RealiReviews Terms and Policy

User Terms

RealiReviews Terms of use (last updated May 11, 2016)

These Terms of Use (this "Agreement"), which is a legal agreement between you ("You" or "you") and RealiReviews, LLC, a Virginia Limited Liability Company ("RealiReviews"), shall govern Your use of and access to the Application (as defined below) and the Website (as defined below). By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by making any use of the Application and/or Website, You (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to RealiReviews that (i) You are at least 13 years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agree to the terms set forth herein on your behalf), (ii) this Agreement is binding and enforceable against You, (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and (iv) You have read and understand RealiReviews Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the "Privacy Policy"), and agree to abide by the Privacy Policy. RealiReviews may amend this Agreement from time to time, each of which amendments shall be deemed to be effective 2 days after posting the updated Agreement at the Website or within the Application. You should check the Website, the Application and this Agreement regularly to ensure You remain current on the terms and agreements set forth herein. Your use of RealiReviews’s services, including the services RealiReviews makes available through this website, including this website (the “Site” or the “RealiReviews Site”) and any content (“RealiReviews Content”) made available through this website (collectively the “Services” ) is governed by these terms and conditions (the “Terms”). Please read these terms carefully before using the Services. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promisingthat you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR REALIREVIEWS CONTENT.

  1. Purpose

    The purpose of this Agreement is to set forth the terms and conditions under which, among other things, (i) RealiReviews will license to You use of certain of RealiReviews technology, software and/or services such that You can utilize the Application through your mobile device, and (ii) You can access and/or use the Website (collectively, the "Purpose"). As stipulated elsewhere in this Agreement, RealiReviews does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.

  2. License

    RealiReviews grants you a business, royalty-free, non-assignable and non-exclusive limited license to access and use RealiReviews rewards software platform commonly referred to as "RealiReviews Rewards" (the "Application") as made available through its website located at www.RealiReviews.com. (the "Website") and/or via mobile application during the Term (as defined below) solely for the Purpose. RealiReviews may, from time to time, update or modify the Application, release new versions of the Application or create new modules related thereto, each of which may, at RealiReviews discretion, be included within the license described above. Please note that you may use this software for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of RealiReviews through the Services (the content) in any way, except as permitted by the Terms


    User accounts/Personal info
    In the course of using the Services, you may be required to provide RealiReviews personally identifiable information, including contact information, username and password (“Credentials”). RealiReviews handles such information with the utmost attention, care and security. Nonetheless, you, not RealiReviews, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify RealiReviews promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify RealiReviews of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify RealiReviews immediately. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

  3. User-generated content

    By making available any user-generated content (“User Content”) through the Site and Services, you hereby grant to RealiReviews a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. RealiReviews does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to RealiReviews the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or RealiReviews’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. RealiReviews reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a takedown request from RealiReviews. In the event that you elect not to comply with a request from RealiReviews to take down certain User Content, RealiReviews reserves the right to directly take down such User Content.

  4. Third Party Services/Materials

    You may be able to access or use third party services, resources, content or information (“Third Party Materials”) via RealiReviews. By using RealiReviews to find material on the Internet, you instruct RealiReviews to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and RealiReviews disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or User Content via RealiReviews. You acknowledge and agree that RealiReviews: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials does not imply any endorsement by RealiReviews of Third Party Materials or any such third party services; and (d) has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for backing up and making copies of any Third Party Material that you wish to preserve.

  5. Third party software

    The Services incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

  6. Eligibility of Use

    You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.

  7. Rewards and Prizes

    You acknowledge that all rewards and or prizes presented in the application are your full responsibility and you will provide to the winner/customers. RealiReveiw is not responsible for any rewards and or prizes won in the application.

    Official Rules:

    1. You must be 13 years of age or older to be eligible for a reward using RealiReviews All rewards are determined by the representative sponsoring this campaign
    2. Rewards and offers are valid for 1 day
    3. All rewards will be provided by the representative sponsoring this campaign

    Other statement

    1. Apple is not involved in any way within this contest or its rewards program
    2. Apple is not a sponsor, nor is it involved in any way with this contest or its rewards program

  8. Restrictions On Use

    You agree not to do any of the following while using the Site, Services or RealiReviews Content:

    • Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
    • Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, RealiReviews’s name, any RealiReviews trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without RealiReviews’s express written consent;
    • Access, tamper with, or use non-public areas of the Site or Services, RealiReviews’s computer systems, or the technical delivery systems of RealiReviews’s providers;
    • Attempt to probe, scan, or test the vulnerability of any RealiReviews system or network or breach any security or authentication measures;
    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by RealiReviews or any of RealiReviews’s providers or any other third party (including another user) to protect the Site, Services or RealiReviews Content;
    • Attempt to access or search the Site, Services or RealiReviews Content or download RealiReviews Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by RealiReviews or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
    • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    • Use any meta tags or other hidden text or metadata utilizing an RealiReviews trademark, logo URL or product name without RealiReviews’s express written consent;
    • Use the Site, Services or RealiReviews Content for the purpose of bringing an intellectual property infringement claim against RealiReviews or for the purpose of creating a product or service competitive with the Services.
    • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or RealiReviews Content to send altered, deceptive or false source- identifying information;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or RealiReviews Content;
    • Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
    • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
    • Impersonate or misrepresent your affiliation with any person or entity;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other individual to do any of the foregoing.

