Terms of service.
Updated May 13, 2025
These Terms of Use apply to reTEQ Inc. online and mobile sites and apps on which these Terms of Use are posted. Our Terms of Use is a contract for the use for the reTEQ and Ai Broker Services.
Our contact form allows us to obtain your contact information for us to contact you about the purchase of our products or services. Our team will reach out to you and discuss options including payment methods, subscription terms, and products purchased.
You agree that by clicking "Sign Up", "Get Started", or registering, accessing, or using our Services, as defined below, you are entering into a legally binding agreement. If you do not agree to this Agreement, do NOT click "Sign Up", "Get Started" (or similar), and do not access or otherwise use any of our Services.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use or change, suspend, limit, or discontinue the Services (including, without limitation, the availability of any feature, database, or content) at any time. If we deem any modification or update to these Terms of Use are material, we will post a notice on the Site or send you notice by another appropriate means of electronic communication. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following posting or notification of any changes to these Terms of Use constitutes acceptance of those changes.
1. Account Registration
To utilize certain Services, you will be required to register for an account. You must provide accurate and complete information and keep your Account information updated.
You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services. You must notify us immediately of any change in your eligibility to use the Services, any breach of security, or any unauthorized use of your Account. You should never publish, distribute, or post login information for your Account.
More information regarding the privacy of your account can be found in reTEQ's privacy policy
2. Acceptable Use of Services
2.1
You must provide accurate and complete information when registering your Member Account and using the Services, to which you are the sole and exclusive rights holder. You represent and warrant that:
you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Use. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services;
you are not (a) a resident of (nor will you use the Services in) any country that the U.S. government has imposed embargo sanctions for use of the Services, (b) named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
you will fully comply with all applicable laws and agreements which govern your use of the Services.
2.2
When accessing our Services, you undertake and agree NOT to:
Take any action in violation of these Terms of Use;
Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble any of the Sites, the Services (or any part thereof), any content offered by us or Third Party Services for use and display within the AI Platform ("Licensed Content") except as expressly permitted under this Agreement;
Publish and/or make any use of the Services or Licensed Content on any website, media, network or system other than those provided by us, and/or frame, "deep link", "page scrape", mirror and/or create a browser or border environment around any of the Services, Licensed Content and/or AI Platform (or any part thereof);
Use any "robot", "spider" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;
Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use our name or our Marks and/or variations and misspellings thereof;
Impersonate any person or entity or provide false information on the Services and/or content, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other Visitors or Members;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, your content, your business, your products or services, or any statement you make;
Reverse look-up, trace, or seek to trace another Member of Services, or otherwise interfere with or violate any other Member's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services and/or Member Account without their express and informed consent;
Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services, Member Account, the account of another Member or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
Probe, scan, or test the vulnerability of the Services or any network connected to the Services;
Upload to the Services and/or Member Account or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
Take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
Interfere or attempt to interfere with the proper working of the Services or any activities conducted in connection with the Services;
Use any of the Services and/or Member Account in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising;
Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Services, except as expressly permitted by this Agreement;
Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©] or trademarks [® or ™] contained in or accompanying the Services and/or Licensed Content;
XVII.Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty;
Recruit, solicit, or encourage any other user to use third party services or websites and or platforms that are competitive to ours;
Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
3.3
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you may result in the immediate termination of your Member Account and/or any Services provided to you, with or without further notice to you, and without any refund of amounts paid on account of any such Services.
3.4
APPROVED ACCOUNT ACCESS. In order for reTEQ to provide support for Services, the reTEQ Support Team and others employed within the reTEQ organization can be granted permission to access your individual user account via your account preferences. You understand that for reTEQ to be able to fully address your questions or concerns, access must be granted to reTEQ. If access is not provided, reTEQ will be unable to fully-diagnose any potential issues and is not liable for loss of functionality on your account were access enabled. If, for whatever reason, you are unable to grant reTEQ permission to access your user account, please send written permission to override via email to the reTEQ Support Team (support@reTEQ.ai).
