Terms and Conditions

Last Updated Date: 8/26/2024

1. Acceptance of the Terms and Conditions.

Binding Agreement; Description. Realty Solver LLC (“Realty Solver,” “we,” “us” or “our”) provides and makes available its marketing tools, including its payment processing capabilities, scheduling tools, website located at https://www.realtysolver.com/ (the “Site”) and its Services (the “Services”) and its API (the “API”) (collectively, the “Service”). All uses of the Service are subject to the terms of agreement in this Terms and Conditions (this “T&C”). Please read this T&C carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this T&C. If you do not accept this T&C's terms and conditions, you may not access, browse or use the Service.

AS FURTHER DESCRIBED BELOW, THIS T&C REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Changes to this T&C. You understand and agree that Realty Solver may change this T&C at any time without prior notice; provided that Realty Solver will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this T&C at any time by selecting the appropriate link on the Service. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised terms and conditions. If any change to this T&C is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this T&C will govern any updates Realty Solver provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised T&C, in which case the terms of that license or revised T&C will govern. Notwithstanding the preceding sentences of this Section. No revisions to this T&C will apply to any dispute between you and Realty Solver that arose prior to the effective date of such revision.
Privacy Policy. Your access to and use of the Service is subject to Realty Solver’s Privacy Policy located at https://www.realtysolver.com/privacypolicy (“Privacy Policy”), which is incorporated herein by reference.
Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY REALTY SOLVER. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least 18 years of age.

2. The Service.

Description. The Service provides independent and third-party services and delivery professionals (“Delivery Professionals”) with a network through which Professionals can provide services and delivery services (each such delivery service is a “Delivery”). Any person who accesses and/or uses the Service to connect with a Professional or Delivery Professional is a “Customer.” Realty Solver offers tools, information, and a method for Customers to obtain services.
Limitations. IT IS UP TO CUSTOMERS, THIRD-PARTY PROFESSIONALS AND DELIVERY PROFESSIONALS TO OFFER, ACCEPT AND PROVIDE OBLIGATION, THE PICK-UP, CARRY, AND DELIVERY SERVICES THAT MAY BE SCHEDULED THROUGH USE OF THE SERVICE. REALTY SOLVER OFFERS INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENT OF SERVICE, PICK-UP, CARRY, AND DELIVERY SERVICES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY SERVICES PROVIDED TO YOU THROUGH THE SERVICE.

3. Registration.

Accounts. To use the Service, you must create an account (an “Account”). The information required to create an Account may vary depending on services requested. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your Account, whether or not you authorized the activity. If you use the Service on behalf of a company, entity, or organization (each an “Organization”), then you represent and warrant that you: (i) are an authorized representative of that Organization with the authority to bind such entity to the T&C and (ii) agree to be bound by the T&C on behalf of such Organization.
Theft of Credentials. If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your Account, then notify Realty Solver immediately at realtysolverllc@gmail.com, and change your password at the earliest opportunity. Realty Solver will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Realty Solver of the unauthorized use or loss of your credentials.

