Effective Date: 6-29-2026

The RealTourVision.com website and its associated services, features, software, and content (collectively, the “Services” or the “Website”) are owned and operated by RTV, Inc. (“RTV,” “we,” “us,” or “our”), a Michigan corporation with its principal place of business in Traverse City, Michigan. RTV has adopted this Terms of Service Agreement (“Agreement”) to inform you (“User(s)”) of your rights and obligations when accessing or using the Services. If you do not agree with any part of this Agreement, you are expressly prohibited from using the Services and must discontinue use immediately.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING BROWSING THE WEBSITE, CREATING AN ACCOUNT, OR REGISTERING FOR A WEBINAR, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

RTV may, from time to time and in its sole and absolute discretion, modify, update, or replace this Agreement. In the event of any such modification, the Effective Date above will be updated, and material changes will be communicated where required by law. Your continued use of the Services after the Effective Date of any modification constitutes your acceptance of the revised Agreement. If you do not agree to the modified terms, you must discontinue use of the Services.

Definitions

As used in this Agreement:

• “Account” means the login portal that End Users and Clients may use to access the Software or order and manage Photography Services.
• “Client(s)” means any individual or business that purchases Photography Services from RTV.
• “End User(s)” means any individual or business that purchases Software from RTV.
• “Photography Services” means professional photography services provided by RTV, including photos, aerial drone video, and premium virtual tours, that can be ordered by Clients.
• “Services” means the Website and any associated services, software, features, or content made available by RTV, including the virtual tour gallery, webinars, and access to the Software.
• “Software” means the Real Tour Vision virtual tour software, Tour Management System, Virtual Tour Builder Kit, and the subscription services (including RTV Plus and RTV Plus Pro) that End Users purchase. Your purchase and use of the Software and subscription services are also governed by the RTV Software as a Service Agreement presented at signup and login.
• “User(s), “you,” or “your”” means all individuals who visit, view, or access the Website or register for a webinar, including Clients and End Users.

About the Services

RealTourVision.com provides information about and access to RTV’s Software and Photography Services. Through the Services, Users can learn about RTV’s products and services, request a quote for Photography Services, create an Account, create virtual tours and property websites, register for educational webinars, explore the virtual tour gallery containing tours created using RTV’s Software, and more.

Warranties and Representations

By accessing or using the Services, you represent, warrant, and agree to the following:

You have the legal right and capacity to enter into this Agreement and to comply with its terms. You represent that you are a human individual who is at least eighteen (18) years of age.

All information you submit to the Services is, to the best of your knowledge, current, accurate, and complete. You agree to promptly update such information if it becomes outdated or incorrect. You acknowledge that the submission of false, misleading, or incomplete information may result in suspension or termination of your access to the Services.

You agree to use the Services only in accordance with all applicable local, state, national, and international laws, rules, and regulations, including those relating to intellectual property, privacy, data protection, consumer protection, anti-money laundering, and sanctions compliance. You will not use the Services in any manner that infringes upon, misappropriates, or otherwise violates the rights of any third party.

You acknowledge that the Services are operated within the United States and are not intended for access or use from jurisdictions where such access or use is unlawful. You represent that you are not located in, or a national or resident of, any jurisdiction subject to comprehensive U.S. trade sanctions, including Cuba, Iran, North Korea, Syria, or the Crimea region. You also represent that you are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List.

RTV reserves the right, but not the obligation, to monitor the Services for violations of this Agreement, to take appropriate legal action against anyone who violates this Agreement, and to otherwise manage the Services in a manner designed to protect RTV’s rights and property and to facilitate the proper functioning of the Services.

Accounts

Visiting and using the Website, registering for live webinars, and creating a trial Software account are free. End Users and Clients may create an Account by purchasing Software or Photography Services. Users may purchase some items, such as virtual staging, without creating an Account. You represent that all information provided during registration is accurate, current, and complete, and you agree to maintain and promptly update it.

