Terms and Conditions
THE WEBSITE REALTECHPOWERMARKETING.COM (THE “SITE”) AND RELATED PLATFORMS, PRODUCTS, AND SERVICES AVAILABLE ON OR FROM THE SITE (THE “SERVICES”) ARE OWNED AND OPERATED BY POWER MARKETING CORPORATION DBA REALTECH POWER MARKETING™ (TOGETHER WITH ITS AFFILIATES, SUCCESSORS, AND ASSIGNS HEREINAFTER REFERRED TO AS “OUR”, “WE,” OR “US”).
BY ACCESSING AND USING THE SITE AND/OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”). THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT. IF YOU USE THE SITE AND/OR THE SERVICES ACTING AS THE AGENT FOR A COMPANY, OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH COMPANY OR ENTITY AND YOU GUARANTEE COMPLIANCE BY SUCH COMPANY OR ENTITY WITH THESE TERMS AND CONDITIONS.
WE RESERVE THE SOLE RIGHT AT ANY TIME TO MODIFY, DISCONTINUE, OR TERMINATE ANY SERVICE OR THE SITE, OR CHANGE, ADD, OR DELETE PORTIONS OF THESE TERMS AND CONDITIONS WITHOUT NOTICE. WE WILL POST CHANGES TO THESE TERMS AND CONDITIONS, IF ANY, TO THE SITE. IT IS YOUR RESPONSIBILITY TO CHECK THE SITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR SERVICES.
2. AGE RESTRICTIONS. You hereby represent and warrant that you are 18 years of age or older. The Site and Services are not intended for, or offered to, users under the age of 18.
3. USE OF SITE CONTENT. All content on the Site and Services that is not User Content (as defined in Section 4 below) (the “Site Content”), is the proprietary property of us or our licensors. Subject to the terms of the Terms and Conditions, no Site Content or User Content including but not limited Ad Templates, Guides, Reports and Landing Pages may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of us or the owner of such content. Except as otherwise set forth in these Terms and Conditions, any unauthorized use of the Site Content or User Content including but not limited Ad Templates, Guides, Reports and Landing Pages is strictly prohibited. All trademarks, logos, trade dress and service marks on the Site are trademarks or registered trademarks of us or our licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or the owner of such content.
4. PUBLISHING OF YOUR CONTENT AND OUR USE OF CONTENT PROVIDED BY YOU. You hereby acknowledge and agree that you are solely responsible for all materials that you approve for publishing, display, and distribution by us in connection with the Services, or that you post, publish or distribute in connection with the Services, including without limitation, advertisements prepared by us for you (including all information, trademarks, and photographs contained in such advertisements), information, data, text, software, links, photographs, pictures, graphics, video, messages, files and any other materials (“User Content”). You represent, warrant and agree that no User Content that you approve for publishing, display, and distribution by us, or submitted by you or through your account, will:
a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
b) contain libelous or defamatory material; or
c) violate or encourage violation of any applicable laws, regulations, rules, professional codes, codes of ethics, administrative laws, codes of conduct or standards (including, without limitation, rules, standards or codes of conduct for non-governmental or quasi-governmental associations), e.g., federal, state, or local laws, regulations, rules, professional codes, codes of ethics, administrative laws, standards or codes of conduct applicable to realtors, real estate advertising, data protection, privacy and email communications (collectively, "Applicable Laws").
For the purpose of clarity, by paying us to publish and distribute an advertisement prepared by us for you, you are approving the publishing of such advertisement by us on your behalf. You represent and warrant that you have all legal rights necessary to publish and distribute (or necessary to have us publish and distribute) any User Content or that you own such User Content. You represent and warrant that the advertisement prepared by us for you will comply with all applicable laws, rules, and regulations. In the case of User Content that is an advertisement for a particular piece of real estate, you represent and warrant that you are the broker, Sales Representative or an agent to the broker, for such real estate. You hereby acknowledge and agree that we shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your User Content for any reason and at our sole discretion. You hereby acknowledge and agree that we may, at our sole discretion, disclose your User Content in order to: (i) comply with law enforcement, court orders, or the legal process; (ii) protect the rights and safety of individuals; and/or (iii) settle disputes over intellectual property ownership.
