JUNE 10, 2021

Terms and conditions

Effective Date May 7, 2021 

These Terms and Conditions of Use (these “Terms” ) govern your access to and use of the website  at www.RealDigi.io (the “Website”) and the mobile application,  Advertise.RealDigiAds.com (the “App” and together, with the Website, the “Services”), owned  by RealDigiAds Inc. (“RealDigiAds”, “we”, “us” or “our” ), and constitute a binding legal  agreement between you and us. RealDigiAds Inc is the company and RealDigi Ads is our tool for  creating and managing Google ads campaigns. RealDigi Sites are IDX Real Estate Websites with  a built in CRM. 

Note that Section 21 of these Terms contains a mandatory arbitration provision that requires the  use of arbitration on an individual basis and limits the remedies available to you in the event of  certain disputes. 

By accessing or using the Services, you agree to these Terms. If you do not agree with these Terms,  including the mandatory arbitration provision and class action waiver in Section 21, you are not  authorized to access or use the Services for any purpose. 

  1. Services. 

RealDigiAds provides a platform offering realtors (“Realtors”) Google Search PPC Advertising  with pre-configured settings to assist Realtors in finding potential customers and RealDigi Sites with a CRM to capture and nurture leads. Subscribers are leasing their RealDigi Site with CRM and RealDigiAds Inc. owns the website. Specifically, Realtors  can use the Services to create new real estate campaigns (each, a “Campaign”) and promote listings  on Google. Google uses Machine Learning to show your Campaign to the people most likely to  click on your Campaign and convert to customers on your landing page.  

  1. Subscription and Payment.  

The Services are subscription based with a monthly, semi-annual or annual subscription fee paid  to RealDigiAds (the “Subscription Fee”). You will also be required to provide your billing  information directly to Google Ads for your advertising. You will create and manage Campaigns  on Google Ads using RealDigiAds and set your Google Ads budget of a price per day x 30.4 days  (“Budget”). Google’s cost to advertise is in addition to the Subscription Fee payable to  RealDigiAds.  

Campaigns must be for the same Realtor and on the same URL, and shall be unlimited until you  reach 10 active Campaigns, at which time RealDigiAds will require you to upgrade your account  to an enterprise account (the “Enterprise Account”) to add any additional Campaigns. Enterprise  Accounts are for brokerage firms or larger teams of Realtors. Enterprise Accounts enable you to advertise for multiple Realtors with different URLS. 

You will provide your credit card information upon your registration for use of the Services. We  do not have access to nor retain any of your credit card information as this information is sent  directly to our merchant processor. Monthly fees of your Subscription Fee shall be billed to your  credit card provided. 

RealDigiAds does not offer any refunds as all charges associated with the Services are final. You  agree to our Terms related to cancellations and pausing your account described below and waive  any rights to dispute such charges.  

Any charges incurred by your purchase or use of the Services, will be billed to the credit card we  have on file. In the event you sign up for a Service that is ongoing and incurs reoccurring charges  (such as a subscription), such charges will be billed in advance of service. You agree to provide  us with accurate and complete billing information, including valid credit card information, your  name, address, and telephone number, and to provide us with any changes in such information  within 10 days of the change. You agree to pay additional charges incurred from using your  RealDigi CRM to secure a phone line, SMS messages, telephone calls and emails.  

  1. Affiliate Program.  

As part of the Services, you will have the option of joining our affiliate program (the “Affiliate  Program”) and earning an ongoing commission from any Realtors referred by you so long as such  Realtor subscribes to use the Services.  

  1. Pausing or Cancelling Campaigns.  

You may pause or terminate your subscription with RealDigi Ads at any time. RealDigi Sites require a 6 month commitment. You may not pause  your RealDigi Site but you may terminate your RealDigi Site at any time after the initial 6 month term. 

Such pause or termination will become effective for the following month.  

  1. Timing of Campaigns.  

Once your Campaign has been submitted, Google’s review process begins automatically. During  this process, Google will verify that the link we provided to your destination page (i.e., your  landing page) is working. Campaigns will be in the Google Ads “learning phase” which typically  lasts around 7 days since the last significant edit to such Campaign. Once your Campaign has been  approved, your Campaign will typically start being displayed in approximately 48-72 hours.  Google Ads will not charge for the Campaign until the Campaign is live and someone clicks on  your Campaign. 

