Terms of service

Last updated February 10, 2022

Table of Contents

RealOpen.com is a DBA and trademark of RealOpen.com Inc. (together, “RealOpen” and/or us, we, our), a Delaware corporation with its principal place of business in Los Angeles, CA, USA, and is the owner and operator of RealOpen.com, as well as social media pages, the RealOpen app, and other websites and technology platforms RealOpen may designate from time to time (together, the “Platforms”). The following are our Terms of Use for the use of any and all of our Platforms (the “Terms”). These Terms are important and affect your legal rights, so please read them carefully.

By accessing or using our Platforms provided now or in the future by RealOpen or our subsidiaries, affiliates, or franchisees, you agree to be bound by these Terms and all of the provisions incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Platforms or use the services, programs and/or products made available through the Platforms (together, the “Services and/or Products”). As used in these Terms, “you” and “your” refer to you as well as any entity, whether or not incorporated, that you own and/or control and/or that you registered for the use of our Platforms and/or purchase of any of our Services and Products, with legal authority to do so, and/or for whom you purchased any of our Services and/or Products or whom you authorized to use any of our Platforms, Services and/or Products. You represent and warrant that you are an adult and you acknowledge and agree that registration, use, and/or purchases are all conditioned upon your agreement and compliance with these Terms.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by publishing the new version on our Platforms. By continuing to access or use the Platforms or use, purchase, or receive our Services and Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to read the Terms frequently. If you do not agree to the Terms and any revised Terms as we may publish from time to time, you may not access or use the Platforms or use or order our Services or Products.

1. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and/or disclose information about our guests and/or customers including you. The Privacy Policy is part of these Terms and is fully incorporated herein by reference.

2. Eligibility and Availability

To create a user account on our website or app, you must be an adult under the laws of the jurisdiction in which you reside and have the power and authority to enter into these Terms of Use. You may not access or use our Platforms if you or any entity you own and/or control have been banned from the Platforms. Also, we give you permission to use the Platforms subject to the terms and conditions in these Terms and Privacy Policy in force at the time of your access. Your use of the Platforms, including without limitation the RealOpen app, are at your own risk. We reserve the right to discontinue, interrupt, modify, suspend, or change any of our Platforms at any time without prior notice or liability.

3. Registration, Access, Account, and Communications

To access and use the Platforms and purchase services you must register through our website or app and create an account. The information we collect in connection with your registration and creation of an account, as well as any information and/or data we collect regarding your and use of our Platforms and purchase of services of products, is governed by our Privacy Policy.

To create the account, you provide certain information about yourself and any entity you own and/or control, on whose behalf you act, to use some of the features offered through the Platforms. You agree to provide complete and accurate information (e.g. contact info, names, date of birth, etc.) and not to impersonate someone else such as fictitious or actual people or entities. You also agree not to create multiple accounts.

You agree that you are solely responsible for maintaining the security of your account, including the confidentiality of your login info (user name and/or password), and agree to notify us immediately of any unauthorized access to, or use of, your account. You further agree that we have the right to close your account at any time for any or no reason.

By creating an account with us, you agree to receive communications we may send in connection with the Platforms, our Services, and any services and/or products of our affiliates and/or business partners (including administrative, technical, security- or purchase-related), via email, text message, app message, social network messages, or other means. You agree that you are responsible for any and all fees charged by any third parties to access and use the Platforms (such as data, internet, and/or phone charges), including any charges associated with receiving and/or sending text messages.

4. License to Access and Use Our Platforms and Services

Your use of our Platforms and/or purchase of a Service represents a revocable license that we may canceled at any time. If you breach any of these Terms or Privacy Policy, or otherwise present or threaten a risk to the security and/or orderly operation of any of the Platforms or to the security, privacy, and/or activities of our guests or employees, we may refuse you access to, or remove you from, any of our Platforms at any time, in our sole discretion. You agree that we may monitor your account and account-related activities upon your access of the Platforms. You consent to such monitoring and/or searches and waive any related claims that may arise. If you do not consent to such monitoring and/or searches, you may be denied access to the Platforms.

