END USER TERMS OF USE IMPORTANT! THESE END USER TERMS OF USE (THESE “TERMS OF USE”) GOVERN YOUR USE OF THIS SITE AND THE SERVICES (AS DEFINED BELOW) AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND REALCHEEKY, LLC, INC., A DELAWARE CORPORATION, AND ITS SUCCESSORS AND ASSIGNS (COLLECTIVELY, “REALCHEEKY, LLC”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SITE OR THE SERVICES. THESE TERMS OF USE CONTAIN LIMITATIONS ON REALCHEEKY, LLC’S LIABILITY AND DAMAGES RECOVERABLE BY YOU, WAIVERS OF WARRANTIES AND OF INDIVIDUAL CLASS ACTION AND JURY TRIALS AND THE EXCLUSIVE FORUM AND VENUE FOR DISPUTES IS ARBITRATION WHICH WILL TAKE PLACE IN MONTEREY, MONTEREY CALIFORNIA. BY LOGGING INTO OR USING THE SERVICES, YOU ARE INDICATING YOUR ACCEPTANCE OF AND AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.IF YOU ARE LOGGING INTO OR USING THE SERVICES IN CONNECTION WITH YOUR EMPLOYMENT FOR AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE LEGAL AUTHORITY TO BIND THAT ENTITY TO THESE TERMS OF USE, AND THESE TERMS OF USE SHALL BE LEGALLY BINDING ON YOU AND THAT ENTITY. YOU MAY NOT USE THIS SITE OR THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER.

Will RealCheeky, LLC ever change these Terms of Use?REALCHEEKY, LLC MAY MODIFY THESE TERMS OF USE AT ANY TIME. THE DATE OF THE LAST UPDATE TO THESE TERMS OF USE IS SET FORTH ABOVE AND SHOULD BE CHECKED BY YOU PERIODICALLY. REALCHEEKY, LLC WILL ALSO PROVIDE YOU WITH NOTICE OF ANY UPDATES TO THESE TERMS OF USE, WHICH NOTICE MAY BE PROVIDED ELECTRONICALLY VIA THE SERVICES OR VIA EMAIL. YOUR CONTINUED USE OF THE SITE AND SERVICES WILL CONSTITUTE YOUR ACCEPTANCE OF ALL CHANGES TO THESE TERMS OF USE. IN THE EVENT YOU DO NOT AGREE TO ANY UPDATES TO THESE TERMS OF USE, YOU SHOULD CEASE ALL USE OF THE SITE AND SERVICES.

What about my privacy?

In addition to these Terms of Use, please also review our Privacy Policy at

https://RealCheeky, LLC.com/privacy-policy

What defined terms should I know when reading this Agreement?

The following terms shall have the meanings specified or referred to below.
Defined terms may be used either with the first letter(s) capitalized or with the first letter(s) in lower case.

“Site” means this website and includes all web, mobile, and versions hereof, and any other websites owned or operated by RealCheeky, LLC that is linked or referenced within this Site, or used to access or use the Services.

“Services” means all software, applications, programs, services, information, data, personal information, and other content made available for Your use via the Site along with any input, information, data or content stored, processed or otherwise contained therein and any other services or features offered in connection with any of the foregoing, and includes the internet-based real-estate transaction management software integrated suite of tools offered through the Site for You to store, draft, manage, and archive real estate transactions services and perform other services.

“Us,” “We,” or “Our” means RealCheeky, LLC.

“You” or “Your” means any person, business or entity using the Site or Services.

How may I use the Services and the Site?

Your use of the Services is limited to the right to access and use the Services for Your own personal, individual and internal real estate transactions management activities as expressly authorized under these Terms of Use.
No right to sub-license or sub-let is granted under these Terms of Use.
You shall take all steps necessary to protect your login(s) and password(s), to safeguard the security and integrity of the Services, and to protect against unauthorized access and use.
You shall immediately notify RealCheeky, LLC of any violation of the foregoing.
Any access to the Services using Your login and password shall be deemed access by You.

