What about my privacy?
What defined terms should I know when reading this Agreement?
The following terms shall have the meanings specified or referred to below.
Defined terms may be used either with the first letter(s) capitalized or with the first letter(s) in lower case.
“Site” means this website and includes all web, mobile, and versions hereof, and any other websites owned or operated by RealCheeky, LLC that is linked or referenced within this Site, or used to access or use the Services.
“Services” means all software, applications, programs, services, information, data, personal information, and other content made available for Your use via the Site along with any input, information, data or content stored, processed or otherwise contained therein and any other services or features offered in connection with any of the foregoing, and includes the internet-based real-estate transaction management software integrated suite of tools offered through the Site for You to store, draft, manage, and archive real estate transactions services and perform other services.
“Us,” “We,” or “Our” means RealCheeky, LLC.
“You” or “Your” means any person, business or entity using the Site or Services.
How may I use the Services and the Site?
You shall take all steps necessary to protect your login(s) and password(s), to safeguard the security and integrity of the Services, and to protect against unauthorized access and use.
You shall immediately notify RealCheeky, LLC of any violation of the foregoing.
Any access to the Services using Your login and password shall be deemed access by You.
Your use of the Site or Services may require You to login or maintain a user account, which may be owned, controlled or issued by a third party with whom You have a relationship.
Your relationship with any such third party is subject to a separate written agreement between You and such third party, and RealCheeky, LLC is not a party to or bound by any such agreements.
You must provide true, accurate, and current information, and maintain and update this information and ensure that it remains true, accurate, and current. You consent to receive personalized emails, telephone calls and other communications from RealCheeky, LLC.
The Site may contain links to third-party websites, advertisers, services, listings, special offers, or other events or activities that are not owned or controlled by RealCheeky, LLC.
RealCheeky, LLC does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
You expressly release, waive, relieve, and hold harmless RealCheeky, LLC from all liability arising from Your use of any third-party website, service, or content.
Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers.
You agree that RealCheeky, LLC shall not be responsible for any loss or damage of any sort relating to Your dealings with such advertisers or other third parties.
You agree to, at all times, comply with all applicable laws, regulations, restrictions and rules in connection with accessing and using the Site and Services, including all laws, regulations, restrictions and rules involving private data and applicable export controls.
In particular, you will not use this site or the Services in any country in any manner prohibited by the United States Export Administration Act or any other export laws, regulations, restrictions and rules.
You represent and warrant that You are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan and North Korea) and that You are not otherwise prohibited from using the Site or the Services in any manner under any export laws, regulations, restrictions and rules.
You will not use the Site or Services for any illegal purpose or in violation of any law or regulation, or to transmit, receive, download, upload or solicit: (a) any of Your Data (as defined below) or other materials which may violate any copyright, trade secret, trademark, service mark or any other intellectual property rights or rights of privacy or publicity of any person or entity; (b) any of Your Data or other materials containing any destructive or interfering programs, applications, or instructions; or (c) any of Your Data or other materials which may subject You or RealCheeky, LLC to civil or criminal liability.
You agree to abide by all copyright and other restrictions placed on any data, information, or content available via the Services including any material or data compilations where RealCheeky, LLC or others hold the copyright or other intellectual property or proprietary rights.
Your use of the Site and Services may be provided in connection with an agreement entered between RealCheeky, LLC and a third party, such as a real estate brokerage, agency, or other business that you have a business relationship or agreement with (each a “RealCheeky, LLC Client”).
You acknowledge and agree that RealCheeky, LLC Client: (a) may have access to your use of the Services and Your Data; (b) RealCheeky, LLC Client may have the right to create, monitor and control your user logins, passwords and accounts and your access or denial, suspension, or termination of access to the Site or Services; and (c)
You hereby consent and authorize RealCheeky, LLC Client to have all such rights and access as set forth in this section.
RealCheeky, LLC has no liability for or relating to any disputes between You and any RealCheeky, LLC Client or for RealCheeky, LLC Client’s access or use of Your Services or Your Data. RealCheeky, LLC may maintain, correct and modify, and may upgrade and/or update the Site or Services at any time in its discretion with or without notice to You.
What obligations apply to personal information and data privacy?
