Reliance Retail, LLC d/b/a Resolute RE (resolutre.com), Terms and Service
Last updated: February 23, 2021
Please read these Terms and Service carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following condition.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Service:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- ResolutRE (referred to as either “the Company”, “We”, “Us” or “Our” in this Term of Service) refers to Reliance Retail, LLC d/b/a Resolut RE
- Content has the meaning set forth herein below.
- Country refers to: United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- State refers to: Texas
- Terms and Service (also referred as “Terms”) mean these Terms and Service that form the entire agreement between You and the Company regarding the use of the Service.
- Website refers to ResolutRE’s website, accessible from resolutre.com
- You or Your means the individual or machine accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Service governing the use of the Services and the agreement that operates between You and the Company. These Terms and Service set out the rights and obligations of all users regarding the use of the Service. Any contract, listing agreement or other agreement formally signed between the Company and any client shall control over these Terms of Service.
Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Service. These Terms and Service apply to all visitors, users, bots, machines and others who access or use the Website.
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT CONSENT TO THESE TERMS OF SERVICE THEN DO NOT USE OUR SERVICES.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION, CLASS ACTION AND JURY TRIAL WAIVER THAT REQUIRES THE SOLE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You represent that you are at least 18 years of age, or an adult according to your applicable jurisdiction’s legislation or at least 13 years of age in the United States and have any required consent of your parent(s) or legal guardian(s) to use the Service. The Company does not authorize those under 13 in the United States to use the Service. If you are a parent or guardian and believe your child under the age of 13 in the United States is using Our Service without your consent, please contact us at info@resolutre.com.
Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Service Rules
You shall use the Website for lawful purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that ResolutRE grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iv) taking any action that imposes, or may impose an unreasonable or disproportionately large (as determined by us in our sole discretion) load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Website; (vi) collecting or harvesting any personally identifiable information, including account names, from the Website; (vii) using the Website for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Website or restricting or inhibiting any other user from using and enjoying the Website; (x) accessing any content on the Website through any technology or means other than those means or methods provided or authorized by the Website; or (xi) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Intellectual Property
The Website and its original content (excluding Content provided by third parties), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Website is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
We take no responsibility and assume no liability for Content you or any third-party posts. However, by posting Content you grant us the right and license to use, modify, delete, publicly perform, publicly display, reproduce, and distribute such Content. You agree this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. We have the right but not the obligation to monitor, edit and delete all Content posted by users.
Links to Other Websites
Our Website may contain links to and content from third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, makes no representation or warranty for, and assumes no responsibility for, the content, privacy policies, practices or offerings of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
You acknowledge and agree that it is Your sole obligation to read the Terms of Service and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate, suspend or bar access to the Website, immediately, without prior notice or liability, for any reason whatsoever, in our sole discretion, including without limitation if You breach these Terms and Service.
Upon termination, Your right to use the Website will cease immediately.
All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability, Disclaimer and Indemnification
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PRIVACY, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (I) YOUR USE OF OR INABILITY TO USE THE WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Disclaimer
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE OUR SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
WE DO NOT REPRESENT OR WARRANT THAT (I) THE WEBSITE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (III) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) AS TO THE WEBSITE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT OR (IV) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or $100 USD, whichever is less; or $100 if You haven’t purchased anything through the Website.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS LICENSEE AND LICENSORS, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), RESULTING FROM OR ARISING OUT OF (A) USE OF THE WEBSITE BY YOU OR ANY PERSON USING YOUR ACCOUNT AND PASSWORD; (B) A BREACH OF THESE TERMS OF SERVICE; OR (C) CONTENT POSTED BY YOU THROUGH OUR WEBSITE.
Dispute Resolution
If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company at info@resolutre.com.
GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Arbitration
We and You agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Website, and/or the provision of content, services, and/or technology on or through the Website, We or You must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy, and the relief requested. You must send any such notice to us by email to info@resolutre.com AND by U.S. Mail to 6805 Capital of Texas Highway North, Suite 250, Austin, TX 78731 Attn: Legal Department. To the extent that we have Your contact information, we will send any such notice to you by your email address. We and You will attempt to resolve any dispute, claim, or controversy through informal negotiation within sixty (60) days from the date that any notice of dispute, claim, or controversy is sent. We and You shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After sixty (60) days, We or You may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and sixty (60)-day negotiation period required by this Section 18 shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Website.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Us and You arising under these Terms of Service or in connection with your access to, and/or use of the Website, and/or the provision of content, services, and/or technology on or through the Website, if unresolved through informal discussions within sixty (60) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, nothing in this Section shall be deemed as preventing the Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
For residents outside the United States, arbitration shall be initiated in Travis County, Texas, and We and You agree to submit to the personal jurisdiction of any state or federal court in Travis County, Texas to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
We and You each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided herein) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”), according to the expedited procedures then in effect for AAA, except as provided herein. AAA may be contacted at www.adr.org.
We shall bear the cost of any arbitration filing fees and arbitration fees up to Five Hundred Dollars ($100.00). You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorneys’ fees and expert witness costs unless we are otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Us and You, and judgment to enforce the decision may be entered by any court of competent jurisdiction. We and You agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, We and You agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose, provided that if You are using the Website for commercial or unlawful purposes, each party will be responsible for paying any AAA’s filing, administrative and arbitrator fees in accordance with AAA’s rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. We and You understand that, absent this mandatory arbitration provision, We and You would have the right to sue in court and have a jury trial. We and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If Your claim is solely for monetary relief of Ten Thousand Dollars ($10,000) or less, and does not include a request for any type of equitable remedy, You may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over Us and You otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of Your decision to opt-out to the following address: 6805 Capital of Texas Highway North, Suite 250, Austin, TX 78731 Attn: Legal Department, AND, the following Email address: info@resolutre.com. The notice must be sent within the later of thirty (30) days of Your first use of the Website or within thirty (30) days of changes to this section being announced on the Website, otherwise You shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If You opt-out of these arbitration provisions, We also will not be bound by them. If You do not affirmatively elect to opt out as described above, Your use of the Website will be deemed to be your irrevocable acceptance of these Terms of Service and any changes/updates to this Section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, We and You agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will apply to any claims asserted by You against the Company and its affiliates to the extent that any such claims arise out of Your access to, and/or use of the Website, and/or the provision of content, services, and/or technology on or through the Website. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
We and You agree that We and You will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under these Terms in connection with the Website will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. We and You further agree that We and You shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Service or in connection with the Website.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Los Angeles, California.
The terms of this provision will apply to any claims asserted by You against the Company to the extent that any such claims arise out of your access to, and/or use of the Website, and/or the provision of content, services, and/or technology on or through the Website. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Service
We reserve the right, at Our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Website.
Contact Us
If you have any questions about these Terms and Service, You can contact: info@resolutre.com