4. Rules for Customers. (The terms in this Section 4 apply to Delivery Customers.)

Requesting Deliveries. In order to request a Delivery, you will have to specify certain information about the Delivery, which may include: the pick-up address, the destination address, the items you are requesting to be lifted, delivered or moved (“Items”), contact information and the date and time of pick-up. Using the address you provide; Realty Solver will use commercially reasonable efforts to connect you with a Delivery Professional to perform the Delivery for you and will provide them applicable details regarding the Delivery. If no Delivery Professionals are available, Realty Solver will notify you that there are no Delivery Professionals available to perform the Project, at which point we will have no further obligation to attempt to connect you to a Delivery Professional for the applicable Delivery.
Prohibited Items. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY OF THE FOLLOWING TRANSPORTED: accounts, bills, debts, evidence of debt, letters of credit, passports, documents, railroad or other tickets, notes, money, securities, currency, bullion, precious stones, jewelry and/or other similar valuable articles, items valued at more than $40,000 (forty thousand dollars), paintings, statuary and other works of art, manuscripts, mechanical drawings, live animals, tobacco, cigars, cigarettes, stolen items, people, grandfather clocks, fireworks, drugs, guns, weapons, extremely heavy and bulky items such as pianos, hot tubs/saunas, billiard tables, concrete slabs, gun safes, any item considered illegal according to federal, state or local laws, non-ferrous metal in scrap and/or ingot form, or furs and skins. Some states including Georgia do not allow the transportation of used goods from home to home. Users must refer to and comply with Realty Solver’s Hazardous Materials Policy prior to shipping any hazardous materials or substances.
A DELIVERY PROFESSIONAL HAS THE RIGHT TO OPEN AND INSPECT ANY BOX AND MAY REFUSE TO PERFORM THE DELIVERY, OR TO INTERCEPT, HOLD, OR RETURN ANY ITEMS, WHEN, AMONG OTHER REASONS, THE DELIVERY PROFESSIONAL, IN HIS OR HER SOLE REASONABLE DISCRETION, DETERMINES THAT IT IS UNSAFE OR ECONOMICALLY OR OPERATIONALLY IMPRACTICABLE TO PERFORM THE DELIVERY, OR THAT THE SERVICE IS BEING USED IN VIOLATION OF FEDERAL, STATE, OR LOCAL LAW, OR FOR FRAUDULENT PURPOSES. THE SERVICE IS NOT INTENDED TO BE USED FOR THE DELIVERY OF ANY PROHIBITED GOODS AND REALTY SOLVER WILL COOPERATE FULLY WITH ANY LAW ENFORCEMENT INVESTIGATION REGARDING ANY PROHIBITED GOODS DELIVERED THROUGH USE OF THE SERVICE.
Fees. The base fee for each Delivery will be displayed to you on the Service and include expenses that may be incurred by the Delivery Professional in the normal course of completing your Delivery, including, without limitation, any tolls (collectively, “Base Fees”). The Delivery will begin when Delivery Professional heads to the Pick-up location and the Delivery will end once Delivery Professional has safely unloaded all cargo and confirmed the Base Fee is correct through the functionality provided via the Service. Realty Solver is not responsible for any incidents that occur after the Delivery is complete.
Payment. Unless otherwise agreed, Realty Solver accepts payment through our third-party payment processor. Base Fees are due immediately following the applicable Delivery Professional’s confirmation of accepting of your Cargo. If you cancel a delivery with more than 24 hours' notice before the delivery start time you will be charged a $25 fee. If you cancel a delivery with less than 24 hours' notice from the delivery start time you will be charged a 50% cancellation fee. These cancellation fees are designed to compensate delivery professionals for any time, pre-mature lost wages or gas spent toward meeting the obligations of the now-canceled delivery. ALL BASE FEES AND CANCELLATION FEES ARE NON-REFUNDABLE.
Insurance and Liability. Your maximum claim for damages of any or all Items to be delivered for a particular Delivery will be the lower of the declared value of the Items that you specified when requesting the Delivery or $40,000 (in aggregate) for any verifiable damage to the Items that occurred during performance of the applicable Delivery. If a delivery is to transport home goods as defined by the NMFTA are used, (used in this case would mean opened or unoriginal packaging for the cargo and/or transporting the cargo to/from a residential dwelling), Realty Solver will cover up to $.60/lb for the entire cargo shipment. New cargo (new in this scenario means unopened original packaging being transported from the original business the product was purchased at) will be covered at actual cash value. A misrepresentation after a loss as to a single material