Terms and Conditions

RealtyNXT Terms of Service Introduction

Each time you access or use RealtyNXTs online and/or mobile services and website, including any RealtyNXT mobile application (collectively the “RealtyNXT Apps”) regardless of where it is downloaded from, and any software provided by or on behalf of RealtyNXT or in connection with such services or websites (collectively, the “Site”), (a) you represent that you have read and understood the Cookies Policy and the Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities:

  • RealtyNXT

  • RealtyNXT Jobs in Real Estate, and/or Any references to “RealtyNXT” or “we” in this Agreement shall mean the applicable entity as set forth above.

The Site is made available for use only by individuals searching for employment openings (“job seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or the behalf of others, including but not limited to agencies purchasing for multiple parties (“Employers”), and by individuals and/or organizations seeking to participate in the RealtyNXT Publisher Program (“Publishers”).  If you are accessing or using the Site in your capacity as an employee or another representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by RealtyNXT through the Site or otherwise made available to you by RealtyNXT. In particular:

  • If you access or use the RealtyNXT Ads Program, you are agreeing to be bound by the RealtyNXT Ads Program terms.

  • If you access or use the RealtyNXT Resume Program, you are agreeing to be bound by the RealtyNXT Resume Program terms.

  • If you access or use RealtyNXT Prime, you are agreeing to be bound by the RealtyNXT Prime terms.

  • If you access or use RealtyNXT Targeted Ads, you are agreeing to be bound by the RealtyNXT Targeted Ads terms.

  • If you access or use the RealtyNXT Publisher Program, you are agreeing to be bound by the RealtyNXT Publisher Program terms.

  • For all other uses of the Site, you are agreeing to be bound by the RealtyNXT General Terms of Service.

RealtyNXT General Terms of Service

Last Updated: June 1, 2018.

A. The following terms and conditions apply to all job seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.

 

1. The RealtyNXT Services

RealtyNXT may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through RealtyNXTs search results or otherwise through the Site. Job Listings are created and provided by third parties over whom RealtyNXT exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site is indexed or posted in an automated manner. RealtyNXT does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other users, including the identity of such employer or other users. RealtyNXT assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that RealtyNXT may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by RealtyNXT and are not a direct reflection of the actual Job Listing.

 

1(a) Notice to Users Applying to Jobs Through RealtyNXT: If you are a Job Seeker, any resume or application information that you submit through the Site is subject to this Agreement (including Section 4 below) and to RealtyNXTs Privacy Policy. Without limiting the foregoing, however, please note that by creating a public RealtyNXT Resume through the Site, you are requesting and authorizing RealtyNXT to make available your resume to any Employer that RealtyNXT believes may have an interest in your resume. By creating or uploading a RealtyNXT Resume, RealtyNXT may contact you to share Job Listings with you that match the contents of your RealtyNXT Resume. In addition, when you indicate your interest in a Job Listing through RealtyNXT Apply or by RSVPing to a hiring event (hereinafter, all references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with RealtyNXT”, “RSVP to hiring event” or any similar references are referred to as “RealtyNXT Apply”) you are requesting and authorizing RealtyNXT to reformat the job so that you may read it more clearly in your phone, you are sending your resume and application information to RealtyNXT, and you are requesting and authorizing RealtyNXT to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask RealtyNXT to transmit an application or a message to an Employer via RealtyNXT Apply or RealtyNXTs relay system or store such application, you understand that this is without warranty and that RealtyNXT reserves the right to reformat such application or message. RealtyNXT may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by RealtyNXT. Your standard calling rates with your phone provider will apply. RealtyNXT also does not guarantee that any Employer will receive, access, read or respond to any such resume or application material, or that there will be no mistakes in the transmission or storage of the data. However, RealtyNXT may alert you when any of the above events occur. RealtyNXT may also send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.

RealtyNXT may offer you the opportunity to receive a text message interview reminder from RealtyNXT when the Employer has scheduled interviews with you. In such an event you will enter your phone number on the RealtyNXT consent form and by entering your phone number you are representing and confirming it is your number and you have the right to accept text messages at the number. RealtyNXT will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone including messages sent by an automated telephone dialing system.

In addition, by using RealtyNXT, you agree that RealtyNXT is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments or their format or method of delivery and that RealtyNXT does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that RealtyNXT does not choose the questions asked by Employers or decide the job qualification criteria of Employers. If you require alternative methods of screening or application you must approach the Employer directly to request such as RealtyNXT is not responsible for the Employer application process.

By using RealtyNXT Apply and answering screener questions, you acknowledge that Employers may have instructed RealtyNXT to send out rejection notices if you have not answered the questions in a manner that the Employer so wishes, and you acknowledge that RealtyNXT has no discretion in the transmission of these rejections. When you apply to a job using the RealtyNXT Apply button, RealtyNXT will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot vouch for the validity of such contact information provided to us. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to Applicant Tracking Systems (ATSs). If you do not feel comfortable sending an application or messages in this manner or having your application or messages stored on RealtyNXT, do not use the RealtyNXT Apply or RealtyNXT relay functions and please send your application or messages directly to the Employer by whatever other methods you so choose. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through RealtyNXT being processed and analyzed by RealtyNXT according to this Agreement and RealtyNXTs Privacy Policy. RealtyNXT shall store such information regardless of whether a job vacancy has been filled. RealtyNXT may use your application materials (including public resumes and responses to screener questions) to determine whether you may be interested in a job listing, and RealtyNXT may reach out to you about such job listing. RealtyNXT does not guarantee the identity of an Employer or any individuals working for any Employers and cautions job seekers when applying to jobs. RealtyNXT does not guarantee the validity of a job offer and cautions job seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. job seekers are solely responsible for verifying the accuracy of any Employer or job offer.

 

1(b) If you are an Employer, when you create an RealtyNXT account, a Career Page or post a Job Listing on the Site, whether as part of the RealtyNXT Ads Program or otherwise, you agree that this Agreement and all of the RealtyNXTs policies, including the RealtyNXT Privacy Policy and Cookie Policy, apply to you and to the job seekers using such Career Page or indicating an interest in such Job Listings.  Specifically, when you create a RealtyNXT account, RealtyNXT may require that you verify your identity through a third party service called NetVerify. By using NetVerify, you are submitting your identification documents for verification directly to NetVerify, you are agreeing to share your identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of data. RealtyNXT may have access to your identification documents via NetVerify. You also agree that, as a service to job seekers, RealtyNXT may activate its RealtyNXT Apply relay function for use in connection with such Job Listing, and that any job seekers who wish to indicate an interest in such Job Listing may only do so through RealtyNXT Apply, and that RealtyNXT will send applications to the email address you provide us with. When you use the RealtyNXT Apply relay function, you acknowledge and agree that RealtyNXT may add certain functions into the email, which allows you to take actions regarding the job seeker including setting up an interview, viewing a resume and rejecting a candidate, and that you consent to RealtyNXT monitoring and analyzing these actions. When using the RealtyNXT Apply function, RealtyNXT will attempt to send applications to the contact information provided to RealtyNXT by you, the Employer. RealtyNXT has no ability to verify the contact information provided by You. In the event You provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such job seekers, and you indemnify RealtyNXT for any damages resulting therefrom. In addition, RealtyNXT may, on your behalf, send out reminder emails to job seekers you wish to interview. RealtyNXT may also send emails to job seekers on your behalf indicating that your Job Listing is potentially a match for the job seeker’s resume. RealtyNXT is not responsible for the content of your emails, application form, screener questions or their format, and disclaims all liability for such content, including as to whether such content is legal. RealtyNXT further does not guarantee delivery, your receipt of the job seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. In the event a message being sent is intended for a closed account, these messages will not be deliverable. When you use screener questions, you may be given the option to instruct RealtyNXT to send out rejection notices if the job seeker has not answered the questions in the manner set forth in the online instruction. If you choose such an option, you agree you are instructing us to send out rejection notices to such candidates and set them to reject in your Employer dashboard. You further acknowledge that RealtyNXT has no discretion in the transmission or storage of these rejections (which is purely mechanical), that transmission or storage is not guaranteed, and that the job seeker may not have answered the screener questions accurately. You agree that RealtyNXT may take action to try to identify and reduce spam applications and that one method of doing so may include imposing a cover letter requirement for such applicants. RealtyNXT does not verify the identity of any job seekers who apply to your job listing, nor does RealtyNXT know a job seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the job seeker’s qualifications or interest in your job listing. You agree that RealtyNXT Apply is presented to you without warranty and RealtyNXT assumes no responsibility for the communications between you and the job seeker, which communications are yours’ and the job seekers’ sole responsibility. If you do not feel comfortable contacting a job seeker through Realty NXT's relay functions, do not use the RealtyNXT relay functions and please contact the job seeker via the personal information provided in such job seeker’s resume or application or by whatever method you so choose. By using any automated phone screen product, you agree that you are requesting RealtyNXT to send a job seeker a telephone number, which the job seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by RealtyNXT. You also agree that you are only asking RealtyNXT to record the job seeker’s answers to your screening questions and that RealtyNXT will forward you the recording of the answers to your questions. You consent to RealtyNXT listening to and analyzing the recording in accordance with Realty NXT's Privacy Policy. When you respond to or contact a job seeker who has used RealtyNXT Resume or RealtyNXT Apply, you are providing information to RealtyNXT and requesting and authorizing us to make available such information to the applicable job seeker. Additionally, you consent to job seekers’ applications and any responses sent by you (including offer letters) through RealtyNXT being processed and analyzed by RealtyNXT according to this Agreement and Realty NXT's Privacy Policy. RealtyNXT shall store such information regardless of whether a job vacancy has been filled. You are responsible for the contents of any Career Page that you create, any Job Listings that you post, and any messages that you send through RealtyNXT Apply or otherwise, including any questions for job seekers. You agree that RealtyNXT may reject or remove any Job Listing, any part of any Career Page, or any questions for job seekers for any or no reason. You shall indemnify, defend and hold harmless RealtyNXT, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Career Page created by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for job seekers contained in any of the foregoing). RealtyNXT may provide analytics data regarding your Employer account to anyone at your company at the discretion of RealtyNXT. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any RealtyNXT product, RealtyNXT reserves the right to suspend or terminate your use of that RealtyNXT product as well as any other RealtyNXT product, including but not limited to those RealtyNXT products where you do not have an unpaid invoice or account balance.

 

1(c) Regardless of whether you are an Employer or job seeker, when you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, RealtyNXT may, for example, use such materials for data analysis, quality control, or to refine the Site or any other RealtyNXT product or service (including to provide better search results and other listings for job seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site, RealtyNXT may also inform a job seeker that an Employer has taken an action with regards to a job seeker’s resume or application such as opening the resume or application, viewing the resume or application and making a decision with regards to the application, and you hereby consent to RealtyNXT taking such actions. RealtyNXT assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact RealtyNXT to do so.

 

1(d) Regardless of whether you are an Employer or job seeker, RealtyNXT may use application materials (including resumes and responses to screener questions) and the recency of your activity on RealtyNXT to determine whether the words of any job seeker’s resume and answers to screener questions match the words of a Job Listing or resume query, and vice-versa. Regardless of whether you are an Employer or job seeker, you agree and consent that RealtyNXT may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. RealtyNXT may also use such information in order to improve the Site or any other RealtyNXT product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to job seekers and Employers).

