These Terms and Conditions govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Realify LLC (“Realify,” “we,” or “our”), including the www.alertifyre.com website and the Alertifyre mobile application (the “Site”), as well as the services (“Services”) available to users through the site. By downloading, installing, accessing, or using the Site you will be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms, Realify is not willing to grant you any right to use or access the Site.  In such event, you may not download, install, access, use, or copy the Site.  

The Site is licensed to you, not sold. Except for the limited license granted in these Terms, Realify and its licensors retain all right, title and interest in the Site and all proprietary rights in the Site, including copyrights, patents, trademarks, and trade secret rights. 

These Terms provide that all disputes between you and Realify will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the “Dispute Resolution and Arbitration” section below for the details regarding your agreement to arbitrate any disputes with Realify.

The parties hereby agree as follows:

Grant of License.  Realify grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the application portions of the Site for use on your mobile device and the products you purchase from us.  You may not install or use the application portions of the Site on a device that you do not own or control.

Limitations On License.  The license granted to you is restricted as follows: 

• Limitations on Copying and Distribution. You may not copy or distribute the Site except to the extent that copying is necessary to use the Site for purposes set forth herein. 
• Limitations on Reverse Engineering and Modification. You may not (i) access or use the application programming interfaces (“APIs”) for any purpose other than your licensed use of the Site or (ii) reverse engineer, decompile, disassemble, modify or create works derivative of the Site, except to the extent expressly permitted by applicable law.
• Sublicense, Rental and Third-Party Use.  You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site, or directly or indirectly permit any third party to copy and install the Site on a device not owned and controlled by you.  
• Proprietary Notices.  You may not remove any proprietary notices (g., copyright and trademark notices) from the Site or its documentation.
• Use in Accordance with Documentation.  All use of the Site must be in accordance with its then current documentation, if any, provided with the Site or made available on the Site.
• Confidentiality.  You must hold the application portions of the Site and any related documentation in strict confidence for your own use only.
• Compliance with Applicable Law. You are solely responsible for ensuring your use of the Site is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.

No Medical Advice

Realify does not provide medical advice or care. The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Realify. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Realify, or in connection with any communications supported by Realify, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. 

Eligibility

You must be at least eighteen (18) years of age to use the Service. If you are under the age of 18 and wish to create an account, your parent or legal guardian must create the account, submit your personal information, and agree to these Terms and the Privacy Policy on your behalf. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years of age or the parent or legal guardian of a user who is under the age of 18; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, e-mail address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. 

You understand and accept full legal responsibility for the content, accuracy, and sufficiency of all information that you include or do not include as part of your account. All information within your account is subject to the Privacy Policy.

By creating an account, you agree that Realify may contact you to receive informational and marketing communications relating to the Site.

You agree your account will only include information about adults or children for whom you have appropriate legal responsibility or appropriate prior consent, and that the account does not infringe or invade the privacy of anyone.

You understand and agree that you are the only person authorized to create or edit your account, unless you have authorized another person to use your username and password to enter or modify your account on your behalf. You authorize Realify to release any or all of your account information to any person to whom you have provided the username and password associated with your account.

As part of your account, you may have identified contacts or persons in your household to be notified. You understand and agree that Realify may, for reasons outside their control, be unable to contact or notify any contacts in an emergency situation.

Payment

Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Realify may change the fees for the Service or any feature of the Service, including by adding fees, on a going-forward basis at any time. Realify will charge the payment method you specify at the time of purchase. You authorize Realify to charge all sums as described in these Terms, for the Service you select, to that payment method. If you pay any fees with a credit card, Realify may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Your Content

Your Content Generally. Certain features of the Service may permit you to upload or publish content, including messages, reviews, images, text, and other types of works (“Your Content”). You retain copyright and any other proprietary rights that you may hold in Your Content that you post to the Site.

Limited License Grant to Realify. By posting or publishing Your Content, you grant Realify a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute Your Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Realify’s use of Your Content may be without any compensation paid to you.

Representations and Warranties Regarding Your Content. You are solely responsible for Your Content and the consequences of posting or publishing Your Content. By posting or publishing Your Content, you affirm, represent, and warrant that:

• You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize Realify and users of the Site to use and distribute Your Content as necessary to exercise the licenses granted by you; and
• Your Content, and the use of Your Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Realify to violate any law or regulation.

Prohibited Conduct. BY USING THE SITE YOU AGREE NOT TO:

• use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
• post, upload, or distribute Your Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
• interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
• interfere with the operation of the Service or any other user’s enjoyment of the Service, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect, personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Site account without permission, or falsifying your age or date of birth;
• sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material; or
• attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section.

