Terms & Conditions

Last updated July 30, 2024

Agreement to our legal terms

We are RESMS, a Real Estate SMS Marketing Service (“Company,” “we,” “us,” or “our”).

We run this business and all of its connected goods and services (together referred to as the “services”) that use these legal terms (the “legal terms”).

Our mailing address is 1000 N West Street Suite 1281-122, Wilmington, DE 19801, and our email address is [email protected].

You and RESMS have entered into this legally binding agreement about using the services, which applies to individuals and entities (“you”). When you access the services, you acknowledge that you have studied, analyzed, and approved their legality. 

If you do not agree to all of these legal terms, you are hereby forbidden from using the services and required to discontinue use immediately.

Any other materials or terms that may be placed on the services at any given time are hereby incorporated herein by reference. These legal terms are subject to change at any moment and for any cause at our absolute discretion. You give up the right to receive individual notice of each modification. 

However, we will let you know when these legal terms are changed by revising the “Last updated” date. You should check these legal terms regularly to see if there have been any changes. If you continue to use the services after the day the amended legal terms are posted, you will be bound by those changes and will be considered to have been informed of and accepted them.

Please print this legal terms document for your records.

1. OUR SERVICES

No information you provide while using our services will be shared with any third party in any way that would violate local laws or regulations or require us to register with any government agency in any jurisdiction where you are located. Therefore, it is the user’s responsibility to comply with any relevant local laws while using services from other areas.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

Everything you see, hear, read, write, do, and see on our services (the “content”), including all databases, code, functionality, software, website designs, trademarks, service marks, logos, and audio and video clips included within (the “Marks”), belongs to us or to someone who has licensed it.

The United States and international copyright, trademark, and unfair competition laws and treaties protect our content and trademarks. The services and any content included therein are offered “AS IS” and are intended only for your non-commercial, personal, or internal company use.

Your use of our services

  • Our “Prohibited Activities” section and the other legal terms govern your use of this license, which we now revocably and non-exclusively give to you.
  • Use the products, and you are authorized to view the content. You may download or print off a copy of any part of it.
  • Only for internal company usage or personal, non-commercial purposes.
  • Except as provided in this section and other places in our legal terms, you are not permitted to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any portion of the services or any content or marks for any kind of commercial endeavor.

Unless otherwise specified in our legal terms, you may not utilize the services, content, or Marks in any way. To seek permission to do so, please contact [email protected].

Imagine that we authorize you to share, copy, or exhibit our services or content to the public. Posting, duplicating, or displaying our content requires you to attribute it to us as the owners or licensors of the services, content, or marks. Additionally, you must ensure that any copyright or proprietary notice is apparent.

Unless otherwise stated, we retain full ownership of the services, content, and trademarks.

Your permission to use our services will be promptly terminated if you violate these intellectual property rights, which would be considered a serious violation of our legal conditions.

Your Submissions

This section, together with the “Prohibited Activities” section, should be read thoroughly before you use our services. It explains the (a) rights you grant us and (b) your duties when you upload or publish material using the services.

Submissions 

Your direct submission of any inquiry, review, remark, idea, recommendation, or other information about the services (“submissions”) constitutes an assignment of all intellectual property rights to us. Without your notice or compensation, you acknowledge and agree that we will own this Submission and have the right to use and distribute it freely for any legal purpose, whether commercial or otherwise.

When you submit content to the service in any way, shape, or form, you agree to the following – terms and conditions:

  • You are acknowledging that you have read and agree to the following “prohibited activities” and that you will not use the services to submit any content that violates these terms in any way: it must not be unlawful, harmful, defamatory, obscene, bullying, abusive, discriminatory, sexually explicit, misleading, or inaccurate.
  • as far as the law allows, relinquish all moral claims to the Submission;
  • You declare that all submissions are either your creations or that you own all required licenses and rights to submit them and that you are fully authorized to give us the rights listed above regarding your submissions.
  • Affirm that your content does not include proprietary or secret information.