You are responsible for keeping your Account credentials secure, are solely responsible for all activity under your Account, whether authorized or not, and agree to notify RTV immediately of any unauthorized access. RTV reserves the right, in its sole discretion and without prior notice or liability, to suspend, restrict, or terminate any Account for any reason, including violation of this Agreement, and to prohibit re-registration following termination.

End Users and Clients may cancel or delete their Account by contacting RTV at [email protected]. If an Account is canceled, RTV is under no obligation to preserve data and will not be responsible for any loss of data, except as provided in the Privacy Policy. RTV recommends that you maintain your own backup of information, including any images or videos, submitted to the Services.

Minimum Age

The Services are intended for business and professional use and solely for individuals who are at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into this Agreement. RTV does not knowingly provide the Services to, or collect personally identifiable information from, persons under eighteen (18) years of age.

Availability; Beta Features

RTV will make commercially reasonable efforts to maintain access to the Services. However, RTV may suspend, restrict, or disable access to the Services or any part thereof at any time and without notice, including for maintenance, updates, security patches, or events beyond its control, such as network failures, third-party service outages, force majeure events, legal or compliance obligations, or denial-of-service attacks. RTV makes no guarantee regarding availability, uptime, or uninterrupted access, and has no obligation to maintain or support the Services for any minimum period.

RTV may, from time to time, offer access to features or versions of the Services that are classified as beta (“Beta Services”). RTV makes no representations that any Beta Services will ever be made generally available and reserves the right to discontinue or modify any Beta Services at any time without notice. Beta Services are provided AS IS and may contain bugs, errors, or other defects. Your use of any Beta Services is at your sole risk.

Ownership and License

You acknowledge and agree that RTV is the sole and exclusive owner of, or otherwise possesses valid rights in and to, the Services and all elements thereof, including the codebase, software architecture, content, APIs, documentation, interfaces, text, design, artwork, graphics, metadata schemas, look and feel, layout, and all content, trade dress, and branding. The Services are protected by U.S. and international laws, including copyright, trademark, trade secret, and other intellectual property laws. You are expressly prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Services, in whole or in part, without the prior written consent of RTV.

RTV grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-assignable, and revocable license to access and use the Services for their customary and intended purposes, in accordance with this Agreement. This license does not include the right to: (a) resell or commercially exploit the Services or any portion thereof; (b) create derivative works of the Services; (c) use data mining, robots, scrapers, or similar extraction tools; (d) reverse engineer, decompile, or disassemble any portion of the Services; (e) use the Services for benchmarking, competitive intelligence, or to develop any competing product or service; (f) use the Services to train, fine-tune, or evaluate any artificial intelligence or machine-learning model; or (g) use the Services for any purpose not expressly authorized herein. Violation of this Agreement will result in termination of this license. All rights not expressly granted herein are reserved to RTV.

All RTV trademarks, including REAL TOUR VISION, RTV, and all RTV logos, and all photographs featured on the Services (unless otherwise stated), are the property of RTV. The Services, including their look and feel, color selections, layout, and arrangement, constitute the trade dress of RTV. You are prohibited from using RTV’s trademarks, service marks, or trade dress, or any colorable imitation thereof, without RTV’s prior written consent.

Website Use and Your Responsibilities

You may use the Services only as expressly permitted under this Agreement and solely for their intended purpose. You understand and agree that the Services are provided AS IS and AS AVAILABLE and may be updated, modified, suspended, or discontinued at any time, in whole or in part, without notice and without liability. When contacting RTV or creating an Account, you agree to receive email notifications from RTV and third parties as described in our Privacy Policy; marketing emails contain an unsubscribe feature. You have an ongoing duty to keep the information in your Account truthful, current, and accurate. You are prohibited from providing information that impersonates another person, is offensive or obscene, or violates the rights of a third party. RTV reserves the right to restrict, monitor, suspend, disable, or delete a User’s information at any time, in its sole discretion, without prior warning.

