Last Updated: 03/07/2023
ARBITRATION AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
License and Intellectual Property
All rights in the trademarks, service marks, logos, trade names, and designs appearing on this Site belong exclusively to RealAdvisor, its subsidiaries or affiliated companies, or third-party owners and are protected under national and international trademark laws. Except as otherwise permitted on the Site, you are not permitted to reproduce, download or otherwise use such trademarks, service marks, logos, trade names, or designs without the prior express written consent of the owner of such mark.
Availability of Content
Features and Changes on the Site
We respect the intellectual property of others. If you believe that material or content residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement containing the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; contact information about the notifier including address, telephone number and, if available, e-mail address; a statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Please contact us to receive notification of claimed infringement. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Third Party Services
The Site may permit you to link to or share Content with other websites, services, or resources on the Internet, including, but not limited to, Facebook, Twitter, and Instagram. Other websites, services, or resources may contain links to the Site and Content. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link or ability to share Content does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 or reliance on any such content, goods, or services available on or through any such website or resource.
Your privacy is important to us. Please see our Privacy Notice to learn how we collect, use, and disclose your personal information.
We have no special relationship with or duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Site, what Content you access via the Site, or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Site. We make no representations concerning any Content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Site.
YOU UNDERSTAND AND AGREE THAT THE REALADVISOR SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. REALADVISOR MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REALADVISOR DOES NOT WARRANT THAT THE REALADVISOR WEBSITE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, REALADVISOR MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH REALADVISOR’S WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND REALADVISOR IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM REALADVISOR SHALL CREATE ANY WARRANTY ON BEHALF OF DREAM: SUCCESS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OUR RESPECTIVE, AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE OR CONTENT, WHETHER SUCH DAMAGES WERE FORESEEABLE OR REALADVISOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (A) FOR ANY LOST PROFITS, PROPERTY DAMAGE, DATA LOSS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (B) FOR ANY BUGS, VIRUSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (C) FOR ANY DIRECT DAMAGES IN EXCESS OF TEN DOLLARS ($10.00) (IN THE AGGREGATE). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction
All disputes arising out of or related to the use of the Site or Content, as permitted following the mandatory arbitration described above, shall be brought in the state or federal courts located in Geneva, Switzerland and you hereby irrevocably consent to the exclusive jurisdiction and venue thereof. These Terms will be construed in accordance with the laws of the Country of Switzerland without regard to its conflict of law principles.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Entire Agreement and Severability
You may contact us at the following address: email@example.com.