Your use of the Site or Services may require You to login or maintain a user account, which may be owned, controlled or issued by a third party with whom You have a relationship.
Your relationship with any such third party is subject to a separate written agreement between You and such third party, and RealCheeky, LLC is not a party to or bound by any such agreements.

You must provide true, accurate, and current information, and maintain and update this information and ensure that it remains true, accurate, and current. You consent to receive personalized emails, telephone calls and other communications from RealCheeky, LLC.

You understand that by using the Site, you consent to the collection, use and disclosure of personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have that information collected, used, transferred to and processed in the United States and other countries, where applicable.

The Site may contain links to third-party websites, advertisers, services, listings, special offers, or other events or activities that are not owned or controlled by RealCheeky, LLC.
RealCheeky, LLC does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

If You access a third-party website from the Site or Services, you do so at Your own risk, and You understand that these Terms of Use and Our Privacy Policy do not apply to Your use of such sites or third parties.

You expressly release, waive, relieve, and hold harmless RealCheeky, LLC from all liability arising from Your use of any third-party website, service, or content.
Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers.

You agree that RealCheeky, LLC shall not be responsible for any loss or damage of any sort relating to Your dealings with such advertisers or other third parties.

You agree to, at all times, comply with all applicable laws, regulations, restrictions and rules in connection with accessing and using the Site and Services, including all laws, regulations, restrictions and rules involving private data and applicable export controls.
In particular, you will not use this site or the Services in any country in any manner prohibited by the United States Export Administration Act or any other export laws, regulations, restrictions and rules.

You represent and warrant that You are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan and North Korea) and that You are not otherwise prohibited from using the Site or the Services in any manner under any export laws, regulations, restrictions and rules.

You will not use the Site or Services for any illegal purpose or in violation of any law or regulation, or to transmit, receive, download, upload or solicit: (a) any of Your Data (as defined below) or other materials which may violate any copyright, trade secret, trademark, service mark or any other intellectual property rights or rights of privacy or publicity of any person or entity; (b) any of Your Data or other materials containing any destructive or interfering programs, applications, or instructions; or (c) any of Your Data or other materials which may subject You or RealCheeky, LLC to civil or criminal liability.

You agree to abide by all copyright and other restrictions placed on any data, information, or content available via the Services including any material or data compilations where RealCheeky, LLC or others hold the copyright or other intellectual property or proprietary rights.

Your use of the Site and Services may be provided in connection with an agreement entered between RealCheeky, LLC and a third party, such as a real estate brokerage, agency, or other business that you have a business relationship or agreement with (each a “RealCheeky, LLC Client”).

You acknowledge and agree that RealCheeky, LLC Client: (a) may have access to your use of the Services and Your Data; (b) RealCheeky, LLC Client may have the right to create, monitor and control your user logins, passwords and accounts and your access or denial, suspension, or termination of access to the Site or Services; and (c)
You hereby consent and authorize RealCheeky, LLC Client to have all such rights and access as set forth in this section.

RealCheeky, LLC has no liability for or relating to any disputes between You and any RealCheeky, LLC Client or for RealCheeky, LLC Client’s access or use of Your Services or Your Data. RealCheeky, LLC may maintain, correct and modify, and may upgrade and/or update the Site or Services at any time in its discretion with or without notice to You.

What obligations apply to personal information and data privacy?

You represent, warrant, covenant and agree that You shall comply with all relevant and/or applicable state and federal data privacy standards and all United States, foreign and other applicable laws, rules and regulations governing data, banking and financial information, real estate, the purchase or sale of real estate, real estate transactions, agencies and brokers, privacy, personal data and personal information and PII (as defined below) including the U.S.-EU Safe Harbor Privacy Framework, the General Data Protection Regulation (GDPR) (EU) 2016/679, the California Consumer Privacy Act (CCPA) AB-375, and any other applicable laws, rules, regulations and guidelines, and all other requirements reasonably requested by RealCheeky, LLC (collectively, the “Data Privacy Standards”).