User Generated Content

Users may submit content to the Services, including text, photos, videos, virtual tours, property websites, and music (collectively, “User Generated Content” or “UGC”), to create virtual tours, property websites, social media videos, and flyers, to fulfill Photography Services requests, and for other purposes.

You retain all ownership rights in the User Generated Content you submit. By submitting User Generated Content to the Services, you grant RTV a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, modify, adapt, process, back up, and otherwise use that content solely as reasonably necessary to provide, maintain, secure, support, improve, and operate the Services. RTV will not publicly display, advertise, market, sell, or license non-public User Generated Content for promotional purposes without your separate consent, except where the content has been intentionally submitted for public display, such as content posted to public areas of the Services or licensed by you for inclusion in the virtual tour gallery. Content posted to public areas of the Services will be publicly visible, and RTV does not guarantee any confidentiality with respect to such submissions.

You represent and warrant that:

• you own or have all necessary rights, licenses, and permissions to submit your content;
• the content does not infringe the intellectual property, privacy, publicity, or other rights of any third party;
• the content is not false, misleading, defamatory, obscene, or unlawful;
• the content complies with this Agreement and all applicable laws; and
• you have obtained all necessary consents from any third parties depicted or identified in your User Generated Content.

You are solely responsible for your User Generated Content. RTV acts solely as a repository of data and makes no guarantee as to the validity, accuracy, or legal status of any User Generated Content. Any feedback or suggestions you provide regarding the Services become the exclusive property of RTV.

RTV has no obligation to monitor or pre-screen User Generated Content but reserves the right, in its sole discretion and without notice or liability, to remove, edit, block, or refuse any User Generated Content and to terminate the access of any User, including repeat infringers. RTV will terminate the Accounts of Users determined to be repeat copyright infringers in accordance with 17 U.S.C. Section 512(i).

Electronic Communications

Visiting the Services or making any contact to RTV or through the Services constitutes electronic communications. You consent to receive electronic communications from RTV, including via email, in-app message, or other electronic means, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You waive any rights or requirements under any laws that require an original non-electronic signature or the delivery or retention of non-electronic records.

Pricing and Payments

Prices for services or products available through the Services are subject to change at any time without notice. RTV reserves the right to revise, suspend, or discontinue any aspect of the Services, including pricing, at any time, and will not be liable for any such change. In the event of a pricing error, RTV may cancel or refuse the associated transaction and will refund any amount collected for the incorrect price. All pricing is listed in U.S. Dollars. Certain features operate on a credit- or token-based system, as disclosed at the time of purchase; the terms governing Project Credits and subscription services are set forth in the RTV Software as a Service Agreement. Fees are generally non-refundable except as expressly provided in this Agreement or the applicable separate agreement.

By submitting payment, you represent that your payment information is current, accurate, and complete; that you are authorized to use the payment method; and that you will pay all amounts due, including applicable taxes. RTV uses third-party payment processors, including Authorize.Net, to facilitate transactions, and by using a processor you agree to its separate terms. RTV is not liable for delays, failures, or errors caused by third-party payment platforms. RTV has a no-refund policy for virtual staging and archived webinar purchases; refund policies for Software purchases and Photography Services are set forth in the separate agreements entered into by End Users and Clients.

Prohibited Uses

You expressly agree that you will not use the Services to violate any law or the rights of third parties, or for any use outside the customary and intended purposes of the Services. Specifically, you are prohibited from posting or transmitting content that:

• infringes the intellectual property rights of others, including posting or sharing content that belongs to someone else;
• uses the name, image, or likeness of any individual without their express consent, including the names or images of celebrities or public figures;
• discloses confidential information obtained through use of the Services;
• disparages, tarnishes, or otherwise personally attacks other Users or RTV staff;
• threatens or encourages bodily harm or destruction of property, or is offensive, defamatory, derogatory, pornographic, or obscene;
• promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, disability, or any other protected characteristic;
• incites any illegal activity or unlawful sexual solicitation;
• relates to weaponry, controlled substances, gambling, or debt collection;
• impersonates another person or entity, or is fraudulent, inaccurate, or misleading;
• constitutes spam, a phishing scam, a pyramid scheme, or a chain letter; or
• is intended to collect personal or personally identifiable information from others.