 

1(e) Regardless of whether you are an Employer or job seeker, RealtyNXT may provide certain categories of information to you for informational purposes only. For example, RealtyNXT may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer.  These figures provided by RealtyNXT are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are an Employer participating in the RealtyNXT Ads Program, please note that this is not the information you are purchasing from RealtyNXT and you are not charged per application. RealtyNXT may also include salary estimates on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third-party submissions to RealtyNXT. These figures are given to RealtyNXT users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

 

1(f) Regardless of whether you are an Employer or job seeker, RealtyNXT may provide certain types of career-related or hiring-related information on its Site. All information contained in any RealtyNXT career or hiring guide is for informational purposes only and is in no way to be construed as professional career counseling or staffing services. You understand that RealtyNXT may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, RealtyNXT is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides. As a user of the Site, RealtyNXT may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.

 

1(g) Regardless of whether you are an Employer or job seeker, RealtyNXT may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. RealtyNXT may match a job seeker’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such job seeker would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event RealtyNXT determines that a job seeker matches the Employer’s hiring criteria, RealtyNXT may connect such matching job seeker and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a job seeker taken directly from the job seeker’s responses to the questionnaire. In all events, you will know what data we are providing to either a job seeker or Employer or upon which we relied to make the match because you have actively submitted it. If the Employer and job seeker express interest in each other, you agree RealtyNXT may provide the Employer with an email address for the job seeker either provided by RealtyNXT or the job seeker and, if you are a job seeker, you consent to this. Regardless of whether you are an Employer or job seeker, by submitting the completed questionnaire, you agree and consent to RealtyNXT (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching job seekers to Employers, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires.

 

New: 1(h) If you are a job seeker, you take a variety of actions on our Site. For example, you search for jobs, and RealtyNXT knows and stores the titles of jobs you search for and click on, where those jobs are located, any information, including salary interest or experience of which you have informed RealtyNXT, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on RealtyNXT, or any of your other behavior on the RealtyNXT site, when you use RealtyNXT. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have a RealtyNXT account or a RealtyNXT-hosted resume, you agree that RealtyNXT may use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on RealtyNXT. You also agree that RealtyNXT may contact you based on this observed behavior for Employers or for RealtyNXT itself. Please note, although information may be sent to you by a third party through the RealtyNXT system, the aforementioned behavior does not include information related to you. However, RealtyNXT may publicly display the fact that you have recently used the RealtyNXT Site or the fact that you have recently used the RealtyNXT system to correspond with a third party. In addition, if you are located in the United States and you set your resume as ‘public’, this means that RealtyNXT may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set your resume to private.

 

1(i) If you are a job seeker, please note that RealtyNXT may automatically send you recommended jobs via the email address you use to create a RealtyNXT account or apply to a job. RealtyNXT may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through RealtyNXT.

 

1(j) The RealtyNXT Express Plan is governed by the terms and conditions found in the RealtyNXT Ads Program terms below, with the exception of any billing terms contained in Section 5. Payment. If you have chosen to activate the RealtyNXT Express Plan, please note that you will only be charged the amount listed on the Express Plan page in the Post a Job funnel on the Site (“Express Plan Page”) if you receive the number of qualified applicants described on the Express Plan Page, in the amount of time listed on the Express Plan Page. A Qualified Applicant is defined as an applicant whose answers to the application questions you configure meet your defined requirements. In order to activate this plan, you must configure at least one application question. Once you have activated an Express Plan, you may pause or cancel your job at any time. Once you have received the number of Qualified Applicants listed on the Express Plan Page, your job may be automatically paused. After the amount of time listed on the Express Plan Page has passed, if you reactivate your job, it will be governed by the entirety of the RealtyNXT Ads Program terms.

 

1(k) Screening Tools:  RealtyNXT may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and employee assessments. RealtyNXT is licensing these tools to you for your use as you determine. By using any screening product, made available to you by RealtyNXT, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by RealtyNXT.  You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. RealtyNXT does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You the Employer agree to indemnify RealtyNXT for any and all claims arising out of an Employer’s  use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a “disparate impact”.

 

1(l) Regardless of whether you are a job seeker or an Employer, any emails or email notifications corresponding with any actions you take on the Site through the RealtyNXT Apply process are provided solely as a courtesy. RealtyNXT disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are an Employer and you posted a Job Listing directly on RealtyNXT, applications are sent only to your RealtyNXT dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a job seeker has not answered screener questions correctly, although these applications will be sent to your RealtyNXT dashboard.

 

1(m) RealtyNXT may offer beta test products which have different pricing models for posting your Job Listing, including but not limited to payment for candidates you deem to be qualified.  These beta test products may be offered in limited quantities, in limited locations, and for limited job categories in order to gauge interest. The current offering is in two locations within the Austin area (Georgetown, TX and San Marcos, TX) for Senior Staff Nurse and Dental Nurse jobs. If you purchase the beta test product in which you receive a certain number of qualified candidates for a price, please note that any “money back” offer requires that you notify RealtyNXT within thirty days that the candidates you receive do not meet your qualifications.  RealtyNXT reserves the right to offer “money back” either via a refund or simply not invoicing you for payment. RealtyNXT further reserves the right to change the terms or parameters of any beta test product at any time.

 

1(n) If you are a job seeker in India or Brazil, RealtyNXT may provide limited applicant screening and filtering services to Employers that request that RealtyNXT performs this processing on their behalf.

 

1(o) When you post a Job Ad directly on RealtyNXT, RealtyNXT may automatically generate for you a Company Page. You authorize RealtyNXT to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, RealtyNXT may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on RealtyNXT as well as those indexed by RealtyNXT. You agree that you are solely responsible for any content you put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. RealtyNXT may additionally offer RealtyNXT Company Pages Premium, which includes certain features accessible only on a subscription basis and will be charged as indicated in an insertion order. RealtyNXT reserves the right to change or remove these features at any time, in RealtyNXTs sole discretion. Additionally, these features may include analytics or other figures, which RealtyNXT does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose.

 

2. External Sites

The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that RealtyNXT is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.

In addition, RealtyNXT may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not RealtyNXT.

Specifically, RealtyNXT may provide you with access to a link on RealtyNXT to GoodHire’s background check services. If you choose to use this link and these services, you are contracting directly with GoodHire and RealtyNXT is not a party to this contract. If you choose to order a GoodHire background report, either on yourself if you are a Jobseeker or on a candidate if you are an Employer, please note (and you acknowledge) that RealtyNXT cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by GoodHire to you or to any GoodHire client. RealtyNXT operates solely as a technical conduit, allowing the transmission of background checks sent by GoodHire to you. Further, you agree to fully indemnify and defend RealtyNXT for any claims arising out of your use of GoodHire’s services or a background check provided to you by GoodHire.

If you are a candidate and an Employer using RealtyNXT requests that you conduct a background check through GoodHire or any other background check service, and you grant such permission, please note you are contracting directly with your prospective Employer and GoodHire. RealtyNXT is not a party to this contract. If you choose to allow an Employer to allow GoodHire (or any other party) to conduct a background report for you, please note (and you acknowledge) that RealtyNXT cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by GoodHire to any Employer. RealtyNXT operates solely as a technical conduit, allowing a link for the transmission of background checks sent by GoodHire to the Employer but has no part in the assembly of this report. Further, you agree to fully indemnify and defend RealtyNXT for any claims arising out of your agreement to allow a background check to be conducted by GoodHire or any background check company.

If you are a job seeker and you conduct a background check on yourself through GoodHire or any other background check service, please note you are contracting directly with GoodHire. RealtyNXT is not a party to this contract. If you choose to allow GoodHire (or any other party) to conduct a background check report on you, please note (and you acknowledge) that RealtyNXT cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by GoodHire. RealtyNXT operates solely as a technical conduit, allowing you to conduct a background check on yourself through GoodHire, but has no part in the assembly of this report. Further, GoodHire may provide you a link for the transmission of the background check to an Employer, and RealtyNXT has no access to this link or your transmission of the link. Finally, if you access a self-conducted background check on GoodHire through RealtyNXT, you acknowledge and agree that the fact that you have completed such background check will appear on your RealtyNXT profile, including but not limited to the date on which you completed such background check. You agree to fully indemnify and defend RealtyNXT for any claims arising out of your agreement to allow a background check to be conducted by GoodHire or any background check company.

 

3. Use of Site

You are not permitted to use RealtyNXTs Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. RealtyNXT reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase RealtyNXT services that utilize the Site, you must have a prior written agreement with RealtyNXT to do so, or have accepted RealtyNXTs online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

 

4. User Content

Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. RealtyNXT does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Certain elements of RealtyNXT job search results pages may appear to be content produced by RealtyNXT but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that RealtyNXT shall have no liability with respect to such content.

You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. RealtyNXT may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. RealtyNXT reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

Although RealtyNXT has no obligation to do so, RealtyNXT may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in RealtyNXTs sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial messages, or that RealtyNXT deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact RealtyNXT immediately so that we may have the opportunity to consider its removal. For clarity, RealtyNXT does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any RealtyNXT policy will always remain within the sole discretion of RealtyNXT.

RealtyNXT reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that RealtyNXT may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on RealtyNXT that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.

Without limiting the generality of the foregoing, RealtyNXT reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against job seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only job seekers matching certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of job seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminates against job seekers or otherwise violates applicable law.

Please note: Section 230 of the U.S. Communications Decency Act provides that:

(1) Treatment of publisher or speaker

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

(2) Civil liability

No provider or user of an interactive computer service shall be held liable on account of-

(A) any action voluntarily was taken in good faith to restrict access to or availability of material that the provider or user considers being obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or

(B) any action is taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

 

5. License to User Content and Feedback

Only to the extent permitted by law, if you post content or submit material to RealtyNXT, including but not limited to photographs or material you submit for a job solicitation hosted on RealtyNXT, you grant RealtyNXT a non-exclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licenses) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the RealtyNXT website or its publisher partners, maintaining the RealtyNXT website and promoting RealtyNXT without restriction. Furthermore, you grant to RealtyNXT, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any such User Content or RealtyNXT marketing materials, or actions by RealtyNXT to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to RealtyNXT for association with a particular Job Listing, RealtyNXT shall not post such content anywhere other than the Employer(s)’s Job Listing.

You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless RealtyNXT and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow RealtyNXT to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact RealtyNXT for more details.

At your discretion, you may provide feedback and related materials to RealtyNXT concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to RealtyNXT a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that RealtyNXT may disclose any or all Feedback to any third party in any manner, and you agree that RealtyNXT may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place RealtyNXT under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, RealtyNXT does not waive any rights to use similar or related ideas previously known to RealtyNXT, or developed by its employees, or obtained from sources other than you.

Finally, if you are a member of RealtyNXT Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of RealtyNXT, working for RealtyNXT, or in any form of co-employment or contractor relationship with RealtyNXT. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and RealtyNXT, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, RealtyNXT may remove you from RealtyNXT Academy in its sole discretion.

