Terms of service.
Last Update: 20 March 2024
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. SUBMISSIONS
9. SITE MANAGEMENT
10. PRIVACY POLICY
11. TERM AND TERMINATION
12. MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18. INDEMNIFICATION
19. USER DATA
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. CALIFORNIA USERS AND RESIDENTS
22. MISCELLANEOUS
23. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Campground Social LLC, operating as RealClear AI ("Company," "we," "us," or "our"), concerning your access to and use of the https://www.realclear.ai website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). We are registered in Wyoming, United States and have our registered office at 30 N GOULD ST STE 6610 SHERIDAN, WY 82801. By accessing or using the Site, you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these Terms of Service, then you are not authorized to access the Site. We reserve the right to make changes or modifications to these Terms of Service from time to time. We will update the "Last updated" date at the top of these Terms, and your continued use of the Site after such changes constitutes your acceptance of the revised Terms. The Site is intended for users who are at least 18 years of age. Minors may only use the Site under the supervision and with the permission of a parent or legal guardian.
2. INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features, and functionality are owned by the Company, its licensors, or other providers of such material. The Site is protected by copyright, trademark, and other laws of the United States. You may not modify, copy, distribute, transmit, display, reproduce or create derivative works from the Site. You are granted a limited, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use. No other use is permitted without the prior written consent of the Company.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you provide will be accurate and current; (2) you have the legal capacity to agree to these Terms; (3) you are at least 18 years old; (4) your use of the Site will not violate any applicable law or regulation. We reserve the right to suspend or terminate your account if you provide any false or inaccurate information.
4. USER REGISTRATION
You may be required to register and create an account to use certain features of the Site. You agree to keep your password confidential and you will be responsible for all use of your account. We reserve the right to reclaim or change your username if we deem it inappropriate or objectionable.
5. PROHIBITED ACTIVITIES
The RealClear platform is designed to help real estate agents create professional content for property listings, marketing materials, and client engagement. You may only access and use the RealClear website and services for this intended purpose. Any other commercial use of the platform is strictly prohibited unless specifically endorsed or approved by us.
As a user of RealClear, you agree not to:
- Systematically retrieve data or content from the platform to create your own collection, compilation, database, or directory without our written permission.
- Attempt to trick, defraud, or mislead us or other users, especially in trying to access sensitive account information like passwords.
- Circumvent, disable, or interfere with the security features of the RealClear platform that prevent unauthorized use or copying of content.
- Disparage, tarnish, or harm RealClear or the RealClear website and services in any way.
- Use information from the platform to harass, abuse, or harm another person.
- Submit false reports of abuse or misconduct to our support team.
- Use the platform in a way that violates any applicable laws or regulations.
- Engage in unauthorized framing or linking to the RealClear website.
- Upload viruses, spam, or other disruptive content that interferes with the use and enjoyment of the platform.
- Use any automated systems, scripts, bots, or data gathering tools to access the RealClear platform.
- Delete any copyright or proprietary rights notices from RealClear content.
- Attempt to impersonate another user or access another user's account.
- Transmit any information collection mechanisms like cookies or web bugs.
- Interfere with or disrupt the RealClear platform or its supporting networks and services.
- Harass or threaten RealClear employees or agents.
- Attempt to bypass any access restrictions or copy/adapt the RealClear software.
- Use a buying agent to make purchases on the RealClear platform.
- Make any unauthorized use of the platform, including creating accounts under false pretenses.
- Use RealClear as part of any effort to compete with us or generate revenue outside of our approved commercial uses.
6. USER GENERATED CONTRIBUTIONS
The RealClear platform may allow you to contribute content such as posts, comments, or other materials ("Contributions"). Any Contributions you provide will be considered non-confidential and non-proprietary. By creating and sharing Contributions, you represent and warrant that:
- Your Contributions do not infringe on the rights, including copyrights, patents, trademarks, trade secrets, or moral rights, of any third party.