Lastly, by accessing our Platforms and/or using our Services and/or Products, you agree to comply at all times with the Platform Rules and Guest Responsibilities as released and/or modified from time to time, which are fully incorporated herein by reference and are part of these Terms. You further agree that we have the right to refuse you access to, and/or remove you from, our Platforms, at any time, as our staff deems necessary to protect our Platforms and/or the safety, privacy, and/or activities of our customers and staff, and that we are not responsible for loss or theft of, or harm or damage to, your property.

YOU UNDERSTAND AND AGREE THAT THERE ARE CERTAIN INHERENT RISKS ASSOCIATED WITH THE USE OF AND/OR PARTICIPATION IN THE PLATFORMS, AND SUCH RISKS MAY INCLUDE UNAUTHORIZED ACCESS AND/OR MISUSE OF YOUR ACCOUNT OR DATA. YOU FREELY, KNOWINGLY, FULLY AND VOLUNTARILY ASSUME ANY AND ALL SUCH RISKS, KNOWN AND UNKNOWN, INCLUDING WITHOUT LIMITATION ANY SUCH RISKS THAT MAY ARISE DUE TO THE ACTIONS OR INACTIONS OF OTHER PLATFORM USERS, CUSTOMERS AND/OR VISITORS, WHETHER OR NOT AUTHORIZED. YOU, ON BEHALF OF YOURSELF AND YOUR AGENTS, HEIRS, ENTITIES YOU OWN OR CONTROL, AND/OR ASSIGNS, AGREE TO HOLD HARMLESS AND INDEMNIFY US, OUR AFFILIATES, PRINCIPALS, OWNERS, OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CUSTOMERS, USERS, INCLUDING ANY OF THEIR SUCCESSORS AND/OR ASSIGNS FROM, AND RELEASE AND WAIVE, ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, DAMAGES, COSTS, EXPENSES, AWARDS, AND/OR JUDGMENTS ARISING FROM OR RELATING TO YOUR USE OF AND/OR PARTICIPATION IN THE PLATFORMS AND/OR USE OF OUR SERVICES, AND/OR ANY ACTIVITY AND/OR ACTIONS THEREIN.

5. Our Content

For purposes of these Terms, “Content” means images, videos, text, audio, technology, code, metadata including location data, and all other forms of data or communication. “Our Content” means Content that we create and/or make available in connection with our Platforms and/or your use of our Platforms and/or Services, including, without limitation, the design (and any element of design) of our Platforms (including, without limitation, the RealOpen app and the RealOpen website), features, graphics, layouts, settings, imagery, appearance, descriptions, methods and manners of operation and conduct of our activities, and further including computer code, any digital information or design, software, descriptions of Services and/or Platforms, whether or not trademarked or copyrighted. “Your Content” means Content that you create, submit, and/or send to, through, or related to our Platforms and/or Services, including, without limitation, any Content you circulate or create through our Platforms (including the RealOpen app) and also any ratings, reviews, messages, and/or other information related to our Platforms and/or Services that you publicly display or publish.

You agree that we exclusively own all Our Content as defined above, and have an exclusive right to use as to Our Content unless we explicitly and in writing assign such right, or portions of it, to anyone. You further agree that we own the trademarks, copyrights, any service marks, trade names, and/or other proprietary or intellectual property rights in the United States and throughout the world, that are associated with Our Content, our Platforms, and our Services. Thus, you further agree not to publish, reproduce, distribute, modify, copy, alter, create derivative works or adaptations, or in any way use for any purpose, whether or not financial, any of Our Content without our prior written express approval, which we may or may not grant in our exclusive discretion.

6. Your Content and Information

You agree that we may, and give us permission to, use any of Your Content or parts thereof in order to process it, analyze it, evaluate it, and allow our affiliates and/or business partners to do the same with such content. You agree that we need not notify you before we use Your Content in the manner set forth herein. You entirely and irrevocably waive any claims or actions, including claims of moral rights or attribution, with respect to Your Content. YOU FURTHER AGREE TO HOLD US, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, PRINCIPALS, MEMBERS, OWNERS, AGENTS, AND/OR EMPLOYEES HARMLESS FROM ANY CLAIMS THAT MAY BE ASSERTED AGAINST US BY ANYONE IN CONNECTION WITH OUR USE OF YOUR CONTENT AS SET FORTH IN THIS SECTION.