 

6. Site Rules

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by RealtyNXT unless you have been specifically allowed to do so in a separate, written agreement with RealtyNXT. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with RealtyNXT, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that RealtyNXT has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which RealtyNXT may suffer) of any such breach.

You agree that you shall not transmit to RealtyNXT or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

  • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:

    • sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;

    • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

    • data mining of any RealtyNXT property;

    • sending messages to users who have asked not to be contacted;

    • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and

    • using RealtyNXT Resume contacts in violation of RealtyNXT policy, as determined by RealtyNXT, including, for example, as indicated by low response rates from those persons contacted.

  • Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. RealtyNXT may block the transmission of such content.

  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.

  • Conduct or forward pyramid schemes or similar programs.

  • Transmit content that may be harmful to minors.

  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.

  • Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from RealtyNXT.

  • Violate the legal rights (such as rights of privacy and publicity) of others.

  • Promote or encourage illegal activity.

  • Interfere with other RealtyNXT user's’ enjoyment of the Site.

  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.

  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any RealtyNXT account.

  • Modify, adapt, translate, or reverse engineer any portion of the Site.

  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.

  • Reformat or frame any portion of the web pages that are part of the Site without RealtyNXT’s explicit written permission.

  • Contact other RealtyNXT users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics considered by RealtyNXT detrimental to its users.

  • Create multiple RealtyNXT accounts without permission.

  • Create multiple RealtyNXT accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.

  • Bypass any limitations or suspensions of functionality.

  • Provide false information.

  • Scrape the RealtyNXT Resume database

  • Scrape or otherwise replicate any RealtyNXT content for competitive purposes

RealtyNXT reserves the right to use any User Content (including the content of messages or material sent through or to the Site or RealtyNXT) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. RealtyNXT reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you consent to RealtyNXT enforcing these rules or attempting to prevent spam or anomalous activity, which may result in a temporary or permanent suspension or termination of your account or use of certain functions of the Site, including but not limited to the email relay function, for some users, with or without notice, and RealtyNXT shall not be responsible or liable for any such suspension or termination, including any consequences thereof. RealtyNXT reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. RealtyNXT further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming RealtyNXT or its users, or otherwise conducting fraudulent activity on RealtyNXT by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to RealtyNXT. RealtyNXT reserves the right to turn over any information gathered via such investigations to the police or other third parties if RealtyNXT has a good faith belief that you are using the Site in violation of these terms.

 

7. Registration, Contact Information

Some areas of the Site, including areas that may permit you to set up a RealtyNXT account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your RealtyNXT account may receive access to information regarding your RealtyNXT account. If you are an Employer, your account is for business use and not for personal use.  RealtyNXT is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a RealtyNXT account, you agree to receive mandatory email updates regarding anomalous activity to your RealtyNXT account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) may be given the option to give these other users certain levels of access and functionality (“Roles”) within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to RealtyNXT that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless RealtyNXT from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that RealtyNXT assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts and billing information, and you consent to such access.

We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.

You agree that RealtyNXT may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your RealtyNXT account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to RealtyNXT or that RealtyNXT may otherwise obtain from third-party sources. By providing RealtyNXT with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give RealtyNXT a mobile number and consent to receive communication, such communications are inherent to the services you have signed up for, and you may not revoke such consent without discontinuing use of RealtyNXT’s services.

 

8. Disclaimer of Warranties

RealtyNXT disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the RealtyNXT search results (including Jobs Listings) or otherwise made available on the Site by RealtyNXT or third parties (including User Content), regardless of whether paid for or used for free. RealtyNXT disclaims any responsibility or liability for the accuracy, content, completeness or reliability of the information provided by RealtyNXT for informational purposes only, including but not limited to, RealtyNXT Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying RealtyNXT for the aforementioned information. RealtyNXT disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). RealtyNXT further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall RealtyNXT be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall RealtyNXT be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from RealtyNXT’s Site.

RealtyNXT further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by RealtyNXT as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services.  Under no circumstances will RealtyNXT be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

 

The site, and all materials, information, advice, job listings, career guide, user content, products and services available on or through the site are provided ‘as is’, with no warranties whatsoever, either express or implied. RealtyNXT  and its affiliates, and its and their third-party licensors, expressly disclaim to the fullest extent permitted by law all warranties, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. RealtyNXT and its affiliates, and its and their third-party licensors, expressly disclaim any warranties regarding the security, reliability, timeliness, and performance of the site, and all materials, information, advice, job listings, user content, products and services available on or through the site. RealtyNXT and its affiliates, and its and their third-party licensors, expressly disclaim any warranties for services or goods received through or advertised on the site or received through any links made available by RealtyNXT.

 

You understand and agree that you download or otherwise obtain material or fata through the use of the site at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from downloading or obtaining any such material or data.

 

9. Limitation of Liability

 

Under no circumstances shall RealtyNXT or its affiliates, or its or their third-party licensors, be liable to any user on account of that user’s use or misuse of or reliance on the site. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), indemnity, or otherwise, even if RealtyNXT or its affiliates, or its or their third-party licensors, have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any remedy. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the site, from reliance or damage caused by information posted on the site, from inability to use the site, or from the interruption, suspension, or termination of the site (including such damages incurred by third parties.) This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the site or received through any links made available on the site. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the site or any information or merchandise that appears on or is linked or related in any way to, the site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the fullest extent permitted by law. To the extent permitted by law, the maximum aggregate liability of RealtyNXT and its affiliates, and its and their third-party licensors, for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be limited to the amount you paid RealtyNXT to use the site.

 

Without limiting the foregoing, under no circumstances shall RealtyNXT or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

 

10. Claims of Infringement

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by RealtyNXT infringe your copyright, you (or your agent) may send us a notice requesting the removal of the material, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works);

(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow RealtyNXT to locate the material on the site;

(d) the name, address, telephone number, and email address (if available) of the complaining party;

(e) 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; and

(f) 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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send RealtyNXT a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to RealtyNXT Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ RealtyNXT.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.

 

11. Governing Law and Dispute Resolution

If you are a job seeker: this Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of the  Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A. if you are located in the United States, or Dublin, Ireland if you are located elsewhere. Each of the Parties hereby consents to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

If you are an Employer: this Agreement and any Dispute arising out of or in connection with this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of England and Wales if you are supported primarily by RealtyNXTs UK office; or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by RealtyNXTs UK office; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by RealtyNXTs UK office; or Dublin, Ireland, if you are located elsewhere.

If you are neither a job seeker or Employer as defined in this Agreement and are not using the Site as intended by RealtyNXT, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Travis County, Texas, U.S.A.

 

12. Class Action Waiver

By using the Site and in return for the services offered by RealtyNXT, you acknowledge that RealtyNXT can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or job seeker) agree not to sue RealtyNXT as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against RealtyNXT regarding your use of the Site. Additionally, as a job seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to section 11 above.

 

13. Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

 

14. Information or Complaints

If you have a question or complaint regarding the Site, please use our RealtyNXT Help Center. When you use the RealtyNXT Help Center, you are accessing a third party site Zendesk and consent to receiving cookies from Zendesk, as set forth in their cookie policy. Please note that communications within Zendesk will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. 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.

 

15. Miscellaneous

This Agreement (including the RealtyNXT Ads Program Terms, RealtyNXT Resume Program Terms, RealtyNXT Prime Terms and RealtyNXT Targeted Ads Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the RealtyNXT Ads Program Terms, RealtyNXT Resume Program Terms, RealtyNXT Prime Terms and RealtyNXT Targeted Ads Terms (if applicable to you), the RealtyNXT Ads Program Terms, RealtyNXT Resume Program Terms, RealtyNXT Prime Terms and RealtyNXT Targeted Ads Terms will govern with respect to the RealtyNXT Ads Program, RealtyNXT Resume Program, RealtyNXT Prime and RealtyNXT Targeted Ads, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by RealtyNXT. This Agreement, together with any amendments and any additional agreements you may enter into with RealtyNXT in connection with the Site, shall constitute the entire agreement between you and RealtyNXT concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and a RealtyNXT employee shall not constitute an amendment or alteration of this Agreement.

By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of RealtyNXTs proprietary rights in them.

You understand and acknowledge that RealtyNXT or its affiliates, or its or their licensors, own all the right title and interest to the Site and all proprietary rights associated therewith. RealtyNXT reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same RealtyNXT party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable RealtyNXT party identified in the first paragraph of this Agreement with respect to such new territory.

Any notices to RealtyNXT must be sent to the applicable RealtyNXT entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., RealtyNXT Ads Program, RealtyNXT Resume Program, or RealtyNXT Publisher Program). The notice may be effected to you by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your RealtyNXT Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without RealtyNXT’s prior written consent and any such attempt is void. RealtyNXT may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, RealtyNXT may assign any agreement between you and RealtyNXT to any related RealtyNXT entity by informing you of such assignment. RealtyNXT and you are not legal partners or agents but are independent contractors.

 

16. Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to RealtyNXT in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, RealtyNXT’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

 

17. The RealtyNXT Apps

By using any of the RealtyNXT Apps, including but not limited to the RealtyNXT Job Search, RealtyNXT Resume Search, RealtyNXT Employer, RealtyNXT Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the RealtyNXT App.  Additionally, you agree that the RealtyNXT App may send you the push notifications if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the RealtyNXT App, you are asking RealtyNXT to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your RealtyNXT Resume.  You further acknowledge that your use of the RealtyNXT Apps may require the use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the RealtyNXT App, and RealtyNXT disclaims all responsibility for such data usage. In addition, if you allow RealtyNXT Apps to utilize location services, the RealtyNXT Apps may suggest to you and collect from you certain information based on your geographic location.

 

18. Use of Site by Minors

The Site is not for use by anyone under the age of 16. To use the Site you agree that you must be the minimum age (described in this paragraph below) or older.

The minimum age for these purposes shall be 16, however, if local laws require that you must be older in order for RealtyNXT to lawfully provide the services in the Site to you then that older age shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use RealtyNXT under the supervision of your parent, legal guardian or responsible adult. RealtyNXT adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ RealtyNXT.com (remove spaces when sending email).

 

B. RealtyNXT Resume/CV Program Terms

Last Updated: June 1, 2018

These RealtyNXT Resume Program Terms or RealtyNXT CV Program Terms (collectively, “IRP Terms”) form a part of, and are incorporated into, the RealtyNXT Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the RealtyNXT Resume Program, or that otherwise indicates its acceptance of these RealtyNXT Resume Program Terms.

Any capitalized terms that are used but not defined in these IRP Terms have the meaning set forth in the Agreement.

 

1. The Program

 

Use of the RealtyNXT Resume Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable RealtyNXT best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription purchase page, and on the FAQ page for the country you are purchasing a subscription for (which may be found here for users in the United States, here for English-speaking users in Canada, here for French-speaking users in Canada, and here for users in the United Kingdom), any or all of which may be modified at any time. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through RealtyNXT, for purposes of filling your Job Listings. You are expressly forbidden from using any product or system intended to extract the information from a resume, in order to circumvent the resume contact system. Use of such a system will result in your immediate termination from the Program. In addition, as a feature of the IRP, RealtyNXT may send emails to job seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume.