Certain reTEQ configurations within our Services enable account owners and their designated admins with access to log into your individual user account as a member of their account for the purpose of providing support and participating in the configuration and implementation of your account. By utilizing reTEQ Services, you agree to allow this access if applicable to the configuration options available within your account.
3.5
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services under these Terms of Use is compliant with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Use as a condition to our obligations.
3.6
reTEQ's ADDITIONAL RIGHTS. We also reserve the right, without any obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
satisfy any applicable law, regulation, legal process or governmental request;
enforce these Terms of Use, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
respond to user support requests;
fulfill your requests for services;
protect the rights, property or safety of us, our users, and the public.
4. Services
4.1
reTEQ's AI Broker. reTEQ will provide you with the number of reTEQ instances that is defined in your Subscription Agreement with reTEQ. With some reTEQ packages, additional features can be purchased. The reTEQ platform includes features for MLS Data, AI Form Filling, Vendor recommendations and proprietary brokerage and team document storage.
4.2
WEB, MOBILE, AND TABLET APPS. reTEQ Services can be accessed via desktop or laptop computers and soon using the reTEQ Web App (using a supported browser) or via mobile phone or tablet devices using multiple native mobile and tablet apps available to download on Android and Apple app stores (collectively, “Supported Devices”). You acknowledge and understand that features available to utilize reTEQ Services will vary between Supported Devices and that not all features available on one device will always be available on another (e.g. tablet vs. cell phone phones)
4.3
LOCATION. You accept that there may be limitations to functionality within provided Services due to unavailable data or support for specific locations.
4.4
UPDATES AND EARLY ACCESS. reTEQ reserves the right to update, modify, and upgrade the Platform and Services in its sole discretion during the term of this Agreement. Such modifications or updates may include new or modified functionality or removal of functions.
We may make certain features available to some users before they are published to all users (“Early Access Features”, “Beta Features”, “Whitelist Features”). Early Access Features are occasionally provided for the purpose of testing functionality, documenting feedback and engagement, and ensuring an ideal launch takes place for those features. Should you request to participate or be selected directly by reTEQ for Early Access Features, you understand that reTEQ reserves the right to update, modify, or remove access at any time. You also understand that when using these features, you may experience outages, unavailability, or system bugs and are encouraged to report such cases to reTEQ Support for the improvement of said features. reTEQ provides no warranty and will not be liable for the unavailability, loss of business, or other negative results due to the use of Early Access Features.
4.5
AI-GENERATED COMPLIANCE. reTEQ is a generative AI Platform, AI-generated content must be used according to the following terms:
Accuracy and Compliance: The accuracy and reliability of the generated content cannot be guaranteed. Users are responsible for verifying the accuracy of the generated materials and ensuring compliance with applicable laws, regulations, and industry standards.
User Conduct: Users shall not use the feature to generate content that infringes upon the rights of others, including intellectual property rights, privacy rights, or defamatory content. Any such use may result in termination of user access.
Data Privacy: User data collected during the use of the feature is subject to our privacy policy, which outlines how we handle and protect user data. By using the feature, users consent to the collection, use, and sharing of their data in accordance with our privacy policy.
Disclaimer of Liability: reTEQ shall not be liable for any damages or losses arising from the use of the generated content. Users assume all risks associated with their use of the feature.
6. Payment and Fees
The use of certain Services may be subject to payment of particular fees, as determined by us in our sole discretion ("Fees"). We will provide notice of such Fees then in effect in relation to such Services prior to charging any amount to your payment method on file. If you wish to receive or use such Services, you are required to pay all applicable Fees in advance or, as required by specific Services, in arrears. We reserve the right to change our Fees at any time, upon notice to you if such change may affect your existing subscriptions, except where a term agreement has been made between you and reTEQ.
6.1
CURRENCY. All Fees are in U.S. Dollars, except as specifically stated otherwise in writing by us. All Fees shall be paid in U.S. Dollars.
6.2
TAXES. To the extent permitted by law (and unless specified otherwise by us in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment of all applicable Taxes relating to your use of the Services, or to any payments or purchases made by you. If we are obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.
