Terms of Use

Welcome to NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD). We are a company which offers solutions for real estate professionals that people (our “Clients”) can use to connect with their friends, customers, and service providers (“End Users”), collectively referred to as “you”.

NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) (“NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD)”, “we” or “us”) offers various services to you, our Client and End Users, through our mobile application NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) and website www.referralcloud.co (our “Service”), all of which are conditioned on your agreement to adhere to the following Terms of Use without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Use. These Terms of Use are subject to change at any time, without prior notice. Any changes that are made to these Terms of Use will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Use on a regular basis. These Terms of Use apply to all visitors and all who access our Service.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We respect the privacy and security of all our Users. You understand that by using our Service, you give consent to the collection, use and disclosure of our personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use our Service. In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms on the entity’s behalf.
By connecting to NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) with a third-party service (e.g., Facebook, Twitter, LinkedIn or Google+), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD).

1. Services

NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) is a company which offers digital solutions for real estate professionals that people can use to connect with their customers and service providers.

2. Registration

By registering and participating in this Service, you agree and represent as follows:
1. You are of legal age and are otherwise capable of forming a legally binding contract;
2. All information you submit to NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
3. You agree to be contacted via Email, SMS and text messaging by NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) and third parties, if relevant, regarding NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD)’s services;
4. You hereby grant NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) permission to email or display your profile and such other information as may be supplied by you to us on or from our website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;
5. Unless you are a real estate agent, you agree to use the Services for your own personal use only;
6. By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/ transmitted to or through the Service using your account, solely in connection with the provision of Services.

You may visit our Site without registering. However, in order to use some of our Services you will be required to register for an account. When creating an account we will collect among other items your name, address, and email. If you decide to purchase any of our products, you will also be required to submit your credit card information to our third party payment processors or to Apple iTunes or Google. We may also ask you for additional information if necessary.

3. Responsibility For User Content

NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the website. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below. The Service allows users (as moderators) to flag inappropriate content which violates our Acceptable Use Policy (i.e. posts containing text and/or multi-media files, and/or comments containing inappropriate text based content). The Service allows users to flag objectionable user content in posts and comments, Users may report another user’s content as inappropriate, offensive, or violation of our Acceptable Use Policy by flagging the content and thereby automatically generating an incident requiring review. The incident will be reviewed and a decision rendered with 24 hours. If determined that a user published objectionable content which violates our Acceptable Use Policy then, (1) the offending content will be removed and (2) the user account will be deactivated with notice to the user. An administration portal monitored by NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) staff will be managing the deactivation of users who violate the Terms of Use agreement.

3c. Right to Modify or Terminate the Service

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service, your posts, comments, followers, chats, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your profile), but those materials and data may persist and appear outside the Service (e.g., if your Content has been reshared by others outside the Service).

It is the policy of NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent:

NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD)
Attention: Legal Team of NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD)
5510 S Ft Apache
Las Vegas, NV 89148
Email: support@referralcloud.co

To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4. Acceptable Use Policy

The following is a partial list of the kinds of activities that are prohibited on or through the Service of which may result in modification or termination of the Service or your access to the Service as described above in Right to Modify or Terminate the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Use.

5. Sharing Your Content

NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) allows Users to post and share various content on the Service. Unless otherwise agreed in writing signed by NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD), by submitting content, adding photos, video, data or other materials directly through the Service or suggesting any ideas or feedback (collectively, "Materials"), you hereby grant to NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to use, access, store, copy, modify, re-post, rearrange, display, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you. You further grant to NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) a royalty-free right and license to use your name, image and/or likeness in advertising and in connection with the licensed rights for the Materials. You also agree to indemnify, defend and hold harmless NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) from and against any claims or costs, including attorneys' fees, arising from the use or distribution of those Materials. You further grant NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) the right to use your name in connection with the reproduction or distribution of any such Material. While NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) is not under any obligation to monitor content provided by Users, NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) may, in its sole determination, remove any content that it deems objectionable, offensive, unlawful or in violation of these Terms of Use.

Subject to the license above, you retain all of your rights in all of the Materials you post to our Service, including all copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; patent rights and all other intellectual property and proprietary rights as they may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. The Service, all content and other subject matter included on or within the Service (“NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) Content”) is the exclusive property of NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) or its licensors. NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) reserves all of its rights with respect the NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) Content, and you may not download or distribute or otherwise make any personal or commercial use of the NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) Content.

6. Forums

The Service may offer forums, blogs, comment areas, bulletin boards, chat rooms and other areas (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) responsible for any third party's use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy. You agree not to use user names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.