 

IMPORTANT NOTICE: You expressly agree that: in purchasing or obtaining access to the Program, you are paying RealtyNXT the amount indicated on the Site for the purpose of RealtyNXT facilitating your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to RealtyNXT. RealtyNXT does not guarantee that the email address is still in use, that such message will be received, that such message will be read, that such message will be acted upon by any potential Resume Owner, or that any Resume Owner’s resume is valid, accurate or complete in any respect. In addition, in accord with the Agreement, you expressly agree that RealtyNXT does not allow its resume Contact service to be used in a spam-like manner, which RealtyNXT defines as sending requests for job positions to persons who are, as indicated by RealtyNXT experience and Resume Owner behavior and reaction, unsuited for the role. RealtyNXT reserves the right to disable RealtyNXT Resume contact service for any user who, in RealtyNXT’s sole discretion, violates these IRP Terms, including the foregoing term. We reserve the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. The only acceptable use of the IRP is for you to contact a Resume Owner through RealtyNXT regarding a Job Listing or potential employment. No other uses of the IRP are permitted. Scraping the RealtyNXT resume database or using the RealtyNXT Resume database for any other purpose except as allowed will result in legal action being taken against you. Additionally, if you are a competitor of RealtyNXT (including but not limited to any job aggregation website or any job posting websites) you may not use the RealtyNXT Resume database to contact a Resume Owner for the purpose of sending them a job offer from your clients, and any such competitive use of the RealtyNXT Resume database may result in RealtyNXT blocking you from the Site, blocking you from contacting RealtyNXT Resume Owners, and blocking your contact emails to those resume owners without notice and you consent to the same.

In the event phone numbers are provided by the Job Seeker in the resume, RealtyNXT does not guarantee their validity and cannot confirm whether such numbers are landlines or cell phones. You agree to call job seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, including laws against automated telephone dialing systems.

 

2. Cancellation

Once you have requested that RealtyNXT contact a Resume Owner, you may not revoke such request. Cancellation of your use of the IRP shall be in accordance with any cancellation policies listed on the Site.

 

3. Your Information

You represent and warrant that all information you provide to RealtyNXT is correct and current. You represent to RealtyNXT that you are an Employer interested in considering the Resume Owner as a potential employee.

 

4. Disclaimer and Limitation of Liability

Realty nxt's provision of the program and the site is provided on an “as is” and “as available” basis. With respect to the program and your use thereof, RealtyNXT and its affiliates, and its and their third-party licensors, expressly disclaim all warranties, express or implied, including without limitation any warranty that any email address that has been provided to RealtyNXT is valid, that any email sent by RealtyNXT at your request will reach the intended recipient, that any intended recipient of any such email will read such email, or that any such intended recipient will act upon such email, or that any such intended recipient will act upon such email. RealtyNXT and its affiliates, and its and their third-party licensors, expressly disclaim all other warranties including without limitation for non-infringement, merchantability and fitness for any purpose. Except for amounts payable pursuant to section

Hereunder and for any breach by you section , to the fullest extent permitted by law: (a) neither party will be liable under these IRP terms for any consequential, special, indirect, exemplary, punitive, or other damages whether in contract, tort or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy; and (b) each party’s aggregate liability to the other under these IRP terms is limited to amounts paid or payable to RealtyNXT by you for the RealtyNXT resume service giving rise to the claim.

 

5. Payment

You shall be charged if, and as, indicated by the Site. Please note, RealtyNXT is changing its pricing plan for the Program in early 2018. If you currently pay for the Program on a per contact basis, beginning in early 2018 you will need to purchase a resume subscription plan to continue contacting Resume Owners. Details regarding the resume subscription plan will be available on the Site at the time the resume subscription plan becomes available in your market. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to RealtyNXT’s discretion. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees RealtyNXT incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply to the import of all RealtyNXT products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE RESUME SUBSCRIPTION PLAN. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of RealtyNXT and only in the form of credit for RealtyNXT services. You acknowledge and agree that any credit card and related billing and payment information that you provide to RealtyNXT may be shared by RealtyNXT with companies who work on RealtyNXT’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to RealtyNXT and servicing your account. RealtyNXT may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. RealtyNXT shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and RealtyNXT shall have no liability whatsoever, therefore. Invoices may be provided to you via electronic mail unless otherwise specified by RealtyNXT. If you purchase a subscription plan, you acknowledge and agree that RealtyNXT will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.

 

6. Indemnification

You shall indemnify, defend and hold harmless RealtyNXT, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRP Terms, or any phone call or text message you make to a recipient.

C. RealtyNXT Ads Program Terms

These RealtyNXT Ads Program Terms (“IAP Terms”) form a part of, and are incorporated into, the RealtyNXT Terms of Service (the “Agreement”), and apply to any Employer who accesses or uses the RealtyNXT Ads Program, or who otherwise indicates its acceptance of these RealtyNXT Ads Program Terms.

Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.

 

1. The Program

Use of the RealtyNXT Ads Program (“Program”) on or through the Site is subject to all applicable RealtyNXT terms and policies, including without limitation the RealtyNXT Privacy Policy (http://www.RealtyNXT.com/legal#privacy) and those instructions provided on the Website, if you are using the Ads Program, through our online forms. RealtyNXT policies may be modified at any time. With regards to any job advertisements posted on RealtyNXT, either for payment or posted for free and including jobs provided to RealtyNXT via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content (including Job Listings and screener questions) and target URLs (“Creative”), whether generated by or for you, including but not limited to photograph(s) you provide to RealtyNXT; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Job Ads may be placed on (y) any content or property provided by RealtyNXT (“RealtyNXT Property”), and (z) any other content or property provided by a third party (“Partner”) upon which RealtyNXT places Job Ads or provides search results of Job Listings (“Partner Property”). Distribution within RealtyNXT’s Partner Properties does not guarantee performance or placement of Job Ads, and distribution may vary depending on demand, industry, sponsorship, and other considerations. You shall direct only to RealtyNXT any communications regarding Job Ads on Partner Properties. By posting or sponsoring a Job Ad on RealtyNXT, including but not limited to by XML feed: you agree that RealtyNXT may and authorize RealtyNXT to reformat and host (but not change the content of) the Job Ad on a RealtyNXT hosted page or in its publisher network in any way RealtyNXT sees fit. All dashboards will reflect the total click count, including the clicks that open a RealtyNXT reformatted or hosted page. In the event you provide RealtyNXT with an End Date beyond which your Job Ad shall not run, thirty days before such End Date RealtyNXT may add a label (such as “Urgent”, “Urgently Hiring” or similar) next to the word “Sponsored” on the search results page where your Job Ad is displayed. RealtyNXT may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Sponsored”, “Urgent” or similar) to constitute an advertisement on RealtyNXT. Job Ads posted directly on RealtyNXT may no longer appear on the Site after a certain period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by RealtyNXT will expire after a certain period of time and RealtyNXT is unable to restore their visibility. If you are a RealtyNXT agency partner, you may be eligible to participate in a RealtyNXT partnership program. Agency partners in this program may attain the rank of “Gold”, “Silver”, or “Bronze” based on their RealtyNXT usage and engagement, measured by revenue. RealtyNXTs determination of an agency’s rank is made at its full discretion full discretion and may be revoked at any time. RealtyNXT may offer certain Employers who sponsor Job Ads the opportunity to be displayed more prominently on the Site (“Featured Employer”). Featured Employer is awarded at RealtyNXTs sole discretion. The ability to receive Featured Employer, generally, is a function of both the number of open jobs at your company and how much you spend. The Featured Employer program may be changed or removed by RealtyNXT at any time, at RealtyNXTs sole discretion.

 

2. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with RealtyNXT, you may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). RealtyNXT may immediately cancel the Program or these IAP Terms at any time upon notice. RealtyNXT may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.

 

3. Prohibited Uses

You shall not, and shall not authorize any party to (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant RealtyNXT and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms or your account without notice and may subject you to legal penalties and consequences. RealtyNXT or Partners may reject or remove any Job Ad, and RealtyNXT may disable any Employer’s account, for any or no reason without notice. For examples of why RealtyNXT may reject such Job Ads from Employers, refer to RealtyNXTs Search Quality Policies. RealtyNXT may require certain Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer and to prevent abuse of the free to post system. This may include limiting the number of Job Ads you are allowed to post at a given time without sponsoring, in RealtyNXTs sole discretion. This requirement may be made in RealtyNXTs sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, and any other jobs as determined by RealtyNXT. Additionally, RealtyNXT may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board, RealtyNXT reserves the right to include or reject any or all of your Job Ads. For examples of why RealtyNXT may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, RealtyNXT reserves the right to disable your account. You acknowledge that inclusion of jobs in violation of these guidelines on the RealtyNXT Site may harm RealtyNXT and its users. When you create a RealtyNXT account, RealtyNXT may require that you verify your identity through a third party service called NetVerify. By using NetVerify, you are submitting your identification documents for verification directly to NetVerify, you are agreeing to share your identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of data. RealtyNXT may have access to your identification documents via NetVerify.

 

4. Disclaimer and Limitation of Liability

 

RealtyNXTs provision of the program and the site is provided in an “as is” and “as available” basis. With respect to the program and your use thereof, RealtyNXTs  and its affiliates, and its and their third-party licensors, disclaim all warranties, express or implied, including without limitation for non-infringement, merchantability and fitness for any purpose.

 

RealtyNXT and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of (i) costs per click, (ii) click-through rates, (iii) delivery of any impressions on any Partner Property or RealtyNXT Property or sections of such properties, (iv) clicks, (v) conversions for any Creative, or (vi) interest in your Job Listing. The aforementioned disclaimers apply regardless of whether a Job Listing appears on desktop or mobile.  

 

Clicks are anonymous and RealtyNXT has no responsibility for confirming a user’s identity. A click on your job listing does not guarantee interest in such job listing. Except for amounts payable pursuant to section 6 hereunder, and for any breach by you of section 1, to the fullest extent permitted by law: (a) neither party will be liable under these IAP terms for any consequential, special, indirect, exemplary, punitive or other damages whether in contract, tort or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy; and (b) each party’s aggregate liability to the other under these IAP terms is limited to amounts paid or payable to RealtyNXT by you for the job and giving rise to the claim.

 

5. Payment

You shall be charged based on click count, regardless of whether you set a total budget. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to RealtyNXTs discretion. Charges are exclusive of all taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees RealtyNXT incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply to the import of all RealtyNXT products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on RealtyNXTs click measurements. RealtyNXTs determination of click count shall be binding. Refunds (if any) are at the absolute discretion of RealtyNXT and only in the form of advertising credit for RealtyNXT Property. If you are removed from RealtyNXT but have previously spent on RealtyNXT, you are not entitled to a refund of previously spent amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to RealtyNXT may be shared by RealtyNXT with companies who work on RealtyNXTs behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to RealtyNXT and servicing your account. RealtyNXT may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. RealtyNXT shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and RealtyNXT shall have no liability whatsoever, therefore. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any RealtyNXT product, RealtyNXT reserves the right to suspend or terminate your use of that RealtyNXT product as well as any other RealtyNXT product, including but not limited to those RealtyNXT product where you do not have an unpaid invoice or account balance.

 

6. Indemnification

You shall indemnify, defend and hold harmless RealtyNXT, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.