6.3
ACCOUNT IMPLEMENTATION FEE. An “Account Implementation Fee” is due at the time of account setup and is non-refundable. This fee is used to cover a variety of services including (but not limited to) account setup and creation, training and help resources, and support.
6.4
MLS FEE. When not already included in your Ai platform fee, you as the client may be responsible to pay an “MLS Fee” to reTEQ used for managing MLS documentation, processing applications, and cover MLS vendor fees. Multiple MLS feeds are subject to additional charges as determined by reTEQ at the then current pricing structure and as communicated to you at the time of addition.
6.5
CONTRACT DURATION. You hereby agree to abide by the duration of the contract stated in your Subscription Agreement. Renewal and Cancellation policies are outlined separately below.
6.6
PAYMENT COLLECTIONS. As part of registering or submitting information to receive Services, you also authorize us (either directly or through our affiliates, subsidiaries, or other third parties) to request and collect payment (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries we or our subsidiaries or affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). When you receive a charge on your payment method for your reTEQ Subscription, it will show as being from reTEQ Inc and or The Tru Companies Inc.
6.7
INVOICING. Should you require an invoice or credit memo, we and/or our subsidiary or affiliated companies can assist you by issuing an Invoice for any payment of Fees or refund made to or by us ("Invoice"). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your Member Account and/or by email. For the purpose of issuing the Invoice, you may be required to furnish certain personal information in order to comply with local laws. Please note that the Invoice presented in your Member Account may be inadequate with your local law requirements, and in such case, may be used for pro forma purposes only.
6.8
AUTOMATIC RENEWAL. To ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by us in writing). We will automatically renew the applicable Services according to the scenario listed here based on your Subscription Agreement type which will be one of the following:
Monthly Agreement. Your Services will be automatically renewed for another calendar month after the current month has ended. You will be automatically charged the applicable Fees using the payment method you have on file with us. At the end of each term, this Agreement shall automatically renew unless terminated by either party in writing before the next Billing Cycle prior to the expiration of the then-current term.
Contract Agreement. Regardless of the initial contract duration, your Services will be auto-renewed for a one-year period at 12:00.01 a.m. on the day after the contract end date unless terminated by either party in writing at least ninety (90) calendar days prior to the contract end date.
You will be automatically charged the applicable Fees using the payment method you have on file with us. At the end of each term, this Agreement shall automatically renew unless terminated by either party in writing before the next Billing Cycle prior to the expiration of the then-current term. If you received a discount or other promotional offer, we shall have the right to automatically and without notice renew your subscription to such Services at the full applicable Fee.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible for verifying and ensuring the successful renewal of the Services you use (whether or not such Services are subject to automatic subscription renewals).
6.9
LATE OR UNSUCCESSFUL PAYMENTS.
In the event of a late or unsuccessful (failed) payment, we may notify you using certain automated communication tools via phone calls, text messages, and emails to resolve the issue of late or failed payments. These communications are intended to provide timely reminders, offer assistance in resolving late or failed payments, and facilitate the collection of overdue amounts. From time to time, we use AI powered automated communication tools to notify you and attempt to resolve these issues. By using our services, you acknowledge and consent to the use of these automated communication tools for the purpose of addressing late or failed payments and facilitating the collection of overdue amounts
By using our services, you acknowledge and consent to the use of these automated tools for the purpose of addressing failed payments.
6.10
CANCELLATION AND FAILURE TO COMPLY. Failure to comply with any material term of this Agreement or failure to pay any Fee when due under this Agreement may result in suspension of access (until full payment is made) or cancellation of your Member Account (or certain features thereof) and the provision of any related Services or Third Party Services to you.
You may discontinue use and request to cancel your Member Account or any Services at any time by contacting the reTEQ Support Team. You shall be solely responsible for the discontinuation of any Services purchased by you. Purchased Services, including those purchased on or through the Services and Add-Ons, are non-refundable. There will be no refunds or credits for Account Activation Fees, partial months of service, upgrading/downgrading, or unused months. You may cancel your Account and Services according to the terms that correspond to the contract length agreed upon in your Subscription Agreement. These terms are as follows:
Monthly Agreement. You may request to cancel at any time. You will be billed one more full monthly fee prior to Cancellation and then your account and the accounts of any other users on it will be scheduled for deactivation on the last day of the month following the current month regardless of when Cancelled.