None of the time frames referenced above are guaranteed, and RealDigiAds shall have no liability  to you with respect to your Campaign not falling within the time frames referenced above.  

  1. Pausing or Cancelling Your Subscription to RealDigiAds

You may pause or terminate your subscription at any time and such pause or termination will  become effective for the following month.  

As Campaigns are recurring, by pausing your account, your subscription and any active Campaigns  will not renew at the end of your current subscription period. You can activate your subscription on the day you want to restart your subscription from your Account (as defined in Section 9). You  will not be charged while your Account is paused. Billing shall only recommence if you activate  your subscription.  See paragraph 4 for details.

  1. Privacy. 

Please read our Privacy Policy for information about how RealDigiAds collects, uses, and  discloses information through the Services. We reserve the right to modify our privacy policy from  time to time. 

  1. Eligibility. 

The Services are not targeted toward or intended for use by anyone under the age of 18. By using  the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal  resident of the United States, (c) have not been previously suspended or removed from the  Services, or engaged in any activity that could result in suspension or removal from the Services,  (d) do not have more than one RealDigiAds Account (as defined below), and (e) have full power  and authority to enter into these Terms and in so doing will not violate any other agreement to  which you are a party. If you are accessing or using our Services on behalf of another person or  entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf  and that the person or entity agrees to be responsible to us if you or the other person or entity  violates these Terms. 

  1. Accounts, Account Security, and Communication Preferences. 

To access and use the Services, you will need to register for an account (“Account”) by creating a  password and providing your name, address, email address, phone number and name of real estate  brokerage. If you register for an Account, you must provide accurate Account information and  promptly update this information if it changes. You also must maintain the security of your  Account and promptly notify us if you discover or suspect that someone has accessed your Account  without your permission. If you permit others to use your Account credentials, you are responsible  for the activities of such users that occur in connection with your Account. 

By creating an Account, you also consent to receive electronic communications from RealDigiAds (e.g., via email, text message, or by posting notices to the Services). These communications may  include operational notices about your Account (e.g., information from your potential customers,  payment authorizations, password changes and other transactional information) and are part of  your relationship with us. You agree that any notices, agreements, disclosures or other  communications that we send to you electronically will satisfy any legal communication  requirements, including, but not limited to, that such communications be in writing. You should  maintain copies of electronic communications from us by printing a paper copy or saving an  electronic copy. We may also send you promotional communications and informational blogposts  via email, including, but not limited to, newsletters, special offers, surveys and other news and  information we think will be of interest to you. You may opt out of receiving these promotional  emails and informational blogposts at any time by following the unsubscribe instructions provided  therein.

  1. Additional Terms Applicable to Realtors. 

In addition to the other provisions of these Terms, the following provisions apply: 

10.1. Qualifications . You further represent, warrant and covenant that, at the time of registration  and on an ongoing basis, that you (i) satisfy all professional licensing requirements applicable to  the professional services you are providing via the Services, (ii) hold all valid and current licenses  required to provide such services, (iii) are in good standing with each licensure board or other  authority issuing such licenses or otherwise having regulatory authority over you, and (iv) have  not received any notice of cancellation, probation, suspension, revocation or non-renewal of any  licenses required to provide such services. If and for so long as you fail to satisfy the provisions of  this paragraph, you will cease all use of the Services. You will, at our request, cooperate with us  in confirming your professional credentials and compliance with the foregoing representations and  warranties. 

10.2. Independent Contractor . You acknowledge that you are an independent contractor, and that  no agency, partnership, joint venture or employee-employer relationship is intended or created by  these Terms or any relationship between you and RealDigiAds.  

10.3. Confidentiality . To the extent you receive any confidential information of RealDigiAds in  connection with your use of the Services, including but not limited to information concerning fees,  marketing plans, financial results, practices, trade secrets, and any and all other information as  deemed confidential by RealDigiAds which is not generally known to the public, you agree to  protect such information against any unauthorized use or disclosure and to use such information  solely for the purposes for which it was disclosed to you.. 

  1. User Content. 

Our Services will allow you to create Campaigns by providing us with your website URL and  information requested from us regarding such Campaign including without limitation your daily  budget, title of the Campaign and target location (collectively, “User Content”). Except for the  license you grant below, as between you and RealDigiAds, you retain all rights in and to your User  Content. 