    RealiReviews will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. RealiReviews may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that RealiReviews has no obligation to monitor your access to or use of the Site, Services or RealiReviews Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. RealiReviews reserves the right, at any time and without prior notice, to remove or disable access to any RealiReviews Content and any User Content, that RealiReviews, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

  9. Feedback

    We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at info@RealiReviews.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of RealiReviews and you hereby irrevocably assign to RealiReviews and agree to irrevocably assign to RealiReviews all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At RealiReviews’s request and expense, you will execute documents and take such further acts as RealiReviews may reasonably request to assist RealiReviews to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

  10. Ownership

    The Site, Services and RealiReviews Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, RealiReviews and its licensors exclusively own all right, title and interest in and to the Site, Services and RealiReviews Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or RealiReviews Content. RealiReviews claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

  11. Trademark

    All trademarks, service marks, logos, trade names and any other proprietary designations of RealiReviews used herein are trademarks or registered trademarks of RealiReviews. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

  12. Changes to Services or Terms

    RealiReviews reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any “review aggregation” services currently offered as part of the Services. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. These Terms may only be modified in writing as set forth in this paragraph and may not be modified orally. Please visit this page regularly to review these Terms for any changes.

  13. Termination

    Without limiting other remedies, RealiReviews may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, RealiReviews may notify authorities or take any actions it deems appropriate, without notice to you, if RealiReviews suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms and Conditions or any policies or rules established by RealiReviews; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, RealiReviews users, RealiReviews or any other third parties or the Site or Services.

    Without limiting any other terms of these Terms and Conditions, you may stop using the Site and Services at any time.

    After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms and Conditions will immediately cease. RealiReviews will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES THEREAFTER. HOWEVER, REALIREVIEWS SHALL CONTINUE TO HAVE A LICENSE TO UTILIZE THE USER CONTENT.

    Any suspension, termination or cancellation will not affect your obligations to RealiReviews under these Terms and Conditions (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

  14. Pricing and Billing

    Please see contract for information regarding pricing and billing for these Services. If you have any questions about RealiReviews’s billing policies, please contact RealiReviews at .

  15. Privacy Policy

    Please see RealiReviews’s Privacy Policy located at privacy for information and notices concerning RealiReviews’s collection and use of your personal information. If you have any questions about the RealiReviews Privacy Policy, please contact RealiReviews at .

  16. Warranties

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

    REALIREVIEWS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REALIREVIEWS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.

    NOTHING IN THESE TERMS, INCLUDING SECTIONS #15, #17, SHALL EXCLUDE OR LIMIT REALIREVIEWS’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

  17. Indemnification

    You agree to defend, indemnify, and hold RealiReviews, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or RealiReviews Content, or your violation of these Terms.

  18. Limitation of Liabilities

    SUBJECT TO SECTION #15 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT REALIREVIEWS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

    THE LIMITATIONS ON REALIREVIEWS’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT REALIREVIEWS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

    SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL REALIREVIEWS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE LAST THREE MONTHS.

  19. Copyright Policy

    We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

    DMCA Notice of Alleged Infringement (“Notice”)

    • Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
    • Identify the material or link you claim is infringing (or the subject of nfringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
    • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
    • Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent , or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    • Provide your full legal name and your electronic or physical signature.

    Deliver this Notice, with all items completed, to our Designated Copyright Agent:

    Copyright Agent

    RealiReviews

    43300-116 Southern Walk Plaza, Broadlands, VA 20148

  20. Entire Agreement, Governing law, Severability, Non-waiver, Assignment

    These Terms, together with our Privacy and Security Policy at privacy constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of RealiReviews to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by RealiReviews must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

  21. Contact Us

    If you have any questions about these Terms, please contact RealiReviews at .

Merchant Terms

  1. General

    During the length of the Merchant Agreement, RealiReviews will provide the RealiReviews services and/or programs (collectively, “RealiReviews Programs”) described in the Merchant Agreement separately executed by you, together with all exhibits attached thereto (the “Merchant Agreement”). In the event of any inconsistency among terms and conditions of the Merchant Agreement and these Terms and Conditions (collectively, sometimes referred to herein as the “Agreement”), the order of control shall be: (i) these Terms and Conditions, (ii) the Merchant Agreement, and (iii) any other exhibits, addenda or attachments to these Terms and Conditions including any links contained in the Merchant Agreement or these Terms and Conditions, which are incorporated by reference herein. Any capitalized terms that are not defined in these Terms and Conditions have the meanings ascribed to them in the Merchant Agreement. For purposes of clarity, these Terms and Conditions are incorporated by reference into the Merchant Agreement executed by you, and, together with the Merchant Agreement and all attachments thereto, govern your use of all RealiReviews Programs and services.