IP Addresses Provide To RealTech Power Marketing™
Your provided IP addresses enables us you to create a target audience for you using your supplied data. When Real Tech Power Marketing™ creates a Device Address Tracking campaign using your supplied data, we store your supplied IP address data securely, Your data is passed anonymously to our ad partners to be used to create your custom audience for ad targeting. In the process of using this feature, you agree to the following:
d) IP Address Data is a subset of User Content and subject to all the restrictions and obligations related to User Content. In addition, you represent and warrant that you have provided appropriate notice to and secured any necessary consent from the data subjects whose data will securely stored and passed anonymously to our ad partners, including as needed to be in compliance with all Applicable Laws. If you have not collected the data directly from the data subject, you confirm, without limiting anything in these terms, that you have all necessary rights and permissions to use the data provided to us.
e) You confirm that the supplied IP Address Data does not relate to or include data about any data subject who has exercised an option that you have, directly or indirectly, committed to honoring or provided, to opt out of having that data used by you or on your behalf for targeted advertising. To the extent a data subject exercises such an opt-out after you have used data relating to that data subject to create a custom audience, you agree to remove that data subject from the custom audience.
f) The IP Address Data you provide to us will only be used for the matching process and will not be shared with third parties or other advertisers and will be deleted promptly after the match process is complete unless you advise us otherwise.. Real Tech Power Marketing™ will maintain the confidentiality and security of the Stored Data, including by maintaining technical and physical safeguards that are designed to (a) protect the security and integrity of data while it is within Real Tech Power Marketing's systems and (b) guard against the accidental or unauthorized access, use, alteration or disclosure of data within Real Tech Power Marketing's systems. Further, Real Tech Power Marketing™ will not give access to or information about your custom audience to third parties or other advertisers, append your custom audience data to the information we have about our users or to build interest-based profiles, or use your custom audience data except to provide services to you, unless we have your permission or are required to do so by law.
g) If you are providing any data on behalf of a third party, you also represent and warrant that you have the authority as agent to such party to use such data on their behalf and bind such party to these terms.
We own, protect and enforce copyrights in our own creative material and respect the copyright properties of others. Materials may be made available on the Site, or through the Site or Services, by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on the Site or Services. You should notify us immediately if you believe any materials on the Site or published or distributed by us infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the acts of a regulatory body we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all procedures to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
Please be advised that we may provide an alleged infringer with any notice of claimed infringement, including notices of claimed infringement submitted by you and any communications related thereto. We may also provide any counter notifications received and communication related thereto, to the provider of the original notice of claimed infringement. All notices and communications provided by you to us become our property and you hereby grant us the right to provide such notices and communications to any third party.
In the event a user’s materials are removed due to a regulatory body notice and then subsequently restored in accordance with the regulatory body, we will treat the underlying regulatory body notice as withdrawn.
We reserve the right to terminate site accounts that have infringed the copyright rights of another person in appropriate circumstances, such as when the user has a history of violating or willfully disregarding the Terms and Conditions.
6. LINKS TO OTHER WEB SITES. The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site or the Services does not imply approval or endorsement of the linked web site by us. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
7. CHARGES. Access to our site is free of charge charge. There is a charge for all products ordered. The prices are indicated in our online store and may change from time to time. We do not collect a sales and or use tax on the sale of Services to you. If any tax is to be paid to state or local governments by a purchaser of our Services, it is your responsibility to report and make such tax payments in compliance with all applicable laws. We do collect taxes on Canadian orders.
When you purchase products through our store you will be required to pay by either Visa or Mastercard. You agree not to cause your credit or debit card company to reverse or “chargeback” any Service Fees charged in accordance with these Terms and Conditions; and in the event you do so, we may terminate your use of the Site and Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.
8. REFUND POLICY: We want you to be satisfied with the Products and Services that we offer. However, when you purchase products and services from us, we make a commitment to our advertising partners for the length of your campaign. Because we are making this commitment on your behalf, and incur costs as a result, we do not offer refunds for the Services once you have purchased them. However, in two limited situations we may provide a refund:
Product Issue In order to be considered a “product or service delivery issue” the user must report the delivery issue to email@example.com while the ad delivery period is still active, and the “product or service delivery issue” the must be verified by us. The final determination as to whether a report qualifies as a “product or service delivery issue” is at our sole and absolute discretion.
1. We serve your requested ads to the target market specified in your order. The Services are functioning properly when they deliver target market ad views. The Services are not designed to be a direct "lead generation" tool. if your campaign does not deliver leads or phone calls to you, that does not qualify as a product malfunction.