You hereby grant RealDigiAds a nonexclusive, royalty-free, worldwide, fully-paid, and sub licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works  from, distribute, and display your User Content in all media formats and channels now known or  later developed without compensation to you. 

If you supply or transmit any User Content via the Services, you represent and warrant to us that  you have the legal right necessary to grant us the license described above, and that such material  will not violate any law or the rights of any person or entity (including without limitation copyright,  trademark, patent, trade secret, or other intellectual property right, or moral right or right of  publicity).

Any User Content uploaded by a Realtor is the sole responsibility of the person that submitted it.  Although RealDigiAds reserves the right to review or remove all User Content on the Services,  we do not necessarily review all of it. As such, we do not take responsibility for any User Content  provided through the Services. 

  1. Appropriate Use of the Services. 

You agree to use the Services in accordance with all applicable local, state, national and foreign  laws, treaties and regulations including without limitation the Fair Housing Act. You will not  violate any contract, intellectual property or other third-party right or commit a tort, and you are  solely responsible for your conduct while accessing or using our Services. You agree to abide by  all Google Ads Policies and TOS. Ad Policies can be read at 


In addition, without limitation, you will not, directly or indirectly, do any of the following while  using or accessing the Services: 

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s Account without authorization from that user and  RealDigiAds; 
  • Use our Services in any manner that could interfere with, disrupt, negatively affect or  inhibit other users from fully enjoying our Services or that could damage, disable,  overburden or impair the functioning of our Services in any manner; 
  • Reverse engineer any aspect of our Services or do anything that might discover source  code or bypass or circumvent measures employed to prevent or limit access to any part  of our Services; 
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access  any feature or area of our Services that you are not authorized to access; 
  • Develop or use any third-party applications that interact with our Services without our  prior written consent, including any scripts designed to scrape or extract data from our  Services; and 
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or  promote any activity that violates these Terms. 

You may also only upload or otherwise share User Content that you have all necessary rights to  disclose. You may not upload, store or share any User Content that: 

  • is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,  harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or  fraudulent; 
  • would constitute, encourage or provide instructions for a criminal offense, violate the  rights of any party or otherwise create liability or violate any local, state, national or  international law including without limitation the Fair Housing Act; 
  • may infringe any patent, trademark, trade secret, copyright or other intellectual or  proprietary right of any party;
  • contains or depicts any statements, remarks or claims that do not reflect your honest  views and experiences; 
  • impersonates, or misrepresents your affiliation with, any person or entity; contains any private or personal information of a third party without such third party’s  consent; 
  • contains any viruses, corrupted data or other harmful, disruptive or destructive files or  content; or 
  • is, in our sole judgment, objectionable or that restricts or inhibits any other person from  using or enjoying our Services, or that may expose RealDigiAds or others to any harm  or liability of any type. 

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete  or remove User Content at any time and for any reason. 

  1. RealDigiAd’s Termination/Cancellation. 

We may change the Services, and the RealDigi Ads and RealDigi Site Content (defined below) at  any time. We may discontinue offering our Services, and we may suspend or terminate your right  to use our Services at any time, in the event that you breach these Terms, for any other reason, or  for no reason at all, in our sole discretion, and without prior notice to you. 

All licenses and other rights granted to you by these Terms will immediately terminate upon  termination of your right to use our Services or our termination of the Services. These Terms will  survive and continue to apply after any suspension, termination, or cancellation, except that your  access rights and other rights as a user will be suspended, terminated or cancelled, respectively. 

  1. Intellectual Property; Limited License. 

The Services, and the text, graphics, images, photographs, videos, illustrations, trademarks, trade  names, service marks, logos, slogans and other content contained therein (collectively, the  “RealDigiAds Content”) are owned by RealDigiAds and are protected under both United States  and foreign laws. Except as explicitly stated in these Terms, RealDigiAds reserves all rights in and  to our Services and the RealDigiAds Content. 

RealDigiAds hereby grants you a limited, nonexclusive, nontransferable, non-sublicensable,  revocable license to access and use our Services and the RealDigiAds Content; provided, however,  that such license is subject to these Terms and does not include any right to (a) sell, resell our  Services and the RealDigiAds Content; (b) copy, reproduce or distribute RealDigiAds Content,  except as expressly permitted by us; (c) modify the RealDigiAds Content, remove any proprietary  rights notices or markings, or otherwise make any derivative uses of our Services and the  RealDigiAds Content; (d) use any data mining, robots or similar data gathering or extraction  methods; and (e) use our Services and the RealDigiAds Content other than for their intended  purposes. Any use of our Services and the RealDigiAds Content other than as specifically  authorized herein, without our prior written permission, is strictly prohibited and will terminate  the license granted herein.