You represent, warrant, covenant and agree that You shall comply with all relevant and/or applicable state and federal data privacy standards and all United States, foreign and other applicable laws, rules and regulations governing data, banking and financial information, real estate, the purchase or sale of real estate, real estate transactions, agencies and brokers, privacy, personal data and personal information and PII (as defined below) including the U.S.-EU Safe Harbor Privacy Framework, the General Data Protection Regulation (GDPR) (EU) 2016/679, the California Consumer Privacy Act (CCPA) AB-375, and any other applicable laws, rules, regulations and guidelines, and all other requirements reasonably requested by RealCheeky, LLC (collectively, the “Data Privacy Standards”).
RealCheeky, LLC shall have the right, at any time, to require You to remove, destroy or purge any information from Your possession, custody or control that constitutes PII when required by any of the Data Privacy Standards.
The term “PII” means personal information, personally identifiable information, non-public information (NPI), any information about an individual, information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context, and any other information protected or regulated under applicable law and includes: (a) any information that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; (b) credit card, debit card and other banking and payment information; (c) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information; (d) any non-public personal information regarding any individual that is subject to applicable national, state, regional, and/or local laws and regulations governing the privacy, security, confidentiality and protection of non-public personal information; (e) is Personally Identifiable Information, as defined by state breach notification statutes; (f) non-public information (NPI) as defined and/or used by applicable state, federal or local laws, rules or regulations; (g) information appearing on applications for obtaining financial services (such as credit card or loan applications), or on account histories (such as bank or credit card histories), a person’s status (current or previous) with a banking, credit, lending or other financial organization, including names, addresses, telephone numbers, Social Security numbers, PINs, passwords, account numbers, salaries, medical information, and account balances; and (h) any information or materials protected by applicable state, federal or local laws, rules or regulations or governing real estate or its purchase or sale, real estate brokers, agents, transactions or related documents.
Do the Services include SMS messaging?
The Services may include the ability to utilize text messaging (SMS) that sends text messages to mobile phone numbers designated by You.
You shall only use this feature for yourself and others who expressly opt-in to its usage.
Use of the SMS feature will include an unsubscribe instruction.
SMS recipients may text STOP, STOP ALL, END, QUIT, NO, CANCEL or UNSUBSCRIBE to opt out of receiving future messages and such recipients will receive one (1) final message from confirming their inactivation of this service.
Following such confirmation message, no additional text messages will be sent unless re-activated by You or a person designated by You.
SMS recipients may also text HELP for questions.
Message and data rates may apply from Your mobile carrier.
You acknowledge and agree that utilization of SMS (text messaging) may cause You and other participants to incur additional charges from their mobile service providers, such service may subject You and participants to additional fees, and such service may not be available with all mobile service providers.
You agree that You and any other participants designated by You shall be solely responsible for all and any expenses and/or fees associated with SMS (text messaging) in connection with the Services.
You further agree that RealCheeky, LLC will not have any liability and/or responsibility in connection with the provision of the SMS (text messaging) services, any SMS (text messaging) errors, delays, or missed, deleted or late-received messages, or messages sent to unintended or non-consenting recipients.
What activities are prohibited?
How may RealCheeky, LLC terminate my use of the Site or Services?
Additionally, RealCheeky, LLC reserves the right to refuse to do business with You or any business, person or entity in its discretion, consistent with local, state and federal laws.
You also agree that RealCheeky, LLC will not be liable to You or to any third party for any modification or termination of access to the Services.
These rights and actions are in addition to and not in lieu or limitation of any other right or remedy RealCheeky, LLC may have available at law or in equity.
What happens if this Agreement is terminated?
Upon termination, cancellation or expiration of this Agreement for any reason whatsoever: (a) Your right to access and use the Services shall immediately, automatically, and without notice, be revoked; (b) You shall immediately cease all access to and use of the Services and all Confidential Information; (c) You shall return to RealCheeky, LLC all Confidential Information; (d) RealCheeky, LLC shall have the right to terminate and deny You access to and use of the Services immediately and without notice.
The obligations set forth in this Agreement which, by their nature, are intended to survive, shall survive the termination, cancellation or expiration of this Agreement for any reason whatsoever.
Such surviving obligations include, without limitation, obligations with respect to Confidential Information, protection of PII and data, and obligations of indemnity.
What rights do I have in my data?
You shall own or have all necessary rights to all information, data, text, images, audio, video, photographs, and any other content or materials that You upload to the Site or the Services (collectively, “Your Data”).