- You are the owner or have the necessary permissions to use and share your Contributions.
- Your Contributions do not contain false, inaccurate, or misleading information.
- Your Contributions are not spam, advertising, or other unsolicited content.
- Your Contributions are not obscene, harassing, or otherwise objectionable.
- Your Contributions do not violate any applicable laws or regulations.
- Your Contributions do not infringe on the privacy or publicity rights of others.
Any use of the RealClear platform that violates these terms may result in the termination or suspension of your account.
7. CONTRIBUTION LICENSE
By posting Contributions to RealClear, you grant Campground Social LLC an unrestricted, perpetual license to use, copy, reproduce, distribute, and create derivative works from your Contributions for any purpose, including commercial use. This license applies to all media formats and channels, both now and in the future.
You waive any moral rights you may have in your Contributions, and you represent that no other party has asserted any ownership or proprietary rights. While you retain ownership of your Contributions, you agree not to take any legal action against Campground Social LLC regarding your Contributions.
Campground Social LLC reserves the right to edit, categorize, or delete any Contributions at our sole discretion, without notice to you. We have no obligation to monitor your Contributions.
8. SUBMISSIONS
Any questions, comments, suggestions, or other feedback you provide about the RealClear platform ("Submissions") will become the sole property of Campground Social LLC. We will have the unrestricted right to use and disseminate these Submissions for any lawful purpose, commercial or otherwise, without any acknowledgment or compensation to you. You waive any moral rights you may have in your Submissions and represent that you have the right to provide them.
9. SITE MANAGEMENT
Campground Social LLC reserves the right, but not the obligation, to: (1) monitor the RealClear website for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the RealClear website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the RealClear website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
10. PRIVACY POLICY
Campground Social LLC cares about data privacy and security. Please review our Privacy Policy: https://realclear.ai/privacy. By using the RealClear website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the RealClear website is hosted in the United States. If you access the website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the website, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the RealClear website as quickly as is reasonably practical.
11. TERM AND TERMINATION
These Terms of Use will remain in effect for as long as you use the RealClear Service. We reserve the right, at our sole discretion, to refuse access to or use of the Service to any individual for any reason, including but not limited to violation of these Terms of Use or any applicable laws or regulations. We may suspend or terminate your account and remove any content or information you have posted at any time, without prior notice.
If we suspend or terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fictitious name, or the name of any third party, even if you are representing that third party. In addition to terminating or suspending your account, we may pursue any other legal remedies available to us.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the exclusive right to modify, amend, or remove the content of the RealClear Service at any time and for any reason, at our sole discretion, without prior notice. We are under no obligation to update any information on the Service. We also reserve the right to interrupt, delay, or discontinue all or part of the Service at any time, without notice. We will not be liable to you or any third party for any such modification, price change, suspension, or discontinuation of the Service.
We cannot guarantee the continuous availability of the RealClear Service. We may experience hardware, software, or other issues, or need to perform maintenance, which could lead to interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, discontinue, or otherwise change the Service at any time and for any reason, without prior notice to you. You acknowledge that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance. Nothing in these Terms of Use obligates us to maintain and support the Service or provide any corrections, updates, or releases.
13. GOVERNING LAW
These Terms of Use and your use of the RealClear Service are governed by and interpreted in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Any disputes arising from these Terms of Use or your use of the Service will be resolved in the state or federal courts located in the State of Wyoming.
14. DISPUTE RESOLUTION
Informal Negotiations
If any dispute, controversy, or claim arises out of these Terms of Use (each a "Dispute"), Campground Social LLC ("we", "us", "our") and you ("you", "your") agree to first attempt to resolve the Dispute through informal negotiations for at least 30 days before initiating arbitration. The informal negotiations will commence upon written notice from one party to the other.
Binding Arbitration
If the Parties are unable to resolve the Dispute through informal negotiations, the Dispute (excluding certain exceptions outlined below) will be resolved through binding arbitration. You acknowledge that without this arbitration clause, you would have the right to litigate disputes in court and have a jury trial.