  1. Links to Third Parties. 

The Services may include links to third-party websites, resources and advertisements (collectively,  “Third Party Sites”). We are not responsible or liable for the availability or accuracy of, and  RealDigiAds does not endorse, sponsor, or recommend any Third Party Sites or the content,  products, or services on or available from such Third Party Sites. Your use of Third Party Sites is  at your own risk, and RealDigiAds and its affiliates will not be liable for any of losses arising out  of or relating to Third Party Sites. 

  1. Software Updates 

RealDigiAds may from time to time, in its sole discretion (without obligation), develop and  provide updates for our Services, which may include upgrades, bug fixes, patches and other error  corrections and/or new features (the “Updates”). Updates may also modify or delete in their  entirety certain features and functionality. You agree that RealDigiAds has no obligation to  provide any Updates or to continue to provide or enable any particular features or functionality. 

Portions of the software may not properly operate if you do not install all Updates, so we encourage  you to promptly install all Updates. To that end, based on your mobile device settings, with respect  to the App, when your mobile device is connected to the Internet, either (i) the Updates will  automatically download and install or (b) you may receive notice of or be prompted to download  and install available Updates. For clarity, all Updates are part of the Services and subject to these  Terms. 

  1. Disclaimer of Warranties. 

RealDigiAds is not itself a provider of Realtor services, and any Realtors advertising through use  of the Services are not acting as employees or agents of RealDigiAds. While we enable Realtors  to advertise, we are not responsible for monitoring such information and communications, and we  are not a party to transactions or interactions that may occur between Realtors and potential  customers, whether online or offline. In addition, we are not responsible for and we expressly  disclaim all liability that may result from information made available by Realtors and the conduct  of Realtors, whether online or offline. RealDigiAds does not sponsor, endorse, recommend or  approve of any Realtors. Additionally, we cannot and do not represent or warrant that any Realtor is licensed, qualified, insured or capable of performing any product or service, and we make no  representations or warranties about the expertise, professional qualifications, or quality of work of  any Realtor, or the suitability, reliability or accuracy of the services they provide. 

Your use of the Services and RealDigiAds Content is at your sole discretion and risk. The services  and RealDigiAds Content, are provided on an “as is” and “as available” basis without warranties  of any kind. 

RealDigiAds and its affiliates expressly disclaim all warranties of any kind, express, implied, or  statutory, relating to the Services and RealDigiAds Content, including without limitation the  merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of  dealing, or course of performance.

We do not control, endorse or take responsibility for any User Content on our Services or content  on Third Party Sites linked to by our Services. RealDigiAds makes no warranty, representation or  guarantee with respect to services offered by Realtors, and RealDigiAds specifically disclaims any  warranty, representation or guarantee with respect to the quality, legality or other characteristics  of such services, or with respect to the conduct of any Realtor in connection with such services. 

We make no representations concerning, and do not guarantee, (a) the security, accuracy,  reliability, timeliness and performance of the Services, including, but not limited to, any  RealDigiAds Content or its applicability to your individual circumstances, or (b) that the Services  will be error free or that any errors will be corrected. Our Services and RealDigiAds Content are  developed for use in the United States and RealDigiAds and its affiliates make no representation  or warranty concerning the Services or RealDigiAds Content when they are used in any other  country. 

No advice or information provided to you by RealDigiAds will create any warranty that is not  expressly stated in these Terms. Some jurisdictions do not permit us to exclude warranties in these  ways, so it is possible that these exclusions will not apply to our agreement with you. In such event  the exclusions will apply to the fullest extent permitted under applicable law. 