fact will forfeit the entire insurance contract. Once caught in a small fraud, Customer will not be entitled to payment for any part of the damage claim. Realty Solver will make commercially reasonable efforts to collect any money owed to Customers from Delivery Professional(s). Used items other than household goods will be reimbursed at the current depreciated value. In no event shall Carrier be liable for loss of profit, income, interest, attorney fees, or any special, incidental or consequential damages. As a condition precedent to recovery, a claim for any loss or damage must be filed in writing with Realty Solver within nine (9) months after delivery. Claims must be sent to realtysolverllc@gmail.com. If you or someone you designate, who is not an active Realty Solver Delivery Professional, assists in the delivery (including but not limited to loading, unloading, and moving) of the cargo that becomes damaged during a Delivery, the Delivery Professional will be responsible for only half of the damage claim amount related to replacing or repairing the damaged item(s) or property.
Undeliverable Items. Delivery Professionals will make commercially reasonable efforts to deliver Items for Customer. If Delivery Professional is unable to safely deliver Items to Customer’s selected destination the Delivery Professional will attempt to return items to the Customer’s chosen pickup location at the Customer’s expense. If Delivery Professional is unable to return item to the pickup location and Delivery Professional is forced to hold onto Customer’s Item then the Customer will be charged a storage fee of $100 per calendar day until the item is able to be delivered to Customer.
Payment Processor
1. Users make their contracts directly with Realty Solver. Fees (including Base Fees) for using the Service will be processed via Realty Solver's third-party payment processor. Our payment processor may require you to read and agree to its standard terms and conditions.
2. Realty Solver reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment, or (ii) refund, provide credits or arrange for our payment processor to do so. Users are liable for any taxes (including VAT, if applicable) required to be paid on their use of the Service or on any related payment received (other than taxes on Realty Solver’s income).
3. Realty Solver will authorize and place a hold on customer’s credit card at the time the order is received by Realty Solver. The authorized amount will be for a minimum of $100.00 or the higher end of the estimated delivery cost if the estimate is greater than $100.00.
Intellectual Property Rights
1. License. The Service is licensed, not sold, to you for use only under the terms of this T&C. Realty Solver reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this T&C, Realty Solver hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service.
2. Content. Except for User Content (as defined below), the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by Realty Solver or Realty Solver’s third-party licensors (the “Realty Solver Content”). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this T&C or permitted by the Service’s functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. Realty Solver solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.
3. Marks. The Realty Solver trademarks, service marks, and logos (the “Realty Solver Trademarks”) used and displayed on the Service are Realty Solver’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, with the Realty Solver Trademarks, the “Trademarks”). Nothing on the Service or in this T&C should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without Realty Solver’s prior express written consent for each individual use. You may not use the Trademarks to disparage Realty Solver or the applicable third-party, Realty Solver’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Realty Solver’s prior express written consent. All goodwill generated from the use of any Realty Solver Trademark will inure solely to Realty Solver’s benefit.
4. Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the Realty Solver Content or App, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Realty Solver Content in any way for any public purpose. The use or posting of any of the Realty Solver Content on any other website or in a networked computer environment for any purpose is expressly prohibited. In addition, you also may not attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If you violate any part of this T&C, then your right to access and/or use the Realty Solver Content and Service will automatically terminate and you must immediately destroy any copies you have made of the Realty Solver.
User Content.
1. Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, literary works, photographs, audiovisual works, artwork and any other work subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.