By submitting to us through any medium any suggestions, ideas, proposals, or documents (together, “Information”), you agree that (a) such Information is not confidential and we have no obligation to maintain confidentiality as to such Information, (b) you are not breaching or infringing any third party’s rights as to such Information, (c) you freely, fully, and irrevocably transfer and convey to us, free of charge or any financial or non-financial obligations, any rights you may have as to such Information and grant us an irrevocable, royalty-free, perpetual, worldwide right and license to use in full or in part, change or modify, prepare any derivative works, publish, distribute, transfer, and/or license the Information as we deem fit and to whoever we deem fit, and you irrevocably and fully waive, disclaim, and cause to be waived and disclaimed, against RealOpen, its affiliates, partners, customers, Platform users, owners, principals, members, directors, officers, agents, representatives and/or employees any claims for financial or non-financial compensation, any other claims, and any assertions of any moral rights as to such Information.

7. Third Party Content, Links, and Interactions

The Platforms may from time to time include links to or reference other web sites or platforms owned or operated by third parties unrelated to RealOpen, solely for the users, customers, and/or visitors’ convenience. RealOpen does not endorse or adopts the information contained in any such websites or platforms, or the products or services featured in or referenced by such websites or platforms, and makes no express or implied warranties as to any information, products, or services therein. VISITORS OR USERS OF REALOPEN’S PLATFORMS MAY ACCESS AND/OR USE SUCH OTHER WEBSITES OR PLATFORMS, AND ANY INFORMATION AND/OR SERVICES THEREIN, AT THEIR OWN RISK.

Likewise, if you interact or deal with any advertisers or any other third party entities you identified, located, or accessed through the Platforms, any such interaction or dealing is solely between you and such third party entities, and any disputes and/or disagreements are solely between you and such third party entities. YOU AGREE THAT REALOPEN, ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, MEMBERS, PRINCIPALS, AND/OR EMPLOYEES ARE NOT RESPONSIBLE OR LIABLE FOR ANY ALLEGED OR ACTUAL LOSS, DAMAGE, OR HARM OF ANY KIND THAT MAY BE INCURRED OR ARISE OUT OF OR IN CONNECTION WITH ANY SUCH DEALINGSS OR INTERACTIONS WITH ANY SUCH THIRD PARTIES, AND FURTHER AGREE TO HOLD REALOPEN, ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, MEMBERS, PRINCIPALS, AND/OR EMPLOYEES HARMLESS FROM ANY CLAIMS ARISING OUT OF YOUR INTERACTIONS OR DEALINGS WITH SUCH THIRD PARTIES.

8. Disclaimers

YOU AGREE THAT THE PLATFORMS AND/OR SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ANY AND ALL FAULTS” BASIS AND THAT YOUR USE OF THE PLATFORMS AND/OR SERVICES IS AT YOUR OWN RISK, DISCRETION, AND INITIATIVE. YOU ACKNOWLEDGE AND AGREE THAT REALOPEN, ITS DIRECTORS, OFFICERS, PRINCIPALS, MEMBERS, OWNERS, AND/OR EMPLOYEES MAKE AND HAVE MADE NO CLAIMS, PROMISES, OR GUARANTEES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE PLATFORMS AND/OR SERVICES, THEIR SAFETY AND/OR SECURITY, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. YOU FURTHER AGREE THAT REALOPEN, ITS OWNERS, MEMBERS, PRINCIPALS, DIRECTORS, OFFICERS, AND/OR EMPLOYEES ARE NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OR PURCHASE OF, OR ACCESS TO, THE PLATFORMS AND/OR SERVICES. YOU AGREE TO OUR EXPRESS DISCLAIMER OF ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, SUGGESTION, OR ADVICE PROVIDED TO YOU BY ANY AGENT, EMPLOYEE, STAFF, OR REPRESENTATIVE OF REALOPEN SHALL CREATE A REPRESENTATION OR WARRANTY. WE SPECIFICALLY MAKE NO REPRESENTATION AS TO THE RELIABILITY, SECURITY, OR MERCHANTABILITY OF ANY OF OUR DIGITAL PLATFORMS, INCLUDING OUR WEBSITE AND OUR APP, AND YOU AGREE THAT YOUR USE OF OUR PLATFORMS ARE AT YOUR OWN RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY DIGITAL, ELECTRONIC, OR COMPUTERIZED COMPUTER SYSTEM YOU USE AND/OR ANY LOSS OF DATA RESULTING FROM YOUR USE OF SUCH PLATFORMS.