  1. Limitation of Liability. 

In no event will RealDigiAds, RealDigiAds’s affiliates, and our respective owners, directors,  officers, employees, contractors, agents and representatives, (collectively, “RealDigiAds Parties”)  be liable to you for any damages whatsoever, including without limitation, indirect, incidental,  special, punitive or consequential damages, or any other damages of any kind, including but not  limited to loss of use, loss of data or lost profits, whether in an action in contract, tort (including  but not limited to negligence) or otherwise, including but not limited to any damages caused by or  resulting from reliance on information obtained through the Services or from the conduct of you  or anyone else, whether online or offline, arising out of or in connection with your use of the  Services, or the RealDigiAds Content, whether the damages are foreseeable and whether or not  RealDigiAds has been advised of the possibility of such damages in advance. If you are dissatisfied  with the Services, the RealDigiAds Content, or these Terms, your sole and exclusive remedy is to  discontinue using the Services. If the foregoing is not enforceable against you, in no event will the  cumulative liability of the RealDigiAds Parties to you, whether in contract, tort, or otherwise,  exceed the greater of (i) the aggregate amount you paid RealDigiAds to access or use the Services  in the most recent twelve-month period, or (ii) $50. 

Some jurisdictions do not permit us to limit our liability in these ways, so it is possible that these  limitations will not apply to our agreement with you. In such event the limitations will apply to the  fullest extent permitted under applicable law. 

  1. Indemnification. 

You will indemnify, defend, and hold harmless the RealDigiAds Parties from and against any and  all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not 

limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the  following matters: 

(a) your access to or use of the Services, or the RealDigiAds Content; 

(b) your User Content; 

(c) your violation of any of the provisions of these Terms; 

(d) any activity related to your registration by you or any other person accessing the  Services through your Account, including, without limitation, negligent or  wrongful conduct; 

(e) your conduct in connection with our Services; or 

(f) your violation of any third party right, including, without limitation, any intellectual  property right, publicity, confidentiality, property or privacy right. 

RealDigiAds reserves the right, at our own expense, to assume the exclusive defense and control  of any matter otherwise subject to indemnification by you, in which event you will cooperate with  us in asserting any available defenses. 

  1. Release 

To the fullest extent permitted by applicable law, you release RealDigiAds and the other  RealDigiAds Parties from responsibility, liability, claims, demands, and/or damages (actual and  consequential) of every kind and nature, known and unknown (including, but not limited to, claims  of negligence), arising out of or related to disputes between users and the acts or omissions of third  parties. If you are a California resident, you hereby waive any rights you may have under  California Civil Code § 1542 as well as any other statute or common law principles that  would otherwise limit the coverage of this release to include only those claims which you may  know or suspect to exist in your favor at the time of agreeing to this release. 

  1. Dispute Resolution; Binding Arbitration 

Please read the following Section carefully because it requires you to arbitrate certain disputes and  claims with RealDigiAds and limits the manner in which you can seek relief from us. 

21.1. Binding Arbitration 

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings  (collectively, “Disputes ”) arising out of or related to a violation of Section 12 or Disputes in which  either party seeks to bring an individual action in small claims court or seeks injunctive or other  equitable relief for the alleged unlawful use of intellectual property, including, without limitation,  copyrights, trademarks, trade names, logos, trade secrets or patents, you and RealDigiAds agree  (a) to waive your and RealDigiAds’s respective rights to have any and all Disputes arising from  or related to these Terms, or the Services, resolved in a court, and (b) to waive your and  RealDigiAds’s respective rights to a jury trial. Instead, you and RealDigiAds agree to arbitrate  Disputes through binding arbitration (which is the referral of a Dispute to one or more persons  charged with reviewing the Dispute and making a final and binding determination to resolve it  instead of having the Dispute decided by a judge or jury in court).

21.2. No Class Arbitrations, Class Actions or Representative Actions 

You and RealDigiAds agree that any Dispute arising out of or related to these Terms or the  Services is personal to you and RealDigiAds, and that such Dispute will be resolved solely through  individual arbitration and will not be brought as a class arbitration, class action or any other type  of representative proceeding. You and RealDigiAds agree that there will be no class arbitration or  arbitration in which an individual attempts to resolve a Dispute as a representative of another  individual or group of individuals. Further, you and RealDigiAds agree that a Dispute cannot be  brought as a class or other type of representative action, whether within or outside of arbitration,  or on behalf of any other individual or group of individuals. The arbitrator does not have the power  to vary these class action waiver provisions. 

21.3. Federal Arbitration Act 

You and RealDigiAds agree that these Terms affect interstate commerce and that the enforceability  of this Section 21 shall be both substantively and procedurally governed by and construed and  enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the  maximum extent permitted by applicable law. 

