Effective Date: Feb 23, 2022
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THE SERVICES IN ANY WAY, NEITHER DIRECTLY NOR INDIRECTLY.
You have a bona fide interest in purchasing, selling, or leasing of real estate of the type by using the Repai Services. You may be required to register to use our Services. You must be eighteen (18) years of age or older to register for a Repdai Account (“Account”). You have not previously been suspended or removed from the Services. Your registration and your use of the Services is in compliance with all applicable laws and regulations. You shall be responsible for keeping your Account secure and confidential, including but not limited to the username, password, or any information related to the Account. Any use of the Services through your Account will be deemed as being used by you, whether or not it is authorized by you. You agree to provide accurate, current, and complete information about you whenever prompted or permitted by any process of Services. You shall maintain and update your information promptly to assure your information is update-to-date, accurate, and complete. Repdai is entitled to rely on the contact and other information that is supplied to us through your Account.
You agree to only access or use the Services only for purposes that we made our Services available and are permitted by the law and regulations. You further confirm that you will respect local customs or practices. You shall immediately stop accessing or using the Services provided by Repdai when local laws or regulations require so.
You shall use the Services with integrity and treat others with respect. You shall only use other users’ information as necessary to facilitate communication, transaction, and other interactions using the Services as authorized by this Agreement.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole direction, that such username is inappropriate, obscene, or otherwise objectionable. We may suspend or terminate your usership or Account at any time for any reason without any formality if we have reason to believe that you have failed to comply with any of the terms between Repdai and you. If you decide to terminate your usership or Account, please contact our customer service, and we may terminate it as soon as reasonably practical once we have received your termination request.
CONTENT REPDAI PROVIDES
All source codes, databases, functionalities, software, applications, designs, audio, video, texts, photographs, and graphics on the Repdai Platform (collectively, the “Content”) made available through the Repdai Platform may be protected by copyright, trademark, and/or other laws and regulations of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Repdai and/or its licensers and agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Repdai Platform except to the extent you are the legal owner of that Content or as expressly permitted under this Agreement or other agreement(s) you have with us, if any . Subject to your compliance with this Agreement, Repdai grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
(a) Download and use the Application on your personal device(s);
(b) Access and view the Content made available on or through the Repdai Platform and accessible to you.
“User Content” refers to any codes, software, applications, designs, audio, video, photographs, graphics, texts, documents, feedback, suggestions, comments, proposals, or any other information that you provide, publish, or otherwise directly or indirectly communicate to Repdai or our agents pertaining to the Repdai Services. You confirm that you irrevocably grant Repdai a global, irrevocable, fully paid-up, royalty-free, perpetual, sub-licensable, transferable, assignable, and unlimited license, allowing Repdai to use, disseminate, copy, modify, sub-license, translate, publish, distribute, transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell, or otherwise use User Content for any legal purposes.
You acknowledge and confirm that you own or have sufficient rights in your User Content to grant to Repdai described under this Agreement. You confirm that the User Content that you provide is accurate, update-to-date, and complete to the best of your knowledge. You further confirmed that the User Content you provide does not include confidential or proprietary information, does not and will not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
If any such right or interest in the User Content may not be licensed or transferred under any applicable local, national, or international laws or regulations (including but not limited to export control, consumer protection, unfair competition, anti-discrimination, fair housing and false advertising laws), you hereby expressly waive and agree not to assert any such rights, credit and/or claim for any compensation from Repdai.
RESTRICTIONS & PROHIBITED USE
YOU ACKNOWLEDGE AND CONFIRM THAT YOU MUST NOT DO, ATTEMPT TO DO, NOR ASSIST ANY THIRD PARTY TO DO ANY OF THE FOLLOWING, AS REASONABLY DETERMINED BY REPDAI, SUBJECT TO APPLICABLE LAWS AND REGULATIONS:
- Access or use the Services in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- Use any Content unless you have permission from the Content owner or the use is authorized by us under this Agreement or other agreement(s) you have with us, if any;
- Request, make, or accept a deal or any payment using methods that are not part of the Services nor are approved by us to avoid paying fees, taxes, or for any other reason, unless authorized by us;
- Use any Content in violation of any applicable laws, rules or regulations, including but not limited to the rules of the Real Estate Board of the City of New York, the New York State Department of State, the New York State Department of Banking, or any listing agency.
- Defame, mock, threaten, harness, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
- Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests, including but not limited to the rights of privacy, publicity, or trade secret) of Repdai or any third party;
- Copy, reproduce, adapt, reverse engineer, decompile, disassemble the whole Repdai Services as whole or part. Neither use illegal or inappropriate approaches that may interrupt or impair the operation of the Repdai Services without authorization, including but not limited to hacking, cracking, extracting source codes, uploading or transmitting malicious software (virus, Trojan horses, worms, corrupted files, adware, or any other unauthorized programs), or conducting server attack;
- Access, use, or tamper with any Service as part or whole that you are not authorized to do so Neither temper or modify any postings, registration information, profiles, submissions on or obtained from Repdai Services, or Content belonging to us or other users of Repdai;
- Use bots, crawlers, scrapers, or other automated means to access or collect data or other Content from or otherwise interact with the Repdai Services;
- Frame any part of the Services, or link to the Services, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Repdai;
- Impersonate or misrepresent your affiliation with any person or entity;
- Provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution.