2. Screening User Content. Realty Solver offers users the ability to submit User Content to the Service. Realty Solver does not pre-screen any User Content but reserves the right to refuse or delete any User Content in its sole discretion. In addition, Realty Solver has the right, but not the obligation, in its sole discretion to refuse or delete any User Content that it reasonably considers violating this T&C or be otherwise illegal or inappropriate. Realty Solver does not guarantee the accuracy, integrity or quality of any User Content, and under no circumstances will Realty Solver be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed or otherwise transmitted via the Service.
3. Intellectual Property Rights. YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
4. Licenses to User Content. You hereby grant Realty Solver an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites (as defined below), and otherwise exploit and use (“Use”) all User Content you Post to or through the Service by any means, through any media and formats now known or hereafter developed, for the purpose of providing the Service as authorized by this T&C. You further grant Realty Solver a royalty-free license to use your username, image, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Realty Solver any User Content that you consider to be confidential or proprietary.
5. You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this T&C; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other third party’s rights; (iii) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party.
6. Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
7. Customer acknowledges and agrees that Professionals and Delivery Professionals engaged by Realty Solver may take photographs of the cargo delivered inside and/or outside the destination address(es) of a Delivery.
  1. Customer understands that these photographs may include images captured inside their home or business premises and may be used by Realty Solver for verification and proof-of-delivery purposes.
  2. While Realty Solver takes appropriate measures to maintain the privacy and security of its customers, Customer acknowledges that taking photographs inside their home or business carries a certain level of risk. Therefore, Customer agrees to hold Realty Solver harmless and releases it from any liability arising out of any inadvertent disclosure or misuse of such photographs.
  3. Customer acknowledges that the photographs taken by the Delivery Professionals are the sole property of Realty Solver and may be used for various purposes, including but not limited to, internal training, quality assurance, dispute resolution, or marketing materials. However, Customer’s personal information or identifiable details will be masked or anonymized to protect their privacy.
  4. Customer has the right to request deletion or removal of the photographs taken by the Delivery Professionals, provided that the request is made in writing to Realty Solver within a reasonable timeframe after the delivery. However, Customer understands that Realty Solver may retain such photographs for a certain period of time as required by law or for business purposes.
8. No Liability. For the avoidance of doubt, Realty Solver will not be liable for any unauthorized use of User Content by any other user or third party.
Restrictions on Use of the Service. In using the Service, you agree not to:
1. take any action that imposes an unreasonable load on the Service’s infrastructure;
2. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
3. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service;
4. alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
5. use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Realty Solver;
6. access, tamper with, or use non-public areas of the Service, Realty Solver’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Realty Solver’s providers;
7. harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Realty Solver employees;
8. provide any false personal information to Realty Solver;
9. create a false identity or impersonate another person or entity in any way;
10. restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;
11. gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
12. post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
13. interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
14. do anything that causes Realty Solver to violate any applicable federal, state, or local laws or regulations or the terms of this T&C; or
15. violate any applicable federal, state, or local laws or regulations or the terms of this T&C; or
16. assist or permit any persons in engaging in any of the activities described above.

