REMINE INC. TERMS OF USE AGREEMENT

Last Updated: June 2018

Welcome to the online services operated by Remine Inc. (“Remine,” “we,” or “us”). This terms of use agreement (“Agreement”) constitutes a binding agreement between you (“End User” or “you”) and Remine (collectively, you and Remine may be referred to in this Agreement as the “Parties”). This Agreement governs your use of any service we provide including, without limitation, the information and services we supply through our web-based application accessible at www.remine.com (including all related documentation, the “Service” or “Services”). We provide the Service for your benefit. Under this Agreement, Services includes the services we provide currently and any additional services you may receive from us in the future, on both a paid and an unpaid basis.

By accessing, activating, or using the Service, you agree that you have read this Agreement, understand it, and are bound by its terms. If you do not wish to be bound by the Agreement or object to its terms, you are not authorized to access or use the Service.

NOTICE REGARDING DISPUTE RESOLUTION: This Agreement contains provisions governing how claims the Parties may have against each other are resolved, including an agreement and obligation to arbitrate disputes (see Section 16). With limited exceptions, this will require you to submit claims you have against us to binding arbitration unless you opt out in accordance with Section 16. Unless you opt out of arbitration, (a) you will only be permitted to pursue claims against us on an individual basis and not as part of any class, representative action, or similar proceeding, and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1.             AFFIRMATIVE REPRESENTATIONS REGARDING YOUR USE OF THE SERVICE

 

When you use the Service, you represent and warrant to Remine that you (a) have read and understand this Agreement, (b) are at least eighteen years of age, and (c) are of sufficient legal age and otherwise have legal capacity to enter into this Agreement.

 

2.             PRIVACY POLICY

In connection with your use of the Service, please review our Privacy Policy, the current version of which is located at www.remine.com/tos-privacy.html, to understand how we use the information we collect from you when you access, visit, or use the Service. The Privacy Policy is part of and is governed by this Agreement. By entering into this Agreement, you are bound by the Privacy Policy and agree that we may use information we collect from you in accordance with its terms.

3.             YOUR ACCOUNT

To use Services for which a payment is required, you will need to create and access your pre-paid account (“Account”) with Remine. Once you activate your Account and deposit funds into it, your Account will be authorized to purchase the fee-based Services we provide. Your Account is for your individual, personal, and commercial use only, and you may not authorize others to use or access your Account for any purpose. By creating and activating your Account, you certify that all information you provide is complete and accurate and that you will update us with any relevant changes to that information. You agree to not use any other person’s Service account without authorization from Remine. You are responsible for maintaining the confidentiality of and restricting access to your Account and the associated password, and you agree to accept sole responsibility for all activities occurring under your Account. You will notify us immediately at support@remine.com if you become aware of any breach of Account security, unauthorized use of your Account, or any violation of this Agreement by others of which you become aware. You agree to not circumvent or otherwise defeat access limitation methods that we may use to enforce our Agreement with you, or limits on particular transactions that may be associated with different levels of the Services.

4.             PAYMENT METHODS

 

a.              User Fees

You are responsible for the payment of all applicable fees you incur through your use of the Services (“User Fees”). For any paid Services, you will need to deposit money into your Account through the “Manage Payments” page in the Services. When you incur User Fees, you authorize Remine to deduct the charges incurred from your Account. In order to access paid Services, you must maintain a sufficient balance in your Account. Remine will not pay interest on any balance in your Account. Through your billing page in the Services you will see all amounts that are deducted from your deposit. Remine will advise you when additional deposits are required to fund your Account.

b.              Payment Methods

All User Fees will be charged against the funds on deposit in your Account. You are responsible for the payment of all User Fees prior to the use of paid Services. You are responsible for notifying us if your payment method for your deposit has changed (e.g., new expiration dates, change in credit card, et cetera). If you do not provide a valid payment method, we may immediately discontinue the provision of Services.