MULTIPLE LISTING SERVICES
A multiple listing service (“MLS”) is a database established by cooperating real estate brokers to provide data about properties for sale and/or lease. The Repdai Platform may include and integrate MLSs provided by third parties for delivering services made available to users, including but not limited to, allowing brokers to see one another’s listings of properties, connecting property buyers to sellers, and helping real estate agents and brokers connect by consolidating and sharing information while sharing commissions. Before proceeding to view the content made available through the Services, you must acknowledge that the individual MLS that supplies the listing data is the owner of such data. You further acknowledge the validity of the MLS's system, and MLS's proprietary rights and copyright to such data and any related data.
Repdai also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access the Repdai’s Services for the purposes of verifying compliance with MLS rules and monitoring the display of participants’ listings on our platform.
On the other hand, Repdai makes no guarantees as to the reliability, accuracy, or up-to-date nature of any information from MLS sources.
The data from ListHub is not allowed to be copied and distributed.
Our Services may contain (or you may be sent via our Service) links to other websites, software, website or mobile applications, services, and/or other items such as articles, photographs, texts, graphics, pictures, designs, music, sound, video, information belonging to or originating from third parties (collectively, the “Third-Party Contents”). Such Third-Party Contents are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Contents accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Contents. Including, linking to, or permitting the use or installation of any Third-Party Contents does not imply approval or endorsement thereof by us. If you decide to leave the Services and access and/or use any Third-Party Contents, you do so at your own risk, and you should be aware this Agreement no longer governs. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Contents to which you navigate from our Services or relating to any applications you use or install from the Services. Any purchase you make through Third-Party Contents will be through other vendors or content providers, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered by third parties and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or ham caused to you relating to or resulting in any way from any Third-Party Contents.
You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If there is any fee change, we will provide you with advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment by the method you specified at the time of purchase or as agreed to as part of the selected Services. You authorize us to charge all fees as described under this Agreement for the Services you choose to that payment method.
As part of the Services, you may be connected with a real estate professional. You authorize us to make such a referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such a connection. As part of the Services, you may be connected to a party that provides agent services, title, legal and escrow services, or other settlement services. In the event that any of these parties have an affiliated relationship with Repdai, Repdai may receive financial or other benefits from the referral between such affiliates.
REPDAI INC. PROVIDES THE SERVICES ON AN “AS IS'' AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR ACCESS AND/OR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENTS OR THE THIRD-PARTY CONTENTS OF ANY WEBSITE, WEBSITE OR MOBILE APPLICATION, OR SERVICE LINKED TO OUR SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENTS AND MATERIALS;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS OR USE OF OUR SERVICES;
- ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE ACCESS AND/OR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES. ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION, OR SERVICE FEATURES IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOU ACCESS AND/OR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIME BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Repdai Inc., its affiliates and their respective directors, officers, employees, and agents harmless from and against any and all claims, demands, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including but not limited to legal fees and expenses) arising out of or accruing from
(a) Your access or use of the Repai Services;
(b) The User Contents you created with or posted to our Services;
(c) Any breach of any terms under this Agreement, including any of the foregoing provisions, conditions, obligations, representations, or warranties, and/or from your placement or transmission of any content onto Repdai’s servers, and/or from any and all use of your account;
(d) Any breach of any of the representations, warranties or other terms or conditions set forth under this Agreement;
(e) Your, or any other subscriber or user of your account’s violation of the rights of a third party, including but not limited to infringement of intellectual property rights;
(e) Any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or preceding which is subject to this indemnification upon becoming aware of it.
Repdai respects the rights of all copyright holders in this regard. Repdai has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Repdai’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TERM AND TERMINATION
The Repdai Teams & Rewards Program is open to all registered users in good-standing. Each user must enroll manually for the program by successfully performing the required activities, Rewards not used or redeemed prior to termination are forfeited upon termination or the closing of the account, whichever is earlier. Repdai reserves the right to terminate and delete any reward accounts at our sole and absolute discretion at any time and without notice.
If we suspend or terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to suspending or terminating your account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive redress.
MODIFICATION AND INTERRUPTIONS
We reserve the right to change, modify, or remove the Contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify, or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing under this Agreement will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
39-10 Main Street, Suite 300
Flushing, NY 11354
Phone: (718) 219-6332
Fax: (718) 247-1888
Effective Date: Feb 23, 2022