You represent, warrant, covenant and agree that for so long as You maintain, possess, acquire, disclose, use, or have access to any PII, You shall at all times maintain the PII in strict confidence and shall not disclose it to anyone or use it for any purposes except as expressly authorized in these Terms of Use and as permitted by applicable law and the Data Privacy Standards, and You shall be and remain in strict compliance with the Data Privacy Standards and that You shall notify RealCheeky, LLC within twenty-four (24) hours if You are no longer in compliance with such Data Privacy Standards.

RealCheeky, LLC shall have the right, at any time, to require You to remove, destroy or purge any information from Your possession, custody or control that constitutes PII when required by any of the Data Privacy Standards.

RealCheeky, LLC shall have the right, but not the obligation, upon reasonable prior notice, to audit You to confirm Your compliance with these Terms of Use and the Data Privacy Standards, which audit may include on-site inspections, requests for copies of documents and records, interviews with employees and representatives, proof of compliance, and written certifications executed under oath.

The term “PII” means personal information, personally identifiable information, non-public information (NPI), any information about an individual, information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context, and any other information protected or regulated under applicable law and includes: (a) any information that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; (b) credit card, debit card and other banking and payment information; (c) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information; (d) any non-public personal information regarding any individual that is subject to applicable national, state, regional, and/or local laws and regulations governing the privacy, security, confidentiality and protection of non-public personal information; (e) is Personally Identifiable Information, as defined by state breach notification statutes; (f) non-public information (NPI) as defined and/or used by applicable state, federal or local laws, rules or regulations; (g) information appearing on applications for obtaining financial services (such as credit card or loan applications), or on account histories (such as bank or credit card histories), a person’s status (current or previous) with a banking, credit, lending or other financial organization, including names, addresses, telephone numbers, Social Security numbers, PINs, passwords, account numbers, salaries, medical information, and account balances; and (h) any information or materials protected by applicable state, federal or local laws, rules or regulations or governing real estate or its purchase or sale, real estate brokers, agents, transactions or related documents.

Do the Services include SMS messaging?

The Services may include the ability to utilize text messaging (SMS) that sends text messages to mobile phone numbers designated by You.

You shall only use this feature for yourself and others who expressly opt-in to its usage.
Use of the SMS feature will include an unsubscribe instruction.

SMS recipients may text STOP, STOP ALL, END, QUIT, NO, CANCEL or UNSUBSCRIBE to opt out of receiving future messages and such recipients will receive one (1) final message from confirming their inactivation of this service.

Following such confirmation message, no additional text messages will be sent unless re-activated by You or a person designated by You.

SMS recipients may also text HELP for questions.
Message and data rates may apply from Your mobile carrier.
You acknowledge and agree that utilization of SMS (text messaging) may cause You and other participants to incur additional charges from their mobile service providers, such service may subject You and participants to additional fees, and such service may not be available with all mobile service providers.

You agree that You and any other participants designated by You shall be solely responsible for all and any expenses and/or fees associated with SMS (text messaging) in connection with the Services.

You further agree that RealCheeky, LLC will not have any liability and/or responsibility in connection with the provision of the SMS (text messaging) services, any SMS (text messaging) errors, delays, or missed, deleted or late-received messages, or messages sent to unintended or non-consenting recipients.

What activities are prohibited?