Third-Party Services and Linked Websites

Realify may provide tools through the Service that enable you to export information, including Your Content, to third-party services. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third-party service’s use of your exported information. The Site may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

Termination of Use; Discontinuation and Modification of the Service

If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Realify may in its sole discretion terminate your account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. Realify may decide to charge a fee for the use of all or certain features, although Realify will provide you with prior notice before such fees take effect. We will have no liability whatsoever relating to any change to the Service or any suspension or termination of your access to or use of the Service. If you terminate your account, or if your access to the Service is terminated for any other reason, you remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination. Realify may retain Your Content or account information after your account is terminated.

Privacy Policy

Please read the Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Realify Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Modification of these Terms

Realify reserves the right to modify these Terms at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms each time you access the Site so that you may be aware of any changes to these Terms. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between Realify and you pertaining to the subject matter hereof. In its sole discretion, Realify may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Ownership; Proprietary Rights

The Site is owned and operated by Realify. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Realify are protected by intellectual property and other laws. All Materials contained in the Site are the property of Realify or our third-party licensors. Except as expressly authorized by Realify, you may not make use of the Materials. Realify reserves all rights to the Materials not granted expressly in these Terms. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Site (“Feedback”) will be the sole and exclusive property of Realify and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. Any data the we generate from your usage of the Site will be owned by Realify and handled subject to the terms of our Privacy Policy, as applicable.

Indemnity

You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Realify and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the ”Realify Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimers; No Warranties

REALIFY DOES NOT GUARANTEE DELIVERY OF ANY MESSAGE OR INFORMATION AND IS NOT RESPONSIBLE FOR ANY ACTION OR OMISSION BETWEEN OR AMONG USERS OF THE SYSTEM. REALIFY DOES NOT HAVE CONTROL OVER THE TELEPHONE SERVICE OR INTERNET SERVICE PROVIDERS NECESSARY FOR PROVIDING THE SERVICE AND ANY FAILURE DUE TO A THIRD-PARTY SERVICE PROVIDER IS NOT THE RESPONSIBILITY OF REALIFY.

YOU ARE RESPONSIBLE FOR MANAGING YOUR TELEPHONE SERVICE PROVIDER ACCOUNT, ACCOUNT SUBSCRIPTIONS, LOCATION TRACKING, AND OTHER OPT-IN STATUSES AS REQUIRED TO ALLOW THE SERVICES TO LOCATE AND COMMUNICATE WITH YOUR PHONE. ANY LOCATION PROVIDED IS APPROXIMATE AND DOES NOT PROVIDE GUARANTEED RESULTS.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE REALIFY ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE REALIFY ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

IN NO EVENT WILL THE REALIFY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY REALIFY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE REALIFY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO REALIFY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

General

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Realify regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive.

Dispute Resolution and Arbitration

Generally In the interest of resolving disputes between you and Realify in the most expedient and cost effective manner, you and Realify agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND REALIFY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions. We both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator. Any arbitration between you and Realify will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other. Your notice of dispute should be sent to us at the following address: info@realifynow.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received, you or Realify may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Realify must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Realify will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; or (ii) the last written settlement amount offered by Realify in settlement of the dispute prior to the arbitrator’s award.

Fees. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees in accordance with the applicable rules.

No Class Actions. YOU AND REALIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Realify agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications. If Realify makes any future change to this arbitration provision (other than a change to Realify’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Realify’s address for Notice, in which case your account with Realify will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

CAN-SPAM Act and Telephone Consumer Protection Act Compliance

Realify is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us and also agree to obtain consent (electronic, paper form, in-person verbal, or other means) from identified contacts to receive text messages from us. 

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Realify products or services in ways that would violate the CAN-SPAM Act, the TCPA, or other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized access to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Realify and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Realify and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Realify or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, or statutes. Your Account will be terminated for any of the above infractions.

Online Services Associated with the Application

The application portions of our Site may be used to access certain online services.  In some cases, you will not receive a separate notice when the application connects to those services.  Using the application constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services.  Your use of those services may be governed by additional terms and conditions.  Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any.  You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed.  You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.

Modified Devices and Operating Systems

Realify will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”).  Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.

No Liability for Select Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms and they do not own and are not responsible for the Site. Realify, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third-party regarding the Site or your use or possession thereof, including claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation.  You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions.  YOU AGREE (I) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE.  THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER.  In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

Location-Enabled Features

Certain location-enabled functionality made available on the Site is provided by Google Inc., Apple Inc., and other third-party providers.  Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time): http://www.google.com/intl/en-US_US/help/terms_maps.html and https://www.apple.com/legal/internet-services/maps/terms-en.html.  You must exercise your own judgment as to the adequacy and appropriateness of the information.  All location-based information is provided entirely “as-is,” without warranties of any kind. Realify makes no guarantees or warranties regarding the accuracy of any maps or location services on the Site. You are ultimately responsible for your own navigation and safety while using the Site.