  2. Intellectual Property Rights.

    1. RealiReviews is the sole and exclusive owner of all right, title and interest in and to any data provided to RealiReviews by your customers or any end user to RealiReviews in connection with the RealiReviews Programs, including without limitation all e-mail and/or other contact information (“Customer Data”). As such, you shall not, unless the applicable customer has separately taken all steps necessary to opt in to provide contact information to you, be provided with or otherwise have access to the Customer Data.
    2. RealiReviews owns all right, title and interest in and to the RealiReviews Programs (which include, for purposes of clarity, all software and/or mobile applications related thereto) including, without limitation, any intellectual property rights and any improvements, modifications, enhancements or refinements thereto. Except as set forth in the Agreement, all rights not expressly granted to you are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the RealiReviews Programs, intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying or such intellectual property.
    3. RealiReviews hereby grants to you a limited, non-transferable, non-exclusive, revocable license to access a
    4. RealiReviews is the sole and exclusive owner of all right, title and interest in and to any data provided to RealiReviews by your customers or any end user to RealiReviews in connection with the RealiReviews Programs, including without limitation all e-mail and/or other contact information (“Customer Data”). As such, you shall not, unless the applicable customer has separately taken all steps necessary to opt in to provide contact information to you, be provided with or otherwise have access to the Customer Data.
    5. RealiReviews owns all right, title and interest in and to the RealiReviews Programs (which include, for purposes of clarity, all software and/or mobile applications related thereto) including, without limitation, any intellectual property rights and any improvements, modifications, enhancements or refinements thereto. Except as set forth in the Agreement, all rights not expressly granted to you are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the RealiReviews Programs, intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying or such intellectual property.
    6. RealiReviews hereby grants to you a limited, non-transferable, non-exclusive, revocable license to access and use RealiReviews hosted Merchant Web Portal (the “Portal”) for internal business purposes so long as your account with RealiReviews remains current and active. If RealiReviews provides you with a password to access the Portal, you are solely responsible for protecting the password and for any authorized or unauthorized use made of the password. The Portal, and all source code, object code, software, copyrights and other intellectual property associated therewith, are and shall remain the sole and exclusive property of RealiReviews. You shall refrain from permitting any third party to use your password or otherwise access the Portal. RealiReviews shall have the right to terminate the license granted hereby immediately in the event that you have breached any terms or conditions set forth in the Agreement or your RealiReviews account is otherwise terminated for any reason.
    7. Without limiting any of RealiReviews rights set forth in the Agreement, RealiReviews reserves the right, in its sole discretion but without any obligation on its part, to reject, remove, delete and/or cancel any information or content displayed or posted on any tablet, the RealiReviews website, any portion of the RealiReviews Program, and/or within any print materials, including without limitation any information and/or content that, in RealiReviews view, contains content or links which do not meet RealiReviews specifications or requirements. In addition, RealiReviews shall be entitled, in its sole discretion and without notice to any party, to redesign and/or modify all or any portion of the RealiReviews Program (including without limitation any mobile application and/or software) at any time.
  3. Restrictions.

    You: (i) will use the RealiReviews Programs solely for your internal business purposes; and (ii) will not, for yourself, any of your affiliates or any third party (a) sell, rent, lease, license or sublicense, assign, distribute, or transfer the RealiReviews Programs, (b) modify, change, alter, create derivative works of, decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any source code of the underlying ideas, algorithms, file formats, programming, or interoperability interfaces of the RealiReviews Programs, (c) copy any tangible versions of the RealiReviews Programs, or (d) remove from any of the RealiReviews Programs any language or designation indicating the confidential nature thereof or the proprietary rights of RealiReviews. In addition, you will not export, re-export or permit any third party to export or re-export, directly or indirectly, the RealiReviews Programs where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. RealiReviews retains the right, in its sole discretion but without any obligation on the part of RealiReviews to monitor or evaluate any communications, to approve, modify or refuse any RealiReviews-related communications or proposed communications or messages to your customers or any RealiReviews end users.

