Purposes
RealToolz™ Software and Services must not be used, directly or
indirectly, for any purpose or in any manner that is or may be abusive,
contain nudity, deceptive, defamatory, derogatory, discriminatory,
false, fraudulent (including impersonation of others), harassing,
harmful, hateful, indecent, intimidating, invasive of the privacy
rights of others, libelous, misleading, objectionable, obscene,
offensive, pornographic, profane, racist, sexist, sexually explicit,
slanderous, threatening, violent, vulgar, unlawful or otherwise
objectionable (as determined by RealToolz™ its discretion), or which
advocate, depict, encourage, or tend to incite any such conduct, the
commission of a crime or other unlawful activities. RealToolz™ Software
and Services may not be used to create websites or directories that act
as storage for remote loading or as a door or signpost to another
website or directory.
Dealings
with Minors
RealToolz™ Software and Services must not be used to sell any product
or service to minors or in any manner that may be exploitive of or
harmful to minors.
Notices
Use of RealToolz™ Software and Services must comply with all notices
RealToolz™ may send to Merchant or post on the RealToolz™ Website
regarding proper use of the RealToolz™ Software and Services.
Complaints
RealToolz™
may take such action as it considers appropriate in its discretion if
it becomes aware of any inappropriate uses of RealToolz™ Software and
Services, without any notice or liability to Merchant or any other
person. Without limiting the generality of the foregoing, RealToolz™’
responses may include immediately blocking access to the Merchant
Website or Merchant Weblink or deleting Merchant Content.
Violations
of this RealToolz™ Acceptable Use Policy may be reported by sending to
abuse@marketingtips.com an email containing your name, email address,
postal address, telephone number, the subject matter of your complaint,
and a concise summary of your complaint.
Compliance, Consequences, and Law Enforcement
Disclosure
RealToolz™
may in its discretion determine whether this RealToolz™ Acceptable Use
Policy has been violated, and may take such technological and other
steps as it considers appropriate in its discretion to stop the
violation of this RealToolz™ Acceptable Use Policy.
Violations
of this RealToolz™ Acceptable Use Policy constitute a breach of the
Terms and Conditions for RealToolz™ Software and Services, and may
result in termination or suspension of RealToolz™ Software and Services
and other consequences, and may subject the responsible persons to
criminal and civil liability.
RealToolz™’s
failure
to enforce this RealToolz™ Acceptable Use Policy, for whatever
reason, will not be construed as a waiver of any preceding or
subsequent violation of this RealToolz™ Acceptable Use Policy.
RealToolz™ will not be liable to Merchant or any other person for
failure to enforce this RealToolz™ Acceptable Use Policy.
RealToolz™
may in its discretion report perceived violations of this RealToolz™
Acceptable Use Policy or applicable laws to law enforcement
authorities. RealToolz™ will co-operate fully with law enforcement
authorities in the investigation of suspected unlawful conduct,
including providing Merchants’ and Users’ personal information
(including email account information and payment information) and
copies of materials used in connection with RealToolz™ Software and
Services, including Merchant Content, without any notice or liability
to Merchant or any other person.
Nothing
in this RealToolz™ Acceptable Use Policy limits RealToolz™’ rights or
remedies in any way with respect to a failure to comply with any of the
foregoing provisions (including, without limitation, RealToolz™’ rights
or remedies under the Terms and Conditions for RealToolz™ Software and
Services) and RealToolz™ reserves all rights and remedies available to
it with respect to such activities at law or in equity.Revised January 1,
2010