Contract Agreement. When canceling an agreement with a defined contract duration, you will be required to pay the remaining contract value upon cancellation. If fees were paid in advance (prepaid) in accordance with a contract, no refunds will be made available by reTEQ. Such Contract Agreement may be terminated by either party without cause when written notice is provided at least ninety (90) calendar days prior to the contract end date.
You shall be solely responsible with respect to the discontinuation of any Services previously purchased by you, including due to a cancellation, failure to pay the applicable recurring Fees including due to failure of your payment method on file to accept the recurring charge, or due to any Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against us in relation to the discontinuation of any Services or Third Party Services, for whatever reason.
6.11
CHARGEBACKS. If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees (collectively, a "Chargeback"), this will constitute a breach of your payment obligations hereunder, your use of the Services may be automatically terminated, your Member Account may be blocked and any data contained in such Member Account may be subject to cancellation and Capacity Loss (as defined in this Agreement).
6.12
SERVICE PROVIDER PAYMENT. You acknowledge and agree that reTEQ may, as an accommodation and convenience to you, accept payment of the charges provided for herein from your mortgage lender(s) or other service provider(s) (each a “Service Provider”). Notwithstanding such accommodation, you expressly agree that you shall remain solely liable for prompt payment of all charges and expenses and that reTEQ shall have the right to cease providing such accommodation and to bill you directly at any time upon prior notice. You are solely responsible for enlisting the services of a Service Provider and for all use of the Platform by such Service Provider under your account. You represent and warrant that you and any such Service Provider shall be in compliance and shall continue to comply with all applicable laws related to your payment and shared services arrangement with the Service Provider. reTEQ shall have no liability for any and all arrangements between you and the Service Provider which impact the progress or results of reTEQ’s services to you. reTEQ shall have no responsibility for any agreements, arrangements, or liabilities that occur between you and the Service Provider.
Should reTEQ fail to receive payment from the Service Provider, you will pay the full amount due. Both you and the Service Provider will be notified via email. You will be able to re-invite the Service Provider and the Service Provider will not be charged for the previous payment failure. Upon the Service Provider’s confirmation and receipt of updated payment information, the Service Provider’s next payment will be charged when you are next billed by reTEQ.
6.13
CHARGES FOR NEW FEATURES. Features of the reTEQ and Ai Broker platforms and other Services may change from time to time and reTEQ reserves the right to charge for new features that may be included in future releases. We may change, suspend, or terminate any of the Services (or any features thereof, or prices thereof), at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner - except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may cancel your Member Account, continue to support your then-current Services without enabling such changes, or provide you with alternative Services.
6.14
PAYMENT FOR TECH RESOURCES. In certain scenarios, and only with prior written agreement by both you and reTEQ, reTEQ may commit to developing temporary technology solutions (“Manual Tech Solutions”) to address your individual requests to perform actions such as transfer or copy AI content, apply mass actions to records within the Services, or accomplish other miscellaneous tasks as needs may arise. These scenarios are related as individual requests and addressed on a case-by-case basis. reTEQ reserves the right to (a) deny requests regardless of the circumstances, (b) charge a customization fee to you for building and implementing a one-off solution, and (c) provide and adjust timelines for any agreed-upon work based on resource availability.
7. Content and Ownership
7.1
You represent and warrant that you own all rights in and to any content provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, listing/rental/sales information, and any other materials ("Content,” and for such Content provided by you, “Member Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Member Content, as necessary to legally use, publish, transfer, or license any and all rights and interests in and to such Member Content, whether publicly posted or privately transmitted.