You acknowledge that your contributions are entirely at your own risk and will compensate us for any damages caused by your violation of:

  1.  The intellectual property rights of any third party
  2. Any legislation that may be in effect.

3. USER REPRESENTATIONS

By signing below, you confirm that you are at least 18 and can legally enter into this agreement. You also affirm that you will not use the services for any unlawful or unauthorized purpose, that you are not a minor in your jurisdiction, that you will not access the services using any automated or non-human means (such as a script or bot), and that your use of the services will not violate any law or regulation.

Imagine for a second that you provide data that is incorrect, outdated, or missing critical information. If this occurs, we have the right to deactivate or delete your account and prohibit you from using the services going forward.

4. PROHIBITED ACTIVITIES

You are not authorized to access or use our services except for the indicated purpose. You cannot use the services for any commercial purposes unless we give you definite approval.

You, the user, covenant not to:

  • Collecting information from the services systematically to create a database, collection, or directory, directly or indirectly, requires our explicit written consent.
  • In particular, while trying to get sensitive account information like passwords, you must not deceive, cheat, or mislead us or other users.
  • Disable, bypass, or otherwise tamper with security-related aspects of the services, such as those that limit or prohibit the use or copying of material or services and/or content included within.
  • Discredit, discredit us, or damage the services in any way, as we see it.
  • Harass, abuse, or damage another individual using any information gathered from the services.
  • Publish unfounded allegations of wrongdoing, abuse, or misuse of our assistance services.
  • Follow any rules or restrictions that do not follow your country’s laws while using the services.
  • Frame or link to the services without permission.
  • You are barred from uploading or transferring malware, Trojan horses, or any other material that could potentially interrupt, alter, modify, or interfere with the operation, functions, characteristics, or maintenance of the services. This encompasses the continuous posting of repetitive text, pestering, or an excess of capital letters.
  • Use the system automatically, whether that’s via data mining, robots, scripts to send comments or messages, or something comparable.
  • Eliminate any information that includes a notice of copyright or other property rights.
  • Use another user’s account or attempt to pass yourself off as another user.

This includes but is not limited to clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, and other similar devices (sometimes called “spyware” or “passive collection mechanisms” or “PCMS”). Uploading or transmitting any content that functions as an active or passive collector or transmitter of information is prohibited.

  1. Do anything that might cause the services or the networks and services linked to them to be interrupted, damaged, or overloaded.
  2. Do not irritate, threaten, intimidate, or harass any of our agents or employees who provide you with services.
  3. Attempt to circumvent the services or any part of their security measures meant to prohibit or limit access.
  4. Modify or copy the services’ code, which may be in Flash, PHP, HTML, JavaScript, or another language.
  5. Unless it is legal, use any method to interpret, decompile, disassemble, or reverse engineer the software component of the services.
  6. Unless it’s the natural outcome of using a web browser or search engine, you may not use, launch, develop, or distribute any script, unauthorized software, or automated system that accesses the services. This includes, but is not limited to, spiders, robots, cheat utilities, scrapers, or offline readers.
  7. When making a purchase via the services, use a buying agent.
  8. Create user accounts automatically or under pretenses; use the services in any way not approved by us; gather user usernames and/or email addresses to send unsolicited emails.
  9. Do not use the services in any way that might put us at a competitive disadvantage or to generate income for your own business.

5. USER GENERATED CONTRIBUTIONS

There is no option for users to upload or publish material on the services. Your “contributions” can include anything from text to videos, audio, photos, graphics, comments, suggestions, personal information, and more. 

We may offer you the chance to create, submit, post, display, transmit, perform, publish, distribute, or transmit content and materials to us or on the services.

Other service users and visitors to third-party websites can access your contributions. By making a contribution or making it accessible, you are stating and guaranteeing it.

