RealtyOfficeCenter(TM) Terms of Service Agreement:
The following terms and conditions govern all use of the Seltice Systems LLC subscription based Web Service RealtyOfficeCenter ("RealtyOfficeCenter") hosted on rocserver.com and any sub-domains of rocserver.com, ie example.rocserver.com, or RealtyOfficeCenter.com, and all content, services and products available at or through RealtyOfficeCenter, including, but not limited to the RealtyOfficeCenter service. RealtyOfficeCenter is owned and operated by Seltice Systems LLC. ("Seltice Systems LLC"). RealtyOfficeCenter is subscription based service offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website by Seltice Systems LLC (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using RealtyOfficeCenter. By accessing or using any part of RealtyOfficeCenter, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access RealtyOfficeCenter or use any services. If these terms and conditions are considered an offer by Seltice Systems LLC, acceptance is expressly limited to these terms. RealtyOfficeCenter is available only to individuals who are at least 18 years old.
- General Terms of Service
By using RealtyOfficeCenter services in any capacity, you agree to the following:
- You are using the services provided at your own risk.
- Services are provided ONLY on an "as is" and "as available" basis.
- You understand that RealtyOfficeCenter is a subscription based service owned by Seltice Systems LLC, and that it is NOT a product owned by You, the user, the customer or client of Seltice Systems LLC. Monthly subscription fees are required to continue use of and access to RealtyOfficeCenter. If payment is not received by the Due Date, then services may be canceled and the user's access to the system and data will be terminated.
- No portion of RealtyOfficeCenter will ever be delivered to a customer over a physical storage medium.
- The intellectual property, including code and databases used in conjunction with RealtyOfficeCenter may never reside nor run outside of the environment controlled and operated specifically by Seltice Systems LLC.
- You understand that Seltice Systems LLC does not warrant or guarantee that the services provided are suitable for your needs in any regard.
- You understand that Seltice Systems LLC does not warrant or guarantee the accessibility of RealtyOfficeCenter though we will do our best to keep our services online at all times.
- You understand that Seltice Systems LLC does not warrant or guarantee the successful delivery of email from our servers to intended recipients.
- All services are copyright, including look and feel, layout, html, javascript, php, database schemas, and all code associated with RealtyOfficeCenter and they are owned by Seltice Systems LLC
- In no way are you allowed to circumvent the intended use of RealtyOfficeCenter or change the way in which the system is setup by altering any available data, information, or code.
- You may not resell the services of Seltice Systems LLC
- You understand and are fully aware that RealtyOfficeCenter uses 3rd party providers for the following: hosting, data backups, hardware maintenance, software, storage, networking, bandwidth, development, and other services. We are not in control of, nor can we speak on behalf of these companies in regards to Terms of Service or Privacy related issues.
- Though we provide an SSL connection to our servers, you understand that data may be transmitted over unsecured networks in an unencrpyted manner at any time.
- You understand that you are responsible for the security and privacy of all your data stored by Seltice Systems LLC.
- You understand that your data, with the exception of user passwords, may be in no way encrypted on our servers.
- You may not upload, post, host, send, receive or otherwise, any files or content that is copyrighted, illegal, or breaks any country, state or federal laws.
- Any abuse directed toward Seltice Systems LLC, or its owners or employees (verbal or written) will result in termination of your account with no refunds.
- We reserve the right to remove any content from our servers and network at any time for any reason, especially if deemed unlawful.
- This service may not be used in any way relating to sending of "spam" and/or unsolicited emails.
- If your bandwidth exceeds 10GB per month, or your usage of RealtyOfficeCenter negatively affects the overall performance of our servers, your account may be suspended or cancelled.
- These terms of service may be changed at any time with or without notice to the user, and the user is bound to these terms and is solely responsible for reading and knowing the current terms of service.
- The current terms of service agreement is located online at this location. We are bound by the current online version of this terms of service agreement and NOT by any previous terms which may have been modified.
- Support is provided via E-Mail only, and is only available to Paid Subscribers of RealtyOfficeCenter.