D. RealtyNXT Publisher Program Terms

Last Updated: June 1, 2018

These RealtyNXT Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses or uses the RealtyNXT Publisher Program, or that otherwise indicates its acceptance of these IPP Terms.

These IPP Terms are between You and RealtyNXT, and set out the terms and conditions applicable to your participation in the RealtyNXT Publisher Program (the “Program”) and, along with RealtyNXT Terms of Service, use of or access to RealtyNXT’s online and/or mobile services and websites, and software provided by or on behalf of RealtyNXT on or in connection with such services or websites (collectively, the “Site”). Any references to “RealtyNXT” shall mean RealtyNXT, Inc. The Program, as generally offered by RealtyNXT, is described on https://www.RealtyNXT.com/publisher or such other URL as RealtyNXT may provide from time to time. “You” or “Publisher” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these IPP Terms.

These IPP Terms hereby incorporate by this reference any additional terms and conditions posted by RealtyNXT through the Site, or otherwise made available to you by RealtyNXT, including the RealtyNXT Terms of Service.

RealtyNXT shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program or any part thereof. Publishers are ineligible to participate in their web properties do not conform with the terms of the RealtyNXT Affiliate Acceptable Use Policy, located online at AAUP (the “AAUP”). In order to participate as a publisher in the Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to RealtyNXT shall be true, accurate and complete.

 

1. Publisher Obligations

Any job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any RealtyNXT logos or other elements supplied by RealtyNXT for use on Affiliates’ websites or websites co-branded by RealtyNXT and Affiliate (collectively, “Program Elements”) may only appear on URLs that RealtyNXT has reviewed and accepted for participation (“Accepted URLs”). However, please note that as of March 3, 2017, Job Search Box, links and insertion code will only be available to Publishers already a part of the IPP, and as of March 31, 2017, Job Search Box, links and insertion code will no longer be available through IPP. Publisher shall advise RealtyNXT of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by RealtyNXT from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

Publisher shall label each displayed Program Element with the phrase “Jobs by RealtyNXT” at least 116 X 23 pixels in size, wherein the word “Jobs” shall be hyperlinked to http://www.RealtyNXT.com or other RealtyNXT websites as agreed with RealtyNXT and the word “RealtyNXT” shall be the RealtyNXT Logo Image and shall also be hyperlinked to http://www.RealtyNXT.com or other RealtyNXT websites as agreed by RealtyNXT. The RealtyNXT Logo Image can be found at http://www.RealtyNXT.com/p/jobsearch.gif.

Publisher agrees to abide by all terms of the AAUP. RealtyNXT reserves the right in its sole discretion to suspend Publisher’s participation in the Program if it suspects any violations of the AAUP. Publisher hereby agrees to defend, indemnify and hold RealtyNXT harmless from and against any claims, demands, liabilities, expenses, losses, damages and attorney fees arising from or relating to a violation or purported violation by Publisher of the AAUP. The foregoing shall be in addition to, and not in lieu of, any other remedies that RealtyNXT may have as a result of a violation of the AAUP by Publisher. In addition, under no circumstances may Publisher impersonate or act as RealtyNXT on any site (which shall include bidding on RealtyNXTs names or trademarks in any search engine marketing advertising platform), including, but not limited to, on third-party sites.

Publisher hereby grants RealtyNXT permission to refer to Publisher and its websites in RealtyNXTs marketing materials, wherever such marketing materials shall appear.

 

2. Payments to Publisher

Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by RealtyNXT and subject to any cap amounts determined solely by RealtyNXT) in relation to Program Elements displayed on Accepted URLs. You can acknowledge and agree that, in each case, the amount of such commision payment will be determined solely by RealtyNXT, in its sole discretion, and that such commission amount may be subject to a cap, also be determined by RealtyNXT  in its sole discretion and subject to change at any time. You also acknowledge and agree that any billing and payment information that you provide to RealtyNXT may be shared by RealtyNXT with companies who work on RealtyNXTs behalf, such as payment processors, solely for the purposes of effecting payment to You and servicing your account. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, RealtyNXT shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by RealtyNXT or if Publisher is in breach of these IPP Terms. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. These IPP Terms may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend these IPP Terms. No dashboard or any other view of any click count shall be considered as contractually binding on RealtyNXT. All commission amounts may be subject to an overall commission cap, in RealtyNXTs sole discretion, and subject to change at any time.

 

3. Qualifying Links

As of March 3, 2017, the below portion of the IPP will no longer be available to any new Publisher. As of March 31, 2017, the below portion of the IPP will no longer be available to any Publisher, including existing Publishers who are part of the IPP.

[Publisher may earn a commission, as determined by RealtyNXT in its sole discretion, if Publisher refers a Qualified User (as defined below) to the RealtyNXT Website via a Qualifying Link (as defined below) and if such Qualified User has accessed the RealtyNXT Website and purchased a qualifying product or service (“Qualifying Purchase”) during a Session (as defined below). Not all services or products will be eligible as a Qualifying Purchase under the Program, and Qualifying Purchases are determined in RealtyNXTs sole discretion. RealtyNXT is under no obligation to pay any particular amount for any referral and it is in RealtyNXTs absolute discretion to determine for how long a period of time it shall pay this commission after the date the Qualified User initially arrives at RealtyNXT via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact’). No payments under this program shall be an indication of future payments under this program.

A “Qualifying Link” is a link directing a Qualified User from Publisher’s website or online property (“Publisher Property”) to RealtyNXT using a Program Element provided by RealtyNXT for use with the Program. A “Session” is the period of time beginning when a Qualified User initially arrives at RealtyNXT via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact”), and ending at RealtyNXTs absolute discretion. For the avoidance of doubt, Publisher acknowledges that a Session will not commence unless cookies are enabled on the Customer’s device or computer in a manner that enables RealtyNXT to fully attribute actions of Qualified User to Publisher’s Qualifying Link. A “Qualified User” is a user who has not previously registered with RealtyNXT, has not been previously “cookied” by RealtyNXT and has not previously visited the RealtyNXT Site, all as determined by RealtyNXT in its sole and absolute discretion.

The parties acknowledge and agree that RealtyNXT shall have the sole right and responsibility for processing all orders made by Qualified Users. Publisher acknowledges that all agreements relating to sales to Qualified Users shall be between RealtyNXT and the Qualified User.]

As of March 31, 2017, the following will be the only available method for participation in the IPP:

[Publisher may earn a commission, as determined by RealtyNXT in its sole discretion if a user clicks on a Qualifying Link. A “Qualifying Link” is a link directing a user from the Publisher’s website or online property (“Publisher Property”) to a job using a Program Element provided by RealtyNXT for use with the Program, such as pay-per-click advertising, Jobroll™, or job search results.]

Publisher shall not be entitled to commissions and shall reverse any commissions already paid if Publisher is in breach of these IPP Terms or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups. The determination as to whether a sale is made via a Qualifying Link, and whether a commission is payable, will be made by RealtyNXT in its sole and absolute discretion and is final and binding on Publisher. Prices for the Qualifying Purchases will be set solely by RealtyNXT in its sole and absolute discretion.

 

4. Terms of Payment

RealtyNXT shall pay Publisher within 30 days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). A publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account. RealtyNXT may withhold any and all payment if Publisher is in breach of these IPP Terms and RealtyNXT shall have no further liability to Publisher.

 

5. Termination

Either party may terminate these IPP Terms and participation in the Program at any time by sending a notice by email to support-at-RealtyNXT dot com or other email address specified by RealtyNXT in the case of RealtyNXT, and to the email address specified in Publisher’s profile in the Program in the case of Publisher.

Upon termination of a publisher from the Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites.

 

6. Confidentiality

Publisher shall not disclose RealtyNXT Confidential Information without RealtyNXTs prior written consent. “RealtyNXT Confidential Information” includes without limitation: (a) all RealtyNXT software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other performance statistics relating to the Program provided to Publisher by RealtyNXT; and (c) any other information designated in writing by RealtyNXT as “Confidential” or an equivalent designation.

 

7. Disclaimer and Limitation of Liability

RealtyNXTs provision of the program and program elements (the “SERVICE”) and the site is provided on an “as is” and “as available” basis. RealtyNXT and its affiliates, and its and their licensors, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RealtyNXT  nor its affiliates, nor its or their licensors, make any warranty that (i) the service or site will meet publisher’s requirements ‘ (ii) the service or access to the site will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the service or site will be accurate or reliable; or (iv) any errors in the service or site will be corrected.

 

Neither RealtyNXT nor its affiliates, and its and their licensors, shall be liable for any direct, indirect, consequential, special, incidental or other damages incurred by publisher from participation in the program, whether based in contract (including fundamental breach), tort (including negligence) or otherwise. In no event shall RealtyNXTs aggregate liability exceed that amount of fees then due to publisher as determined pursuant to these IPP terms.

 

8. Miscellaneous

These IPP Terms (including the RealtyNXT Terms of Service incorporated herein) constitute the entire agreement between the parties with respect to the RealtyNXT Publisher Program and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these IPP Terms will be effective only if in writing and signed by RealtyNXT. These IPP Terms, together with any amendments thereto and any additional agreements you may enter into with RealtyNXT in connection with the Site, shall constitute the entire agreement between you and RealtyNXT concerning the Site. In the event of any irreconcilable conflict between these IPP Terms and the RealtyNXT Terms of Service, these IPP Terms will govern with respect to the RealtyNXT Publisher Program, and the RealtyNXT Terms of Service will otherwise govern. If any provision of these IPP Terms 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 IPP Terms, which shall remain in full force and effect. These IPP Terms may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend these IPP Terms.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by these IPP Terms with the same RealtyNXT party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by these IPP Terms with the applicable RealtyNXT party identified in the first paragraph of these IPP Terms with respect to such new territory.

Any notices to RealtyNXT must be sent to RealtyNXT, Inc. via certified first class or air mail or overnight courier, are deemed given upon receipt and must reference the Program that is the subject of the notice (i.e., RealtyNXT Resume Program, RealtyNXT Ads Program, or RealtyNXT Publisher Program). The notice may be effected to you by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your RealtyNXT Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without RealtyNXTs prior written consent and any such attempt is void. RealtyNXT may freely assign or delegate its rights and obligations hereunder without notice to you. RealtyNXT and you are not legal partners or agents but are independent contractors.

These IPP Terms and any dispute arising out of or in connection with these IPP Terms (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these IPP Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Travis County, Texas, U.S.A. Each of the Parties hereby consents to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A.

E. RealtyNXT assessment terms

Last Updated: June 1, 2018

These RealtyNXT Assessments Terms (“IA Terms”) form a part of and are incorporated into, the RealtyNXT Terms of Service (the “Agreement”). By using RealtyNXT Assessments in any way, or by registering as a Candidate or an Employer on RealtyNXT Assessments, you agree to these RealtyNXT Assessments Terms and the RealtyNXT Terms of Service. Any capitalized terms that are used but not defined in these IA Terms have the meaning set forth in the Agreement. The term “You” refers to the Candidate or the Employer in accordance with the context of the sentence.

 

1. Introduction

RealtyNXT Assessment is an online tool for the provision and review of certain skills assessments selected by Employers (“Assessments”) and responses from Candidates (“Responses”) through the Site.

