Terms of Service

Welcome to realthy.io and thank you for using our platform (the “Services”), provided under a license from Full Reach, inc, Delaware corporation (referred to as “Realthy,” “we,” “our,” or “us”) via this website. Please carefully review these Terms and Conditions (“Terms and Conditions”) because your acceptance of them constitutes a binding agreement between you and “Realthy.” These Terms and Conditions apply to your use of the Services and our website. By accessing this website, we assume you accept these terms and conditions. If you do not agree to these terms, do not use or access the Services.

TERMS AND CONDITIONS

Realthy owns and operates this website. These Terms and Conditions describe the terms governing your use of the Services provided to you through this website.  All information, including but not limited to content, updates, and new releases on this website, are part of the “Services”. It includes by reference:

• The Realthy Privacy Policy, which is available on this website.
• Additional conditions for the services you have selected may include those from your employer, or another third-party administrator.

These Terms for the Servicers may be augmented or superseded by the terms of a Realthy partner company providing an aspect of the Services (each, a “Realthy Partner”).

You agree that Realthy in no way is acting as your agent or fiduciary in connection with your use of any Services.

LICENSE GRANT AND RESTRICTIONS

The Services and content on the Realthy website are protected by copyright laws and other intellectual property laws worldwide. You are only granted a personal, limited, nonexclusive, non-transferable license to access and use the Services.  Realthy reserves all rights of ownership in the Services not expressly granted to you.  Your right to use the Services is only for the purposes described by Realthy on this website.

You are not permitted to use the Services or content on this website in any manner that violates any applicable law, regulation, infringes on anyone’s rights, is offensive, or violates these Terms and Conditions. For example, (and not as an exhaustive list of examples) unless authorized by Realthy in writing, you agree you will not:

• Provide access to or give any part of the Services to any third party.
• Modify, disrupt or interfere with the Services, supporting servers or networks either manually or through the use of scripts, viruses, or worms.
• Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
• Attempt to access any other Realthy systems that are not part of these Services. 

If you violate any of these terms, your right to use the Services automatically terminates.

1. Personal Profile.  Information provided by a member will be maintained in a personal preference profile with the member’s account.  All information provided by a member in his/her personal profile must be valid and accurate and must be kept current. 
   1. A member may change his/her address by changing his/her information on the Realty.io website or contact by sending and email request to hi@realthy.io. In certain instances, address changes may require supporting legal documentation.
   2. Name changes to a membership account must include supporting legal documentation, signature, date and membership ID.  
2. Cancelling or Suspending by Realthy.  Realthy may cancel a member’s account at any time with immediate effect and without written notice, for any reason and in Realthy’s sole discretion including, without limitation, if Realthy believes the Member has:
   1. Acted in a manner inconsistent with applicable laws, regulations, ordinances;
   2. Acted in an inappropriate, fraudulent, abusive or hostile manner;
   3. Breached or violated any of these program rules or the Realthy Terms of Use;
   4. Engaged in any misconduct or wrongdoing in connection with the Realthy platform.
3. Legal Action. Nothing contained in these Program Rules will limit Realthy in the exercise of any legal or equitable rights or remedies.
4. If Realthy cancels a member’s account for any reason, the member may not reapply for membership in the Realthy platform except in very limited circumstances at Realthy’s sole discretion.

YOUR PRIVACY AND PERSONAL INFORMATION

Please review the Privacy Policy of this website.

CONTENT

You are responsible for your content provided to Realthy.  You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Your Content”) uploaded, posted, or stored through your use of the Services. 

You grant Realthy a worldwide, royalty-free, non-exclusive license to host and use Your Content, in whole and in part, in order to provide you with the Services. You agree not to use the Services for any illegal purpose or violate any applicable local, state, federal, or international law. 

You are encouraged to archive Your Content regularly and frequently. You are responsible for any of Your Content that may be lost or unrecoverable through your use of the Services.  Realthy is under no obligation to ratify or approve the type or quality of Your Content or additional data you submit on the website.

You agree that you will not use the Services to share, store or in any way distribute personal data that is not in accordance with the law. 

You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

• Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
• Your Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
• Except as otherwise expressly permitted by Realthy, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication, or engage in spamming or flooding;
• Virus, trojan horse, worm, or other disruptive or harmful software or data; 
• Any information, software, or Your Content that is not legally yours may be protected by copyright or another proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

ADDITIONAL ITEMS YOU AGREE TO

Realthy does not give professional advice. Realthy is not in the business of providing legal, financial, accounting, health care, insurance, retirement, or other professional services or advice. Please consult the services of a competent professional when you need this type of assistance.

When using the Services, you may be informed of additional services, features, products, applications, online communities, or promotions provided by Realthy (“Additional Realthy Services”). If you decide to use any of the Additional Realthy Services, additional terms and conditions and separate fees may apply.

COMMUNICATION CHOICES

Realthy may be required to send you communications about the Services. You agree that Realthy may send these communications to you via e-mail or post them on one of our sponsored websites.