You are further prohibited from:

• selling, transferring, or sublicensing your Account or any rights under this Agreement;
• using automated tools, bots, scripts, scrapers, spiders, crawlers, or other non-human means to access or interact with the Services;
• attempting to circumvent, disable, or interfere with any security, access control, or authentication features of the Services;
• imposing a disproportionate or unreasonable load on the Services’ infrastructure or servers;
• reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying structure of any portion of the Services;
• framing, mirroring, or embedding the Services within any other website or application without prior written consent;
• using the Services for benchmarking, competitive intelligence, or to develop any product or service that competes with the Services;
• attempting to access another User’s Account or any non-public portion of the Services;
• uploading or transmitting spyware, viruses, malware, web bugs, or other harmful or disruptive code;
• harassing, intimidating, or threatening RTV personnel, contractors, or other Users;
• using the Services to train, fine-tune, or evaluate any artificial intelligence or machine-learning model without RTV’s prior written consent; or
• suggesting or implying an affiliation with or endorsement by RTV that does not exist.

You may report violations to [email protected].

Artificial Intelligence Features

RTV may provide artificial-intelligence-assisted tools and services, including image processing, listing descriptions, photo editing, content generation, marketing assistance, workflow recommendations, and automated communications. You acknowledge that AI-generated output may contain inaccuracies, errors, omissions, biases, or unexpected results. You remain solely responsible for reviewing, approving, and validating all AI-generated content before use, publication, distribution, or reliance. RTV does not guarantee the accuracy, completeness, legality, suitability, or effectiveness of AI-generated output and reserves the right to modify, suspend, or discontinue any AI feature at any time without notice.

Copyright Policy and DMCA

The Services and all RTV-owned content are © 2026 RTV, Inc. All rights reserved. RTV respects the intellectual property rights of others. Users are prohibited from posting content that violates another party’s intellectual property rights. If you believe a user of the Services has infringed your copyright, please provide RTV with a notice of copyright infringement that complies with Section 512 of the Digital Millennium Copyright Act. Upon receipt of a compliant notice, RTV will act with commercial reasonableness to remove or disable access to the allegedly infringing content and will make a good-faith effort to notify the uploader, who may submit a counter-notification. A notice submitted with a material misrepresentation may result in liability for damages under federal law.

A notice of copyright infringement must include:

• the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• identification of the copyrighted work alleged to be infringed;
• the location of the work on the Services;
• your contact information, such as an address, telephone or fax number, or email address;
• a statement that you have a good-faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
• a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

A counter-notification must include:

• identification of the specific materials that have been removed from the Services;
• your contact information, such as an address, telephone or fax number, or email address;
• a statement, under penalty of perjury, that you have a good-faith belief that the content was removed as a result of mistake or misidentification;
• a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if outside the United States, the federal courts located in the State of Michigan;
• a statement that you will accept service of process from the notifying party; and
• your physical or electronic signature.

Notices and counter-notifications may be submitted to:

RTV, Inc.

ATTN: DMCA Agent

1844 Oak Hollow Drive, Suite A, Traverse City, MI 49686

With a copy emailed to [email protected]

RTV will terminate the Accounts of Users determined to be repeat copyright infringers in accordance with 17 U.S.C. Section 512(i).

Mobile Devices

The Services are accessible via mobile device. To the extent you access the Services through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. RTV is not responsible for any data usage, roaming charges, or mobile-related fees or errors that occur while accessing the Services via a mobile device.