- In no event shall Seltice Systems LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Seltice Systems LLC under this agreement during the twelve (12) month period prior to the cause of action. Seltice Systems LLC shall have no liability for any failure or delay due to matters beyond their control. The foregoing shall not apply to the extent prohibited by applicable law.
- Any feedback or feature suggestions made by the Client, or anyone, for adding to or improving RealtyOfficeCenter will be taken into consideration for future updates, but not all suggestions can or will be implemented. Any implemented features are owned and copyright solely by Seltice Systems LLC. No part of the system, features, or implemented suggested features are owned by the Client or suggesting party in any way. Updates are made to affect the system as a whole to add value for ALL our customers. Your feedback is welcome, but you do not own any exclusive rights to the ideas or feedback submitted to Seltice Systems LLC, its owners or staff. No royalties, fees, commissions, money, or compensation of any kind is given to the Client or suggestion person(s) for any implemented features.
- Any questions regarding this terms of service agreement should be sent to support@seltice.com
- Your RealtyOfficeCenter Account
If you have or create an account on RealtyOfficeCenter, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the service. You must immediately notify Seltice Systems LLC of any unauthorized uses of your account or any other breaches of security. Seltice Systems LLC will not be held liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Users
If you operate your account, or otherwise make (or allow any third party to make) material available by means of RealtyOfficeCenter (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Seltice Systems LLC or otherwise.
Without limiting any of those representations or warranties, Seltice Systems LLC has the right (though not the obligation) to, in Seltice Systems LLC's sole discretion (i) refuse or remove any content that, in Seltice Systems LLC's reasonable opinion, violates any Seltice Systems LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of RealtyOfficeCenter to any individual or entity for any reason, in Seltice Systems LLC's sole discretion. Seltice Systems LLC will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment
RealtyOfficeCenter is a paid subscription based service. By subscribing to RealtyOfficeCenter service you agree to pay Seltice Systems LLC the subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a period as indicated and decided upon by Seltice Systems LLC. Service fees are not refundable.
By using RealtyOfficeCenter you agree to pay Seltice Systems LLC the setup fees and monthly service fees determined at the time of sign-up, or fees decided in a quote received from Seltice Systems LLC in exchange for RealtyOfficeCenter services. Applicable fees will be invoiced starting from the day your RealtyOfficeCenter services are established and in advance of using such services. Seltice Systems LLC reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. RealtyOfficeCenter Services can be canceled by you at anytime on 30 days written notice to Seltice Systems LLC.
- Support
RealtyOfficeCenter services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Seltice Systems LLC to respond within 2 business days) concerning the use of the RealtyOfficeCenter services. All RealtyOfficeCenter support will be provided in accordance with Seltice Systems LLC standard RealtyOfficeCenter services practices, procedures and policies.
- Backups
RealtyOfficeCenter services include limited backup services for your data. We backup on a nightly and weekly basis. Data is only restored when and if the server and data are damaged and not accessible. These backups are NOT for restoring individual accounts or databse records, but for accounting for catastrophic server damages only.
- Responsibility of Website Visitors
Seltice Systems LLC has not reviewed, and cannot review, all of the material, including computer software, posted to RealtyOfficeCenter, and cannot therefore be responsible for that material's content, use or effects. By operating RealtyOfficeCenter, Seltice Systems LLC does not represent or imply that it endorses the material posted by its users, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RealtyOfficeCenter may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. RealtyOfficeCenter may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Seltice Systems LLC disclaims any responsibility for any harm resulting from the use by visitors of RealtyOfficeCenter, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through RealtyOfficeCenters and webpages to which RealtyOfficeCenter links. Seltice Systems LLC does not have any control over those non-RealtyOfficeCenter websites and webpages, and is not responsible for their contents or their use. By linking to a non-RealtyOfficeCenter website or webpage, Seltice Systems LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Seltice Systems LLC disclaims any responsibility for any harm resulting from your use of non-RealtyOfficeCenter websites and webpages.
