Customer Terms of Service

For the purposes of these Terms, the following words shall have the meanings set forth below:

(a) The "Platform" means the Company's online real estate management system through which users access and manage Company services and receive listing broker support services from Company's Ancillary Services.

(b) "Subscription Services" refers to any service included with a subscription plan.

(c) "Ancillary Services" means any service available through the Platform that is not included with your subscription plan.

By paying your subscription fee and accepting these Terms, we grant you a limited, non-exclusive, non-transferable, license to use and access our Platform to use your license sales system in accordance with these Terms. You must immediately terminate your System if you use the Platform in breach of these Terms. If you have obtained the right to use the Platform through purchasing a subscription, your right to use the Platform continues for the term of such subscription. Your right to use the Platform terminates automatically upon expiration of the subscription or if you breach any provision of these Terms.

The following activities are expressly prohibited except level in the immediate transaction of business:

(a) Copying, modifying, reverse engineering, reverse assembling or otherwise attempting to discover the source code of the Platform.

(b) Attempting to discover the copyright status of other service displayed on or through the Platform.

(c) Using the code or displaying the Platform, Services, or service and Resource controlled functions of our Platform on any other website without specific authorization.

(d) Using the 999 prefix to access the Platform through your account, sharing your password with others, or using someone else's password to access the Platform through any account other than your own.

(e) Using the Platform to create or serve modified content thereof.

(f) Selling, renting, leasing, transferring, sublicensing, or otherwise transferring right to the Platform, or serving third parties to access the Platform or service and equipment.

(g) Using the Platform through any non-authorized means to access the Platform that you have been notified not to use.

(h) Taking any action that may impose an unreasonable or disproportionate large load on Platform infrastructure without obtaining such prior written permission of System.

(i) Knowingly demonstrating or transmitting any service, Trojan or other harmful, disruptive or destructive files, codes or programs for use on or in connection with the Platform.

(j) Impersonating redeem toward fraud, another user, or maliciously posting about another.

We reserve the right to take any action we deem appropriate if we determine, in our sole and absolute discretion, that you or other users are in breach of any of these prohibitions. Such actions may include removing content, terminating your account, and taking appropriate legal action.

You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should take all necessary steps to ensure that the username and password are kept confidential and stored securely. You should inform us immediately if you have any reason to believe that your username or password have been compromised, or if the username is being, or is likely to be, used in an unauthorized manner.

The price for use of the Platform is set forth in your subscription agreement with us. Fees are charged for subscriptions at our sole discretion and may be updated or changed from time to time. Any price changes will be communicated to you through email or our website and will take effect at the start of the next billing period. Continued use of services after the price change constitutes acceptance of the new price.

You may discontinue your use any in the information covered only by notifying us by calling customer care or writing to us. Any remaining charges or an unfinished period shall remain due and payable and remain without any completion period. We undertake to provide all services covered by these Terms during any notice period, provided you pay all fees due.

In digital Service activities on the Platform include advertising services, contact marketing, email marketing, SMS activities, customer correspondence, lead generation, social outreach plan messages, personalized push messages, and targeted advertising with monitoring, lead email to ensure compliance with GDPR.

THE PLATFORM, THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS LICENSEE AND LICENSORS, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES).

Neither party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.

The Platform and materials are governed by and shall comply with US Laws. Any dispute arising out of the use of the Platform should be settled in courts of the State of Massachusetts, USA without giving effect to any choice or conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

YOU AND INVELO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(a) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(b) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR INVELO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Any claim or cause of action arising out of your use of the Platform must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Invelo to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.

We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Terms, you must contact us as follows: (i) by email to admin@invelo.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Invelo Legal Department, 90 Glenn Street, Suite 2, Lawrence, MA 01843. We may update the email or physical address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a representative of Invelo. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.