 

2. Assessments

Candidates:

In order to use RealtyNXT Assessments as a candidate, you must create a RealtyNXT Assessments account or log in using your preexisting RealtyNXT Assessments account. The account information you submit through the Site is subject to the RealtyNXT Terms of Service and to RealtyNXTs Privacy Policy. Employers may use the RealtyNXT Assessments tool to send you Assessments, to which you may provide Responses. An Assessment only evaluates a particular skill. It does not evaluate a Candidate’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Candidate is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment.

You acknowledge and understand that RealtyNXT does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment and are not being asked by RealtyNXT. You further agree that RealtyNXT is not responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any other equivalent state act, and that the responsibility for offering any such alternative method lies solely with Employers. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must request it directly from the Employer. RealtyNXT does not warrant that the method of delivery of any Assessment question would be compliant with the Americans with Disabilities Act or any equivalent state act.

Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer.

Employers:

You agree that any Assessment sent by RealtyNXT to a Candidate is done so at your sole request, and you represent and warrant that you have that Candidate’s consent for RealtyNXT to contact that Candidate for the purpose of transmitting the Assessment(s) you have selected. You also acknowledge that once you have requested that RealtyNXT transmit your Assessment to a Candidate, that request cannot be canceled. RealtyNXT does not guarantee that any Candidate will receive, access, read or respond to any Assessment, or that there will be no mistakes in the transmission of the data. However, RealtyNXT may alert you when any of the above events occur.

You agree you have made the determination to use RealtyNXT Assessments as part of your application process, and that the types of questions asked in any Assessment or bundle of Assessments you send to a Candidate are solely being asked by you and are not being asked by RealtyNXT. You are solely responsible for your use of RealtyNXT Assessments, including without limitation any results which are considered to have a “disparate impact.” You further agree that you are solely responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. RealtyNXT does not warrant that the method of delivery of any Assessment question would be compliant with the Americans with Disabilities Act or any equivalent state act.

You agree that an Assessment only evaluates a particular skill. It does not evaluate a Candidate’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Candidate is qualified or appropriate for a job, is decided solely by you. You are the sole party to determine which Assessment to send to any Candidate. RealtyNXT reserves the right to change any Assessment or the questions asked within an Assessment at any time, for any or no reason, including but not limited to quality control.

Sending an Assessment to a Candidate does not guarantee a Response or any further communication or action by any Candidate. You consent to your Assessment and any other communications sent through RealtyNXT Assessments being processed and analyzed by RealtyNXT according to this Agreement and RealtyNXTs Privacy Policy.

 

3. Responses

A Candidate may, but is not required to, provide a Response to an Assessment sent by an Employer. After a Candidate has provided a Response, the Employer will be able to use the RealtyNXT Assessments platform to review the Response. If there are multiple versions of the same Assessment, the Response percentile for any Candidate will be determined only in relation to other Responses to the same version of that Assessment.

As a Candidate, you consent to your Responses, applications, and any other communications sent through RealtyNXT Assessments being processed and analyzed by RealtyNXT according to this Agreement and RealtyNXTs Privacy Policy.

As a Candidate, you are requesting and authorizing RealtyNXT to make your Response available to the Employer providing the Assessment. You understand that this is without warranty, and that RealtyNXT reserves the right to display or reformat Responses in a manner to permit Employers to review your Response together with Responses from other Candidates. You also acknowledge that once you have requested that RealtyNXT transmit your Response to an Employer, that request cannot be canceled. RealtyNXT does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, RealtyNXT may alert you when any of the above events occur.

The Employer sending the Assessment is the sole party to determine whether a Response indicates a qualified candidate. Employers may have instructed RealtyNXT to send out rejection notices if you have have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that RealtyNXT has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to give you the opportunity to retake any Assessment or update or modify your Response.

 

4. Rules For Using RealtyNXT Assessments

Whether you are a Candidate or Employer, you represent and warrant that you shall not access or use RealtyNXT Assessments for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Assessment or Response which is directly or indirectly illegal, discriminatory, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You shall not create or send any Assessment or Response containing proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing).

Employers may not create or send any Assessment which seeks highly confidential personal information from Candidates, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country. Candidates may not create or send any Response which contains any such highly confidential personal information.

Whether you are a Candidate or Employer, you understand and agree that RealtyNXT does not have any obligation to screen any Assessment or Response or to include any Assessment or Response in the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice.

 

5. RealtyNXTs Role

RealtyNXT does not act as an employment agency by offering the RealtyNXT Assessments tool. By using RealtyNXT Assessments, you acknowledge and agree that RealtyNXT is not procuring employees for Employers or procuring opportunities to work for Candidates. RealtyNXT merely provides a tool enabling Employers and candidates to exchange Assessments and Responses as they determine. The responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of RealtyNXT Assessments, is solely of the Employer or the candidate as applicable.

RealtyNXT cannot confirm the information submitted by any Employer, Candidate, or other users, including the identity of any user. RealtyNXT does not inquire into the backgrounds of Candidates or Employers or attempt to verify the statements of Candidates or Employers. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer. You are responsible for complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer. Further, for any skill area in which formal licenses or certifications may exist, Assessments do not act as a substitute for such license or certification and do not speak to whether a Candidate is qualified for or has such a license or certification. It is the Employer’s sole responsibility to determine what licenses or certifications are required for their job and whether a Candidate has such license or certification. RealtyNXT also makes no statement as to whether a particular skill is necessary for a job and it is an Employer’s sole responsibility to make such determination (or seek appropriate legal counsel to do so), in accordance with the EEOC or other applicable laws.

RealtyNXT is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not RealtyNXT receives a fee from the Employer in connection with the transaction. RealtyNXT will not be liable for any costs or damages arising out of or related to such transaction.

RealtyNXT assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the RealtyNXT Assessments tool, and any Assessment or Response.

 

6. Fees

RealtyNXT Assessments is free for Candidates.  

RealtyNXT Assessments is currently free for Employers. RealtyNXT may, in its sole discretion and at any time, end Employers’ free use of RealtyNXT Assessments and begin to charge Employers to use RealtyNXT Assessments as a standalone product or in conjunction with an Employer’s use of any other RealtyNXT product.

 

7. Confidentiality

Candidates:

You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You, therefore, agree to keep the content of Assessments and Responses confidential and do not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.

Employers:

You agree to keep all information gained from using RealtyNXT Assessments confidential. You agree that (1) you will use any content submitted by candidates only in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any candidates outside of your recruiting or hiring department; and (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of RealtyNXT Assessments from loss, misuse, unauthorized access, disclosure, alteration or destruction.

 

8. Disclaimer and Limitation of Liability

 

RealtyNXT assessments and all materials, information, assessments, responses, products, and services available on or through RealtyNXT assessments, are provided on an “as is” and “as available” basis, with no warranties whatsoever, either express or implied. RealtyNXT expressly disclaims all warranties, including without limitation any warranty that any assessment or response that has been provided to RealtyNXT is valid or accurate, that any communication (including without limitation assessments and responses) will reach the intended recipient, that the intended recipient of the communication sent at your request will read it, or that the intended recipient of your communication, or that the intended recipient of your communication will act upon it. RealtyNXT expressly disclaims all other warranties including without limitation non-infringement, merchantability and fitness for any purpose. RealtyNXT disclaims any warranty that RealtyNXT assessments will be error-free or uninterrupted or that all errors will be corrected.  

 

Except for your breach of section 7 (confidentiality) or indemnification amounts payable hereunder, to the fullest extent permitted by law: (a) neither party will be liable for any consequential, special, indirect, exemplary, punitive or other damages whether in contract, tort or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy; and (b) each party aggregate liability to the other is limited to amounts paid or payable to RealtyNXT by you.

 

9. Indemnification

You agree to defend, indemnify and hold harmless RealtyNXT from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, RealtyNXT Assessments or the Site; (c) your loss of, or disclosure of, information gained from using RealtyNXT Assessments or the Site; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; or (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Candidate. You also agree that you have a duty to defend RealtyNXT against such claims. You agree that this indemnity extends to requiring you to pay for RealtyNXTs reasonable attorneys’ fees, court costs, settlements, and disbursements. This defense and indemnification obligation will survive this Agreement and your use of RealtyNXT Assessments.

 

10. Termination

RealtyNXT may suspend RealtyNXT Assessments, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying RealtyNXT at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  

F. RealtyNXT Prime Terms

Last Updated: June 1, 2018

These RealtyNXT Prime Terms (“IP Terms”) form a part of and are incorporated into, the RealtyNXT Terms of Service (the “Agreement”). By using RealtyNXT Prime in any way, or by registering as a Candidate or an Employer on RealtyNXT Prime, you agree to these RealtyNXT Prime Terms and the RealtyNXT Terms of Service.

Any capitalized terms that are used but not defined in these IP Terms have the meaning set forth in the Agreement. The term “You” refers to the Candidate, the Employer or the Referrer, as per the context of the sentence.

 

1. Introduction

RealtyNXT Prime is an online tool that allows RealtyNXT Prime Employers (“Employers”) to connect with Candidate job seekers (“Candidates”). The term “Candidate” will refer to users of RealtyNXT Prime who are seeking employment opportunities through RealtyNXT Prime. The term “Employer” will refer to a company that is interested in hiring the Candidates through the RealtyNXT Prime online tool.

Users who wish to participate in RealtyNXT Prime apply to RealtyNXT to enter a RealtyNXT Prime Talent List of Candidates (“List”). Not all users who apply to RealtyNXT Prime will be accepted into the program as a Candidate. However, all users who apply to RealtyNXT Prime but are not accepted into the program will remain within the RealtyNXT Prime database. If RealtyNXT chooses a Candidate to participate in RealtyNXT Prime, they are placed into the List and they will remain in the List for such a time as determined by RealtyNXT, as per RealtyNXT rules, as set forth below. Employers who are using the RealtyNXT Prime tool are shown those relevant Candidates in the List. Employers may choose to interview Candidates from the List and conduct a hiring process with such Candidate if they wish. There is a charge for use of this tool to the Employers, as set forth below. There is no charge to Candidates who are chosen from the List.

 

2. Applying to RealtyNXT Prime

Candidate:

In order to use RealtyNXT Prime as a Candidate, you must create a RealtyNXT account or Log in using your preexisting RealtyNXT account, create a profile and apply. When applying to RealtyNXT Prime, we may require you to provide us with certain information including, but not limited to, your name, email address, phone number, skill set, salary requirements and geographic location. At this stage, you will have the opportunity to block your profile from certain Employers. We will use the information that you provide us during the application process to determine whether you will be accepted into RealtyNXT Prime. We may use a third-party vendor to help us review your application. We reserve the right, at our sole discretion, to accept or reject your application to use RealtyNXT Prime. If you are accepted into RealtyNXT Prime, we will notify you via email. Once you have been accepted, a member of the RealtyNXT Prime Talent Team (“Talent Consultant”) may reach out to via the email address or phone number you provided, and work with you to finalize your Candidate profile. The Talent Consultant may continue to work with you throughout your time on RealtyNXT Prime. If you are not accepted into RealtyNXT Prime, you will also be notified via email and your profile will remain within the RealtyNXT Prime database as a private, non-searchable profile (“Private Prime Profile”). Please note that Private Prime Profiles may be sent to Employers that RealtyNXT Prime believes may be interested in you.