You shall not: (a) reproduce, duplicate, disseminate, copy, modify, translate, or create derivative works based on the Site or Services; (b) sell, rent, lease, loan, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or Services, or otherwise disclose the Site or Services to any third party or use the same for the purpose of commercial timesharing, service bureau or other rental or sharing agreements with or for the benefit of any third party or customer; (c) use the Site or Services for any use other than the expressly authorized use set forth above, including to conduct electronic, individual or bulk transfers, migrations, downloads or extractions of data, records, files or information from the Services; (d) reverse engineer, decompile, disassemble, circumvent the security and restrictions, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site or Services; (e) remove or otherwise alter any proprietary notices or labels from the Site or Services or any portion thereof; (f) use the Site or Services to create any product or service; (g) use the Site or Services if You are a competitor of RealCheeky, LLC, except with RealCheeky, LLC’s prior written consent, (h) design, build or develop any product or service that competes against the Site or Services or that provides the same or similar services or functionality as the Site or Services; (i) violate the security of any computer network, or crack, hack or circumvent any passwords or security encryption codes, (j) run any mail-list, listserv, any form of auto-responder or “spam” on the Site or Services, or any processes that run or are activated while You are not logged into the Site or Services, or that otherwise interferes with the proper working of the Site or Services (including, without limitation, by placing an unreasonable load on the Site’s or Services’ infrastructure), (k) through the use of manual, automated or any other means, engage in action that “crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Site or Services, (l) perform, monitor, analyze or disclose the Site’s or the Services’ availability, performance or functionality, or for any other benchmarking or competitive purposes, or (m) otherwise use the Services in any way not expressly provided for by these Terms of Use.

You will use the Services only in compliance with: (i) these Terms of Use; and (ii) in accordance with all applicable laws, rules and regulations.

How may RealCheeky, LLC terminate my use of the Site or Services?

RealCheeky, LLC shall have the right, in its sole discretion, to terminate this Agreement at any time for any reason, cease doing business with You or any business, person or entity and/or to terminate or suspend Your access to the Service, or any part thereof, temporarily or permanently, at any time and from time to time, and with or without notice, for any reason whatsoever including for record keeping, quality assurance, or if RealCheeky, LLC believes that You have violated or acted inconsistently with the letter or spirit of these Terms of Use.
Additionally, RealCheeky, LLC reserves the right to refuse to do business with You or any business, person or entity in its discretion, consistent with local, state and federal laws.
You also agree that RealCheeky, LLC will not be liable to You or to any third party for any modification or termination of access to the Services.

These rights and actions are in addition to and not in lieu or limitation of any other right or remedy RealCheeky, LLC may have available at law or in equity.

What happens if this Agreement is terminated?

Upon termination, cancellation or expiration of this Agreement for any reason whatsoever: (a) Your right to access and use the Services shall immediately, automatically, and without notice, be revoked; (b) You shall immediately cease all access to and use of the Services and all Confidential Information; (c) You shall return to RealCheeky, LLC all Confidential Information; (d) RealCheeky, LLC shall have the right to terminate and deny You access to and use of the Services immediately and without notice.

The obligations set forth in this Agreement which, by their nature, are intended to survive, shall survive the termination, cancellation or expiration of this Agreement for any reason whatsoever.
Such surviving obligations include, without limitation, obligations with respect to Confidential Information, protection of PII and data, and obligations of indemnity.

What rights do I have in my data?

You shall own or have all necessary rights to all information, data, text, images, audio, video, photographs, and any other content or materials that You upload to the Site or the Services (collectively, “Your Data”).

The term “Your Data” does not include the Services, Third Party Resources (as defined below), the RealCheeky, LLC Intellectual Property (as defined below), or any other RealCheeky, LLC products or services, or any derivative works thereof.

You are responsible for any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Data, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Data, or from Your use of the Site or Services.
You may disclose or transfer Your Data to a third party, and upon such disclosure or transfer RealCheeky, LLC is no longer responsible for the security or confidentiality of such content and applications outside of RealCheeky, LLC.

You hereby grant to RealCheeky, LLC a non-exclusive, worldwide, royalty-free, perpetual, sub licensable license and right to host, use, process, reproduce, display and transmit Your Data to provide the Services pursuant to and in accordance with these Terms of Use.
You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Your Data, and for obtaining all rights related to Your Data required by RealCheeky, LLC to perform the Services.

The term “Third Party Resources” means all software, hardware, network, applications, data, data feeds, information, application programming interfaces (APIs), text, images, audio, video, photographs and other content and material, in any format, that are obtained or derived from third party sources outside of RealCheeky, LLC that You may access or use through, within, or in conjunction with the Services.