Realify LLC, (“Realify” or “we” or “our” or “us”), is committed to keeping any and all personal information collected of those individuals that visit our website or mobile applications and make use of our devices, products and services current, confidential, secure and private. This privacy policy agreement (“Privacy Policy Agreement”) has been designed and created to ensure those affiliated with Realify—including our customers—of our commitment to protecting them through our compliance with this policy.

This Privacy Policy Agreement explains our practices regarding the collection, use, maintenance, protection, and disclosure of certain information in connection with use of our website, application, products, and services (our “Services”). When you (or someone on your behalf) access or use our Services, you agree to this Privacy Policy Agreement. If you do not agree with our policies and practices, your choice is not to use our Services.

Collection of Information

The Services collect various types of information from and about users (“Personal Information”), such as:

• Voluntarily provided information which may include a user’s name, email address, etc., which may be used when you purchase products 
• Real-time location data, as in GPS location information.
• Stored information and files, where voluntarily provided, including personal contacts and address book information.
• Device information, which may include information about the user’s mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
• Information automatically collected when visiting or using our Services, which may include details of the user’s access to and use of the Services, including traffic data, referring/exit pages, date and time of your visit, error information, clickstream data, other communication data and the resources that the end user accesses and uses on or through the application, cookies, third party tracking technologies and server logs. The technologies we use for this automatic data collection may include:
  • Cookies (or browser cookies). We use cookies to receive and store certain types of information whenever you interact with our website and application through your computer or mobile device. A “cookie” is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting, you may be unable to access certain parts of our website or use certain parts of our application. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website or use our application.
  • Web Beacons. Pages of our website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Realify, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Third Party Cookies and Tracking Technologies. Our service providers (such as, for example and without limitation: Google) may also use online identifiers such as cookies, web beacons, or other tracking technologies to collect and store information about you (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) when you use our website. The information they collect and store may be associated with your Personal Information or they may collect and store information, including Personal Information, about your online activities over time and across different websites and other online services. The Services may analyze the behavior of users to our website or interactions with our emails in order to provide our users with personalized purchase recommendations and to tell which mailings appeal most to our customers. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For example, you can find out more about how Google uses data when you visit our website or application by visiting “How Google uses data when you use our partners’ sites or apps”, located at google.com/policies/privacy/partners/.
  • Social Media Advertising Services. We use social media advertising services provided by social media companies, such as Facebook, Instagram, and LinkedIn. These social media companies provide web analytics and related advertising services on or in conjunction with our website. With their help, we and our customers can keep track of what users do after they see or click on a social media advertisement, keep track of users who access our website or advertisements from different devices, and better provide advertisements to our target audiences. The data from social media companies is also saved and processed by the social media sites themselves. Such social media sites can connect this data with your social media accounts and use it for its own and others advertising purposes, in accordance with their privacy notices available on the homepage of each social media website.
  • Records and copies of your correspondence (including email address) if you contact us.
  • Details of your order. You may be required to provide financial information before placing an order through our website or application.

It is the intent of the Services to use Personal Information only for the purpose for which it was requested and any additional permissible purposes described in this Privacy Policy Agreement.

You also may provide information to be transmitted to third parties you engage (collectively, “User Contributions”). Your User Contributions are transmitted to others at your own risk. Although we limit access to certain information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of the third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

We May Combine Information About You

The information we collect through our Services, automatically, or from third parties may be combined. It helps us to improve our Services and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our website and application according to your individual interests, speed up your searches, and to recognize you when you return to our website and application.

Use of Information Collected

Realify may collect and may make use of Personal Information to present our website, application, and their contents to you, to assist in the operation of our Services, to carry out our obligations, enforce our rights arising from any contracts entered into between you and us, including for billing and collection, to prevent fraudulent transactions, and for purposes of product development and market analysis. At times, we may find it necessary to use Personal Information as a means to keep you informed of changes to our website or application or other possible products and/or Services. Realify may also be in contact with you with regard to completing surveys and/or research questionnaires related to your opinion of current or potential future products or services that may be offered.

Realify may feel it necessary, from time to time, to make contact with you on behalf of other external business partners with regard to potential new offers which may be of interest to you. If you consent or show interest in presented offers, then, at that time, Personal Information, such as name, email address and/or telephone number, may be shared with the third party. 

Realify may deem it necessary to follow websites and/or pages that our users may frequent in an effort to glean what types of services and/or products may be the most popular to customers or the general public.