The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes. Your arbitration fees and portion of the arbitrator compensation will be limited as per the AAA Consumer Rules. The arbitration may be conducted in person, by document submission, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by the AAA rules or applicable law, the arbitration will take place in Wyoming.
Aside from compelling arbitration, staying proceedings, or confirming/modifying/vacating the arbitrator's award, the parties may only litigate in the state and federal courts located in Wyoming, to which the parties consent and waive all defenses of lack of personal jurisdiction and forum non conveniens.
No Dispute may be initiated more than 1 year after the cause of action arose. If any portion of this arbitration clause is found unenforceable, that part will not be arbitrated, and will instead be decided by a court in Wyoming.
Restrictions
Arbitration shall be limited to the individual Dispute between the parties. There is no right to consolidate proceedings, participate in a class action, or bring a dispute in a representative capacity on behalf of others.
Exceptions
The following Disputes are not subject to the informal negotiations or arbitration provisions: (a) disputes regarding intellectual property rights; (b) disputes related to theft, piracy, privacy invasion, or unauthorized use; and (c) claims for injunctive relief. If this exception is found unenforceable, the excepted Disputes will be decided by a Wyoming court.
15. CORRECTIONS
We reserve the right to correct any inaccuracies, errors, or omissions in the content on the RealClear website at any time, without prior notice. This includes correcting any issues with pricing, availability, or descriptions of our services.
16. DISCLAIMER
The RealClear website and services are provided "as-is" and "as-available." We make no warranties, express or implied, about the accuracy, completeness, or reliability of the website content or the services. We are not responsible for:
1) Any errors, mistakes, or inaccuracies in the content.
2) Any personal injury or property damage resulting from your use of the website.
3) Unauthorized access to our servers or your personal/financial information.
4) Any interruptions or terminations of service.
5) Any malware or harmful components transmitted through the website.
6) Any errors, omissions, or loss of data.
We do not endorse or guarantee any products or services offered by third parties through our website. You should exercise caution and good judgment in all your transactions.
17. LIMITATIONS OF LIABILITY
Under no circumstances will we or our directors, employees, or agents be liable for any direct, indirect, consequential, special, or punitive damages, including lost profits or revenue, from your use of the RealClear website. Our maximum liability to you is limited to the amount you paid us in the one-month period prior to any claim. Some jurisdictions do not allow limitations on implied warranties or certain damages, so these limitations may not apply to you.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any claims, damages, or demands made by third parties due to: your use of the website, your content contributions, breach of these Terms, violation of third-party rights, or any harmful acts toward other users. We reserve the right to take over the defense of such claims at your expense.
19. USER DATA
We will retain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. While we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You acknowledge that we shall not be liable for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of your data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Your use of the RealClear website, sending us emails, and completing online forms represent electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE REALCLEAR SITE. You hereby waive any rights or requirements under any laws that require an original signature, non-electronic records, or payments/credits by non-electronic means.
21. CALIFORNIA USERS AND RESIDENTS
If any grievance with Campground Social LLC is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Terms of Use, along with any policies or rules posted on the RealClear website, represent the full agreement and understanding between you and Campground Social LLC. Our failure to exercise or enforce any right or provision shall not be considered a waiver. These Terms are enforceable to the fullest extent permitted by law. Campground Social LLC may assign any rights and obligations to others at any time. We shall not be liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision is determined to be unlawful, void, or unenforceable, it shall be severed without affecting the validity of the remaining terms. No joint venture, partnership, employment or agency relationship is created between you and us. You agree these Terms will not be construed against us as the drafting party. You waive any defenses based on the electronic form of the Terms or lack of signatures.
23. CONTACT US
To address a complaint or receive more information about using the RealClear site, please contact us at:
Campground Social LLC
30 N Gould St Ste R, Sheridan, WY 82801, USA
hello@realclear.ai