You are responsible for securely managing your password(s) to access the Services. If you become aware of any unauthorized access to your Services account, theft, or loss of your password, you agree to contact Realthy as soon as possible.

The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.

Realthy strictly adheres to the Real Estate Settlement Procedures Act of 1974 (RESPA) (12 U.S.C. 2601 et seq.).  No offers or deals on Realthy platform are permitted to be used as a kickback, unearned fee arrangement, or payment connected with a federally related mortgage loan.  Participation in the Realthy platform may not be connected to the issuance or mortgage loans and sales of property.

Realthy shall not be liable for any default or delay in the performance of its obligations under these Terms and Conditions to the extent its performance is delayed or prevented due to causes beyond its reasonable control, which may include but not be limited to natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures or governmental action.

DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit any of our or your liabilities in any way that is not permitted under applicable law.
• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

LIMITATION OF LIABILITY AND INDEMNITY

To the maximum extent permitted by applicable law, the entire liability of Realthy and any other supplier of these services to you for all matters or claims relating to these Terms and Conditions shall be limited to the amount you paid for the Services during the twelve (12) months prior to such claim. Subject to applicable law, Realthy is not liable for any of the following:

Indirect, special, incidental, punitive, or consequential damages; or damages relating to telecommunications failures, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet Realthy systems requirements.  The above limitations apply even if Realthy and its suppliers have been advised of the possibility of such damages.

The above limitations apply even if Realthy and its suppliers have been advised of the possibility of such damages.

INDEMNITY

You agree to indemnify and hold Realthy and its suppliers, agents, contractors, employees, officers, directors, and affiliates harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or your breach of these Terms and Conditions  (collectively, “Claims”). In addition to such indemnification, Realthy reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Realthy in the defense of any Claims.

CHANGES TO THESE Terms and Conditions OR THE SERVICES

We may change these Terms and Conditions from time to time to reflect changes in the way we provide, or you receive these Services, and the changes will be effective when posted on our website or when we notify you by other means. Please review these Terms and Conditions periodically on this website for changes. We have the right to change any of the terms of these Terms and Conditions upon reasonable notice to you. Your continued use of the Services after Realthy posts or otherwise notifies you of any changes indicates your agreement to the changes.

TERMINATION

Realthy may immediately and without notice terminate or change these Terms and Conditions or suspend the Services provided to you if you fail to comply with these terms or if you no longer agree to receive electronic communications. Upon termination, you must immediately stop using the Services. Any termination of these Terms and Conditions shall not affect Realthy’s rights to any payments due to it. Other requirements regarding termination or cancellation of the Services may apply based on the specific terms for the Services provided to you by Realthy or Realthy Partners.

EXPORT RESTRICTIONS

You acknowledge that this website, the Services, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly.

HELP AND SUPPORT

Realthy may use various methods (e.g., in-product, Internet, e-mail, chat, fax, and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Realthy from time to time.

USER ID AND PASSWORD SECURITY

You are the only person authorized to use your username and password and maintain the confidentiality of your username and password. You shall not permit or allow other persons to have access to or use your username and password, except if you choose to provide that information to Realthy’s authorized technical support personnel to assist you. You are responsible for the use of the Services under your username.

PRIVACY OF PERSONAL INFORMATION

Realthy does not retain your personal information except as necessary to provide Services to you, facilitate your interaction with a Realthy Partner, or comply with applicable law.

You are responsible for protecting the information on your computer, such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer;

Realthy.io is based in the US and for US citizens only. If you have reached a Realthy.io website from European Union (or EU), be aware that General Data Protection Regulation (or GDPR) restrictions are not valid on this website. You take full responsibility for your personal information.

ENTIRE AGREEMENT AND SEVERABILITY

These Terms and Conditions are the entire agreement between you and Realthy and replace all prior understandings, communications, and agreements, oral or written, regarding its subject matter. These Terms and Conditions set forth the entire liability of Realthy, its corporate affiliates, and your exclusive remedy with respect to the Services and its use. If any court of law, having the jurisdiction, rules that any part of these Terms and Conditions are invalid, that section will be removed without affecting the remainder of the Terms and Conditions. The remaining terms will be valid and enforceable.

GOVERNING LAW

Delaware state law governs these Terms and Conditions without regard to its conflicts of laws provisions. To resolve any legal dispute arising from these Terms and Conditions, you and Realthy agree to the exclusive jurisdiction of courts in Alameda County, California.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

ASSIGABILITY

You cannot assign or transfer your rights and obligations under these Terms and Conditions to anyone without the prior written approval of Realthy.  Realthy may assign or transfer it without your consent to (a) a parent company or Realthy direct or indirect subsidiary, (b) another company through a sale of assets by Realthy, or (c) a successor by merger. Any assignment in violation of this Section shall be void.  If you want to request a transfer of your rights and obligations under these Terms and Conditions contact Realthy at hi@realthy.io.

Version: 13 June 2022

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