We may terminate your use of the Service if you initiate any reversal or chargeback of any deposit paid in accordance with this Agreement. You will reimburse us for our costs incurred in responding to such reversal or chargeback, including without limitation our actual costs paid to our payment service provider and the value of the time our employees spend in resolving the matter, as determined in our reasonable discretion.

c.              Cancellations and Refunds

If you terminate your Account in accordance with Section 11 below, the termination will be effective at the end of the month in which you terminate. No refunds will be provided for partial months before the termination is effective.

d.              Modifications

Remine reserves the right to change its User Fees or accepted methods of payment at any time in its discretion. We will notify you of such changes via email or notice provided to you upon logging into the Service.

5.             SERVICE ACCESS REQUIREMENTS

In order to access and use the Services, you will need access to a personal computer or other device owned or otherwise controlled by you that is connected to the internet and compatible with the Service (each a “Device”). You will also be responsible for all telecommunications access and related services required to access the Services, at your expense, including all related third party service fees. Certain messaging and other fees or charges may be applied by your telecommunications provider. Please check with your telecommunications provider to ensure you are aware of applicable fees and charges for your particular service plan. Remine is not responsible for any telecommunications or related expenses you incur while accessing or using the Service.

6.             REMINE PROPRIETARY RIGHTS; LICENSE GRANT

 

a.              Reservation of Rights

You acknowledge and agree that the Services are provided under license and are not sold to you. You do not acquire any ownership interest in the Services, including the information you derive from them, under this Agreement or any other rights, other than to use the application and obtain the Services in accordance with all terms and conditions of this Agreement. Remine, its licensors, and its service providers reserve and retain exclusive ownership of, and all right, title, and interest in or to, the Services, all content and materials provided in connection with them, and all related rights, subject only to the limited license granted to you in Section 6(b) below.

b.              Grant of License

Subject to your compliance with this Agreement and Remine’s Privacy Policy, Remine hereby grants you a limited, non-exclusive, revocable, personal, and non-transferable license to access and use the Services for your personal use on any Device, in strict accordance with all the terms and conditions of this Agreement.

c.              License Restrictions; Prohibited Content

You agree that you will not, in connection with your use of the Services:

                                    i.                Decompile, reverse engineer, disassemble, decode, attempt to access the source code of, or sublicense the Services;

 

                                   ii.                Modify, translate, adapt, or create improvements or derivative works from your use of the Services;

 

                                  iii.                Alter, obscure, remove, or delete any trademarks or any trademark, copyright, patent, or other intellectual property or proprietary rights notices from the Services.

 

                                 iv.                Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service or any of its features or functionality to any third party for any reason, including by making the Service available on a network where it is accessible by more than one Device at any time;

 

                                  v.                Republish, reproduce, repurpose, download, or otherwise use any content from the Services except to support your business as a real estate agent;

 

                                 vi.                Employ misleading email addresses or mobile numbers, or falsify information in any part of any communication related to the Services;

 

                                vii.                Engage in any activity that may compromise the stability or availability of the Services;

 

                               viii.                Use automated means, including spiders, robots, crawlers, or the like to download data from the Services or any related server or database;

 

                                 ix.                Circumvent any security methods or payment collection methods employed on or through the Service, or bypass the measures used to prevent or restrict access to some or all of the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service or the Service’s content;

 

                                   x.                Impersonate any person or entity;

 

                                 xi.                Use the Service for any unsolicited advertising or promotion;

 

                                xii.                Upload, post, email, or otherwise transmit or post links to any content or material, or activate or access an Account using any username or email address, in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically, or otherwise objectionable;

 

                               xiii.                Upload, post, email, or otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any person, or that contributes to, induces, or facilitates this type of infringement;

 

                               xiv.                Upload, post, email, or otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors, any other computer code, files, or programs or repetitive requests for information designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service or any third party software, site, equipment, or service; or

 

                                xv.                Upload, post, email, or otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance, or regulation, or which we deem improper in our sole discretion.

