This is a legal agreement. We’ll start with the basics, including a few definitions to help you understand this agreement. Realvolve (“Realvolve” or the “Service”) is an electronic CRM service offered through the URL https://www.realvolve.com (the “Website”). Realvolve allows you to create and manage contacts, properties, transactions, documents and tasks, send and manage email messages (each an “Email”), and send SMS messages to a list of email addresses and phone numbers. Realvolve is owned and operated by Realvolve, Inc., a Delaware corporation (“Realvolve”, “we”, or “us”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”). These Terms of Use (these “Terms”) define the terms and conditions under which you’re allowed to use Realvolve.

Account

1. Eligibility

By using Realvolve, you represent and warrant that you meet all the requirements listed above, and that you won’t use Realvolve in a way that violates any laws or regulations. Realvolve may refuse service, close accounts, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up with Realvolve and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Realvolve on behalf of a company, brokerage or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You may terminate your subscription with a written notice of cancellation by emailing support@realvolve.com at least 14 days prior to the next renewal date. If a monthly account is charged, that charge will not be eligible for a refund, and your account will be closed at the end of the current billing cycle.

Realvolve may suspend our Service to you at any time, with or without cause. If your account is terminated, we may permanently delete all the data associated with it, including your contacts, listings, escrows, emails and SMS number from our Website. Excluding Lifetime Accounts, if you do not log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

4. Changes

We reserve the right to change any of the Terms by posting the revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10)days, these new Terms will be effective immediately.

5. Charges

A valid credit card is required for all accounts. The Service is billed in advance based on your elected billing period. Annual billing can occur before or after your renewal date based on batched bill runs.

If you are unsatisfied with your purchase, new customers may be eligible for a refund within 14 calendar days of the initial purchase date. In order to be eligible, you must complete Realvolve’s course-based learning curriculum, and the refund must be requested in writing to support@realvolve.com. Refunds may be processed within 90 days of the refund request. There are no refunds or credits for used services, partial months of service, upgrade/downgrade, add-on products purchased after the initial sign up and purchase of subscription, or prorations for months unused with an open account. To treat everyone equally, no exceptions can be made.

For any upgrade in your subscription level or user seats, the credit card on file with your account will automatically be charged a pro-rated amount when applicable, and the new rate will be charged in its entirety on your next billing cycle. For all downgrades, a credit will be applied to your account which can be applied to future renewals. There are no refunds for downgrades, and there will be no refunds issued for remaining credits at the time of account cancellation or closure. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Realvolve does not accept any liability for such loss.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

6. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for the use of any account that you have access to, whether or not you authorized it. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

Rights

7. Proprietary Rights Owned By Us

You shall respect our proprietary rights in the Website and the software used to provide Realvolve. Proprietary rights include, but are not limited to, any patents, trademarks, service marks and copyrights.

The look and feel of the Service is ©2012-2019 Realvolve, Inc., a Delaware corporation. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Realvolve.

8. Proprietary Rights Owned By You

You represent and warrant that you either own or have permission to use all of the material in your Emails, Documents and Files. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

9. Privacy Policy

You agree that we may access, collect, use and disclose your information as described in our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

10. Right to Review Sent Email, Facebook, Twitter and SMS messages

We may view, copy and internally distribute content from your communications and account to develop algorithms and programs ("Tools") that help us spot problem accounts. We may use these Tools to find Members who violate these Terms or applicable law.

Rules and Abuse

11. General Rules

You promise to follow these rules:

You won’t send Spam! By “Spam,” we mean the definition on the Spamhaus website. You won’t use purchased, rented, or third-party lists. You won’t violate our Acceptable Use Policy, which is part of this Agreement. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only provided to paying account holders and is only available via email.

You understand that Realvolve uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Realvolve, or any other Realvolve service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Realvolve.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Realvolve customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Realvolve) of other Realvolve customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

Realvolve does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Realvolve shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Realvolve has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of Realvolve to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

The Terms of Service constitutes the entire agreement between you and Realvolve and govern your use of the Service, superceding any prior agreements between you and Realvolve (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to support at Realvolve dot com.

12. Bandwidth/Abuse Throttling

You may only use our bandwidth for your Realvolve emails, and we may throttle your sending at our discretion.

13. Compliance with Laws

You represent and warrant that your use of Realvolve will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws.

If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Realvolve and collecting information from sending Emails, you:

Will clearly describe in writing how you plan to use any data collected, including for your use of Realvolve. You’ll get express consent to transfer data to Realvolve as part of this process, and you’ll otherwise comply with whatever privacy policy you have posted.

Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Realvolve.

Have collected, stored, used and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow Realvolve to receive and process data and send communications to that individual on your behalf.

Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

European Economic Area (EEA)

This section applies to people who are sending to or from the European Economic Area. The EEA includes countries that are part of the European Union, plus Iceland, Liechtenstein and Norway.

14. U.S. Export Controls

The software that supports the Services (the "Software") is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.

15. Reporting Violations

If you become aware that anyone is violating any of the Terms of this Website, please notify us immediately.

Liability

16. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Website and the Services, including any downloads from the Website. We won’t be liable for any indirect, punitive, special or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

17. No Warranties

*To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose. *

18. Indemnity

You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that aren’t permitted under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from claims by third parties that you or someone using your password behaved in a way that, if true, would violate any of these Terms.

19. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney's fees and any damages or other relief we may be awarded.