Section 230 of the Communications Decency Act

You acknowledge and agree that RTV is an interactive computer service provider under Section 230 of the Communications Decency Act. Although RTV may edit, remove, or control content displayed through the Services, you agree that RTV will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties.

Third-Party Services and Links

The Services may contain links to, or integrate with, third-party websites, applications, or services that RTV does not own or control, including payment processors, domain registrars, email and SMS providers, social media platforms, analytics providers, artificial-intelligence providers, CRM providers, and hosting providers. RTV is not responsible or liable for the content, availability, uptime, pricing, policies, or security of any third-party service, and its inclusion of any such link or integration does not constitute endorsement. Your use of any third-party service remains subject to that provider’s own terms. RTV does not endorse any commercial product, process, service, expert, or website, and the views expressed by affiliates or contributors do not necessarily reflect those of RTV.

SMS / MMS Mobile Messaging Program Terms

This section governs your participation in RTV’s SMS/MMS mobile messaging program (the “Program”) and may also be published as a standalone SMS Terms document.

Consent; Opt-In. You may choose to receive SMS/MMS messages from RTV by affirmatively opting in through a website form, account registration, support or demo request, or onboarding. By opting in, you expressly consent to receive messages, which may include account notifications, appointment or photography job updates, technical support responses, billing notices, system alerts, product announcements, and marketing messages where permitted by law, at the number associated with your opt-in.

CONSENT IS NOT REQUIRED AS A CONDITION TO PURCHASE GOODS OR SERVICES FROM RTV.

Message and Data Rates; Frequency. Standard message and data rates may apply. Message frequency varies based on your interaction with RTV.

Opt-Out; Help. You may opt out at any time by texting STOP or UNSUBSCRIBE; you will receive one final confirmation message. Text HELP for assistance or contact [email protected]. Email is not an acceptable method of opting out.

Disclaimer. RTV will not be liable for any delays or failures in the receipt of mobile messages. The Program is offered on an AS-IS basis, may not be available in all areas at all times, and delivery is subject to effective transmission by your mobile carrier. Carriers are not liable for delayed or undelivered messages.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. RTV DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. RTV PROVIDES THE SERVICES ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. RTV WILL NOT BE LIABLE FOR ANY CONTENT POSTED ON THE SERVICES, ANY THIRD-PARTY LINKS OR CONTENT, ANY ERROR, OMISSION, INTERRUPTION, DELETION, OR DEFECT, OR ANY NETWORK, INTERNET, OR SOFTWARE MALFUNCTION. RTV ALSO DOES NOT GUARANTEE LEAD GENERATION, LEAD CONVERSION, SEARCH ENGINE RANKINGS, WEBSITE TRAFFIC, REVENUE, MARKETING PERFORMANCE, OR ANY OTHER BUSINESS RESULT. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THIS EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

RTV WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SERVICES, INCLUDING LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, AND INCLUDING LOST LEADS, LOST SALES OR APPOINTMENTS, LOST MARKETING OR BUSINESS OPPORTUNITIES, LOST OR CORRUPTED DATA, EMAIL OR SMS DELIVERY FAILURES, CRM OUTAGES, ARTIFICIAL-INTELLIGENCE ERRORS, OR THIRD-PARTY SERVICE OUTAGES. THE MAXIMUM AMOUNT RTV CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT YOU PAID, IF ANY, FOR PRODUCTS OR SERVICES THROUGH THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND IN NO CASE WILL THAT AMOUNT EXCEED $100.00 USD. IF NO AMOUNT IS PAID BY YOU TO RTV, YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, IN WHICH CASE THIS LIMITATION MAY NOT APPLY.

