Terms of Use

These Terms of Use (“Terms”) provides information about your obligations when using and accessing the applications and services through the Site. By viewing, accessing or using the Site, you acknowledge, understand and agree that you accept and agree to comply with these Terms. Please do not use the Site if you do not accept these Terms. 
1. Permissible Use of the Site.

• Age.  You must be at least 18 years old to use the Site and a resident of the United States. You should not use the Site if you are not 13 years old.
• Third Party Rules. You agree to and will comply with all Terms of Use Below, including third party terms, and use the Services only for your personal use or for commercial uses intended only for your personal benefit.  You acknowledge that you may be entering into a broker client relationship with RealtyBates as defined under California law and that you may have a desire to purchase, sell, or lease real estate through the RealtyBates.

2. Registration and Account Use.  You may need to register for a RealtyBates account to see complete home listings as this is required by various MLS services. It is your responsibility to keep your RealtyBates profile information accurate. You agree to keep your password confidential, not use others’ accounts, nor permit others to use your account. Realtybates reserves the right to terminate accounts in its discretion.
3. Access through Mobile or Internet Provider.  You acknowledge that you are responsible for all charges and necessary permissions related to accessing RealtyBates and its Services through your mobile access provider.
4.  Third Party Agents.  A Third Party  Agent is employed by or works with another brokerage and is not a representative or employee of RealtyBates.  Realtybates is not responsible for the work performed or the services provided by Third Party Agents.
5. Third Party Sites and Linked Materials.  RealtyBates may include links to third party websites (“Third Party Sites”) in its Services, including links to Third Party Sites. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. RealtyBates is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.  Any information you obtain from the RealtyBates Site, including a Third Party Site is for informational purposes only and for your personal, non-commercial use.You will not copy, redistribute, or retransmit any of the information, including any information from third party sources, except in connection with your consideration of the purchase or sale of a property. RealtyBates is not responsible or liable for and expressly disclaims any warranty or representation as to the accuracy of any data provided by third party sources of information that may be accessed or viewed by you when you are directed via link to third party sites. 
6. Intellectual Property Ownership and License.

• Copyright.  All materials (including source code, data, images, and other content) contained in the Services and Site, including the selection and arrangement of the materials, are owned by RealtyBates or are licensed by RealtyBates for use on the Sites
• Trademarks.  RealtyBates, the RealtyBates logos and other trademarks, service marks, graphics, and logos used in connection with the Site are proprietary and owned by us.  Other third party trademarks and logos used in connection with RealtyBates may be the trademarks of their respective owners.
• Data.  The third party data on our Site is the property of the individual services providing the data. 
• Other Intellectual Property. RealtyBates also owns trade secrets and know-how that contribute to the functionality of the Services.
• Restrictions  You may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use (or misuse) of the Services or any of their components. You may not use any meta-tags or other hidden text using the RealtyBates name or trademarks without our specific permission. We may revoke your permission to access and use the Sites or Services, and we may block or prevent you from accessing the Sites or Services, in our sole discretion without notice. If you violate this Agreement, your permission to access and use the Sites or Services is automatically revoked.
• Reservation of Rights Except for the limited license granted above, RealtyBates reserves all of its intellectual property rights in the Site and applications. This Agreement does not grant you any right or license with respect to any trademarks and logos.
• Third Party Information. RealtyBates is not responsible for any errors in displayed information or delays in displaying information. All information provided on the Site is either transmitted to RealtyBates from other entities or persons or was obtained through publicly available sources. Issues of data accuracy may be brought to the attention of RealtyBates by sending us an email but it is likely that such information accuracy cannot be corrected by RealtyBates and the entity or person that generated the information must be appealed to.

7. Termination.
You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you’d like to deactivate your account, please visit your contact us. RealtyBates may terminate this Agreement or your account at any time, with or without notice, in its sole discretion.
8. Indemnification.
Subject to applicable law, you agree to indemnify RealtyBates and hold RealtyBates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) information you provide to the Site, and/or (c) any activity in which you engage on the RealtyBates Site or using the RealtyBates applications.
9. Disclaimers.
REALTYBATES PROVIDES THE SITE ON AN “AS IS” BASIS. REALTYBATES DOES NOT CONTROL OR VET THIRD-PARTY GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. REALTYBATES AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY REALTYBATES OR ANYTHING RELATED TO REALTYBATES OR ITS SERVICES, YOU MAY DEACTIVATE YOUR REALTYBATES ACCOUNT AND TERMINATE THIS AGREEMENT IN (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. REALTYBATES DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES. REALTYBATES DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. REALTYBATES DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. REALTYBATES DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, REALTYBATES DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
10. Limitation of Liability.
SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL REALTYBATES OR ANY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST REALTYBATES OR ITS SUPPLIERS WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
11. Release.
You release Realtybates, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
12. Dispute Resolution.