 

Employer:

In order to use RealtyNXT Prime as an Employer, you must also apply. Applying to be an Employer is free. When applying we may ask you for additional information related to your company, including but not limited to, your name, email address, company URL, phone number and geographic location. We will review the information that you provided to us during the application process to determine whether you will be accepted into RealtyNXT Prime. We reserve the right, at our sole discretion, to accept or reject your application to RealtyNXT Prime. If your application is accepted, you will be notified via email and allowed to use the RealtyNXT Prime online tool so as to engage with and reach out to Candidates that are available in the RealtyNXT Prime List.

 

3. Talent List

Candidates:

After a Candidate has applied and been accepted to RealtyNXT Prime, he or she will be placed into the List to be viewed by Employers using the RealtyNXT Prime tool. Employers will then have the opportunity to engage with Candidates in the List. Candidates may receive emails from Employers informing them of their interest in the Candidate, and providing them with details about the job solicitation. RealtyNXT has no input into the Employer’s selection process. A Candidate may, but is not required to, respond to any Employer that has contacted him or her. All requests for interviews by Employers through RealtyNXT Prime do not guarantee a final job or job offer, or a job offer at any particular salary.

A new Candidate may be highlighted as “new” in the Talent List. At the conclusion of a certain number of weeks RealtyNXT may remove any candidate on the List, at any time, for any reason, at its sole discretion and, in such case, the Candidate may re-apply through its Talent Consultant for consideration to be re-entered into the List. The reapplication process is at RealtyNXTs sole discretion, and not all re-applications will be granted.

 

Employers:

After an Employer’s application has been accepted by RealtyNXT Prime, the Employer will be able to utilize the RealtyNXT Prime tool in order to browse the Candidates in the List, communicate with these Candidates, and submit interview requests to Candidates. Once an Employer has discovered a Candidate on RealtyNXT Prime, the Employer may make the contact with the Candidate through the RealtyNXT Prime tool. No contractual obligations are created for either the Candidate or the Employer through the use of RealtyNXT Prime. The Candidate is not obligated to accept any offer provided to a Candidate from an Employer that contacts them through RealtyNXT Prime. Additionally, offers or interview requests submitted by an Employer to a Candidate through RealtyNXT Prime are not binding on the Employer. Employer agrees that RealtyNXT is entitled to publish the details of all non-binding offers made and the identity of those parties that have made such offers unless the Employer has elected to remain anonymous.

If an Employer is on the Pay-Per-Hire pricing model, the Employer agrees not to attempt to circumvent RealtyNXT Prime by independently attempting to make the first contact with Candidate through alternative means after discovering the Candidate on RealtyNXT Prime.  Further, if the Employer can establish that it was in Negotiation with regards to hiring with the Candidate prior to utilizing the Prime tool, the Employer may be exempted from paying the Fee at the sole discretion of RealtyNXT. “Negotiation” shall mean at least one direct email sent out by both parties, the Candidate and the Employer, specifically to the other and not sent as part of a mass email, for the purpose of recruiting or hiring, within the three (3) months prior to the Employer using the Prime tool, and where no final decision to hire or reject a Candidate or to accept or reject the Employer has been made. In the event an Employer is on the Pay-Per-Hire pricing model and circumvents the RealtyNXT Prime process after discovering a candidate on RealtyNXT Prime, or does not report a hire made through RealtyNXT Prime, and thereafter hires that candidate within six (6) months of the date on which the Employer first viewed the candidate on RealtyNXT Prime, RealtyNXT Prime shall be entitled to 25% of a Candidate’s annual or term salary (if the term of hire is for less than one year) and all costs of collection of such amount, including any legal fees.

 

RealtyNXTs Role:

RealtyNXT does not act as an employment agent by providing the RealtyNXT Prime product. RealtyNXT merely provides a tool enabling Candidates and Employers to connect with each other. Candidates and Employers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of RealtyNXT Prime.

You understand that RealtyNXT Prime does not inquire into the backgrounds of its Candidates or Employers or attempt to verify the statements of its Candidates or Employers, and that you are responsible for (1) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and (2) complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries may only be asserted against the Employer.

RealtyNXT is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not RealtyNXT receives a fee from the Employer in connection with the transaction. RealtyNXT will not be liable for any costs or damages arising out of or related to such transaction.

 

4. Fees and Refunds

 

Candidates:

RealtyNXT Prime is free for Candidates.

Employers:                                                  

RealtyNXT Prime uses a subscription model (“Subscription Model”) with its Employers, as of January 1, 2017. The Subscription model offers three pricing plans (Basic, Essential and Enterprise) offering varying features. The determination of which pricing plan an Employer falls into the Subscription Model, is made at sole discretion of RealtyNXT. Even if you start in one Subscription Model pricing plan, RealtyNXT may determine in its sole discretion that you are only eligible for the other Subscription Model pricing plan.

Subscription Model:

  1. Under the Subscription Model, Employers agree to pay upfront an initial subscription fee for a period of time specified in any RealtyNXT insertion order or online pricing page (each subscription period to be referred to as a “Term”), if applicable. Taxes will be charged as applicable.

  2. Unlimited hires may be made during any Term for the fee indicated on the RealtyNXT insertion order or the price indicated on the RealtyNXT Prime online pricing page.

  3. All plans under the Subscription Model shall automatically renew for additional Terms. If you wish to cancel your Subscription, you must do so no later than 15 days prior to the end of any Term. No refunds will be given for payment made during any Term.

  4. Under the Subscription Model, payment is due upon receipt of an insertion order or confirmation email, confirming your purchase, unless agreed upon otherwise with your Prime Client Executive or Client Consultant.

 

Pay-Per-Hire Model:

This model only applies to Employers who signed up for this payment model prior to January 1, 2017. However, even if you are currently under this payment model, RealtyNXT reserves the right, in its sole discretion, to no longer offer this payment model.

  1. Under the Pay-Per-Hire Model, Employers agree to pay a fixed percentage of annual base salary or other salary periods agreed upon, for any hire made through RealtyNXT Prime.

  2. Refunds will be made to an Employer, if they have chosen to pay a percentage of the annual salary and a hire made through RealtyNXT Prime leaves their job within the first 90 days of employment and does not become an independent contractor of the Employer. In order to be eligible to receive a refund, an Employer must inform RealtyNXT within 5 business days of the hire leaving the company and shall provide sufficient evidence of such employee exit.

  3. RealtyNXT may request a non-refundable deposit, which will be applied towards the cost of the first hire if made. If no hires are made, the deposit is not returned.

  4. RealtyNXT may consider prepaid volume discounts.

  5. Under the Pay-Per-Hire Model, payment is due upon receipt of an invoice from RealtyNXT, Inc. or RealtyNXT Ireland Operations Ltd., unless agreed upon otherwise with your Prime Client Executive or Client Consultant.

  6. The pay-per-hire model can be canceled at any time. Hires initiated before cancellation is subject to the invoicing and payment stated above.

If you wish to use the RealtyNXT Prime tool, you must have an agreement with RealtyNXT, Inc. or RealtyNXT Ireland Operations Ltd. to do so under one of the pricing models listed above, and have accepted RealtyNXTs online Terms of Service. Taxes will be charged as applicable. The Obligation to pay Fees shall survive termination or expiration of this Agreement.

 

5. Referrals

 

a.  RealtyNXT will offer “Candidate Referral Rewards” in the form of a $200 (USD) gift card if in the U.S., a £150 (GBP) gift card if in the U.K., a $200 (CAD) gift card if in Canada, or a €200 (EUR) gift card if in Ireland, to individuals who refer a Candidate (the “Candidate Referrer”) and that Candidate is contacted by an Employer with RealtyNXT Prime. The currency and amount paid in the gift card with respect to all Candidate Referral Rewards will depend on the tax residence of the Candidate Referrer. In addition, RealtyNXT will offer “Candidate Referral Rewards” in the amount of $2,000 (USD) if in the U.S., £1500 (GBP) if in the U.K., $2,000 (CAD) if in Canada, or €2,000 (EUR) if in Ireland, to Candidate Referrers who refer a Candidate that has been selected by RealtyNXT Prime, has been hired through RealtyNXT Prime, and has worked at the Employer for at least ninety days. In addition, the following limitations apply:

  1. To qualify, the Candidate referred by the Candidate Referrer must have graduated from their last school or university at least one year prior to the referral.

  2. There is a limit of 5 rewards per the calendar year to any one Candidate Referrer.

  3. You must be tax resident in the U.S., the U.K., Canada or Ireland. If you are tax resident in the U.S., in order to receive a Candidate Referral Reward, you must provide RealtyNXT with a valid and completed W-9 document and ACH form. If you have not provided RealtyNXT with a valid and completed W-9 and ACH form, you will receive no Candidate Referral Reward. If you are tax resident in the U.K., Canada or Ireland, in order to receive the Candidate Referral Reward, you must provide RealtyNXT with your valid banking details upon request. If you are tax resident in the U.K., Canada or Ireland and make a referral for the U.S., in order to receive the Candidate Referral Reward, you must provide RealtyNXT with a valid and completed W-8 document and your valid banking details upon request.

  4. All payments to any Candidate Referrer, excluding RealtyNXT employees, are gross amounts and the Candidate Referrer will be responsible for paying all applicable taxes on the reward.

  5. RealtyNXT Employees only: The Candidate Referral Reward to be paid to any RealtyNXT employee will be included in the employee’s paycheck in the period following the determination that the referred candidate meets the qualification for reward. The amount paid will be included in the employee W-2 form at the end of the year. The reward will be paid net of tax. Employees must contact their tax advisors to determine the proper treatment at the time of filing their personal income tax returns.

  6. This program may be cancelled at any time without notice; all referrals made prior to program cancellation will be paid in the event the above conditions are satisfied.

  7. RealtyNXT has the right to refuse any referred candidate participation in the RealtyNXT Prime program for any reason.

  8. No reward will be paid for any referred candidate who is already a member of RealtyNXT Prime when the referral was received.

  9. You represent to Prime that there is no contractual barrier to receiving a Candidate Referral Reward.

 

b.   RealtyNXT will also offer “Employer Referral Rewards” in the form of a $500 (USD) gift card if in the U.S., a £500 (GBP) gift card if in the U.K., a €500 (EUR) gift card if in Ireland, or a $500 (CAD) gift card if in Canada, to individuals who refer recruiters or hiring managers at other companies (the “Employer Referrer”) who subsequently join RealtyNXT Prime and those recruiters or hiring managers contact at least one Candidate with the RealtyNXT Prime tool (“Referred Employer”). The currency and amount paid in the gift card with respect to all Employer Referral Rewards will depend on the tax residence of the Employer Referrer. In addition, the following limitations apply:

  1. RealtyNXT has the right to refuse any Referred Employer participation in the RealtyNXT Prime program for any reason.

  2. No award will be paid for any Referred Employer who is already a member of RealtyNXT Prime or was a member of RealtyNXT Prime in the 12 months previous to when the referral was received.

