Please Read Carefully
The services that Ruuster Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, hereinafter “Company,” “we,” “our,” and “us”) provides to users are subject to the terms and conditions set forth herein (“Terms of Service”), which govern access to and/or use of the website, software-as-a-service platform, mobile or web applications, data analytics, management portal, content, products, services and any sites Company may have now and/or in the future including without limitation its homebuying management platform (collectively, the “Services”).
This Terms of Service applies to the following users: (i) homebuying consumers, (ii) real estate agents, and (iii) homebuying consumers that are customers of such real estate agents. Users of the Services that are homebuying consumers (whether or not they are customers of such real estate agents) shall hereinafter be referred to as “Consumers”. Users of the Services that are real estate agents shall hereinafter be referred to as “Agents”. All users of the Services, whether such users are Consumers or Agents, shall hereinafter be referred to as “users”, “you” or “your”. If you are entering into this Terms of Service on behalf of a company, organization or other legal entity, “user”, “you” or “your” shall refer to such entity. For avoidance of doubt, except as otherwise expressly set forth in this Terms of Service, provisions directed to Consumers shall apply only to Consumers; provisions directed to Agents shall apply only to Agents; and provisions directed to “users”, “you” or “your” shall apply to all users of the Services.
By accessing and/or using the Services in any manner, you signify your agreement with this Terms of Service, and are entering into a legally binding agreement with Company. Please read this Terms of Service carefully. If you do not accept this Terms of Service, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized. This Terms of Service expressly supersedes prior agreements and/or arrangements between you and Company.
You agree to Company’s privacy notice, located at https://www.ruuster.com/privacy-policy (“Privacy Notice”) and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Notice and this Terms of Service.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
Subject to the terms and conditions set forth herein, Company may, at any time and for any reason, in its sole and absolute discretion, make changes to the Services and/or modify this Terms of Service. If Company makes changes and/or modifications that affect your access to and/or use of the Services, Company will provide a notice of such changes only by posting the updated Terms of Service on the Services and Company will change the “last updated” date listed above.
We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances. Your use of the Services following any changes and/or modifications will constitute your acceptance of such changes and/or modifications. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. Please revisit this Terms of Service regularly to ensure that you stay informed of any changes.
Subject to the terms and conditions set forth herein, Company may, at any time and for any reason, in its sole and absolute discretion, make changes to the Services and/or modify this Terms of Service. If Company makes changes and/or modifications that affect your access to and/or use of the Services, Company will provide a notice of such changes only by posting the updated Terms of Service on the Services and Company will change the “last updated” date listed above.
We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances. Your use of the Services following any changes and/or modifications will constitute your acceptance of such changes and/or modifications. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. Please revisit this Terms of Service regularly to ensure that you stay informed of any changes.
General. Company provides a homebuying management platform to provide Consumers with the information, content, search features and/or tools needed to plan and execute portions of a home purchase. We want to help Consumers make the home buying experience a positive one. We encourage direct communication between Consumers and any third party services providers or professionals and may provide tools to enable Consumers to communicate through the Services.
Searchable Features. As part of the Services, we provide ways for Consumers to find professionals. For example, if a Consumer is looking for a lender, the Consumer can search and request rates through the Services. In such event, those third parties may contact the Consumer directly or we may direct the Consumer to continue the application or inquiries on their websites. However, we do not guarantee that Consumers will be able to match their specific needs with third party lender found through the Services, that such third parties are able or willing to complete their request or that the final terms offered will match those indicated on our Service. Consumers may also choose to schedule appointments with certain professionals through the Services. Please be aware that Company cannot guarantee that such professionals will be on time, or show up, for any booked appointments, as those professionals are not employees, contractors or agents of Company. We are compensated through our arrangements with third parties on the platform.
No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the professionals (including any Agents) listed on our Service or whom Consumers may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such professionals. We do not endorse or recommend the services of any particular professional on the Services.
We do not independently verify their representations about their services, nor validate any reviews. It is entirely up to Consumers to evaluate their qualifications, and to enter into a direct contract or otherwise reach an agreement with them, and Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). We do not knowingly collect or solicit information from children under the age of thirteen (13). You represent and warrant that you are at least thirteen (13) years of age, provided that if you are under eighteen (18) years of age, your use of the Services is subject to requirements of parental consent. If you are under age thirteen (13), you may not, under any circumstances or for any reason, use the Services.
We may, in our sole discretion, refuse to offer the Services to any person and/or entity and change its eligibility criteria at any time. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at helpme@ruuster.com if you think a child has provided us personal information.
Use of Services and Availability. Use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, or objectionable. Company retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time.
You understand and agree that there may be interruptions to the Services and/or access to your Consumer Account (defined in Section 5 below) or Listing Account (defined in Part B) due to circumstances both within our control (e.g., routine maintenance) and outside of Company’s control, for which Company will bear no responsibility. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
Communications from Company. By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Websites and applications are generally free for consumers. The Company's primary customers are real estate agents, teams, and brokerages who are delivered solutions on a negotiated basis by contract only. No services are able to be paid for or directly integrated via this website without a prior contractual relationship.
In general, Company will develop and launch an integrated mobile application that enables real estate brokerages and their agents to collaborate with their clients and other users throughout the home buying process (“Development Services”). The Development Services shall include a web portal, mobile app (‘iOS’ and ‘Android’) and administrative dashboard, branded for the Client, and an integration with Multiple Listing Services "MLS"s. The SaaS Services shall include a web portal, mobile app (‘iOS’ and ‘Android’) and administrative dashboard. The mobile applications will be released to the applicable application store and shall be subject to a submission and approval process determined by the applicable application store.
SaaS Services. Company will provide Customer with a monthly subscription to its software as a service solution to maintain and support the Development Services (“SaaS Services”). The "Onboarding Fee" will be charged on the Effective Date and the Subscription Fees will begin being charged on the earlier of 1) the date the application is launched to the App Stores or 2) 60 days from the Effective Date (the "Launch Date").
In general, there will be no refund of payments for Development Services or SaaS services once those services have commenced and prior to any Termination Date.
.svg)
.svg)