6. CONTRIBUTION LICENSE

  • By using our services, you consent to us collecting, storing, handling, and utilizing any information you provide, as well as any settings you may have made.
  • By providing comments, exhortations, or other feedback about the services, you give us permission to use such information for whatever we want without having to pay you anything in return.
  • Your contributions are not our property. You are the only rightful owner of your
  • contributions and any related intellectual property or proprietary rights. No part of the services, including your contributions, will subject us to liability for any claims or statements you make. 
  • Your contributions to the services are entirely at your own risk, and by using the services, you confirm that you will not hold us liable and will not take legal action against us in relation to your contributions.

7. SERVICE MANAGEMENT

We have the right, but not the obligation, to: 

(1) Monitor the services for violations of these legal terms

(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these legal terms, including reporting such user to law enforcement authorities.

(3) Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or portions thereof

(4) Remove or disable any files or content that is excessively large or otherwise burdensome to our systems without limitation, notice, or liability.

5) Manage the services in a way that protects them.

8. TERM AND TERMINATION

Throughout your use of the services, these legal terms will be fully effective. We reserve the right to deny access to and use of our services to anyone, at our sole discretion, without notice or liability, for any reason or no reason, including breaches of any representations, warranties, or covenants in these legal terms or any applicable laws or regulations. 

We can terminate your use of the services or delete any content or information you posted at any time, without warning, at our sole discretion. You are not allowed to register and create a new account under your name, a false or borrowed identity, or the name of any third party, even if you are acting on their behalf if we suspend or cancel your account for any reason. 

We may also suspend or delete your account and pursue any necessary legal action, including civil, criminal, and injunctive remedies.

9. MODIFICATIONS AND INTERRUPTIONS

At any moment and for any reason, without prior warning, we may alter, alter, or eliminate any part of the services. Nevertheless, we are under no obligation to revise the content of our services. If the services are altered, priced, suspended, or discontinued, we will not be held responsible to you or any other person.

We make no promises about the availability of the services. Interruptions, delays, or mistakes may occur as a consequence of hardware, software, or other issues, or as a result of maintenance that is necessary for the services. Without prior notice, we may make changes to the services, including but not limited to updates, suspensions, discontinuations, or revisions.

While using our services, you understand and agree that we are not responsible for any loss, damage, or inconvenience that may occur due to maintenance or unavailability of our services. Nothing in these legal terms obligates you to maintain and support the services or offer any necessary adjustments, updates, or releases.

10. GOVERNING LAW

The laws of the state of Delaware shall control and define these legal terms. RESMS and you irrevocably agree that the Delaware courts shall have exclusive jurisdiction over any dispute arising from or relating to these legal terms.

11. DISPUTE RESOLUTION

Informal Negotiations

To resolve any disagreement or claim that may arise from these legal terms more quickly and at a lower cost, we (the “Parties”) agree to try to resolve any dispute (except the disputes listed below) through informal negotiation for a minimum of 30 days before resorting to arbitration. The parties will enter into these informal conversations after one party provides written notification to the other.

Binding Arbitration

By taking it to the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146), any dispute that comes up because of or is related to these legal terms will be finally settled according to the rules of this ICAC. This includes any question about their existence, validity, or termination. There will be a panel of three arbitrators. Brussels, Belgium, will serve as the arbitration seat. Throughout the sessions, English will be used. The substantive laws of Delaware, USA, shall govern these legal terms.

Restrictions

Each party’s dispute with the other must be the exclusive subject of any arbitration. No arbitration shall be joined with any other proceeding to the extent law permits. No Dispute may be arbitrated on a class-action basis or use class-action procedures. No dispute may be brought in a purported representative capacity on behalf of the general public or any other person.

Exceptions to Informal Negotiations and Arbitration

Some disputes do not have to follow the rules about binding arbitration and informal negotiations. These are: 

  1. Disputes about a party’s intellectual property rights or how to enforce or protect them
  2. Disputes about theft, piracy, invasion of privacy, or unauthorized use
  3. Claims for injunctive relief. If this provision is deemed illegal or unenforceable, neither party will choose to have any dispute resolved by arbitration. Instead, a court with appropriate jurisdiction within the courts above will decide any disputes involving this provision, and the parties will submit to the personal jurisdiction of that court.