The term “Your Data” does not include the Services, Third Party Resources (as defined below), the RealCheeky, LLC Intellectual Property (as defined below), or any other RealCheeky, LLC products or services, or any derivative works thereof.
You are responsible for any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Data, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Data, or from Your use of the Site or Services.
You may disclose or transfer Your Data to a third party, and upon such disclosure or transfer RealCheeky, LLC is no longer responsible for the security or confidentiality of such content and applications outside of RealCheeky, LLC.
You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Your Data, and for obtaining all rights related to Your Data required by RealCheeky, LLC to perform the Services.
The term “Third Party Resources” means all software, hardware, network, applications, data, data feeds, information, application programming interfaces (APIs), text, images, audio, video, photographs and other content and material, in any format, that are obtained or derived from third party sources outside of RealCheeky, LLC that You may access or use through, within, or in conjunction with the Services.
The term “RealCheeky, LLC Intellectual Property” shall mean RealCheeky, LLC’s ownership of all Confidential Information (as defined below), the Site, the Services, Feedback (as defined below), and of all copyrights, patents, trade secrets, service marks, trademarks, proprietary rights, domain name registrations, and other intellectual property rights in and to the Confidential Information and arising therefrom.
In the event You delete any account or portion thereof within the Services, You shall contact RealCheeky, LLC immediately at
Does RealCheeky, LLC monitor the Services?
Notwithstanding these rights, You remain solely responsible for the content of Your Data.
How is information kept confidential?
The term “Confidential Information” shall include PII, all user logins and passwords, RealCheeky, LLC Intellectual Property, the API Feature Set, RealCheeky, LLC Software, the Services and their features, functionality, workflow, algorithms, screen displays and methods, system updates and all documentation relating thereto.
Any information provided by RealCheeky, LLC through the Services shall be considered Confidential Information of RealCheeky, LLC.
You shall not promote or publicly disclose or link the Internet address or location of the Services in any manner, including on any web sites without the prior written consent of RealCheeky, LLC.
Am I responsible for reviewing information?
Information published and disseminated by RealCheeky, LLC or the Services is communicated without review, editing or change by RealCheeky, LLC, as provided to the Site, Services or RealCheeky, LLC by You or third parties.
RealCheeky, LLC has no obligation to verify the information provided and disclaims any responsibility for its accuracy and You use the same at your own risk.
You agree to defend, indemnify and hold harmless RealCheeky, LLC and its employees, officers, agents, and directors from and against any liability arising from any inaccuracy or inadequacy of the information You provide.
What is RealCheeky, LLC’s Intellectual Property?
You shall not contest or otherwise challenge: (a) RealCheeky, LLC’s designation of its Confidential Information as trade secrets and commercially sensitive and confidential and proprietary information; or (b) RealCheeky, LLC’s ownership of the Confidential Information, the Services, the Site, the API Feature Set, RealCheeky, LLC Software, Feedback (as defined below), and of all copyrights, patents, trade secrets, service marks, trademarks, proprietary rights, domain name registrations, and other intellectual property rights therein and arising therefrom (collectively, the “RealCheeky, LLC Intellectual Property”).
Except for the express limited rights granted to You to use the Site and Services set forth above, no other rights, whether express or implied, are granted to You, and are reserved to and retained by RealCheeky, LLC.
You agree that any feedback, suggestions, improvements, enhancements, input and/or feature requests relating to the Site or Services provided by You to RealCheeky, LLC (“Feedback”) shall be owned solely by RealCheeky, LLC, shall be included as part of the RealCheeky, LLC Intellectual Property, and RealCheeky, LLC shall be free to exploit and/or incorporate such Feedback in connection with the Services, Site and/or RealCheeky, LLC’s business.
Do I receive any warranties from RealCheeky, LLC?
THE SITE AND SERVICES (INCLUDING THE API FEATURE SET AND ANY REALCHEEKY, LLC SOFTWARE) ARE PROVIDED “AS IS” WITH “ALL FAULTS” AND WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED.
YOUR USE OF THE SITE AND SERVICES, API FEATURE SET AND REALCHEEKY, LLC SOFTWARE IS VOLUNTARY AND ENTIRELY AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR MAINTAINING AN INDEPENDENT MEANS EXTERNAL TO THE SITE AND SERVICES FOR THE BACKUP AND RECONSTRUCTION OF ANY LOST OR INCORRECT OR DAMAGED DATA OR YOUR DATA.