7. Use of Third Party Services

As a part of our Service, we may offer links to websites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) does not operate or control in any way any information, software, products or services available on such websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization.

8. Mobile Apps

A. Our Mobile Application

We may make available various NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) Apps to access the Service via a mobile device. To use any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App you must have a mobile device that is compatible with the Mobile Service. NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) does not warrant that any Mobile App will be compatible with your mobile device. NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App for one NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App to any third party or use any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App to provide time sharing or similar services for any third party; (iii) make any copies of any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App, features that prevent or restrict use or copying of any content accessible through any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App, or features that enforce limitations on use of any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App; or (v) delete the copyright and other proprietary rights notices on any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App. You acknowledge that NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) may from time to time issue upgraded versions of any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App, and may automatically electronically upgrade the version of any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App that you are using on your mobile device. You consent to such automatic NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App or any copy thereof, and NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) or its third party licensors or suppliers retain all right, title, and interest in and to any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App (and any copy of any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App). You agree to comply with all United States and foreign laws related to use of any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App and the Service. Standard carrier data charges may apply to your use of any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App. If any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) Software originates in the United States, and is subject to United States export laws and regulations. The NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) Software and the Service.

B. NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App from iTunes

The following also applies to any NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) App you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you and NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD), not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes- Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Use and any law applicable to NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD), not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

9. Representations and Warranties and Indemnification

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Use, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party. You agree to indemnify, defend and hold harmless NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD), and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Use, or (d) any actual, prospective, completed or terminated service between you and a third party.

10. Disclaimers and Limitations

NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD)’S SERVICE IS AT YOUR OWN RISK. NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD)’S WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE. NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD)'S LIABILITY, AND THE LIABILITY OF NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD)'S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, Nevada RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF Nevada CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE Nevada CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. ERRORS AND DELAYS

NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) is not responsible for any errors or delays caused by an incorrect e-mail address or phone number provided by you or any other technical problems.

11. Payment

After browsing and using the free section of our website or App, you may be interested in purchasing some of our NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) products or services. You will be required to submit payment information and address information to do so, or you may be required to login to Apple iTunes or Google Play. Some of our content may require a monthly subscription, which will be due and payable at the beginning of each month, and will not be refundable for any reason, unless cancelled prior to the next billing cycle.

Credit Cards: You are expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. We may terminate or disable your account if you fail to pay any amount when due. If the credit card expires or otherwise declines payment, access to NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) can be modified or suspended. If payment is more than thirty (30) calendar days past due, interest will be charged on the unpaid balance at the lower of (a) 1.0% per month, or (b) the maximum allowable by law. The entire amount of unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. You agree to pay all costs of collection, including legal fees, incurred by us. Each time NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD)’s services are used, you agree that you are affirming that NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) is authorized to obtain payment from you through the selected payment method. All fees are quoted and payable in United States dollars. You also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to our services including Charges incurred on your account by anyone you allow to use it. You may cancel your account at anytime, and charges will no longer be incurred.

Taxes: You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

12. Termination

NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Use, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) at any time by delivering a written notice addressed to support@NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD).com. You shall be responsible for ensuring delivery of the notice to NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD). You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) emails. We respect your desire to manage your email preferences. Please be aware that, even if you have unsubscribed from certain email correspondences, we may still need to email you with important transactional or administrative information.
NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) shall have no liability to you or any third party should NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) modify or discontinue any service or an aspect thereof.

13. Dispute Resolution

Any claim or controversy arising out of or relating to the use of NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD)’s Service, to the goods or services provided by NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD), or to any acts or omissions for which you may contend NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in San Diego, Nevada, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of Nevada, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Nevada. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

14. Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

15. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) must be addressed to our agent for notice and sent via certified mail to: Agent of NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) , 9613 Hawksbill Ct Las Vegas, NV 89117.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Nevada Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

16. General

You agree that: (i) the Service shall be deemed solely based in Nevada; and (ii) this Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD), either specific or general, in jurisdictions other than Nevada. These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in San Diego, Nevada or the United States District Court for the Southern District of Nevada, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Use, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Use may not be transferred or assigned by you, but may be assigned by NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD).

17. Copyright and Trade Mark Notices

All contents of the Service are copyrighted © 2021 NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD) All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of NEVADA REALTY SOLUTIONS LLC (DBA REFERRALCLOUD), Other product and company names may be trademarks or service marks of their respective owners.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND/OR SERVICE IMMEDIATELY.

Updated on January 1, 2021