The following standards apply to any and all Member Content. You must ensure that all Member Content posted by you complies with all applicable laws and regulations. Without limiting the foregoing, you must not post Member Content that:
infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty;
you know or reasonably believe
is false, misleading, untruthful, or inaccurate;
is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, or profane;
contains or depicts nudity or sexual activity;
promotes bigotry, racism, hatred, or harm against any individual or group; or is
otherwise inappropriate as determined by us in our sole discretion;
contains software viruses or any other disabling computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or
includes any confidential information, violates the rights of others (including, without limitation, the rights of publicity and privacy and rights under a contract), or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Use.
7.2
MEMBER CONTENT LICENSE GRANT. As between us and you, you shall own all intellectual property pertaining to your Member Content and proprietarty brokerage and team documents you provide reTEQ.
By submitting your Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Content in connection with the Services and our (including successors’ and assigns’) businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your Content through the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your Content, including the right to grant additional licenses to your Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
7.3
INTELLECTUAL PROPERTY RIGHTS. You acknowledge and agree that all right, title, and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the "look and feel" of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by or licensed to us.
7.4
The names, logos, product and service names, designs, slogans, and other trademarks associated with the Services are ours and those of our licensors. You must not use any of the foregoing without our written permission prior to use. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Services are the trademarks of their respective owners.
7.5
COPYRIGHTS. The Services may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
7.6
Subject to your full compliance with this Agreement and timely payment of all applicable Fees, we hereby grant you, upon creating your Member Account and for as long as we provide you with the Services, a non-exclusive, non-transferable, non-sub-licensable, fully revocable, limited license to use the Services and Licensed Content, for the purpose of accessing and using the Services and generating and displaying your content, solely as expressly permitted under the terms of this Agreement, and solely within the Services. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, or other laws.
10. Equal Housing Opportunity
We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin. We endeavor to treat all parties fairly and honestly and to support equal housing opportunities. We encourage our users to do so as well.
11. Copyrights and DMCA
We respect the intellectual property rights of others, we act in accordance with our interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify Customer Support of such infringement.
12. Termination
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, and effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so according to the terms outlined in this Agreement by following the instructions outlined on the Services. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and arbitration.
13. Privacy and your Personal Information
For information about reTEQ’s data protection practices, please read our Privacy Policy which is hereby incorporated into this Agreement. This policy explains how we treat your personal information when you access and utilize reTEQ's Services.
14. Indemnification
You agree to indemnify, defend, and hold harmless reTEQ, their affiliates, and their respective directors, officers, employees, and agents from any and all third-party claims, actions, demands, investigations, expenses (including reasonable attorney’s fees and costs), losses or liabilities incurred by or asserted against reTEQ or any of its indemnitees due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law, rule, or regulation applicable to you; (d) any dispute between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services (i) using your account and password or (ii) resulting from your failure to maintain appropriate security protocols related to your account with reTEQ reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with reTEQ’s defense of that claim.
15. Disclaimer of Warranties
15.1
We provide the Services on an "as is," "where is," "with all faults", and "as available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. We specifically do not represent or warrant that the Sites or Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your visitors or users) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your visitors or users or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Notwithstanding anything to the contrary contained herein, under no circumstances may we be considered as a "publisher" of any Member Content, and we do not in any way endorse any Member Content or assume any liability for any Member Content uploaded, posted, published and/or made available by any Member or any other party on and/or through the Services. You acknowledge that (1) there are risks in using the Services and/or connecting and/or dealing with any Third-Party Services in connection with Services, (2) we cannot and do not guarantee any specific outcomes from such use and/or interactions, and (3) you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions.
15.2
reTEQ shall have no liability or responsibility of any kind or nature whatsoever for compliance with RESPA including, but not limited to, Section 8 of RESPA or any regulations adopted under RESPA with respect to any joint use agreement, marketing service agreement or other similar agreement or arrangement whereby two or more Users share the cost of and right to access and use the reTEQ's Services. Each User that enters into any joint use agreement, marketing service agreement or other similar agreement, specifically acknowledges and agrees that such User is responsible for compliance with RESPA and the regulations adopted thereunder. Each User further acknowledges that, in accessing and using the Service on a shared basis, such User is not relying upon any representations or warranties made by reTEQ or any of its affiliates that such shared use complies with RESPA and reTEQ expressly disclaims any and all such representations or warranties.