  4. Fees; Pricing and Payment Terms; Taxes.
    1. RealiReviews current fees for the RealiReviews Programs and its services are set forth in the Merchant Agreement. RealiReviews reserves the right to amend the fees payable for the RealiReviews Programs at any time upon thirty (30) days’ prior notice to you; provided, however, that such amendment to the fees will not be applicable until the beginning of the next Subscription Period.
    2. When you provide your payment information to RealiReviews, you are providing RealiReviews with an authorization to process any and all payments as outlined in this Agreement. In certain instances, the payment processing may not occur immediately, and your payment may show as “pending” during this time period. In addition, RealiReviews may request an authorization for the amount of your anticipated transaction in advance and may estimate the final value of the transaction, which may be more than the amount of the actual transaction. RealiReviews will release any funds authorized in excess of the amount of the actual transaction at the time the transaction settles.
    3. You will be responsible for any sales, use, value-added or import taxes, customs duties or similar taxes assessed in accordance with applicable law with respect to the provision of the RealiReviews Programs.
    4. Notwithstanding anything herein to the contrary, RealiReviews, in its sole discretion, may suspend or terminate the Agreement and corresponding access and right to use all or any portion of the RealiReviews Programs, at any time, upon electronic or other notice to you, if you have not paid all amounts due on or before the payment due date, or for any other breaches of the Merchant Agreement, these Terms and Conditions, or any other exhibits, addenda or attachments to these Terms and Conditions including any links contained in the Merchant Agreement or these Terms and Conditions, which are incorporated by reference herein. You are responsible for amounts that remain outstanding as of the date of such termination including early cancellation fees. You agree to pay reasonable attorneys’ fees and court costs incurred by RealiReviews to collect any unpaid amounts owed by you.
    5. RealiReviews will repair or replace damaged tablets due to normal wear and year or any hardware/software malfunction at no cost to any merchant in good standing. A merchant in good standing is primarily defined as having no outstanding balance due to RealiReviews, but may be defined by other criteria as specified by RealiReviews.
  5. Term; Termination; Survival.

    The RealiReviews solution term, as further described below, is effective upon the earlier of the arrival date or estimated arrival date of the solution as stated within the Merchant Agreement. All other subsequent changes or modifications to the merchant agreement are effective upon the completion of the merchant purchase order. You may amend your contract to include additional RealiReviews features through your Web Command Center. When you make changes through your Web Command Center, you are providing explicit authorization for RealiReviews to process payment on your existing RealiReviews account and method of payment without any further authorization necessary from you.

    The Agreement will remain in full force specified in the Merchant Agreement. At the end of any Subscription Plan, unless you select a new Subscription Plan, your Subscription Plan will automatically renew on a month–to–month Subscription Plan at the then-current rates. Effective January 1, 2015, new agreements and/or subscriptions may automatically renew for successive 1-year terms upon expiration of the initial term of any Subscription Plan at the then-current standard rates until such time as either party provides written notice of termination to the other party, in accordance with terms below. Current fees will be charged to the payment method on file unless RealiReviews is otherwise notified of a cancellation in writing. Although RealiReviews may choose to send a reminder email prior to charging a customer for a renewal fee, RealiReviews is not responsible for notifying a customer of this automated renewal.

    A merchant may cancel its subscription, thereby terminating this Agreement, solely in accordance with the following cancellation policies:

    Money Back Guarantee – If your Merchant Agreement specifies that you are entitled to a “30 day Money Back Guarantee” you shall, by providing written termination notice to RealiReviews within thirty (30) days of the Installation Date, be entitled to have the RealiReviews uninstalled. In order to qualify for your Money–Back–Guarantee, we simply require that you speak to your Merchant Success Manager to set up your program and receive a minimum of 5 customer reviews during the Money–Back–Guarantee period. If you do not meet these qualifications you will be charged a restocking fee of $50 upon cancellation. Within thirty (30) days of RealiReviews receipt of the RealiReviews , RealiReviews will refund you any money collected for the initial monthly subscription fee in the same manner in which the initial fee was paid. All Onboarding, Activation, or Setup fees are non-refundable. If, after thirty (30) days from the Installation Date and prior to the subsequent Subscription Period, you desire to terminate the RealiReviews Program, you agree to pay an early cancellation fee equal to six (6) months of your monthly subscription fee, as well as a $50 restocking fee via the credit card or ACH on file with RealiReviews. If you subscribe to a variable subscription fee plan, your early cancellation fee is equal to (6) months at the most recent monthly billed rate along with a $50 restocking fee.

    Renewal – At the end of any Subscription Plan, unless you select a new Subscription plan, your Subscription Plan will automatically be renewed on an annual or monthly (as applicable) basis at the then-current standard rates. Current fees will be charged to the credit card or ACH on file unless RealiReviews is otherwise notified of a cancellation in writing. Customers renewed on a monthly basis must provide written cancellation notice at least sixty (30) days prior to the beginning of the next monthly or annual term (as applicable). Customers renewed on an annual basis must provide written cancellation notice sixty (30) days prior to or within the first thirty (30) days of their renewal period. Although RealiReviews may choose to send a reminder email prior to charging a customer for a renewal fee, RealiReviews is not responsible for notifying a customer of this automated renewal.