The term “RealCheeky, LLC Intellectual Property” shall mean RealCheeky, LLC’s ownership of all Confidential Information (as defined below), the Site, the Services, Feedback (as defined below), and of all copyrights, patents, trade secrets, service marks, trademarks, proprietary rights, domain name registrations, and other intellectual property rights in and to the Confidential Information and arising therefrom.

You represent and warrant that: (a) You have the written consent of each and every identifiable natural person in Your Data to use such person’s name or likeness in the manner contemplated by the Services and these Terms of Use, and each such person has released You and RealCheeky, LLC from any liability that may arise in relation to such use; (b) Your Data and RealCheeky, LLC’s use thereof as contemplated by these Terms of Use and the Services will not violate any law or infringe any rights of any third party, including but not limited to any copyrights, trademarks, service marks or other intellectual property rights, publicity rights, or privacy rights; (c) RealCheeky, LLC may exercise the rights to Your Data granted under these Terms of Use without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (d) all of Your Data and other information that You provided to RealCheeky, LLC is truthful and accurate.

RealCheeky, LLC reserves the right to change, condense or delete any content, information, or materials available with or used in connection with the Services (including Your Data) that RealCheeky, LLC deems, in its sole discretion, to violate any provision of these Terms of Use.

In the event You delete any account or portion thereof within the Services, You shall contact RealCheeky, LLC immediately at

info@RealCheeky.com

.
RealCheeky, LLC shall not have any liability for any lost content or Your Data in the event You delete any account or portion thereof within the Services, and such instances shall not constitute a breach of these Terms of Use.

Does RealCheeky, LLC monitor the Services?

RealCheeky, LLC shall have the right to monitor use of the Services to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason in accordance with applicable law, and to use data collected therefrom for any other purposes.
Notwithstanding these rights, You remain solely responsible for the content of Your Data.

How is information kept confidential?

You will treat and hold all confidential, commercially sensitive, proprietary, and/or non-public information (“Confidential Information”) received from RealCheeky, LLC in strict confidence and will not use or disclose to anyone any of the information except as otherwise expressly permitted by these Terms of Use.

The term “Confidential Information” shall include PII, all user logins and passwords, RealCheeky, LLC Intellectual Property, the API Feature Set, RealCheeky, LLC Software, the Services and their features, functionality, workflow, algorithms, screen displays and methods, system updates and all documentation relating thereto.

Any information provided by RealCheeky, LLC through the Services shall be considered Confidential Information of RealCheeky, LLC.

Upon termination, cancellation or expiration of these Terms of Use for any reason whatsoever, or at RealCheeky, LLC’s request at any time, you shall return to RealCheeky, LLC all Confidential Information or RealCheeky, LLC’s option, destroy such information.

You shall not promote or publicly disclose or link the Internet address or location of the Services in any manner, including on any web sites without the prior written consent of RealCheeky, LLC.

Am I responsible for reviewing information?

Information published and disseminated by RealCheeky, LLC or the Services is communicated without review, editing or change by RealCheeky, LLC, as provided to the Site, Services or RealCheeky, LLC by You or third parties.

RealCheeky, LLC has no obligation to verify the information provided and disclaims any responsibility for its accuracy and You use the same at your own risk.

You agree to defend, indemnify and hold harmless RealCheeky, LLC and its employees, officers, agents, and directors from and against any liability arising from any inaccuracy or inadequacy of the information You provide.

What is RealCheeky, LLC’s Intellectual Property?

You shall not contest or otherwise challenge: (a) RealCheeky, LLC’s designation of its Confidential Information as trade secrets and commercially sensitive and confidential and proprietary information; or (b) RealCheeky, LLC’s ownership of the Confidential Information, the Services, the Site, the API Feature Set, RealCheeky, LLC Software, Feedback (as defined below), and of all copyrights, patents, trade secrets, service marks, trademarks, proprietary rights, domain name registrations, and other intellectual property rights therein and arising therefrom (collectively, the “RealCheeky, LLC Intellectual Property”).