16. Limitation of Liability
16.1
LIABILITY LIMITS. In no event shall we, our affiliates and each of our and their respective employees, contractors, directors, suppliers, licensors, and representatives, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the services for any lost profits, data loss, cost of procurement of substitute goods, accommodations, rights or services, or special, indirect, incidental, punitive, compensatory, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or for any direct damages in excess of (in the aggregate) the lesser of (a) fees paid to us for the particular services during the immediately previous three (3) month period or (b) $100.00.
16.2
ACKNOWLEDGEMENT. You specifically acknowledge that we shall not be liable for (i) user Content, (ii) the defamatory, offensive, or illegal conduct of any third party, or (iii) the condition, legality, or suitability of any property, and that the risk of harm or damage from the foregoing rests solely and entirely with you.
RELEASES. You shall and hereby do release us from all liability for you having acquired or not acquired housing through the Services. You hereby release us and our directors, officers, employees, agents, subsidiaries, Affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors, and suppliers from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Content accessed through the Services, or any interactions with others arising out of or related thereto, and you expressly waive the provisions of any local law, which provides in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor,” and all similar code provisions in any jurisdiction.
reTEQ shall have no liability or responsibility of any kind or nature whatsoever for compliance with RESPA, any other section of RESPA or any regulations adopted thereunder with respect to any joint use agreement, marketing service agreement or other similar agreement or arrangement whereby two or more Users share the cost of and right to access and use the reTEQ Services. Each User that enters into any joint use agreement, marketing service agreement or other similar agreement, specifically acknowledges and agrees that such User is responsible for compliance with RESPA and the regulations adopted thereunder. Each User further acknowledges that in accessing and using the Service on a shared basis such User is not relying upon any representations or warranties made by reTEQ or any of its affiliates that such shared use complies with RESPA and reTEQ expressly disclaims any and all such representations or warranties.
17. Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Arizona, including its conflicts of law rules, in the United States of America, and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable hereto. Without limiting the arbitration obligations set forth above, you agree to submit to the jurisdiction and venue of the state and Federal courts of Phoenix, Arizona for the purposes of these Terms of Use.
You agree that any cause of action arising out of or related to the services or us must commence within one (1) year after the cause of action accrues, otherwise, any such cause of action is permanently barred.
18. General
18.1
NOTICES. We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable customer platform(s), Member Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
18.2
HEADINGS. Any heading, caption or section title here is provided only for convenience, and shall not be used to interpret any section or provision hereof.
18.3
LANGUAGE. The terms of this Agreement were written in English. If a translated (non-English) version of this Agreement conflicts in any way with their English version, the provisions of the English version shall prevail.
18.4
RELATIONSHIP. This Agreement, your access to the Platform (s), and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between us and you.
18.5
ENTIRE AGREEMENT. This Agreement and any other legal or fee notices provided to you by us, shall constitute the entire agreement between us concerning the subject matter hereof and all prior understandings shall be deemed merged herein.
18.6
ASSIGNMENT. You may not assign or transfer any of your rights and obligations hereunder.
18.7
SEVERABILITY; NO WAIVER. If any provision of the Agreement is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of any of the remaining provisions of this Agreement. No Waiver of any breach or default of any of the terms of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
19. User Disputes
We reserve the right, without any obligation, to intervene in or monitor disputes between our users. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as we may reasonably request, in connection with any disputes involving you. Although we may moderate content or disputes in our discretion, we have no authority to legally bind third parties or force them to resolve complaints or disputes. Any efforts or statements made by us to intervene in or moderate disputes is superseded by this provision, which may not be modified, waived, or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver, or release is granted.
20. Miscellaneous
Entire Agreement. These Terms of Use, together with any state-mandated disclosure forms provided by us to you separately, are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
21. Contact Us
If you have any questions, complaints, or claims with respect to the Services, you may contact us.