• Binding Arbitration and Class Action Waiver. It is hereby acknowledged and agreed that, in all respects, both procedurally and substantively, by the Federal Arbitration Act. You and RealtyBates agree to submit to mandatory binding arbitration any and all Claims that may be compelled to arbitration under this Agreement as a matter of applicable law. You and RealtyBates agree that no class, collective, aggregate, or representative actions can be asserted in arbitration, litigation, or otherwise (“Class Action Waiver”). All Claims must be brought solely in your or RealtyBates’s individual capacity, and not as a plaintiff or class member in any purported class, representative, aggregated, or collective proceeding.
• Equitable Remedies.  The arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or RealtyBates, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. To the extent that you or RealtyBates prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.
• Process. The arbitration shall be conducted with the Judicial Arbitration and Mediation Service (JAMS) before a single neutral arbitrator who shall be a former California judge mutually selected by the parties, or, if they cannot agree, pursuant to JAMS' Rules and Procedures.  The venue for the arbitration shall be San Francisco, California. The arbitrator shall also have the sole and exclusive authority to determine the enforceability, interpretation, and implementation of this Agreement, as well as the arbitrability of disputes under this Agreement, except that the enforceability and interpretation of the Class Action Waiver shall be decided solely by a court of law having jurisdiction over the issue. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Each party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. When initially  filing an arbitration with JAMS you will be required to pay a $250 filing fee (or the then-current JAMS filing fee).

A demand for arbitration must be in writing and delivered by hand or first class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to RealtyBates at:  Realtybates, Inc., 708 Long Bridge Street, Suite 510, San Francisco, CA 94158.  The arbitrator may award any party any remedy to which that party is entitled under applicable law. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the arbitrator, or as necessary to confirm or enforce the arbitrator’s award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
13.  Copyrights.  Users of the Site will comply with applicable copyright laws.
14. Additional Legal Terms.

• Severability.  If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible.
• Notices.  You may contact us by email.
• Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and RealtyBates regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use us as your agent to buy or sell a home.
• Amendments to This Agreement. We reserve the right to modify, supplement, or replace the terms of this Agreement.
• No Waiver. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
• Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement.

15.      Complaints Regarding Content Posted on the RealtyBates Website. For non-copyright complaints, you may email us.
16.      California Licensed Brokerage. RealtyBates is a California licensed broker controlled and currently operated in California. We make no representation that the Site is appropriate or available for use in any particular state other than California. Those who choose to access RealtyBates do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17.      Export.  The Site, including applications from RealtyBates, is further subject to United States export controls. No portion of the Site, including applications from Realtybates, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.

18.      Rebates and Listing Fee Disclaimer.  The amount Buyers receive as a cash rebate when you buy a home using RealtyBates are subject to the sole and absolute discretion of RealtyBates and the actual amount payable to Buyer will vary and depends on a number of factors and adjustments, including among other things, (i) the amount of the purchase price, (ii) the amount of broker cooperation fees, commissions, referral fees actually received by RealtyBates at the close of escrow from a Home Builder, Home Owner Seller, or broker/agent (if RealtyBates has referred the buyer client to such broker/agent), (iii) the number of site visits to new construction home sites and/or offers that are submitted by RealtyBates on your behalf, (iv) any and all referral or other fees that RealtyBates is obligated to pay to other referring or referred brokers/agents or service providers (e.g. Realtor.com, Zillow, RedFin, Homelight, internal or external referring agents, etc.), and other costs incurred by RealtyBates, which will reduce the amount of the actual cash rebate payable to Buyers. When Buyers purchase a new construction home from a Home Builder, and subject to the adjustments mentioned in this Section 18, RealtyBates typically receives a broker cooperation fee from Homebuilder which RealtyBates once escrow closes on a home purchase.  If you execute an exclusive Buyer Representation Agreement appointing RealtyBates and its representatives as your agent and use to close escrow on and purchase a new construction home from a Home Builder, you may be entitled to a cash rebate from RealtyBates; the amount of cash rebate payable to you, is subject to the sole and absolute discretion of RealtyBates.Cash rebates, if any, will be higher when you buy a new construction home from a Home builder and lower when you buy a home from a home pre-owned by a homeowner seller.  Some Home Builders do not offer broker cooperation fees to RealtyBates in which case you will not be entitled to any cash rebate.  The cash rebate, if any, does not include Seller's agent's fees for existing home sales (which are typically 2.5% to 3% and is subject to a minimum Buyer’s agent commission of $5,000 (Minimum Buyer's Agent Commission) before a Buyer will entitled to a cash rebate.  Any cash rebate for purchases of a home from either Home Builder or Home Owner Seller will also be will be subject deductions for (a) the adjustments referenced in this Section 18 and (b) the Minimum Buyer's Agent Commission.  

RealtyBates may offer lower listing fees to Sellers who list their property for sale with RealtyBates for showcase ready homes (which does not include Buyer's Agent fees) which are subject to the sole and absolute discretion of RealtyBates. You may be entitled to additional cost savings if you make a subsequent purchase of a home using RealtyBates within 6 months after having utilized RealtyBates to sell your home.  Talk to a RealtyBates agent for details.