RealCheeky, LLC is the owner of all RealCheeky, LLC Intellectual Property and no title or ownership of the Confidential Information or RealCheeky, LLC Intellectual Property is transferred to You by way of these Terms of Use.

Except for the express limited rights granted to You to use the Site and Services set forth above, no other rights, whether express or implied, are granted to You, and are reserved to and retained by RealCheeky, LLC.

You agree that any feedback, suggestions, improvements, enhancements, input and/or feature requests relating to the Site or Services provided by You to RealCheeky, LLC (“Feedback”) shall be owned solely by RealCheeky, LLC, shall be included as part of the RealCheeky, LLC Intellectual Property, and RealCheeky, LLC shall be free to exploit and/or incorporate such Feedback in connection with the Services, Site and/or RealCheeky, LLC’s business.

Do I receive any warranties from RealCheeky, LLC?

THESE TERMS OF USE ARE A CONTRACT FOR SERVICES AND NOT FOR THE SALE OF GOODS.
THE SITE AND SERVICES (INCLUDING THE API FEATURE SET AND ANY REALCHEEKY, LLC SOFTWARE) ARE PROVIDED “AS IS” WITH “ALL FAULTS” AND WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED.

YOUR USE OF THE SITE AND SERVICES, API FEATURE SET AND REALCHEEKY, LLC SOFTWARE IS VOLUNTARY AND ENTIRELY AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR MAINTAINING AN INDEPENDENT MEANS EXTERNAL TO THE SITE AND SERVICES FOR THE BACKUP AND RECONSTRUCTION OF ANY LOST OR INCORRECT OR DAMAGED DATA OR YOUR DATA.

REALCHEEKY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

REALCHEEKY, LLC DOES NOT WARRANT THAT THE SITE, SERVICES, API FEATURE SET OR REALCHEEKY, LLC SOFTWARE OR THEIR FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, WITHOUT DELAYS, WITHOUT LOSSES OF DATA OR INFORMATION OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, SERVICES, API FEATURE SET OR REALCHEEKY, LLC SOFTWARE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, INFECTIONS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

REALCHEEKY, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SITE OR SERVICES IN TERMS OF ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, RELIABILITY OR OTHERWISE.
THE SITE, SERVICES, API FEATURE SET AND/OR REALCHEEKY, LLC SOFTWARE MAY INCLUDE ERRORS AND MAY BE CHANGED OR MODIFIED AT ANY TIME.
YOU, AND NOT REALCHEEKY, LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE, SERVICES, API FEATURE SET AND/OR REALCHEEKY, LLC SOFTWARE.
REALCHEEKY, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE SITE, SERVICES, API FEATURE SET AND/OR REALCHEEKY, LLC SOFTWARE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS.
THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

REALCHEEKY, LLC RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE, SERVICES, API FEATURE SET AND/OR REALCHEEKY, LLC SOFTWARE OR ANY PART THEREOF, WITH OR WITHOUT NOTICE.

WHAT ARE THE LIMITS AND EXCLUSIONS ON LIABILITY AND DAMAGES?

NOTWITHSTANDING ANY PROVISION OF THESE TERMS OF USE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL:

REALCHEEKY, LLC OR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE OR SIMILAR DAMAGES; ANDTHE TOTAL, COMPLETE AND COLLECTIVE LIABILITY OF REALCHEEKY, LLC AND ALL OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS AND DIRECTORS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE SITE, THE SERVICES, API FEATURE SET AND/OR REALCHEEKY, LLC SOFTWARE IN ANY EVENT EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

EACH AND ALL OF THE TERMS, PROVISIONS AND LIMITATIONS SET FORTH ABOVE IN THIS SECTION SHALL APPLY: (A) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, STATUTORY OR OTHERWISE; (B) EVEN IF ANY ONE OR MORE REMEDIES PROVIDED IN THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE; AND (C) EVEN IF REALCHEEKY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

What indemnities do I make to RealCheeky, LLC?

