Welcome to Refitified.com, operated by Refitified, LLC (“Refitified,” “we,” “our,” or “us”). Refitified provides integrated marketing solutions for real estate agents and brokers, including fusion photography, 3D model scanning, stabilized video, floor plan creation, online virtual tours, property websites, ePrint platforms, and printed marketing materials (collectively, the “Services”). By using Refitified's Services, you agree to these terms and conditions (the “Terms of Use”) and confirm that you have read and accepted the following provisions. Any written agreement between you and Refitified regarding Services (“Services Agreement”) shall incorporate these Terms of Use.
Your Use of the Services :
You may use the Services if you are 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent and are fully competent to enter into and be bound by these Terms of Use. If you are under the age of 18, you are not authorized to use the Services. You represent that you are the individual or legal entity purchasing the Services hereunder.
Usernames, Passwords, and Account Information :
To open an Account or make purchases of Services through Refitified.com, you must register and provide accurate contact and other information. You are responsible for maintaining the confidentiality of your username and password. If you become aware of any unauthorized use of your account, notify Refitified immediately. Refitified reserves the right to terminate access if unauthorized use is suspected.
The Subject Property :
You represent that you are the owner or authorized agent of the property related to the Services provided by Refitified. You acknowledge that both you and the property owner are bound by these Terms of Use.
Changes :
Photography shoots may be rescheduled or canceled in writing without penalty more than 24 hours before the scheduled time. Any changes or cancellations made less than 24 hours prior may incur a fee. It is your responsibility to ensure the property is ready for the photography shoot.
Payment :
Unless otherwise specified in a Services Agreement, payment is due in full at the time of scheduling a photography shoot. Full payment constitutes acceptance of these Terms of Use. You and any party you represent are jointly responsible for full payment.
Grant of Rights in the Property :
You grant Refitified a non-exclusive, perpetual, royalty-free right to use, create, reproduce, display, and distribute any intellectual property rights in the property for providing the Services.
Ownership of Work Product :
Refitified owns all rights to the Work Product developed in connection with the Services. You are granted a limited, non-transferable license to use the Work Product for marketing purposes related to your property listings.
Media Hosting :
Refitified provides media hosting for up to 12 months. After 12 months, additional fees may apply. You may retrieve media before the 12-month period ends, but additional storage fees may be incurred for extended hosting.
Representations and Warranties :
You represent that you have obtained all necessary consents and permissions to grant rights to Refitified for the use of the property in the Services.
Disclaimer of Warranties :
Refitified provides the Services on an “as is” basis without warranty of any kind. Some jurisdictions may limit or not allow the disclaimer of warranties, in which case the above disclaimers may not apply to you.
Limitation on Liability :
Refitified shall not be liable for any direct, indirect, or consequential damages arising from the use of the Services.
Indemnification :
You agree to defend, indemnify, and hold harmless Refitified from any claims or liabilities arising from your breach of these Terms of Use or your use of the Services.
Feedback :
Any suggestions or feedback provided by you to Refitified may be used by Refitified without obligation.
Class Action Waiver :
All arbitration shall be conducted on an individual basis. Class actions are not permitted.
Arbitration Opt-Out :
You may opt out of arbitration by notifying Refitified in writing within 30 days of registering for the Services.
Governing Law and Venue :
These Terms of Use shall be governed by the laws of Washington, DC, Maryland, or Virginia, and any litigation shall be conducted in courts located within these jurisdictions.
Entire Agreement :
These Terms of Use, along with the Services Agreement, constitute the entire agreement between you and Refitified regarding your use of the Services.
Severability :
If any provision of these Terms of Use is deemed unlawful, it will not affect the validity of the remaining provisions.
Waiver :
Failure to enforce any rights under these Terms of Use does not constitute a waiver of such rights.
Assignability :
You may not assign these Terms of Use to any third party without the prior written consent of Refitified.
Contact Information :
By using the Services, you consent to being contacted by Refitified via the contact information provided during registration. If you wish to opt out of marketing communications, please email us at sales@refitified.com.
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