    Subscription Cancellation within the Contract Term – Customers enrolled in Monthly or Annual subscription plans shall provide at least sixty (30) days’ written cancellation notice. If, prior to the subsequent Subscription Period, you desire to terminate the RealiReviews Program, You agree to pay an early cancellation fee equal to six (6) months of your monthly subscription fee, as well as a $50 restocking fee via the credit card or ACH on file with RealiReviews. If you subscribe to a variable subscription fee plan, your early cancellation fee is equal to six (6) months at the most recent monthly billed rate along with a $50 restocking fee. You will not be entitled to any refund of any pre-paid or prior subscription payments.

    Other Events – Each party shall have the right to terminate the Agreement upon written notice to the other party: (i) upon the institution of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of debts of the other party that is not otherwise dismissed within sixty (60) days of such institution; (ii) upon the making of an assignment for the benefit of creditors by the other party; or (iii) upon the dissolution of the other party. Notwithstanding the foregoing, RealiReviews may terminate the Agreement and/or your access to one or all RealiReviews Programs in the event you fail to remain current in all fees due and owing to RealiReviews or in the event you breach any of your obligations under the Agreement. RealiReviews will cease to collect the monthly subscription fee at the point in time in

    If RealiReviews applicable

    In the event of any termination of the Agreement or any RealiReviews Program, RealiReviews shall be entitled to send e-mail and/or other communications to some or all of your loyalty program members, notifying each such member of your termination of the RealiReviews Program. In addition to the foregoing permissible e-mail, RealiReviews shall be entitled to take other actions, at its discretion, to assist your loyalty program members in protecting the points earned within the RealiReviews Program and providing them an opportunity to redeem points earned.

    In addition, all items in the RealiReviews must be returned to RealiReviews in specified return packaging provided by RealiReviews. If you were not previously provided with specified return packaging, RealiReviews will provide you with specified return packaging at no cost to you, otherwise you will be charged for packaging materials. You are responsible for all return shipping charges and for any damage incurred in the shipping process. If any item in the RealiReviews is not returned, RealiReviews will charge you for the cost of the item not returned. RealiReviews will prorate the last monthly subscription fee based on the date the RealiReviews is received by RealiReviews. You may be required to fill out an exit survey in order to complete any cancellation request. RealiReviews may refuse to accept the return of its equipment until the exit survey is completed. If You do not complete the exit survey in a timely fashion, You may be charged a fee for missing equipment until the exit survey is completed. Any provision of the Agreement which contemplates performance or observance subsequent to any termination or expiration of the Agreement shall survive any termination or expiration of the Agreement and continue in full force and effect. Upon expiration or termination of this agreement all items in the RealiReviews must be returned to RealiReviews within 14 days. If the tablet is lost or not returned within 14 days, you will be charged a penalty fee to cover the tablet equipment costs as well as a non–refundable late fee.

  6. Representations and Warranties; Disclaimer.

    1. RealiReviews warrants that RealiReviews has the authority to enter into this Agreement.
    2. You represent, warrant and covenant to RealiReviews that: (a) you have the authority to enter into this Agreement; (b) you will take proper care of the RealiReviews and/or all equipment provided by RealiReviews to you and maintain all such equipment in good working order; (c) you will only use the RealiReviews Programs for lawful purposes and will not violate any law of any country or the intellectual property rights of any third party; and (d) you will not use any RealiReviews Program to send any e-mail or other communications which violate any applicable regulation, rule, industry protocol or law (including, without limitation, the CAN-SPAM Act).
    3. EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 6, REALIREVIEWS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, REALIREVIEWS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO ANY MINIMUM LEVEL OF UPTIME FOR THE REALIREVIEWS PROGRAM OR THE RESULTS THAT YOU MAY ACHIEVE ON ACCOUNT USING ANY REALIREVIEWS PROGRAM OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF REALIREVIEWS PROGRAMS OR SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. REALIREVIEWS PROGRAMS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND UNDER NO CIRCUMSTANCES SHALL REALIREVIEWS BE LIABLE TO YOU OR ANY OTHER PARTY ON ACCOUNT OF ANY DOWNTIME WITHIN ANY REALIREVIEWS PLATFORM OR APPLICATION. YOU HEREBY ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND/OR PROVIDING INTERNET SERVICE TO ALL LOCATIONS IN WHICH THE REALIREVIEWS PROGRAMS ARE TO OPERATE.
  7. Confidential Information.