Indemnification

You agree to hold harmless, indemnify, and defend RTV, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, and actions of any kind, including property damage, infringement, personal injury, and death, that directly or indirectly arise out of or relate to:

• your use of the Services;
• your provision or use of any services through the Services;
• your reliance on advice provided through the Services;
• your submission of User Generated Content;
• your marketing or communications activities conducted through the Services, including any claim under the Telephone Consumer Protection Act or the CAN-SPAM Act;
• your violation of this Agreement or any applicable law; or
• your violation of the rights of a third party.

Your obligation to defend RTV does not give you the right to control RTV’s defense; RTV may control its defense and choose its counsel. This indemnification obligation survives termination of this Agreement.

Term and Termination

This Agreement remains in full force and effect so long as the Services are in operation. RTV may terminate this Agreement without liability at any time, without notice, and for any reason, including your violation of this Agreement. Upon termination, your right to use the Services will immediately cease, and RTV will have no obligation to maintain or preserve any Account data except as required by law or our Privacy Policy.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, RTV RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

Termination does not relieve you of any obligations accrued prior to termination. The following provisions survive termination: Ownership and License, User Generated Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

No Assignment

You are prohibited from assigning your rights and obligations under this Agreement. RTV may assign its rights and obligations at any time, including in a sale of the Services or a change-of-control transaction.

Governing Law

This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of Michigan, without giving effect to any conflict-of-law principles. The parties submit to and agree to personal jurisdiction in Michigan, with venue proper in Grand Traverse County, Michigan. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is excluded from this Agreement.

Jurisdiction, Governing Law, and Resolution of Disputes via Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

(a)  Applicability. Except as specifically provided herein, any dispute, controversy, or claim arising out of or relating in any way to this Agreement and your use of the Services, including the breach, termination, enforcement, interpretation, or validity of this Agreement and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis. This Arbitration Agreement applies to you and RTV and to their respective affiliates, agents, employees, predecessors, successors, and assigns.

(b)  Informal Resolution. Before initiating arbitration, the complaining party must send a written Notice of Dispute describing the claim and the relief sought. Notices to RTV must be sent to [email protected] or to RTV, Inc. at the address below (Attention: Legal). The parties will attempt to resolve the dispute informally for thirty (30) days after the Notice is received.

(c)  Arbitration Rules; FAA Governance. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (for consumer disputes) or Commercial Arbitration Rules (for non-consumer disputes), as applicable.

(d)  Delegation. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of it is void or voidable. The arbitration shall be binding with no right of appeal.

(e)  Arbitrator; Location; Format. The arbitration shall be conducted before a single neutral arbitrator selected in accordance with the AAA Rules and shall be held in Grand Traverse County, Michigan, unless otherwise agreed. For claims under $10,000, you may elect to proceed by telephone, videoconference, or written submission. The arbitrator shall apply Michigan substantive law and applicable federal law, shall issue a written award, and the award may be entered as a judgment in any court of competent jurisdiction.

(f)  Arbitration Fees. RTV will pay all AAA filing, administration, and arbitrator fees for any arbitration it initiates. For arbitrations you initiate, RTV will pay all fees that exceed what you would pay to file a comparable claim in a court of general jurisdiction in your state of residence, provided the claim is not frivolous. Each party otherwise bears its own attorneys’ fees and costs unless applicable law or the arbitrator provides otherwise.

(g)  Class Action and Jury Waiver.  THE PARTIES WAIVE THEIR RIGHTS TO A TRIAL BY JURY AND TO BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT CLAIM.

(h)  Mass Arbitration Batching. If twenty-five (25) or more similar demands for arbitration are filed by or with the assistance of the same law firm or coordinated group, the AAA shall administer them under its Mass Arbitration Supplementary Rules, or the parties will negotiate a batching protocol in good faith.

(i)  Confidentiality. All aspects of the arbitration proceeding, including the award, shall be strictly confidential, except as necessary to enforce this Arbitration Agreement or an award or to seek injunctive or equitable relief.