You agree to defend, indemnify and hold harmless RealCheeky, LLC and each of its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, contractors, officers and directors from and against any actual or threatened claims, damages, liabilities, demand, judgments, awards, costs and expenses including reasonable attorneys’ fees, due to, arising out of or relating to: (a) Your Data, or Your use of the Site, Services, or RealCheeky, LLC Software; (b) Your submissions, posts or transmissions through the Services, including without limitation, Your Data; (c) Your breach or other violation of any of these Terms of Use or any representations, warranties or covenants made herein; (d) Your violation of any rights of any content owner or provider; (e) any violation of the obligations of confidentiality and privacy as set forth in these Terms of Use; (f) any claim by RealCheeky, LLC Client or a Third Party Resource arising out of or relating to Your use of the Services or the Site or any agreements or disputes between You and any RealCheeky, LLC Client or Third Party Resource; and/or (g) any other obligations of indemnity, defense or hold harmless set forth elsewhere in these Terms of Use.

The foregoing obligations of indemnity, defense and hold harmless shall apply whether Your acts or omissions were intentional, negligent or reckless.

How and where will disputes be resolved?

These Terms of Use shall be construed and the legal relations between the parties determined in accordance with the laws of the State of Delaware.

The Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply to these Terms of Use.
Any dispute, controversy or claim arising out of or relating to the Services or the Site or these Terms of Use, or their negotiation, performance, execution or breach, shall be settled exclusively by arbitration in accordance with the Rules of the American Arbitration Association (“AAA”).
The arbitration and all proceedings shall take place in Monterey, California before a single arbitrator selected by the parties in accordance with the AAA rules; however, the arbitrator shall have no less than ten (10) years’ experience in computer law and commercial matters.
The decision of the arbitrator shall be final and binding and judgment upon the award rendered by the arbitrator shall be entered in any court having jurisdiction thereof.
All proceedings, the decision and submissions made in connection with the arbitration shall be confidential.

With respect to all disputes arising in relation to these Terms of Use, but subject to the preceding arbitration provisions in this section, the parties consent to exclusive jurisdiction and venue in the state of Monterey CA or federal courts located in Wilmington, Delaware.
In any dispute arising out of or relating to these Terms of Use, the prevailing party shall receive an award of its reasonable attorneys’ fees and costs in any proceeding, including on appeal and enforcement.

AM I WAIVING RIGHTS TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL?

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND REALCHEEKY, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM OR CROSS-CLAIM BROUGHT BY REALCHEEKY, LLC OR YOU, AND ARE ALSO WAIVING THE RIGHT TO PARTICIPATE IN OR BE REPRESENTED IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

How does RealCheeky, LLC Cooperate with Law Enforcement?

RealCheeky, LLC reserves the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing RealCheeky, LLC to disclose any Your Data, or any other content, data, information, the identity of anyone posting content or using the Site or Services or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THESE TERMS OF USE, YOU WAIVE, RELEASE AND HOLD REALCHEEKY, LLC HARMLESS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY REALCHEEKY, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER REALCHEEKY, LLC OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.

May I transfer this Agreement?

The use of the Services and grants by RealCheeky, LLC hereunder are personal to You and may not be assigned, sub-licensed or transferred, in whole or in part, by You, whether by agreement, operation of law, sale, merger, reorganization or change of control of Your company or business.

Any assignment or transfer in violation of this section shall be void and of no force or effect and shall constitute a material breach of these Terms of Use.

How do I contact or send notice to RealCheeky, LLC?

RealCheeky, LLC may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on the Site or in the Services, as determined by RealCheeky, LLC in our sole discretion.
RealCheeky, LLC reserves the right to determine the form and means of providing notifications to You.

RealCheeky, LLC is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address You provide us.