21.4. Notice; Informal Dispute Resolution 

You and RealDigiAds agree that each party will notify the other party in writing of any arbitrable  or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt  in good faith to resolve the Dispute informally. Notice to RealDigiAds shall be sent by certified  mail or courier to 3912 South Ocean Blvd, Ste 911, Highland Beach, FL 33487. Your notice must  include (a) your name, postal address, telephone number and/or mobile phone number, the email  address you use or used for your RealDigiAds Account and, if different, an email address at which  you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute,  and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in  accordance with Section 9, and will include (x) our name, postal address, telephone number and  an email address at which we can be contacted with respect to the Dispute, (y) a description in  reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking.  If you and RealDigiAds cannot agree how to resolve the Dispute within thirty (30) days after the  date notice is received by the applicable party, then either you or RealDigiAds may, as appropriate  and in accordance with this Section 21, commence an arbitration proceeding or, to the extent  specifically provided for in Section 21.1, file a claim in court. 

21.5 Process 

Except for Disputes arising out of or related to a violation of Section 12 or Disputes in which  either party seeks to bring an individual action in small claims court or seeks injunctive or  other equitable relief for the alleged unlawful use of intellectual property, including, without  limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and  RealDigiAds agree that any Dispute must be commenced or filed by you or RealDigiAds within one (1) year of the date the Dispute arose, otherwise the underlying claim is 

permanently barred (which means that you and RealDigiAds will no longer have the right  to assert such claim regarding the Dispute). 

You and RealDigiAds agree that (a) any arbitration will occur in the State of Florida, Palm Beach  County, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with  the rules of the Judicial Arbitration and Mediation Services (“ JAMS ”), which are hereby  incorporated by reference, and (c) that the state or federal courts of the State of Florida and the  United States, respectively, sitting in the State of Florida, Palm Beach County, have exclusive  jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a  Dispute in the small claims court located in the county of your billing address if the Dispute meets  the requirements to be heard in small claims court. 

21.6. Authority of Arbitrator 

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a)  the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding  a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to  grant any remedy that would otherwise be available in court; provided, however, that the arbitrator  does not have the authority to conduct a class arbitration or a representative action, which is  prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not  consolidate more than one individual’s claims, preside over any type of class or representative  proceeding or preside over any proceeding involving more than one individual. Notwithstanding  any other provision of this Section 21, any and all issues relating to the scope, interpretation and  enforceability of the class action waiver provisions contained in this Section 21, are to be decided  only by a court of competent jurisdiction, and not by the arbitrator. 

21.7. Rules of JAMS 

The rules of JAMS and additional information about JAMS are available on the JAMS website.  By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read  and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and  any claim that the rules of JAMS are unfair or should not apply for any reason. 

21.8. Severability 

If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so  held to the minimum extent required by law, and all other terms, clauses and provisions of this  Section 21 will remain valid and enforceable. Further, the waivers set forth in Section 21.2 are  severable from the other provisions of these Terms and will remain valid and enforceable, except  as prohibited by applicable law. 

21.9. Opt-Out Right 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first  accepted these Terms by writing to: RealDigiAds at 3912 South Ocean Blvd, Ste 911, Highland  Beach, FL 33487. In order to be effective, the opt out notice must include your full name and 

clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration,  you are agreeing to resolve Disputes in accordance with Section 21. 

  1. Governing Law; Venue. 

These Terms and our relationship with you will be governed by the laws of the State of Florida,  excluding its choice of laws rules. You and RealDigiAds each irrevocably agrees that any Dispute  between the parties that is not subject to arbitration or cannot be heard in small claims court, shall  be resolved on an individual basis exclusively in the U.S. District Court for the Southern District  of Florida, or the state courts located in Palm Beach County, Florida. You and RealDigiAds each  irrevocably consents to the personal jurisdiction of these courts and waives any and all objections  to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing,  however, you and RealDigiAds agree that RealDigiAds may commence and maintain an action or  proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If  any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties  nevertheless agree that the court should endeavor to give effect to the parties’ intentions as  reflected in the provision, and the other provisions of the Terms remain in full force and effect. 

  1. Miscellaneous. 

The Services may contain typographical errors or other inaccuracies and may not be complete or  current. RealDigiAds reserves the right, but does not have the obligation, to correct any errors,  inaccuracies, or omissions and to change or update information at any time without prior notice to  you.  