    Any information that a receiving party knows or has reason to know (either because such information is marked or otherwise identified by the disclosing party orally or in writing as confidential or proprietary, has commercial value, or because it is not generally known in the relevant trade or industry) is “Confidential Information” of the disclosing party and will remain the sole property of the disclosing party. Such Confidential Information includes but is not limited to data, information (including personally identifiable information), ideas, materials, specifications, procedures, schedules, software, technical processes and formulas, source code, product designs, sales, cost and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, marketing data and other similar information provided by a party. For avoidance of doubt, Customer Data shall be deemed Confidential Information of RealiReviews. Each party agrees that it will not disclose, use, modify, copy, reproduce or otherwise divulge such Confidential Information to any third party without the prior written approval of the disclosing party except that the receiving party shall have the right to disclose such Confidential Information to the extent required by applicable law or to the directors, officers or employees of the receiving party who have a need to know such Confidential Information in order to perform its obligations under the Agreement and to the extent such directors, officers or employees are subject to obligations of confidentiality and non-disclosure that are substantially similar to the obligations set forth in the Agreement. The prohibitions contained in this Section will not apply to information (i) already lawfully known to the receiving party prior to disclosure by the disclosing party; (ii) independently developed by the receiving party without access to or use of the disclosing party’s Confidential Information; (iii) disclosed in published materials; (iv) generally known to the public; or (v) lawfully obtained from any third party. In addition, a party will not be considered to have breached its obligations under the Agreement to the extent Confidential Information is required to be disclosed by any governmental authority, provided that, to the extent legally practicable, the receiving party advises the disclosing party prior to making such disclosure in order that the disclosing party may object to such disclosure, take action to ensure confidential treatment of the Confidential Information, or take such other action as it considers appropriate to protect the Confidential Information.

  8. Dispute Resolution; Governing Law.

    In the event of a reward dispute or mistake between a Merchant and User, RealiReviews may in its sole discretion and without liability of any kind unilaterally make adjustments to User reward points (it being understood that RealiReviews shall not be (i) obligated to make any such adjustment or otherwise get involved with or provide any assistance towards resolving any such dispute, or (ii) be liable to any party for any damages, expenses or liabilities arising out of any such dispute). To the extent any disputes arise under the Agreement or otherwise between the parties, the parties will first attempt in good faith to resolve their dispute informally. This Agreement is governed by the State of Illinois and you expressly agree to the exclusive jurisdiction for any claim or dispute with RealiReviews in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of Illinois. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement.

  9. Indemnification.

    You will defend, indemnify, and hold RealiReviews and its affiliates and their respective directors, officers, employees, agents and representatives harmless from and against any third party suit, proceeding, assertion against any damages, judgments, liability, costs and expenses (including without limitation any reasonable attorneys’ fees) incurred arising from your breach of this Agreement, your negligence or misconduct, any dispute you may have with any other party in connection with any RealiReviews Program or otherwise related in any way to any RealiReviews Program, your unauthorized use or misuse of the RealiReviews Programs or any unauthorized combination of any RealiReviews Program with any hardware, software, products, data or other materials not specified or provided by RealiReviews.

  10. Limitation of Liability.

    RealiReviews aggregate liability for all claims (including claims for indemnification of third party damages) arising out of the Agreement, whether in contract, tort or otherwise, will not exceed the amount of fees paid by you to RealiReviews under the Agreement during the twelve (12) months preceding the date on which the applicable claim occurred. To the maximum extent permitted by applicable law, in no event will RealiReviews be liable for any loss of business profits, business interruption, loss of data or any special, indirect, exemplary, incidental or consequential damages arising from or in relation to the Agreement or the use of the Services or any RealiReviews Program, however caused and regardless of theory of liability. In addition, RealiReviews will not be liable for damage (physical or otherwise) incurred by you upon any asset or property from the installation or removal of any RealiReviews product or add-on in-store and will not be responsible for replacement or cost of repair if damages occur. This limitation will apply even if such damages were foreseeable and you have been advised or are aware of the possibility of such damages.

  11. Notice.

    Except where explicitly provided otherwise herein, any notice required or permitted hereunder will be delivered to the contact person listed on the Order Information as follows (with notice deemed given as indicated): (i) by personal delivery when delivered personally; (ii) by established overnight courier upon written verification of receipt; (iii) by facsimile transmission when receipt is confirmed orally; (iv) by certified or registered mail, return receipt requested, upon verification of receipt; or (v) by electronic delivery when receipt is confirmed orally.

  12. Assignment.

    You may not, without the prior written consent of RealiReviews, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void; provided, however, that in the event of a sale of substantially all of your assets or equity to a third party or any merger of your entity with an into a third party, this Agreement shall be deemed, without any further action on the part of any party, to automatically be assigned to and assumed by the acquirer in such transaction and as such, shall be binding on such acquirer. The Agreement will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.

  13. No Third Party Beneficiaries.

    The Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

  14. Amendment; Waiver

    This Agreement may be changed by RealiReviews upon posting an updated version of the Agreement at RealiReviews website and/or within the applicable RealiReviews Program, any such change to become effective 10 business days after posting such updated version of the Agreement as described above. The failure of either party to exercise or enforce any of its rights under the Agreement will not act as a waiver of subsequent breaches and the waiver of any breach will not act as a waiver of subsequent breaches.

  15. Severability.

    If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law and the other provisions of the Agreement will remain in full force and effect.