- Copyright Infringement and DMCA Policy.
As Seltice Systems LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by RealtyOfficeCenter violates your copyright, you are encouraged to notify Seltice Systems LLC. Seltice Systems LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Seltice Systems LLC or others, Seltice Systems LLC may, in its discretion, terminate or deny access to and use of RealtyOfficeCenter. In the case of such termination, Seltice Systems LLC will have no obligation to provide a refund of any amounts previously paid to Seltice Systems LLC.
- Intellectual Property This Agreement does not transfer from Seltice Systems LLC to you any Seltice Systems LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Seltice Systems LLC. Seltice Systems LLC, ContactUnit, RealtyOfficeCenter, the RealtyOfficeCenter logo, and all other trademarks, service marks, graphics and logos used in connection with RealtyOfficeCenter, or RealtyOfficeCenter are trademarks or registered trademarks of Seltice Systems LLC or Seltice Systems LLC's licensors. Other trademarks, service marks, graphics and logos used in connection with RealtyOfficeCenter may be the trademarks of other third parties. Your use of RealtyOfficeCenter grants you no right or license to reproduce or otherwise use any Seltice Systems LLC or third-party trademarks.
- Security and Privacy
All customer and user data stored on the Seltice Systems LLC and RealtyOfficeCenter servers is NOT encrypted. It is stored in plain text in our databases, with the exception of passwords. It is our policy that noone is to personally access our users data unless granted permission by the Account Holder or if necessary to provide customer support. The servers where RealtyOfficeCenter reside are also presumed secure. The company RealtyOfficeCenter uses for hosting, backups and system restores DOES have access to the filesystem. Our system administrators also have access to the file system though it is our policy that no users data is to be accessed without permission from the Account Holder or if needed due to a customer support issue.
Users of RealtyOfficeCenter are NEVER to store mission critical data, passwords, or other secure or highly personally identifiable information about themselves, their customers, their business or their contacts.
We DO create cookies on your computer and store session data and logs of activity.
- Changes
Seltice Systems LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to RealtyOfficeCenter following the posting of any changes to this Agreement constitutes acceptance of those changes. Seltice Systems LLC may also, in the future, offer new services and/or features through RealtyOfficeCenter (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination
Seltice Systems LLC may terminate your access to all or any part of RealtyOfficeCenter at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your RealtyOfficeCenter account (if you have one), you may simply discontinue using RealtyOfficeCenter. Notwithstanding the foregoing, if you have a RealtyOfficeCenter Services account, such account can only be terminated by Seltice Systems LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Seltice Systems LLC's notice to you thereof; provided that, Seltice Systems LLC can terminate RealtyOfficeCenter immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination all data will be deleted that is associated with your account and it cannot be recovered.
- Disclaimer of Warranties.
RealtyOfficeCenter is provided “as is”. Seltice Systems LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Seltice Systems LLC nor its suppliers and licensors, makes any warranty that RealtyOfficeCenter will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, RealtyOfficeCenter at your own discretion and risk.
- Limitation of Liability
In no event will Seltice Systems LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Seltice Systems LLC under this agreement during the twelve (12) month period prior to the cause of action. Seltice Systems LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty
You represent and warrant that (i) your use of RealtyOfficeCenter will be in strict accordance with the Seltice Systems LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of RealtyOfficeCenter will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification.
You agree to indemnify and hold harmless Seltice Systems LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of RealtyOfficeCenter, including but not limited to out of your violation this Agreement.
- Miscellaneous.
This Agreement constitutes the entire agreement between Seltice Systems LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Seltice Systems LLC, or by the posting by Seltice Systems LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of RealtyOfficeCenter will be governed by the laws of the state of Idaho, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kootenai County, Idaho. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by rules set forth by arbitrators appointed in accordance with such Rules. The arbitration shall take place in Coeur d'Alene, Idaho, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Seltice Systems LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
End of Terms
Seltice Systems LLC
PO Box 2084, Hayden, ID 83835
E-Mail: support@seltice.com
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