  3. There is a limit of 5 rewards per the calendar year to any one Employer Referrer.

  4. You must be a tax resident of the U.S., U.K., Canada or Ireland.

  5. If you are tax resident in the U.S., in order to receive the Employer Referral Reward, you must provide RealtyNXT with a valid and completed W-9 document and ACH form. If you have not provided RealtyNXT with a valid and completed W-9 and ACH form, you will receive no Employer Referral Reward. If you are a tax resident in the U.K., Canada or Ireland, in order to receive the Employer Referral Reward, you must provide RealtyNXT with your valid banking details upon request. If you are tax resident in the U.K., Canada or Ireland resident and you make a referral for the U.S., in order to receive the Employer Referral Reward, you must provide RealtyNXT with a valid and completed W-8 document and your valid banking details upon request.  

  6. All payments to any Employer Referrer are gross amounts and the Employer Referrer will be responsible for paying all applicable taxes on the reward.

  7. This program may be cancelled at any time without notice; all referrals made prior to program cancellation will be paid in the event the above conditions are satisfied.

  8. RealtyNXT has the right to refuse any Referred Employer participation in the RealtyNXT Prime program for any reason.

  9. No reward will be paid for any Referred Employer who is already a member of RealtyNXT Prime when the referral was received.

  10. You represent to Prime that there is no contractual barrier to receiving an Employer Referral Reward.

  11. RealtyNXT employees cannot refer or be referred and receive an Employer Referral Reward.

 

6. Confidentiality

You agree to keep all information gained from using RealtyNXT Prime confidential. You agree that (1) you will use any content submitted by Candidates in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Candidates in any List outside of your recruiting or hiring department; AND (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of RealtyNXT Prime from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers which you become aware of through RealtyNXT Prime.

You agree that by using RealtyNXT Prime, RealtyNXT may call you at the phone number provided to RealtyNXT, including cell phone numbers. You further agree that RealtyNXT provides email proxy and relay tools to the users of RealtyNXT Prime and that RealtyNXT may monitor, review, store and analyze your content (including your profile, applications, communications and responses) to provide you with personally relevant product features, prevent fraud, reduce unwanted mail, and provide quality control.

If you decide to take the HackerRank challenge or any other external testing, such results will only be maintained and used internally by RealtyNXT and will never be passed to a third party.

Employer agrees that RealtyNXT is entitled to publish the details of all non-binding offers made and the identity of those parties that have made such offers unless the Employer has elected to remain anonymous.

 

7. Disclaimer and Limitation of Liability

RealtyNXT expressly disclaims all warranties, express or implied, including without limitation any warranty that the candidate profile information that has been provided to RealtyNXT is valid, that the communication sent by an employer will reach the intended recipient, that the intended recipient of the communication sent at your request will read the email, or that the intended recipient of your request will act upon such request, RealtyNXT expressly disclaims all other warranties including without limitation non-infringement, merchantability and fitness for any purpose. Except for indemnification amounts payable to third parties hereunder, to the fullest extent permitted by law: (a) neither party will be liable for any consequential, special, indirect, exemplary, punitive,or other damages whether in contract, tort or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited to remedy; and (b) each party’s aggregate liability to the other is limited to amounts paid or payable to RealtyNXT by you for the RealtyNXT  tool giving rise to the claim.

 

8. Indemnification

You agree to defend, indemnify and hold harmless RealtyNXT from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (a) your violation of any term of this Agreement; (b) your use of, and access to, RealtyNXT Prime; (c) your loss of, or disclosure of, information gained from using RealtyNXT Prime; (d) your violation of any applicable laws during the hiring process, including but not limited to the US Fair Credit Reporting Act and any applicable data protection laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of RealtyNXT Prime. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements, and disbursements.

 

9. Termination

We may suspend RealtyNXT Prime, your account or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying RealtyNXT Prime at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.

G. RealtyNXT Targeted Ads Terms

Last Updated: January 18, 2017

These RealtyNXT Targeted Ads Terms (“ITA Terms”) form a part of, and are incorporated into, the RealtyNXT Terms of Service (the “Agreement”), and apply to any Employer who accesses or uses the RealtyNXT Targeted Ads program, or who otherwise indicates its acceptance of these ITA Terms.  These ITA Terms apply to both of RealtyNXTs Targeted Ads Services: 1) RealtyNXT Targeted Ads: Brand (“ITA Brand”) and 2) RealtyNXT Targeted Ads: Apply (“ITA Apply”).

Any capitalized terms that are used but not defined in these ITA Terms have the meaning set forth in the Agreement.

 

1. The Program

Use of RealtyNXT Targeted Ads (“ITA”) on or through the Site is subject to all applicable RealtyNXT terms and policies, including without limitation the RealtyNXT Privacy Policy (http://www.RealtyNXT.com/legal#privacy) and those instructions provided on the Site, and, if you are using ITA, through our online forms. RealtyNXT policies may be modified at any time. With regards to any job advertisements posted on RealtyNXT through ITA, (“Targeted Ads”), you agree that you are solely responsible for all: (a) ad or job content and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Targeted Ads may be placed on any content or property provided by RealtyNXT (“RealtyNXT Property”). By posting a Targeted Ad on RealtyNXT, you authorize RealtyNXT to reformat the Job Ad to be effectively displayed on a mobile device.  

ITA Apply: In order to participate in ITA Apply, you must either use RealtyNXT Apply to receive applications or add RealtyNXTs conversion tracker snippet to your post-apply page (the “Post-Apply Page”). The Post-Apply Page on which you add RealtyNXTs conversion tracker snippet shall be determined by mutual agreement between you and RealtyNXT. However, please note that if you unilaterally place the conversion tracker snippet on a page other than the mutually agreed upon page, in violation of this agreement, RealtyNXT will still count this page as the Post-Apply-Page, charge you for any Applies (as defined below) on this page, and may require you to correct the placement. Any removal of the tracker snippet will disqualify you from the program and will entitle to RealtyNXT to any resulting damages.  It shall be your responsibility to inform your job applicants that such tracker snippet is in place. The conversion tracker will attribute an application to RealtyNXT any time the job seeker started their search on RealtyNXT, despite any intervening activity. Additionally, if you receive the ITA Apply services, you may be given the option to include certain application questions for your Job Listing on an ITA ad as part of your application process. If you request that RealtyNXT include the questions you have chosen as part of your ITA ad, you acknowledge that job seekers who do not answer your questions in the manner set forth in your instructions may not be permitted to proceed to the next stage of the application process, and that you are requesting that RealtyNXT perform this action. You further acknowledge that your use of these application questions is provided to you via a license to the application questions tool and that RealtyNXT disclaims all warranties as to the performance of these application questions, including but not limited to the accuracy of the job seekers’ answers to your application questions.  

 

2. Cancellation

Unless otherwise stated in an insertion order or other agreement to advertise with RealtyNXT, you may independently cancel online any Targeted Ad at any time (such cancellation is generally effective within 24 hours). RealtyNXT may cancel ITA or these ITA Terms at any time. RealtyNXT may modify ITA or these ITA Terms at any time without liability, and your use of ITA after notice that these ITA Terms have changed indicates acceptance of the updated ITA Terms. Sections 1, 3, 4, 5, and 6 will survive any expiration or termination of these ITA Terms.

 

3. Prohibited Uses

You shall not, and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant RealtyNXT and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Targeted Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these ITA Terms or your account without notice and may subject you to legal penalties and consequences. RealtyNXT or Partners may reject or remove any Targeted Ad, and RealtyNXT may disable any Employer’s account, for any or no reason without notice.

 

4. DISCLAIMER AND LIMITATION OF LIABILITY

RealtyNXTs provision of the program and the site is provided on an “as is” and “as available” basis. With respect to the program and your use thereof, RealtyNXT and its affiliates and its and their third-party licensors, disclaim all warranties, express or implied, including without limitation for non-infringement, merchantability and fitness for any purpose.

 

RealtyNXT and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per application, (ii) costs per impression, (iii) apply rates, (iv) impression rates (including an estimate of impressions or term provided in an insertion order), (v) delivery of any impressions on any Partner Property or RealtyNXT Property or sections of such properties, (vi) applies, (vii) impressions (viii) conversions for any Creative, (ix) targeted users, or (x) the interest-level of any users who apply to or view your job.

 

Except for amounts payable pursuant to section 6 hereunder, and for any breach by you of section 1, to the fullest extent permitted by law: (a) neither party will be liable under these except for amounts payable pursuant to section  6 hereunder, and for any breach by you of section 1, to the fullest extent permitted by law: (a) neither party will be liable under these IAP terms for any consequential, special, indirect, exemplary, punitive, or other damages whether in contract, tort or any other any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy; and (b) each party’s aggregate liability to the other under these IAP terms is limited to amounts paid or payable to RealtyNXT by you for the job ads giving rise to the claim.

 

5. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and RealtyNXT, and based on applies (“Applies” or “Apply”) if you are an Employer using ITA Apply, or based on impressions (“Impression” or “Impressions”) if you are an employer using ITA Brand. Applies are defined as a user visit to the agreed upon Post-Apply Page listed in any separate agreement (including via email exchange) or insertion order between you and RealtyNXT. Impressions are defined as an ad appearing on a page of the Site, which page has been presented to a job seeker. However, an Impression does not guarantee that a job seeker has viewed such ad. If you are an Employer using ITA Brand, your price per Impression found on any ITA Brand Insertion Order is defined as the cost per 1000 impressions. If your ITA Insertion Order does not contain an end date, you will continue to be billed until you contact RealtyNXT and request to be removed from the ITA Program. If your RealtyNXT employer account has a credit card on file for the RealtyNXT Ads Program, we will charge that same credit card for your RealtyNXT Targeted Ads. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees.  If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to RealtyNXT’s discretion. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees RealtyNXT incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply to the import of all RealtyNXT products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on RealtyNXTs Apply measurements or Impressions measurements. RealtyNXTs determination of the number of applications or Impressions shall be binding. Refunds (if any) are at the absolute discretion of RealtyNXT and only in the form of advertising credit for RealtyNXT Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to RealtyNXT may be shared by RealtyNXT with companies who work on RealtyNXTs behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to RealtyNXT and servicing your account. RealtyNXT may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. RealtyNXT shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and RealtyNXT shall have no liability whatsoever, therefore. Invoices may be provided to you via electronic mail.

 

6. Indemnification

You shall indemnify, defend and hold harmless RealtyNXT, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your ITA use, Creative, site or Your Services, or your breach of these ITA Terms.

*For the purposes of this Agreement, the Asia-Pacific Region is defined as the following countries and territories: American Samoa, Antarctica, Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Christmas Island, Cocos Islands, Cook Islands, East Timor, Fiji, French Polynesia, French Southern Territories, Guam, Heard Island and McDonald Islands, Hong Kong, Indonesia, Japan, Kiribati, Laos, Macau, Malaysia, Maldives, Marshall Islands, Micronesia, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Pakistan, Palau, Papua New Guinea, Philippines, Pitcairn, Samoa, Singapore, Solomon Islands, South Georgia and the South Sandwich Islands, South Korea, Sri Lanka, Taiwan, Thailand, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Wallis and Futuna.

 

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