  16. Force Majeure.

    Neither party shall be liable to the other if such party is prevented from performing any of its obligations under the Agreement (excluding fee payment obligations) due to any cause beyond the party’s reasonable control including, without limitation, an act of God, fire, flood, explosion, terrorism, war, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, or acts of vandals, or hackers. The time for that party’s performance will be extended for the period of the delay or failure to perform due to such occurrence, except that you will not be excused from the payment of any sums of money owed by you to RealiReviews provided prior to the force majeure event.

  17. Independent Contractor.

    The Agreement will not be construed as creating or constituting a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

  18. Compliance with Laws.

    Each party will comply with all applicable laws, regulations, and ordinances relating to their performance hereunder.

  19. Entire Agreement.

    The Agreement (including, without limitation, the Merchant Agreement and these Merchant Terms) constitute the entire agreement between RealiReviews and you with respect to the subject matter hereof and all prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby.

  20. Goal Gradient Loyalty Participation

    RealiReviews may, at its sole discretion from time to time, elect to make point adjustments for first-time member visits (such as, by way of example, offering members the opportunity to earn extra points in connection with the first visit to a given Merchant location). These adjustments are intended to encourage greater follow-up participation to your program. This feature is automatically enabled with the onboarding of your loyalty program; provided, however, that you may elect to opt out of this program by providing written notice of such opt-out to RealiReviews.

  21. Campaign Terms of Use

    The following terms shall, in addition to all of the other terms set forth in this Agreement, govern your use of RealiReviews “Campaign” platform (the “Campaign Platform”), which, at a general level, allows you to communicate with RealiReviews members.

    General Rules

    You shall, as a condition to making any use of the Campaign Platform, be required to follow these rules:

    1. You won’t send Spam! While you are responsible for making yourself of aware of current anti-SPAM and similar regulations that may be in effect from time to time, as a general rule, you should assume that if you send people mass email without their permission, you’re spamming.
    2. You won’t violate RealiReviews Acceptable Use guidelines, established below, as they may be in effect from time to time, which is part of this Agreement. If you violate any of these rules, RealiReviews, in addition to any other rights or remedies that RealiReviews may have hereunder or otherwise, may suspend or terminate your account.
    3. In the event you have purchased a subscription which allows unlimited use of Campaign Platform, to the extent that RealiReviews, in its sole discretion, determines that you are abusing the Campaign Platform, violating any law or regulation, violating the CAN-SPAM Act or any other e-mail regulation or otherwise abusing or misusing the Campaign Platform in any way, RealiReviews shall, in addition to any other remedies available to RealiReviews in this Agreement and/or at law, be entitled to unilaterally adjust your allowed use of the product.
  22. Campaign Terms of Use

    The following terms shall, in addition to all of the other terms set forth in this Agreement, govern your use of RealiReviews “Campaign” platform (the “Campaign Platform”), which, at a general level, allows you to communicate with RealiReviews members.

    General Rules

    You shall, as a condition to making any use of the Campaign Platform, be required to follow these rules:

    1. You won’t send Spam! While you are responsible for making yourself of aware of current anti-SPAM and similar regulations that may be in effect from time to time, as a general rule, you should assume that if you send people mass email without their permission, you’re spamming.
    2. You won’t violate RealiReviews Acceptable Use guidelines, established below, as they may be in effect from time to time, which is part of this Agreement. If you violate any of these rules, RealiReviews, in addition to any other rights or remedies that RealiReviews may have hereunder or otherwise, may suspend or terminate your account.
    3. In the event you have purchased a subscription which allows unlimited use of Campaign Platform, to the extent that RealiReviews, in its sole discretion, determines that you are abusing the Campaign Platform, violating any law or regulation, violating the CAN-SPAM Act or any other e-mail regulation or otherwise abusing or misusing the Campaign Platform in any way, RealiReviews shall, in addition to any other remedies available to RealiReviews in this Agreement and/or at law, be entitled to unilaterally adjust your allowed use of the product.
  23. Membership Status Programs

    You hereby agree and acknowledge that RealiReviews may, from time to time, offer and administer a program currently referred to as the “Membership Status” program. Pursuant to such program, RealiReviews members that are sufficiently active using the RealiReviews Programs can achieve various levels of status. RealiReviews shall have sole discretion in determining the activity required to obtain each of the status levels within the Membership Status program from time to time. RealiReviews members that have achieved any such level of status may be entitled to receive discounts on points and/or other benefits across the entire RealiReviews network, including without limitation at each of your locations. You hereby agree to honor all such discounts and recognize such status, except to the extent you have opted out of participation in the RealiReviews Membership Status program by written notice.

    Compliance with Laws

    You represent and warrant that your use of the Campaign Platform will comply with all applicable laws and regulations. You are responsible for determining whether RealiReviews services are suitable for you to use in light of any regulations such HIPAA, GLB, EU Data Privacy Laws and/or other laws. If you are subject to regulations (such as HIPAA) and you use the Campaign Platform or any other RealiReviews service, then RealiReviews will not be liable if any such service does not meet those requirements.