9. Limitation of Liability, Release, Remedies, and Indemnification.

YOU AGREE THAT REALOPEN, ITS OWNERS, MEMBERS, PRINCIPALS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, USERS, CUSTOMERS, AND/OR AFFILIATES ARE NOT LIABLE TO YOU OR ANY OTHER ENTITY YOU OWN AND/OR CONTROL FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF, AND/OR ACCESS TO, OUR PLATFORMS AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, OUR APP. IF ANY APPLICABLE LAW DOES NOT PERMIT EXCLUSION OF ALL DAMAGES, THEN THIS LIMITATION OF LIABILITY WILL BE VALID TO THE FULL EXTENT PERMITTED UNDER SUCH LAW, AND YOUR DIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OUR PLATFORMS, SERVICES AND/OR PRODUCTS SHALL BE LIMITED TO $100. FURTHER, YOU FULLY AND IRREVOCABLY WAIVE ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO THE FULLEST EXTENT POSSIBLE. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

FURTHER, IN EXCHANGE FOR YOUR USE OR PURCHASE OF, OR ACCESS TO, ANY OF OUR PLATFORMS AND/OR SERVICES, YOU (ACTING FOR YOURSELF AND/OR AS AGENT AND REPRESENTATIVE FOR ANY ENTITY YOU OWN OR CONTROL) FULLY, IRRECOVABLY, AND FOREVER RELEASE, HOLD HARMLESS, PROMISE NOT TO SUE, AND DISCHARGE REALOPEN AND/OR ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, USERS, AND CUSTOMERS, INCLUDING THEIR SUCCESSORS AND ASSIGNS (TOGETHER, THE “RELEASED PERSONS”) FROM ANY AND ALL CLAIMS, INJURIES, DEMANDS, LIABILITIES, DISPUTES, CAUSES OF ACTION (INCLUDING STATUTORY, CONTRACT, NEGLIGENCE OR OTHER TORT THEORIES), PROCEEDINGS, OBLIGATIONS, DEBTS, LIENS, FINES, CHARGES, PENALTIES, CONTRACTS, PROMISES, COSTS, EXPENSES (INCLUDING ANY CASE COSTS AND/OR ATTORNEYS’ FEES, WHETHER INCURRED AT OR IN PREPARATION FOR TRIAL, APPEAL, MEDIATION, OR OTHERWISE), DAMAGES (INCLUDING CONSEQUENTIAL, COMPENSATORY, SPECIAL, OR PUNITIVE DAMAGES), OR LOSSES (WHETHER KNOWN, UNKNOWN, ASSERTED, UNASSERTED, FIXED, CONDITIONAL, OR CONTINGENT) THAT ARISE OR MAY ARISE FROM OR RELATE TO ANY OF THE PLATFORMS AND/OR SERVICES WE PROVIDE OR MAKE AVAILABLE (TOGETHER, THE “CLAIMS”) THAT YOU HAVE OR MAY HAVE IN THE FUTURE AGAINST ANY RELEASED PERSON ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR PURCHASE OF, AND/OR ACCESS TO, THE PLATFORMS AND/OR SERVICES WE PROVIDE OR MAKE AVAILABLE TO YOU. SUCH RELEASES ARE INTENDED TO BE GENERAL, IRREVOCABLE, AND COMPLETE RELEASES AND WAIVERS OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR PURCHASE OF, OR ACCESS TO, THE PLATFORMS AND/OR SERVICES WE PROVIDE OR MAKE AVAILABLE.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF ANY DISAGREEMENTS, DISPUTES, AND/OR DISSATISFACTION ARISING OUT OF, OR RELATED IN ANY WAY TO, YOUR USE OR PURCHASE OF, OR ACCESS TO, ANY OF OUR PLATFORMS AND/OR SERVICES, OR FOR ANY OTHER GRIEVANCE OR CLAIM, SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF SUCH PLATFORMS AND/OR SERVICES AND YOUR REIMBURSEMENT OF ANY PRICE PAID.