 

d.              Grant of Rights to Remine

Our provision of the Services to you depends on our ability to use information that you submit to us through the Service, such as usernames, passwords, and other information. By submitting this information to us, you represent and warrant that you have the right to do so and that you understand we have no obligation to compensate you in any way for the storage or use of such information. We will only disclose this information if we determine that doing so is necessary to (i) respond to a request for customer service you make, (ii) enforce the terms of this Agreement, (iii) comply with applicable law or regulation, a subpoena, or other legal order or process; (iv) respond to claims or complaints by third parties; or (v) to protect the safety and rights of Remine, other users of the Services, or third parties. For additional information as to how we use information you submit to us, please review the Privacy Policy.

7.             THIRD PARTY CONTENT

The Services display, include, and make available third party content in the form of various data and information (“Third Party Materials”). You acknowledge and agree that Remine has no control over and is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, use of personal information, legality, decency, quality, or any other aspect thereof. Remine does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. If Remine becomes aware that your use of the Third Party Materials contravenes these Terms of Use, you agree on notice from Remine to cease any such use.

8.             APPLICATION UPDATES

 

a.              Updates and Enhancements

Remine may from time to time and in its sole discretion develop and provide updates to the Services, which may include updates, upgrades, bug fixes, patches, other error corrections, and new features (collectively, including all related documentation, “Updates”). Updates may also modify certain existing features or functionality. You agree that Remine has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will become part of the Service and be subject to all the terms and conditions of this Agreement.

b.              Maintenance

Maintenance requirements or technical difficulties may result in temporary interruptions of the Services from time to time. Remine reserves the right at any time and from time to time to modify or discontinue temporarily functions or features of the Service without notice. Remine will not be liable to you or any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of, or interruption to the Service.

9.             AGREEMENT UPDATES

We may modify this Agreement from time to time. We will notify you of material changes to the Agreement by posting the applicable changes on the Service at least thirty days prior to the effective date of the changes. Minor, non-material changes may be posted and effective immediately (e.g., typographical corrections, formatting or structure changes, et cetera). Except as otherwise stated in an update, amendments and changes will become effective thirty days following their initial posting. Please return to this page periodically so you will be familiar with the most current version of the Agreement. For users who have registered to access the Services and provided us with an email address, we will send notice of material changes to the Agreement via email. Please keep your email address on file with us current. Your continued access to or use of the Services following changes to the Agreement will constitute your acceptance of proposed amendments or changes. If you do not agree with any of the terms of this Agreement or future Agreements, do not use, access, or continue to access the Service. If you continue using the Service after the new terms take effect, you will be bound by the modified Agreement.

10.          NOTICES

You agree that Remine will use your email address or mobile phone number to send you messages related to the Services, in lieu of communication by postal mail or other methods, except where Remine is required by applicable law to provide notice other than by email or mobile phone number. Remine may also use your email address to send you other messages, such as information on changes to the Service, new features and functionality, and special offers. Remine may use your mobile phone number to send you reminders of existing appointments, such as for demonstrations you signed up for regarding the Service. If you do not want to receive these messages, you may opt out by using the unsubscribe function in the applicable message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Remine customers cannot opt out from receiving administrative messages regarding use of the Services.

11.          TERMINATION

 

a.              How You Can Terminate

You may terminate this Agreement by cancelling your account in an email sent to us at support@remine.com. The cancellation will be effective at the end of the calendar month in which you notify us. Once the cancellation takes effect, you will no longer be able to access your Account or use the Service as a registered user.

b.              How We Can Terminate

Remine reserves the right to terminate or restrict this Agreement, your Account, or your access to or use of the Services with or without notice for any reason, without liability to you or any third party. In particular, this Agreement will immediately and automatically terminate without notice if you violate any of its terms and conditions. Remine will make all decisions regarding termination of this Agreement or your Account in its sole discretion. Remine is not required to disclose the reason for terminating this Agreement or your Account.

c.              Termination of Rights

Upon termination, all rights granted to you under this Agreement will terminate and you must cease all use of the Services. Sections 11, 12, 13, 15, 16, and 17 will survive termination of this Agreement for any reason.