These Terms, along with any additional terms and conditions incorporated herein, constitute the  entire agreement between you and us relating to the Services and the RealDigiAds Content,  replacing any prior or contemporaneous agreements, whether written or oral, unless you have  signed a separate written agreement with us relating to our Services or the RealDigiAds Content.  If there is any conflict between the Terms and a separate signed written agreement between you  and us relating to our Services or the RealDigiAds Content, the signed written agreement will  control. 

We reserve the right to change our Terms at any time. Any changes that we make will become a  part of our agreement with you when they are posted to our Services. Your continued use of our  Services will constitute your agreement to the changes we have made. The last date these Terms  were revised is set forth at the top of these Terms. 

The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any  court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is  invalid or unenforceable, then the invalid or unenforceable provision will be removed from the  Terms or reformed by the court and given effect so as to best accomplish the essential purpose of  the invalid or unenforceable provision, and all of the other provisions of the Terms will continue  to be valid and enforceable. Nothing contained in these Terms will limit the ability of a party to  seek an injunction or other equitable relief without posting any bond. The titles of the Sections of  these Terms are for convenience only and will have no legal or contractual effect.

  1. Contacting Us. 

We encourage you to contact us at support@realdigiads.com if you have any questions concerning  our Terms. 


If you access the App via a mobile device or tablet branded by Apple, Inc. (“Apple ”) and running  Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms ”) are  hereby made part of these Terms: 

  • Conflicting Terms. If these Apple Device Additional Terms conflict with any other  provision of these Terms, then the Apple Device Additional Terms shall control with  respect to access and use of the Services via an Apple Device. 
  • Agreement with RealDigiAds, Not Apple. You acknowledge that these Terms are an  agreement between RealDigiAds and you, and not with Apple. RealDigiAds, not  Apple, is solely responsible for the App and the content thereof. If these Terms are less  restrictive with respect to the App or otherwise conflict with, the Apple App Store  Terms of Service (the “ App Store Terms of Service”), the App Store Terms of Service  shall apply to the extent of any conflict. 
  • Scope of License. The license granted to use the App is limited to a non-transferable  license to use the App on an Apple Device that you own or control and as permitted by  the usage rules set forth in the App Store Terms of Service. 
  • Maintenance and Support. You acknowledge that Apple has no obligation whatsoever  to furnish any maintenance and support services with respect to the App. If  RealDigiAds decides (in its sole discretion) to provide support and maintenance  services for the App, RealDigiAds is solely responsible for providing such services. 
  • Warranty. In the event of any failure of the App to conform to any applicable warranty  provided by RealDigiAds in these Terms, you may notify Apple and Apple will refund  the purchase price for the App (if any) and, to the maximum extent permitted by  applicable law, Apple will have no other warranty obligation whatsoever with respect  to the App and any other claims, losses, liabilities, damages, costs or expenses  attributable to any failure to conform to any warranty is RealDigiAds’s sole  responsibility. Notwithstanding the foregoing, RealDigiAds is not obligated to provide  any warranty with respect to the App and you acknowledge and agree that this  paragraph will not have any effect on the warranty disclaimers provided in these Terms. 
  • Product Claims. You hereby acknowledge that RealDigiAds, not Apple, is responsible  for addressing your or any third-party claims relating to the App and/or use of the App,  including, but not limited to: (i) product liability claims; (ii) any claim that the App fails  to conform to any applicable legal or regulatory requirement; and (iii) claims arising  under consumer protection or similar legislation. Note that, pursuant to the limitation  of liability provision set forth in these Terms, these Terms will not limit RealDigiAds’s  liability beyond what is permitted by applicable law. 
  • Intellectual Property Rights. You acknowledge that, in the event of any third party  claim that the App or your possession and use (in accordance with these Terms) of the 

App infringes that third party’s intellectual property rights, RealDigiAds, not Apple, is  solely responsible for the investigation, defense, settlement and discharge of any such  intellectual property infringement claim. 

  • Legal Compliance. You represent and warrant that (i) you are not located in a country  that is subject to a U.S. Government embargo, or that has been designated by the U.S.  Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S.  Government list of prohibited or restricted parties. 
  • Third Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s  subsidiaries, are third-party beneficiaries of these Terms with respect to the App, and  that, upon your acceptance of these Terms, Apple has the right (and deemed to have  accepted the right) to enforce the Terms against you with respect to the App as a third  party beneficiary thereof. 

Questions or Complaints. Please address your questions, complaints or claims with  respect to the App to RealDigiAds at support@realdigiads.com.