All notices, requests or demands to RealCheeky, LLC shall be delivered in writing and shall be deemed given only if delivered personally or sent via overnight delivery to RealCheeky, LLC’s mailing address.
Any legal notice sent by You to RealCheeky, LLC must also be emailed to

info@RealCheeky.comcom

Please contact us at info@RealCheeky.com with any questions regarding these Terms of Use.

Copyright Disputes

In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement.
We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements.If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the RealCheeky, LLC’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.Identification of works or materials being infringed.Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that RealCheeky, LLC, can find and verifying its existence. Contact information about the notifier including address, telephone number and, if available, email address.A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; andA statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:remove or disable access to the infringing material; notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and terminate such content provider’s access to the Services if he or she is a repeat offender.Procedure to Supply a Counter-Notice to the Designated Agent.If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:A physical or electronic signature of the content provider.Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; andContent provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which RealCheeky, LLC, LLC is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, RealCheeky, LLC, may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at RealCheeky, LLC, LLC’s discretion.

Please contact Company’s Designated Agent at the following address:

RealCheeky, LLC, LLC

Attn: Copyright Agent

5030 Ruby Flats Dr

Wimauma, FL 33598

What other terms and conditions apply to this Agreement? No Waiver.
The failure or delay of any party in exercising any of its rights hereunder, including any rights with respect to a breach or default by the other party, shall in no way operate as a waiver of such rights or prevent the assertion of such rights with respect to any later breach or default by the other party.
No party shall be deemed to have waived any rights under these Terms and Conditions by any action or inaction unless an express waiver is set forth in writing.
The waiver of one breach hereunder shall not constitute the waiver of any other or subsequent breach.

Entire Agreement and Sever-ability. These Terms of Use (together with any other agreement entered into between You and RealCheeky, LLC contemporaneously herewith) constitute the entire, complete and only agreement between the parties regarding the subject matter contained herein and supersedes all proposals or prior agreements, whether oral or written, and all other communications between the parties relating to this subject matter.
Any modification of any term or condition of these Terms of Use shall be effective only if in writing and signed by authorized representatives of all parties.
No other act, usage or custom shall be deemed to modify these Terms of Use.
Whenever possible, each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law.

However, if any provision of these Terms of Use or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible.
Otherwise, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of these Terms of Use or the application of the provision to the other parties or other circumstances.

Relationship of the Parties. These Terms of Use do not constitute and shall not be construed as constituting a partnership, agency or joint venture between any of the parties.
These Terms of Use shall not be construed as authority for any party to act for any other party in any agency or other capacity or to make commitments of any kind for the account of or on behalf of the other.

Headings and Interpretation. The use in these Terms and Conditions of the word “including” will mean “including, without limitation.”
The words “hereby,” “herein,” “hereinafter,” “hereof,” “hereto,” “hereunder,” and other words of similar import refer to these Terms of Use as a whole, as the same may be altered, amended, modified, repealed, restated and/or supplemented in accordance with the provisions contained in these Terms of Use, and not to any particular article, clause, paragraph section, subparagraph or subsection contained in these Terms of Use.
All references to articles, clauses, paragraphs, sections, subparagraphs, and subsections will mean the articles, clauses, paragraphs, sections, subparagraphs and subsections contained in these Terms of Use, except as otherwise expressly provided in these Terms of Use.
The title of and the article, section and paragraph headings contained in these Terms of Use are for convenience of reference only and will not affect or govern the interpretation of any of the provisions contained in these Terms of Use.

The use of the singular form of a definition or term also will denote the plural forms of such definition or term, and vice-versa, as in each case the context may require.
Where specific language is used to clarify by example a general statement contained in these Terms of Use, such specific language will not be deemed to limit, modify or restrict in any manner the construction of the general statement to which it relates.
Should any provision of these Terms of Use require interpretation, the body or entity interpreting or construing these Terms of Use shall not apply a presumption that the terms hereof shall be more strictly construed against the party who itself or through its agents, prepared the document.

There are no third party beneficiaries to these Terms and Conditions, whether express or intended.