12.          DISCLAIMER OF WARRANTIES

SUBJECT TO APPLICABLE LAWS AND REGULATIONS, REMINE PROVIDES THE SERVICES TO THE END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REMINE – ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS – EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES. THIS DISCLAIMER INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WHETHER THEY MAY ARISE OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, REMINE PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRSENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; BE ERROR FREE; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS OF USE AGREEMENTS FROM DISCLAIMING ANY IMPLIED WARRANTY, THE APPLICABLE IMPLIED WARRANTY WILL BE LIMITED TO THE MINIMUM WARRANTY AND WARRANTY PERIOD REQUIRED BY LAW.

13.          LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REMINE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGERS; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER ANY DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER ANY DAMAGES WERE FORESEEABLE OR REMINE WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES.

14.          FORCE MAJEURE

Remine will not be liable for any delay or failure in performance of the Services due to an event beyond Remine’s control, without its fault or negligence, and that by its nature could not have been foreseen by Remine or, if it could have been foreseen, was unavoidable.

15.          INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Remine and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including attorneys’ fees) arising from or relating to your use or misuse of the Service or your breach of this Agreement.

16.          ARBITRATION AGREEMENT AND WAIVER OF CLASS REMEDIES

 

a.              Arbitration

All claims arising out of or relating to this Agreement and the Service will be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of the Consumer Arbitration Rules of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator – and not any federal, state, or local court or agency – will have exclusive authority to resolve all disputes arising out of or relating to this Agreement. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement will be subject to the Federal Arbitration Act.

THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT (800) 778 7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. IF WE ARE REQUIRED TO PAY THE ADDITIONAL COST OF THE FILING FEES, YOU SHOULD SUBMIT A REQUEST FOR PAYMENT OF FEES TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTRS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

b.              Class Action Waiver

The Parties further agree that any arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this Section 16(b) is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in Section 16(a) above will be deemed null and void in its entirety and the Parties will be deemed to have not agreed to arbitrate disputes.

c.              Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions in Sections 16(a) and (b) above by sending written notice of your decision to opt out to the following address: 2722 Merrilee Drive #300, Fairfax VA 22031 – Attention: Arbitration. The notice must be sent within thirty days of activating your Account, otherwise you will be bound to arbitrate disputes in accordance with the terms set forth above. If you opt out of these provisions, then Remine also will not be bound by them and may terminate your use of the Service.

d.              Exclusive Venue and Applicable Law

To the extent that the arbitration provisions set forth in Section 16(a) do not apply, the Parties agree that any litigation between them will be filed exclusively in state or federal courts in the Commonwealth of Virginia. The Parties expressly consent to exclusive jurisdiction in the Commonwealth of Virginia for any litigation. You agree that federal laws and the laws of the Commonwealth of Virginia, without regard to principles of conflicts of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Remine.

17.          CLAIM LIMITATION

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

18.          SEVERABILITY

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of that provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

19.          NO WAIVER

No delay or failure to take action under this Agreement will constitute any waiver by Remine of any provision of this Agreement.

20.          ASSIGNMENT

This Agreement is personal to you and may not be transferred, assigned, or delegated by you to any other person or entity. Any attempt by you to transfer, assign, or delegate this Agreement will be null and void.

21.          ENTIRE AGREEMENT

This Agreement and Remine’s Privacy Policy constitute the complete and exclusive agreement between Remine and you with respect to their subject matter and they supersede all prior oral or written understandings, communications, or agreements. There are no third party beneficiaries of this Agreement or Remine’s Privacy Policy.