    Acceptable Use

    You shall refrain from using the Campaign Platform to send anything offensive, to promote anything illegal, or to harass anyone. Not in limitation of the foregoing, you may not send:

    1. Pornography or other sexually explicit Emails
    2. Emails offering to sell illegal goods or services
    3. Emails that violate CAN-SPAM Laws or any other applicable laws or regulations

    Acceptable Use – Prohibited Actions

    RealiReviews works hard to keep its system clean, but RealiReviewsCompliance with Laws also counts on its customers to pitch in. As such, you may not:

    1. Send Spam (as noted above).Use any of the Campaign Platform to create a competing product.
    2. Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information of any kind.
    3. Send any messages through the Campaign Platform that are not appropriate for its intended use.
    4. Use an outside unsubscribe process.

Privacy Policy

Introduction

This page provides our policies and procedures for collecting, using and disclosing your information and outlines the security measures we’ve put in place to protect the information that you store using RealiReviews’s services, including the services made available through this web site, and any other software or services offered by RealiReviews in connection with such services (the “Services”). By using these Services, you consent to the collection, transfer, processing, storage, disclosure and other uses of your information described in this Privacy Policy.

What information does RealiReviews collect & store?

Personal Information

When expressing an interest in obtaining additional information about the Services or registering to use the Services, RealiReviews requires you to provide your personal contact information, such as your name, company name, address, phone number, and email address (these are referred to below as your “Personal Contact Information”). When purchasing the Services, RealiReviews also requires you to provide financial and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”).

Data, Diagnostic & Login Information

Using RealiReviews’s Services, you will be able to create, upload, store and share information such as company description, email ID, logo, photos, custom emails, user email IDs etc. (this is collectively referred to below as “Data”). This information will be stored and maintained on RealiReviews’s web site. If you run into technical errors in the course of using the Services,


RealiReviews may request your permission to obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, browser version (and .NET version information in case of Windows systems), and your email address, if provided. Additionally, certain login information is maintained in a cookie stored locally on your computer (i.e. not on a server) in order to streamline the login process (“Login Information”).

Geo-Location Information

RealiReviews does not collect any information regarding your real-time geo-location while using the Services. However, it may do so at some point in the future. We will request your permission before collecting such information.

What does RealiReviews do with the information it collects?

RealiReviews uses the information it collects in the following

Personal Contact Information We use this information primarily to administer the Services to you and to provide you with updates and product announcements. Per the Terms and Conditions we may use some of your information for marketing purposes, as explained below.
Billing Information RealiReviews does not store any Billing Information on its servers. Instead, we use payment provider, Recurly (www.recurly.com) to store and process all payment related transactions. Please look at privacy for information regarding Recurly’s privacy policy.
Data, Diagnostic Information and Login Information We use this information solely for the purpose of administering and improving our Services to you.
Analytics Information RealiReviews does not store any Billing Information on its servers. Instead, we use payment provider, Recurly (www.recurly.com) to store and process all payment related transactions. Please look at privacy for information regarding Recurly’s privacy

Sharing & Disclosure of Private Information

Third Party Applications and Your Use

RealiReviews provides users with the ability to link to their Data on third party solutions such as Facebook, Google Plus, and Yelp. Such linking is at the complete discretion of users. Because of this, RealiReviews cannot be held responsible or liable for the linking of user’s Data to such third party solutions, nor for how such third party solutions use such links.

Marketing and Publicity

Per our Terms and Conditions, you agree to permit RealiReviews to identify you as a customer and to use your name and/or logo in RealiReviews’s website and marketing materials.

Sale of Personal Information

RealiReviews does not sell, rent, or trade your private information to any third parties in any way.

Service Providers and Business Partners

RealiReviews may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Services (including, but not limited to, data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Services’ features). These third parties may have access to your information strictly for the purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy and Security Policy.

Compliance with Laws and Law Enforcement Requests and Protection of RealiReviews’s Rights

We may disclose to parties outside RealiReviews your Data and the information that we have about you when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of RealiReviews or its users; or (d) to protect RealiReviews’s property rights.

Business Transfers

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Contact Information, Billing Information or Data, or if such information becomes subject to a different Privacy Policy. We will also notify you of choices you may have regarding such information.

Non-Private or Non-Personal Information

We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Services, in our discretion.

Changing or Removing Your Information

You may change or delete your Personal Contact Information and Billing Information at any time. You may do this from your accounts page.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you the Services. If you wish to cancel your account or request that we no longer use your information to provide you the Services, you may delete your account (will be done by RealiReviews customer care team). If you delete your account, your Data will no longer be stored in our servers. While we try to delete your Data from our servers as quickly as possible, please be aware that there may be a delay from the time you delete your account to the time that your Data is removed, and that some of your Data may continue to exist for a period in backup copies.

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