The Term begins when you sign up with Realvolve and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Realvolve on behalf of a company, brokerage or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You may terminate your subscription with a notice of cancellation at least 30 days prior to the next renewal date. Realvolve may suspend our Service to you at any time, with or without cause. If your account is terminated, we may permanently delete all the data associated with it, including your contacts, listings, escrows, emails and SMS number from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
A valid credit card is required for all accounts. The Service is billed in advance based on your elected billing period and is non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions can be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Realvolve does not accept any liability for such loss.
6. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for the use of any account that you have access to, whether or not you authorized it. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
7. Proprietary Rights Owned By Us
You shall respect our proprietary rights in the Website and the software used to provide Realvolve. Proprietary rights include, but are not limited to, any patents, trademarks, service marks and copyrights.
8. Proprietary Rights Owned By You
10. Right to Review Sent Email, Facebook, Twitter and SMS messages
We may view, copy and internally distribute content from your communications and account to develop algorithms and programs ("Tools") that help us spot problem accounts. We may use these Tools to find Members who violate these Terms or applicable law.
Rules and Abuse
11. General Rules
You promise to follow these rules:
You won’t send Spam! By “Spam,” we mean the definition on the Spamhaus website.
You won’t use purchased, rented, or third-party lists.
You won’t violate our Acceptable Use Policy, which is part of this Agreement.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only provided to paying account holders and is only available via email.
You understand that Realvolve uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Realvolve, or any other Realvolve service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Realvolve.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Realvolve customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Realvolve) of other Realvolve customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Realvolve does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Realvolve shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Realvolve has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Realvolve to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and Realvolve and govern your use of the Service, superceding any prior agreements between you and Realvolve (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to support at Realvolve dot com.
12. Bandwidth/Abuse Throttling
You may only use our bandwidth for your Realvolve emails, and we may throttle your sending at our discretion.
13. Compliance with Laws
You represent and warrant that your use of Realvolve will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws.
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Realvolve and collecting information from sending Emails, you:
Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Realvolve.
Have collected, stored, used and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow Realvolve to receive and process data and send communications to that individual on your behalf.
Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
European Economic Area (EEA)
This section applies to people who are sending to or from the European Economic Area. The EEA includes countries that are part of the European Union, plus Iceland, Liechtenstein and Norway.
14. U.S. Export Controls
The software that supports the Services (the "Software") is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.
15. Reporting Violations
If you become aware that anyone is violating any of the Terms of this Website, please notify us immediately.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Website and the Services, including any downloads from the Website. We won’t be liable for any indirect, punitive, special or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
17. No Warranties
*To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose. *
You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that aren’t permitted under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from claims by third parties that you or someone using your password behaved in a way that, if true, would violate any of these Terms.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney's fees and any damages or other relief we may be awarded.
We disclaim and aren’t responsible for the behavior of any advertisers, linked websites or other Members.
21. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
22. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs.
23. Notice to U.S. Government End Users
The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms
- Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Realvolve, Inc., a Delaware corporation, 1951 Clark Avenue, Raleigh, Wake County, North Carolina 27605
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
25. Choice of Law
26. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
30. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
31. No Changes in Term at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
32. Further Actions
You’ll provide all documents and take all actions that are necessary to meet your obligations under these Terms.
33. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a "List"), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Terry Carlton, Esq., 1951 Clark Avenue, Raleigh, NC, 27605, or any addresses as we may later post on the Website.
Examples of Communication:
Occasionally, we have to disclose information about our customers to meet legal requirements. Third-party disputes are a common example: If two parties have a dispute, and one of them used Realvolve in a way that’s relevant to the dispute, then we might get a request for user data. Whether we say “no way” or comply depends on the subpoena.
36. Public Information and Third Parties
Blog. We have public blogs on our Website. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you’d like it to be removed, contact us here. If we’re not able to remove your information, we’ll let you know why.
Social Media Widgets. Our Websites include social media features, like the Facebook Like button. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
37. Content of Email Campaigns
When you send email marketing, it bounces around from server to server as it crosses the internet. Along the way, server administrators can read what you send. Email wasn’t built for confidential information. If you have something confidential to send, please don’t use Realvolve.
Our rule of thumb is “Never send anything in an email that you wouldn’t put on a postcard.”
39. Your Contact List
Your subscriber lists (contacts) are stored on a secure Realvolve server. We don’t, under any circumstances, sell your lists, contact people on your lists, market to people on your lists, steal your lists, or share your lists with any other party, unless it’s required by law. If someone on your list complains or contacts us, we may then contact that person. Only authorized employees have access to view Contact Lists. You may export (download) your lists from Realvolve at any time, as long as we have a copy.
We’ll use and disclose the information in your Contact Lists only for the reasons listed under Use of Your Personal Information, except the following. (In other words, we will not use and disclose the information in your Distribution Lists to):
40. Your Contact Data
It’s worth repeating: We respect your privacy and your subscribers’ privacy. We do not sell your information or bother anyone on your mailing list.
Realvolve uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Realvolve. Although Realvolve owns the code, databases, and all rights to the Realvolve application, you retain all rights to your data.
41. Notice of Breach of Security
Nobody’s safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then Realvolve will notify you as soon as possible and later report the action we took in response.
42. Safeguarding Your Information
To protect your information, our credit card processing vendor uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions. Our vendor is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC).
Realvolve accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Contact Lists is so sensitive, account passwords are encrypted, which means we can’t see your passwords. We can’t resend forgotten passwords either. We’ll only reset them.
43. Vulnerability Disclosure Policy
Realvolve strives to provide stable and secure software and to protect all data entrusted to our systems. To that end, the company welcomes its users and the public to report errors (“bugs”) and vulnerabilities in the company’s own code or within infrastructure. Please send email to email@example.com to report an issue. A member of the security team will triage, assess, and respond to each report within 24 hours.
44. Safe Harbor Certification
Realvolve complies with the U.S.–E.U. and U.S.–Swiss Safe Harbor Framework, which is overseen by the U.S. Department of Commerce and covers the collection, use, and retention of personal data from European Union member countries and Switzerland. We certify that we follow the principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.
45. Accuracy of Data, Transparency, and Choice
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do that. If your data changes (like a new email address), then you’re responsible for notifying us of those changes.
We only store data about you for as long as it’s reasonably required to fulfill the purposes that gave us the right to access it in the first place. We keep some data indefinitely, relating to when and where Emails were sent, which bounced, which resulted in a complaint, and similar information, because we use it to help us screen out people who violate SPAM laws, and for other reasons explained in this policy.
We’ll give you access to any Personal Information about you that we hold within 30 days of any request for that information you make by emailing firstname.lastname@example.org. Unless it’s prohibited by law, we’ll remove any Personal Information about you from our servers at your request.
47. Entire Agreement