5. External Sites.

The Service may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Realty Solver is not responsible for the content of any linked External Sites and makes no representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk.

6. Feedback.

We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending Realty Solver or our team any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. By sending Feedback to Realty Solver, you agree that:

Realty Solver has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and Realty Solver has no obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant Realty Solver perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

7. Dispute Resolution.

Generally. In the interest of resolving disputes between you and Realty Solver in the most expedient and cost effective manner, you and Realty Solver agree that any dispute arising out of or in any way related to this T&C or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this T&C or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this T&C. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS T&C, YOU AND REALTY SOLVER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this T&C will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Realty Solver will be governed by the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this T&C, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Realty Solver. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). Realty Solver’s address for Notice is: realtysolverllc@gmail.com. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Realty Solver may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Realty Solver must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Realty Solver will pay you the highest of the following: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by Realty Solver in settlement of the dispute prior to the arbitrator’s award.
Fees. If you commence arbitration in accordance with this T&C, Realty solver will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Sumter, South Carolina, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Realty Solver for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND REALTY SOLVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Realty Solver agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If Realty Solver makes any future change to this arbitration provision, other than a change to Realty Solver’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Realty Solver’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Realty Solver.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section 7 is found to be unenforceable, then the entirety of this Section 7 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this T&C or your use of the Service.
Choice of Law; Venue. This T&C will be governed and construed in accordance with the laws of the State of South Carolina, excluding its conflicts of law rules. For any lawsuit or court proceeding permitted under this T&C, you and Realty Solver agree to submit to the personal and exclusive jurisdiction and venue of the courts located in Sumter County, South Carolina.
Limitation of Liability and Disclaimer of Warranties.
1. TO THE FULLEST EXTENT PERMITTED BY LAW, REALTY SOLVER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “REALTY SOLVER PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE REALTY SOLVER PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.
2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REALTY SOLVER PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO REALTY SOLVER PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REALTY SOLVER PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
4. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY REALTY SOLVER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH REALTY SOLVER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REALTY SOLVER’S LIABILITY, AND THE LIABILITY OF ANY OTHER REALTY SOLVER PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
5. Realty solver is not responsible for the performance, actions, or inactions of any receiver, whether identified through the Service, in public, private, or offline interactions, or otherwise. Realty Solver does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any receiver, or the failure of any receiver to provide the services requested or payment required therefor, or for any other aspect whatsoever of an Item nor for the integrity, responsibility or any of the actions or omissions whatsoever of any receiver. Realty Solver does not have control over, and has no responsibility for, any damage to Items by the receiver. NEITHER REALTY SOLVER NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY RECIEVER OF OUR SERVICE AND REALTY SOLVER AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE RECEIVER'S USE OF THE SERVICE. BY USING THE SERVICE YOU THEREBY RELEASE REALTY SOLVER AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED TO ANY RECEIVER OF OUR SERVICE OR THE CONDUCT OR MISCONDUCT OF A RECEIVER.
6. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. REALTY SOLVER RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME. IN NO EVENT WILL THE REALTY SOLVER PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU AND RECEIVER IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH A DELIVERY. ALL USERS EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.

8. Third Party Disputes.

REALTY SOLVER IS NOT AFFILIATED WITH ANY THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE REALTY SOLVER PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

9. Indemnification.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Realty Solver Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this T&C, or your access to, use or misuse of the Realty Solver Content or Service. Realty Solver will notify you of any such claim, suit, or proceeding. Realty solver reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Realty Solver’s defense of such matter.

10. Termination of the T&C.

Realty Solver reserves the right, in its sole discretion, to restrict, suspend, or terminate this T&C and your access to all or any part of the Service at any time and for any reason without prior notice or liability. Realty Solver reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.

11. Consent to Electronic Communications.

By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

12. Miscellaneous.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Realty Solver as a result of this T&C or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Realty Solver other than pursuant to this T&C. If any provision of this T&C is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this T&C, which will remain in full force and effect. Realty Solver’s failure to act on or enforce any provision of this T&C will not be construed as a waiver of that provision or any other provision in this T&C. No waiver will be effective against Realty Solver unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Realty Solver and you, this T&C constitutes the entire agreement between you and Realty Solver with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import. This T&C will inure to the benefit of our successors and assigns. You may not assign this T&C or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior express written consent of Realty Solver. This means that in the event you dispose of any device on which you have used the Site, such as by sale or gift, you are responsible for deleting the content from your mobile device prior to such disposition. Realty Solver may assign this T&C, including all its rights hereunder, without restriction.

13. Contact Us.

If you would like to contact us in connection with your use of the Service, then please email: realtysolverllc@gmail.com.

14. Promotions.

Realty Solver may from time to time offer promotions, promo codes and/or discounts for first time users or as a reward for referrals. These rewards will come in the form of Realty Solver Credits that can be used to purchase Services on the Realty Solver platform only. Realty Solver Credits can be redeemed using the Realty Solver Website. The maximum Realty Solver Credits that can be redeemed per Delivery is $10.00. A valid Promo Code or Gift Card must be entered before the service is requested in order for the credits to be applied to a Service. Credits cannot be retroactively added to a Project that has already been scheduled. Credits earned using illegal or fraudulent methods will be null and void. Realty Solver Credits have a cash value of 1/100 of one cent. Realty olver reserves the right to cancel or suspend these Promotions at any time.

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