Disclosure of Information

Realify does not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Policy Agreement. However, we may also disclose aggregated information about our users, and information that does not identify any individual, without restriction. Realify may disclose your Personal Information to:

• Affiliates, contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. These entities provide IT and infrastructure support services, marketing, advertising and promotion, and payment processing services;
• fulfill the purpose for which you provide it; for example, when you direct us to send an alert to a family member or friend;
• Third parties to market their products or services to you if you have consented to these disclosures;
• Any other third party with your consent; 
• Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon Realify;
• Maintain, safeguard and/or preserve all the rights and/or property of Realify;
• Effectuate a corporate change in control resulting from, for example, a merger, a sale of assets, or bankruptcy; and
• Perform under demanding conditions in an effort to safeguard the personal safety of our users and/or the general public.

Realify shall maintain and may furnish to law enforcement and/or government entities a sales record, which identifies the customer and item(s) purchased, if and as required by state law.

Choices About How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above in Disclosure of Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes. In addition, we strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your Personal Information, which include:

• Promotional Offers from Realify. If you do not wish to have your email address used by Realify to promote our own products and Services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us. This opt out does not apply to information provided to Realify as a result of a product purchase.
• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information to Affiliates and Third-Parties. By using our Services, you consent to our sharing of your Personal Information with our affiliates and third parties for their promotional purposes. If you wish to unsubscribe from such affiliate and third parties’ promotions, you can do so by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us or them.
• Targeted Advertising. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative (NAI) websites (aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

Children Under the Age of 13

With parental consent, Realify may collect Personal Information from children under the age of thirteen (13). If we learn that we have collected or received Personal Information from a child under the age of thirteen (13) without parental consent, we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Parents have the right to review their child’s Personal Information; to have their child’s Personal Information deleted; and to refuse further collection, use, and/or disclosure of their child’s Personal Information by notifying us. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use our products.

Unsubscribe or Opt-Out

All users and/or visitors to our Services have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our Services please send an email that you wish to unsubscribe to info@realifynow.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe and/or opt-out.

Your Data Protection Rights

All users of our Services have data protection rights.  Every user is entitled to the following:

• The right to access – You have the right to request from us copies of your personal data. We may charge you a fee for this service.
• The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request we complete the information you believe is incomplete or inaccurate.
• The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
• The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
• The right to object to processing – You have the right to object to us processing your personal data, under certain conditions.
• The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you.

Response to Do Not Track Signals

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers.  We are committed to providing you with meaningful choices about the information collected through our Services for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above.  However, we do not currently recognize or respond to browser-initiated DNT signals. 

Links to Other Web Sites

Our website does contain links to affiliate and other websites. Realify does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects Personal Information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.

Security

We have implemented measures designed to help secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls.

The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or by our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Period of Storage of Personal Information

Realify shall store and maintain your Personal Information for so long as you are a customer of our Services. Currently live data is deleted if the customer deletes their account from the mobile app, if the account is inactive for 3 years, or on accordance with state and country laws. The archived data will reside on encrypted database backups and will be purged in accordance with Realify’s data lifecycle management policy.

Changes to Privacy Policy Agreement

Realify reserves the right to update and/or change the terms of our Privacy Policy Agreement; any such changes will be posted to our website homepage, so that our users are always aware of the type of information we collect, how it will be used, and under what circumstances we may disclose such information. If at any point in time Realify decides to make use of any Personal Information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

Acceptance of Terms

Through the use of our Services, you are hereby accepting the terms and conditions stipulated within the aforementioned Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our Services. In addition, your continued use of our Services following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.

Additionally, for all our European customers:

(1) Your acceptance of the terms and conditions within this Privacy Policy Agreement is your explicit consent for cross-border transfers and processing of personal information from Europe to our servers in the United States of America in compliance with Article 49(1)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council, commonly known as the General Data Protection Regulation (“GDPR”);

(2) Unlike the European Union, the United States does not have a single, comprehensive national law that regulates the collection and use of personal data. Instead, the U.S. has a complex approach to regulating specific types of personal data involving laws and administrative rules that: (a) are issued by national and state-level governments, and (b) apply to certain industries such as financial service firms and health care providers. Self-regulatory frameworks also exist in the U.S. that provide guidelines and best practices for handling personal data; and

(3) By transferring your personal data to the U.S., you accept that (a) once your data is transferred to the U.S., it will be subject only to the laws and regulations of the United States and its individual states, (b) those laws and regulations do not afford you the same or equivalent rights as those set forth in the GDPR, and (c) your personal data could become involved in litigation in the event legal action is taken against Realify by third-parties.

How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our Services, please feel free to contact us at the following email address.

Attn: Data Protection Officer

Email: info@realifynow.com