YOU FURTHER IRREVOCABLY AGREE TO FULLY INDEMNIFY REALOPEN, ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CUSTOMERS, USERS, BUSINESS PARTNERS, AND/OR AFFILIATES, AS WELL AS THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS AND EXPENSES, INCLUDING CASE COSTS AND ATTORNEYS’ FEES (TOGETHER, “CLAIMS”), THAT ARISE OR MAY ARISE FROM YOUR BREACH OF ANY OF THESE TERMS OR YOUR USE, MISUSE OR PURCHASE OF, OR ACCESS TO, ANY OF OUR PLATFORMS AND/OR SERVICES. YOU AGREE THAT WE HAVE THE RIGHT, AT OUR OWN EXPENSE AND IN OUR OWN DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER THAT MAY OTHERWISE BE SUBJECT TO YOUR INDEMNIFICATION HEREIN, AND THAT IN SUCH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.LASTLY, YOU AGREE THAT, IF ANY OF THE FOREGOING PROVISIONS ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THEN THEY SHALL BE CONSTRUED TO BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED.

10. Dispute Resolution, Venue, Limitation of Actions, and Governing Law

Binding Arbitration and Class Action Waiver: YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND REALOPEN, ITS OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND/OR PARTNERS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER PREEXISTING, PRESENT OR FUTURE, INCLUDING, WITHOUT LIMITATION, STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS OR CAUSES OF ACTION, ARISING OUT OF OR RELATING TO THESE TERMS, THEIR ENFORCEMENT, APPLICABILITY, VALIDITY, INTERPRETATION, ALLEGED BREACH, TERMINATION, AND/OR RELATIONSHIPS OR DUTIES ARISING OUT OF SUCH TERMS, THE PLATFORMS, AND/OR YOUR USE AND/OR PURCHASE OF, OR ACCESS TO, ANY OF THE PLATFORMS AND/OR SERVICES (TOGETHER OR INDIVIDUALLY, “CLAIM” OR “CLAIMS”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES THEN IN EFFECT (AVAILABLE AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879), OR, IF NOT POSSIBLE FOR ANY REASON, ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER OR PRIVATE ARBITRATOR MUTUALLY AGREED UPON BY YOU AND REALOPEN, OR IF NO SUCH AGREEMENT IS REACHED, ANY PRIVATE ARBITRATOR DESIGNATED BY THE LOS ANGELES, CALIFORNIA JAMS. THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION. YOU AGREE THAT SUCH ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE(S) AND/OR CLAIM(S) BETWEEN YOU IN YOUR INDIVIDUAL CAPACITY AND/OR AS REPRESENTATIVE OF ANY ENTITY YOU OWN AND/OR CONTROL, WHETHER OR NOT INCORPORATED, AND REALOPEN, ITS OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND/OR BUSINESS PARTNERS AND/OR THEIR SUCCESSORS AND ASSIGNS, RESPECTIVELY. NEITHER YOU NOR US SHALL BE ENTITLED TO JOIN OR CONSOLIDATE ANY CLAIM(S) OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MASS OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE INITIATE, MAINTAIN, AND/OR PARTICIPATE IN, A CLASS ACTION AGAINST THE OTHER PARTY, IN COURT OR ARBITRATION. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OR THESE TERMS ARE VOID, VOIDABLE, OR OTHERWISE INVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD OTHERWISE BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY TO EITHER PARTY. ANY AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON YOU AND US AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. EACH PARTY TO SUCH DISPUTE AND/OR ARBITRATION PROCEEDINGS SHALL BE RESPONSIBLE FOR THEIR RESPECTIVE COSTS AND ATTORNEYS’ FEES. ARBITRATION SHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA. FURTHER, IN CASE THIS ARBITRATION PROVISION IS FOUND TO BE INVALID IN PART OR IN WHOLE OR IS OTHERWISE NOT ENFORCEABLE OR APPLICABLE, YOU AGREE THAT YOU MAY FILE ANY COURT CLAIM SOLELY IN YOUR INDIVIDUAL CAPACITY OR AS A REPRESENTATIVE OF YOUR FAMILY AND NOT AS A REPRESENTATIVE OF ANY PUTATIVE OR CERTIFIED CLASS, OR OTHERWISE AS PART OF ANY GROUP OF UNRELATED PARTIES, AND FURTHER AGREE TO HAVE ANY CLAIM YOU MAY HAVE ADJUDICATED SOLELY BY A JUDGE AND TO WAIVE ANY TRIAL OF SUCH CLAIM BY JURY.