20. Disclaimers

We disclaim and aren’t responsible for the behavior of any advertisers, linked websites or other Members.

21. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

22. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs.

Fine Print

23. Notice to U.S. Government End Users

The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:

• only as Commercial Items,
• with the same rights as all other end users, and
• according to the Terms
• Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Realvolve, Inc., a Delaware corporation, 1951 Clark Avenue, Raleigh, Wake County, North Carolina 27605

24. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

25. Choice of Law

The State of North Carolina’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Fulton County, Georgia, and each party will be subject to the jurisdiction of those courts.

26. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

27. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability and Entire Agreement.

28. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

29. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

30. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

31. No Changes in Term at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

32. Further Actions

You’ll provide all documents and take all actions that are necessary to meet your obligations under these Terms.

33. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your Email distribution lists (each a "List"), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

34. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Terry Carlton, Esq., 1951 Clark Avenue, Raleigh, NC, 27605, or any addresses as we may later post on the Website.

Examples of Communication:

35. Subpoenas

Occasionally, we have to disclose information about our customers to meet legal requirements. Third-party disputes are a common example: If two parties have a dispute, and one of them used Realvolve in a way that’s relevant to the dispute, then we might get a request for user data. Whether we say “no way” or comply depends on the subpoena.

36. Public Information and Third Parties

Blog. We have public blogs on our Website. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you’d like it to be removed, contact us here. If we’re not able to remove your information, we’ll let you know why.

Social Media Widgets. Our Websites include social media features, like the Facebook Like button. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.

Links to Third-Party Sites. Our Websites include links to other websites, whose privacy practices may be different from Realvolve’s. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

37. Content of Email Campaigns

When you send email marketing, it bounces around from server to server as it crosses the internet. Along the way, server administrators can read what you send. Email wasn’t built for confidential information. If you have something confidential to send, please don’t use Realvolve.

Sometimes we review the content of our Members’ email campaigns to make sure they comply with our Terms of Use. To improve that process, we have software that helps us find email campaigns that may violate our Terms. Our employees or independent contractors may review those particular Email Campaigns. This benefits all of our Members who comply with the Terms of Use because, among other things, it reduces the amount of spam being sent through our servers and helps to maintain high deliverability.

38. Confidentiality

Our rule of thumb is “Never send anything in an email that you wouldn’t put on a postcard.”

39. Your Contact List

Your subscriber lists (contacts) are stored on a secure Realvolve server. We don’t, under any circumstances, sell your lists, contact people on your lists, market to people on your lists, steal your lists, or share your lists with any other party, unless it’s required by law. If someone on your list complains or contacts us, we may then contact that person. Only authorized employees have access to view Contact Lists. You may export (download) your lists from Realvolve at any time, as long as we have a copy.

We’ll use and disclose the information in your Contact Lists only for the reasons listed under Use of Your Personal Information, except the following. (In other words, we will not use and disclose the information in your Distribution Lists to):

40. Your Contact Data

It’s worth repeating: We respect your privacy and your subscribers’ privacy. We do not sell your information or bother anyone on your mailing list.

Realvolve uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Realvolve. Although Realvolve owns the code, databases, and all rights to the Realvolve application, you retain all rights to your data.

Security

41. Notice of Breach of Security

Nobody’s safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then Realvolve will notify you as soon as possible and later report the action we took in response.

42. Safeguarding Your Information

To protect your information, our credit card processing vendor uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions. Our vendor is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC).

Realvolve accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Contact Lists is so sensitive, account passwords are encrypted, which means we can’t see your passwords. We can’t resend forgotten passwords either. We’ll only reset them.

43. Vulnerability Disclosure Policy

Realvolve strives to provide stable and secure software and to protect all data entrusted to our systems. To that end, the company welcomes its users and the public to report errors (“bugs”) and vulnerabilities in the company’s own code or within infrastructure. Please send email to security@realvolve.com to report an issue. A member of the security team will triage, assess, and respond to each report within 24 hours.

Compliance

44. Safe Harbor Certification

Realvolve complies with the U.S.–E.U. and U.S.–Swiss Safe Harbor Framework, which is overseen by the U.S. Department of Commerce and covers the collection, use, and retention of personal data from European Union member countries and Switzerland. We certify that we follow the principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.

45. Accuracy of Data, Transparency, and Choice

We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do that. If your data changes (like a new email address), then you’re responsible for notifying us of those changes.

We only store data about you for as long as it’s reasonably required to fulfill the purposes that gave us the right to access it in the first place. We keep some data indefinitely, relating to when and where Emails were sent, which bounced, which resulted in a complaint, and similar information, because we use it to help us screen out people who violate SPAM laws, and for other reasons explained in this policy.

We’ll give you access to any Personal Information about you that we hold within 30 days of any request for that information you make by emailing support@realvolve.com. Unless it’s prohibited by law, we’ll remove any Personal Information about you from our servers at your request.

46. Enforcement

We and TRUSTe regularly review our compliance with this Privacy Policy. If we receive a written complaint, then we’ll respond to the person who made it. We work with TRUSTe to resolve any complaints that we can’t resolve with our Members directly.

Thanks for taking the time to learn about Realvolve’s privacy policy, and thanks for trusting us to be your contact relationship management solution.

47. Entire Agreement

These Terms, our Privacy Policy, our Acceptable Use Policy (both of which are incorporated into these Terms by reference) and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations and understandings.