By using the Realty Commander software hosted at realtycommander.com (“Service”), a service of ELK Software, LLC (“ELK”), you and all your users are agreeing to be bound by the following terms and conditions (“Terms of Service”).
ELK reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service any time at: http://realtycommander.com/terms-of-use. Violation of any of the terms below will result in the termination of your Account. ELK prohibits such conduct and such entry of your information (“Content”) on the Service. You understand and agree that ELK cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.
Copyright and Content Ownership
- ELK Software, LLC (ELK Software) grants the User undersigned (the “User”) a non-exclusive, non-transferable license to use the following software program, Realty Commander (hereafter “software”), and any related documentation (hereafter “Content”). The information entered into this software by the User will herein be referred to as “content”. This license shall commence as of the date hereof and continue until the User submits in writing to ELK Software stating discontinuation of use. The User must have internet access to use Service.
- ELK does not pre-screen Content, but ELK and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright©2008-2017 ELK Software, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the XUL/HTML/CSS or visual design elements without express written permission from ELK.
- ELK Software is a software company and DOES NOT negotiate short sales, loan modifications, buy or sell property or represent buyers or sellers in any transactions. Any Realtors, listing and selling Agents, short sale negotiators, short sale negotiation companies, banks, investors, buyers, sellers or title companies are not affiliated with ELK Software in any way. The User must do their own due diligence on other parties that they may on their own accord choose to work with. User acknowledges that ELK Software in no way recommends ANY party to help facilitate any real estate or other transaction.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- This license is for the signed users of this service only. Any staff or other personnel of the User must also become a User and agree to the Terms of Service. User agrees to prevent the unauthorized use, disclosure, or availability of all information of a proprietary nature that it receives in connection with the Terms of Service. The User will be held liable for any unauthorized use of the software. User agrees to not give out their login information to any other non-licensed party. This includes showing the program or giving access to the program to any software developer that may chose, either now or in the future, to duplicate certain portions of the software. User is not authorized to show the software to other parties without written consent from ELK Software.
- ELK Software and User acknowledge that ELK Software does not own or control the web browser used in the software. The owner of the web browser reserves to change their browser and/or features without consent of either User or ELK Software.
- It is the responsibility of the User to ensure that they are authorized to enter their client’s data into the software. ELK Software has no liability from any data that is unlawfully attained or used by the User.
ALL SOFTWARE AND INFORMATION PROVIDED UNDER THIS AGREEMENT IS PROVIDED ON AN “AS IS” BASIS. NO LIABILITY IS ASSUMED BY ELK SOFTWARE FOR THE ACCURACY, COMPLETENESS, CONDITION, SUITABILITY OR PERFORMANCE OF THE SOFTWARE AND INFORMATION PROVIDED HEREUNDER. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, ELK SOFTWARE DISCLAIMS ALL WARRANTIES RESPECTING THE SOFTWARE AND INFORMATION PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The User will be solely responsible for the selection, installation, use, efficiency and suitability of the software and information. ELK Software makes no guarantees to the performance of the software, including server, web hosting, accessibility, login, abnormalities, software bugs, User loss of data or any other non-performance issues. ELK Software further warrants there is no expectation of training or education regarding the use the software.
In no event will ELK Software be liable for any direct, indirect, exemplary, incidental or consequential damages arising out of or otherwise relating to the use of the software or information, however caused, including, but not limited to, loss of data, business interruption, loss of profits, or other economic loss, even if ELK Software has been advised of the possibility of such damages.
- This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements concerning the use of such software and information. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties.
- The User’s obligations respecting the unauthorized use of the software and information will survive termination of the Terms of Service and will remain in effect as long as the User continues to possess or control software or information furnished by ELK Software.
- ELK Software retains ownership of the Software and Content, and the items supplied by ELK Software with this Licensing Agreement are for the sole use of the User. The User agrees that (s)he will not assign, license, distribute, allow the use of or transfer the Software and/or Content to any other person, firm, corporation, or other organization without the prior written consent of ELK Software.
To the extent ELK Software discloses proprietary software and information pursuant to the Terms of Service, the User acknowledges that ELK Software claims and reserves all rights and benefits afforded proprietary information under law, that the Terms of Service does not affect any transfer of title or interest in or to any proprietary software or information of ELK Software, and that it is granted only a limited right of use of such proprietary software and information as set forth in the Terms of Service.
- You are responsible for maintaining the security of your Account and password. ELK cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your Account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment and Refund Terms
- A valid credit card or other acceptable method of payment is required for your account.
- Current pricing for the Service can be found on ELK’s website at http://realtycommander.com/features-pricing/
- After signing up, ELK will interact with the appropriate representatives from your company to setup your Account. When your Account is ready for use, the Service will be billed to your credit card in advance for the set up fee and first billing cycle (either monthly, quarterly or annually) and thereafter, until cancelled, for subsequent months. See Cancellation and Termination below.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in the Service, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ELK does not accept any liability for such loss.
Cancellation and Termination
- The license owner is solely responsible for properly canceling your account. The license owner must be the person to cancel the account. They must do so at any time prior to your next billing cycle, by sending an email from the license owner’s email address to our support at firstname.lastname@example.org. The License Owner may also submit a Help Ticket from within the app. Keep copies of your cancelation emails as this is your proof of cancellation.
- Refunds – Your account is not eligible for a refund of any kind for charges prior to your cancellation date. Even if you don’t use the product, you will still be liable for charges up until the date of your cancellation. The only exception is ELK gives a 30 day money back guarantee, where ELK will refund the first billing cycle charges within 30 days of your first billing date. After 30 days from your start date, there will be no refunds for charges prior to your cancellation date.
- Monies Owed – you are responsible for payment up through your cancelation date. We have and will pursue collections on your account for any monies owed up until the point of cancellation.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. There are no refunds.
- ELK, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. ELK reserves the right to refuse service to anyone for any reason at any time.
- There will be no refunds, except as explicitly described above, or credits for partial months of service or for months unused with a multi-month prepaid account. In order to treat everyone equally, no exceptions will be made.
Modifications to the Service and Prices
- ELK reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly, quarterly or annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. ELK may email the License Owner at the email provided upon sign-up, any change in pricing to their subscription of the Service and the License Owner shall have 30 days to cancel the service or accept the new pricing structure.
- ELK shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- The License Owner of the account is responsible for monitoring their email, as all notifications from ELK will go to the License Owner’s email address.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support provided on a best-effort basis is included with your subscription. It can be accessed via email at email@example.com or via phone at800-658-3420. Onsite assistance can be requested for an additional daily consulting rate plus travel expenses.
- You understand that ELK uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. ELK is not responsible for a disruption of Service or any of its features for any reason.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ELK, or any other ELK service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ELK.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ELK customer, employee, or associate will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- If your bandwidth usage or storage usage significantly exceeds the average usage (as determined solely by ELK) of other ELK customers, we reserve the right to disable your account or throttle your file hosting until you can reduce your consumption.
- ELK does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that ELK shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ELK has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of ELK to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ELK and govern your use of the Service, superseding any prior agreements between you and ELK (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at firstname.lastname@example.org