12. CORRECTIONS

The services may include descriptions, prices, availability, and other information that is inaccurate, incomplete, or includes typographical mistakes. We have the right to alter or update the information on the services and to fix any mistakes, inaccuracies, or omissions without warning you in advance.

13. DISCLAIMER

Services are offered “as-is” and “as-available.” Using the services runs a personal risk for you. We disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular use, and non-infringement, to the fullest extent permissible by law. 

We provide no assurances for the completeness or accuracy of the content of any websites or mobile apps connected to the services or the content of the services themselves. We are not liable for any 

  • errors or inaccuracies in content
  • personal injury or property damage from your use of the services
  • Unauthorized access to our secure servers or your personal/financial information
  • Interruptions in service
  • Bugs, viruses, or harmful elements transmitted through the services by third parties
  • Errors or omissions in content. We do not support or accept responsibility for any third-party items or services promoted via the services, connected websites, or mobile applications, and we are not in charge of monitoring transactions between you and third-party providers. Always use your best judgment and proceed with care while making transactions.

14. LIMITATIONS OF LIABILITY

We, our directors, employees, and agents, shall not be held accountable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages that result from your use of our services. This is true regardless of whether we have been informed of the potential for such harm.

Our liability to you will always be limited to the lesser amount of what you have paid us, if anything. Some U.S. state and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so these limitations may not apply to you.

15. INDEMNIFICATION

The parties involved, including our subsidiaries, affiliates, and all of our officers, agents, partners, and employees, are fully protected from any third-party claim, demand, loss, damage, liability, claim, or expense that may result from any of the following:

  1. Your interaction with the services
  2. Your violation of these legal terms
  3. Your failure to uphold the promises and assurances made by you in these legal terms
  4. Your conduct against another Service user
  5. Any violation of the rights of a third party, including intellectual property rights
  6. Any detrimental behavior against that user. 

In any claim requiring indemnification, we reserve the right to manage the defense and investigation independently of anything previously said.

In addition to being required to assist in the defense of these claims, you will also be requested to pay for our services. If we become aware of any claim, action, or procedure subject to this indemnification, we will try to tell you as soon as possible.

16. USER DATA

We will store information about how you use the services and information you send to them so that we can control their operation. While we do our best to back up your data regularly, you should know that you are entirely liable for any data you submit or associated with using the services. 

Please be informed that if such data is lost or corrupted, we will not be held liable to you. By waiving any potential legal action against us, you are expressing your agreement to this.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Electronic communications occur when you visit the services, contact us, and fill out online forms. You agree that any agreements, notices, disclosures, and other communications we make to you electronically, via email, and on the services meet any legal requirement that communications be in writing. 

By using our services, you agree to electronic signatures, contracts, orders, records, notifications, policies, and transaction records. You waive any claims or duties under any jurisdiction that require physical delivery or keeping of non-electronic documents, payments, or credits.

18. MISCELLANEOUS

This agreement and understanding comprise these legal terms and any operational rules or policies we publish on or about the services. Any right or term of these legal terms we do not execute or enforce will not be waived. The extent of the law’s permissible validity applies to these legal terms. 

We may transfer our rights and responsibilities to another party at any moment. We are not responsible or liable for any delay, harm, loss, or failure to act due to an external cause. If any provision or portion of a provision is found to be illegal, invalid, or unenforceable, the validity and enforceability of the other sections of these legal terms will not be affected; instead, that provision or portion is considered severable from the rest of these legal terms. 

By using the services or agreeing to these legal terms, you and we do not enter into any partnership, joint venture, employment, or agency arrangement. The fact that you have prepared these legal terms does not mean they may be used against us. By agreeing to these legal terms electronically, you are giving up any claim you may have over the absence of a signature or other physical signature on these terms.

19. CONTACT US

If you have any questions or concerns about the services or would like us to address them, email [email protected].Agreement to our legal terms