REALCHEEKY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
REALCHEEKY, LLC DOES NOT WARRANT THAT THE SITE, SERVICES, API FEATURE SET OR REALCHEEKY, LLC SOFTWARE OR THEIR FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, WITHOUT DELAYS, WITHOUT LOSSES OF DATA OR INFORMATION OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, SERVICES, API FEATURE SET OR REALCHEEKY, LLC SOFTWARE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, INFECTIONS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.
REALCHEEKY, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SITE OR SERVICES IN TERMS OF ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, RELIABILITY OR OTHERWISE.
THE SITE, SERVICES, API FEATURE SET AND/OR REALCHEEKY, LLC SOFTWARE MAY INCLUDE ERRORS AND MAY BE CHANGED OR MODIFIED AT ANY TIME.
YOU, AND NOT REALCHEEKY, LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE, SERVICES, API FEATURE SET AND/OR REALCHEEKY, LLC SOFTWARE.
REALCHEEKY, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE SITE, SERVICES, API FEATURE SET AND/OR REALCHEEKY, LLC SOFTWARE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS.
THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
REALCHEEKY, LLC RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE, SERVICES, API FEATURE SET AND/OR REALCHEEKY, LLC SOFTWARE OR ANY PART THEREOF, WITH OR WITHOUT NOTICE.
WHAT ARE THE LIMITS AND EXCLUSIONS ON LIABILITY AND DAMAGES?
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
What indemnities do I make to RealCheeky, LLC?
The foregoing obligations of indemnity, defense and hold harmless shall apply whether Your acts or omissions were intentional, negligent or reckless.
How and where will disputes be resolved?
The arbitration and all proceedings shall take place in Monterey, California before a single arbitrator selected by the parties in accordance with the AAA rules; however, the arbitrator shall have no less than ten (10) years’ experience in computer law and commercial matters.
The decision of the arbitrator shall be final and binding and judgment upon the award rendered by the arbitrator shall be entered in any court having jurisdiction thereof.
All proceedings, the decision and submissions made in connection with the arbitration shall be confidential.
AM I WAIVING RIGHTS TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL?
How does RealCheeky, LLC Cooperate with Law Enforcement?
May I transfer this Agreement?
The use of the Services and grants by RealCheeky, LLC hereunder are personal to You and may not be assigned, sub-licensed or transferred, in whole or in part, by You, whether by agreement, operation of law, sale, merger, reorganization or change of control of Your company or business.
How do I contact or send notice to RealCheeky, LLC?
RealCheeky, LLC may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on the Site or in the Services, as determined by RealCheeky, LLC in our sole discretion.
RealCheeky, LLC reserves the right to determine the form and means of providing notifications to You.
RealCheeky, LLC is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address You provide us.
All notices, requests or demands to RealCheeky, LLC shall be delivered in writing and shall be deemed given only if delivered personally or sent via overnight delivery to RealCheeky, LLC’s mailing address.
Any legal notice sent by You to RealCheeky, LLC must also be emailed to
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement.
We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
If a counter-notice is received by the Designated Agent, RealCheeky, LLC, may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at RealCheeky, LLC, LLC’s discretion.
Please contact Company’s Designated Agent at the following address:
RealCheeky, LLC, LLC
Attn: Copyright Agent
5030 Ruby Flats Dr
Wimauma, FL 33598
What other terms and conditions apply to this Agreement? No Waiver.
The failure or delay of any party in exercising any of its rights hereunder, including any rights with respect to a breach or default by the other party, shall in no way operate as a waiver of such rights or prevent the assertion of such rights with respect to any later breach or default by the other party.
No party shall be deemed to have waived any rights under these Terms and Conditions by any action or inaction unless an express waiver is set forth in writing.
The waiver of one breach hereunder shall not constitute the waiver of any other or subsequent breach.
Headings and Interpretation. The use in these Terms and Conditions of the word “including” will mean “including, without limitation.”
The use of the singular form of a definition or term also will denote the plural forms of such definition or term, and vice-versa, as in each case the context may require.
There are no third party beneficiaries to these Terms and Conditions, whether express or intended.