2. We use digital advertising technology to geographically target your ads according to your request. This advertising technology may not be one hundred percent accurate and your ads may occasionally appear outside the mapped area that you requested. In this event, your ad is still targeted to the correct mapped area but the industry standard technology that translates IP addresses into property addresses has provided an incorrect positive address identification. Your ad is targeted correctly by us, this does not qualify as a product issue.
3. We do not represent, warrant, or guarantee the amount of views that your ads will be seen.
We do not allow cancellation of an ad delivery period. However we do in certain instances allow you to change or revise the campaign and the ad for the remainder of the ad delivery period. There is a charge to change or revise a campaign and/or ad.
We do not provide a refund for the remainder of an ad delivery period.
a) You can terminate your use of the Site at any time.
b) We may cancel your user registration and terminate your use of the Site or Services at any time without cause, in our sole discretion, and with or without notice, including your breach of your representations, warranties, and covenants in these Terms and Conditions; provided, however, that we have no obligation to monitor your use of the Site or Services.
c) We may delete any of your user and order content, information, or other data from the Site, Products or Services at any time, and we have no obligation to maintain copies of any deleted information.
d) All provisions of these Terms and Conditions will continue after termination of your use of the Site or any Services will continue to apply even after the expiration or termination of these Terms and Conditions or your use of the Site or any Services.
10. LIMITATION OF LIABILITY. IN NO EVENT ARE WE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES; AND (B) FIFTEEN DOLLARS ($15). CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE ADDITIONAL RIGHTS.
11. INDEMNITY. You agree to indemnify and hold us and our directors, officers, agents, contractors, affiliates, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
a) Your breach of any representations or warranties made by you to anyone, hereunder or your breach of the Terms and Conditions;
b) Your use of the Services or the Site in violation of the Terms and Conditions; or
c) Your violation of any laws or the rights of any third parties.
You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against us for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Site or the Services.
12. DISCLAIMER OF WARRANTIES. We are not responsible for any incorrect or inaccurate content published on the Site or in connection with the Services, including User Content published by users (or published by us on behalf of users) of the Site or the Services. We are not responsible for the conduct, whether online or offline, of any user of the Site. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or the Services. We are not responsible for any problems, issues and technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the Site or the Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Services, the Site or any content published on the Site (whether or not Site Content, User Content, or other content). THE SITE, THE SERVICES AND ALL CONTENT ON THE WEBSITE ARE PROVIDED “AS IS” AND WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES.
WE ARE NOT RESPONSIBLE FOR ENSURING THAT USER CONTENT PUBLISHED BY USERS (OR PUBLISHED BY US ON BEHALF OF USERS) OF THE SITE OR THE SERVICES COMPLIES WITH APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS, AND WE OFFER NO WARRANTY THAT ANY SUCH USER CONTENT SHALL COMPLY WITH APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS. WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS.
WE OFFER YOU NO GUARANTEE OF INCREASED LEADS, PHONE CALLS OR SALES AGREEMENTS OR ORDERS AS A RESULT OF THE DISPLAY OF ADVERTISEMENTS PREPARED BY US FOR YOU.
WE DO NOT OFFER YOU ANY GUARANTEED FINANCIAL OR ANY OTHER RESULTS WHATSOEVER, AS A RESULT OF USING OUR SITE, PROGRAMS OR SERVICES.
WE DO NOT REPRESENT, WARRANT OR GUARANTEE ANY NUMBER OF ADVERTISING VIEWS WILL BE PROVIDED.
13. GOVERNING LAW. The Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. or Canadian federal law. Any dispute or claim arising out of, or in connection with, the Terms and Conditions shall be finally settled by binding arbitration in Toronto, Canada in accordance with the applicable laws of the regulatory body and the current rules (at that time) and procedures of the Canadian Arbitration Association by one (1) arbitrator appointed by the Canadian Arbitration Association. The arbitrator shall apply the law of the Province of Ontario, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to the Terms and Conditions shall be brought and heard either in the Ontario courts located in Toronto or the federal court in Toronto. In this event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.
14. MISCELLANEOUS. The Terms and Conditions set forth the entire agreement between you and us pertaining to your use of the Site and the Services. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our delay or failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions do not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor we, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under these Terms and Conditions, be deemed to be an agent or employee of the other, and neither you nor we has the authority to bind the other under any contract, agreement, or otherwise.
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