You agree that you may bring any Claim only within one (1) year after such Claim or cause of action arose, regardless of any statute or law, including common law, to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such Claim shall be forever barred, to the full extent permitted under the law. Lastly, you agree that these Terms or any Claim shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of California, without regard to any conflicts of laws.

11. Termination

You may terminate your account on our app from within the app or may otherwise contact us atcontact@realopen.com to request the termination of your account. We will endeavor to do so within a reasonable time, likely to take around fifteen business days barring any unforeseen event. You further agree that we have the right to close your account, suspend your ability to access any of our Platforms, and/or ban you altogether from any of our Platforms for any or no reason, and without any notice or liability. You agree that, in the event of any termination of your account, for any reason and by anyone, these Terms, and in particular Sections 8, 9, and 10 herein, will continue in full force and effect.

12. Miscellaneous

These Terms contain the entire agreement between you and RealOpen regarding the use of our Platforms and/or our Services, and supersede any prior agreement between you and us on such subject matter. You agree that you place no reliance whatsoever on any oral representations made to you at any time by anyone purporting to act as RealOpen‘s agent, employee, or representative.

You agree that you may not transfer, assign, or license any rights or obligations under or related to these Terms and/or your relationship and/or interactions with us except with our prior written consent. You agree that we may transfer, assign, or license such rights or obligations without your permission, restriction or notice to you. You agree that any attempted assignment by you of any Claims as defined above, shall violate these Terms and be void.

You acknowledge and agree that any failure on our part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. You further acknowledge and agree that if any provision of these Terms is found to be unenforceable, unconscionable, or otherwise invalid, then that provision, and only that provision, shall be modified or eliminated to the minimum extent necessary, and that these Terms shall otherwise remain in full force and effect and enforceable.

The section titles in these Terms are for reader‘s convenience only and have no legal or contractual effect. In particular, no party can base its argument or otherwise rely in any proceedings upon the content of such section titles.

Notice for California Residents Only: Under California Civil Code Section 1789.3, California users may be entitled to the following consumer rights notice: If you have a question or complaint regarding the digital Platforms, please contact us using the information we‘ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You acknowledge and agree that by clicking on buttons or boxes in our Platforms that include or feature text starting with or stating “I AGREE”, “I CONSENT”, “DOWNLOAD”, “I ACCEPT” or similar, you accept these Terms, are submitting a legally binding electronic signature, and are entering into a legally binding contract with us. You acknowledge that your electronic signature and submissions constitute your consent, agreement, and intent to be bound by these Terms.

13. Notices

Legal notices will be served, with respect to us, by email tocontact@realopen.com and with respect to you, to the email address you provide to us during the registration process. Notice will be deemed given one business day after email is sent, unless the sending party is notified that the email address is invalid or the email message was otherwise not delivered.

Date: February 10, 2022