(j)  Injunctive Relief; IP Carve-Out. Either party may seek temporary restraining orders, preliminary injunctions, or other provisional equitable relief in a court of competent jurisdiction to prevent irreparable harm or protect intellectual property pending arbitration. Nothing in this Agreement requires arbitration of any claim to enforce or protect RTV’s intellectual property rights or any claim for injunctive relief, which RTV may bring in any court of competent jurisdiction.

(k)  Small Claims Court. Either party may bring an individual action in small claims court.

(l)  Opt-Out Right. You may opt out of this Arbitration Agreement by sending written notice to [email protected] within thirty (30) days of the date you first agree to this Agreement, including your name, the email associated with your Account, and a clear statement that you are opting out. If you opt out, all other provisions of this Agreement remain in effect.

(m)  Limitation on Actions.  RTV AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR IT IS PERMANENTLY BARRED.

(n)  Survival; Severability. This Arbitration Agreement survives termination of your relationship with RTV. If any part is found unenforceable, it shall be severed and the remainder shall continue in effect; provided that if the class action waiver is found unenforceable in a particular proceeding, the entire Arbitration Agreement shall be null and void with respect to that proceeding only, which may proceed in a court of competent jurisdiction.

Property and Virtual Tour Gallery; Photos and Videos

End Users regularly share photographs, videos, virtual tours, and property websites created through the Software to other websites, social media, search engine results pages, and elsewhere. RTV may, from time to time, feature some of these on the Website’s virtual tour gallery via a license from its End Users. RTV is not liable under any legal theory, including privacy laws, for photographs, videos, and virtual tours appearing anywhere on the internet that feature property no longer for sale. If you own property featured using RTV’s photographs, videos, virtual tours, or property websites and would like them removed, please contact RTV at [email protected] with a link to the content you would like removed.

Multiple Listing Services (MLS)

RTV’s Software automatically generates a series of links for each virtual tour that are generally Internet Data Exchange (IDX) compliant. There are varying degrees of brand restriction associated with each IDX linking option. End Users should check with their local MLS to determine which linking options meet their requirements; failure to do so may result in removal of the virtual tour from the listing and possible fines. It is the End User’s responsibility to be aware of the branding restrictions set by their local MLS before submitting virtual tours. RTV is not liable for any fines imposed by an MLS for violation of MLS branding regulations.

Separate Agreements for Software and Photography Services

End Users, all users of the Software, and Clients agree that they will be additionally bound by separate agreements pursuant to their purchase and use of the Software and Photography Services, including the RTV Software as a Service Agreement. Any User that independently contracts with RTV to provide Photography Services is also bound by a separate agreement.

Miscellaneous

Severability. If any provision of this Agreement is found invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, if not possible, severed, and the remaining provisions shall remain in full force and effect.

No Waiver. No term will be deemed waived and no breach consented to unless the waiver or consent is in writing and signed by the party to be charged.

Construction; Force Majeure. This Agreement shall not be construed against RTV as the drafter. RTV shall not be liable for any failure or delay in performance resulting from any cause beyond its reasonable control. Nothing in this Agreement creates a joint venture, partnership, employment, or agency relationship.

Integration. RTV incorporates its Privacy Policy and any other policies posted on the Services into this Agreement. This Agreement and its incorporated policies constitute the entire agreement between the parties with respect to use of the Services. Additional provisions appearing in any communication from you will not bind RTV.

Reservation of Rights. RTV reserves all rights not expressly granted herein.

California Residents Notice

In accordance with California Civil Code Section 1789.3, California residents using the Services may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Child Online Privacy Protection Act

The Services are not directed to persons under the age of eighteen (18), and RTV will not knowingly collect personally identifiable information from anyone under the age of eighteen (18) for the creation of User Accounts. If RTV inadvertently collects such information, it will delete the information in accordance with applicable law and the Privacy Policy.

Notice

Any notice required by this Agreement must be in writing and sent to:

RTV, Inc.

1844 Oak Hollow Drive, Suite A, Traverse City, MI 49686

[email protected]