Terms and Conditions
Agreement between User and www.RealtyAce.com
Welcome to www.RealtyAce.com. The www.RealtyAce.com website (the “Site”) is comprised of various web pages operated by Realty Ace, LLC (“Realty Ace, LLC”). www.RealtyAce.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.RealtyAce.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.RealtyAce.com is an E-Commerce Site.
The site provides relevant real estate information to potential and existing clients and customers.
Visiting www.RealtyAce.com or sending emails to Realty Ace, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Realty Ace, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Realty Ace, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Realty Ace, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.RealtyAce.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.RealtyAce.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Realty Ace, LLC and Realty Ace, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Realty Ace, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Realty Ace, LLC of the site or any association with its operators.
Certain services made available via www.RealtyAce.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.RealtyAce.com domain, you hereby acknowledge and consent that Realty Ace, LLC may share such information and data with any third party with whom Realty Ace, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.RealtyAce.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Realty Ace, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Realty Ace, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Realty Ace, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Realty Ace, LLC or our licensors except as expressly authorized by these Terms.
Digital Millennium Copyright Act (“DMCA”)
Realty Ace, LLC respects the intellectual property rights of others and expects you to do the same. Per the DMCA, Realty Ace, LLC will respond expeditiously to claims of copyright infringement on the Site if submitted to Realty Ace, LLC’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Realty Ace, LLC will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by Realty Ace, LLC or by a third party who has uploaded materials to the Site, please provide the following information to Realty Ace, LLC’s designated Copyright Agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where Realty Ace, LLC can contact you and, if different, an e-mail address where the alleged infringing party, if not Realty Ace, LLC, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
f. Your electronic or physical signature.
Realty Ace, LLC may request additional information before removing any allegedly infringing material. In the event Realty Ace, LLC removes the allegedly infringing materials, Realty Ace, LLC will immediately notify the person responsible for posting such materials that Realty Ace, LLC removed or disabled access to the materials. Realty Ace, LLC may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
Realty Ace, LLC reserves the right to terminate, limit or suspend any user’s access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact Realty Ace, LLC’s Copyright Agent. Please include sufficient information to assist Realty Ace, LLC in determining that the user repeatedly engaged in infringing activity.
Realty Ace, LLC”s registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Realty Ace, LLC’s designated Copyright Agent is:
Edward H. Triboski Jr.
Realty Ace, LLC
68 Plantation Road
Oxford, Massachusetts 01540
Third Party Accounts
You will be able to connect your Realty Ace, LLC account to third party accounts. By connecting your Realty Ace, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Realty Ace, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Realty Ace, LLC Content accessed through www.RealtyAce.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Testimonials, Endorsements and Client Experiences
Written testimonials, endorsements and client experiences are taken from “after the sale” surveys, written thank you cards/notes, verbal communications or emails.
Video Testimonials, Endorsements and Client experiences
The video testimonials, endorsements and client experiences are recreated from actual client experiences and communicated to Ed Triboski and/or Realty Ace, LLC through “after the sale” written surveys, written thank you notes, emails, verbal communications and real events. The people used in the videos represent the commitment to diversity and “Equal Housing Opportunity” that Ed Triboski and Realty Ace, LLC share.
You agree to indemnify, defend and hold harmless Realty Ace, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Realty Ace, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Realty Ace, LLC in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REALTY ACE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
REALTY ACE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. REALTY ACE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Realty Ace, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Realty Ace, LLC as a result of this agreement or use of the Site. Realty Ace, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Realty Ace, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Realty Ace, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Realty Ace, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Realty Ace, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Realty Ace, LLC reserves the right, in its sole discretion, to change the Terms under which www.RealtyAce.com is offered. The most current version of the Terms will supersede all previous versions. Realty Ace, LLC encourages you to periodically review the Terms to stay informed of our updates.
Realty Ace, LLC welcomes your questions or comments regarding the Terms:
Realty Ace, LLC
68 Plantation Road
Oxford, Massachusetts 01540
Effective as of November 13, 2017