IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By installing and/or using Real Safe Agent™ ("Software") you agree that this End User License Agreement (EULA) is a legally binding and valid contract and you agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Your use of Real Safe Agent™ indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Maltese, LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Real Safe Agent in accordance with this Agreement and any other written agreement with Maltese, LLC. Maltese, LLC does not transfer the title of Real Safe Agent™ to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Maltese, LLC and the purchasers or users of Real Safe Agent™

If you do not agree to be bound by this agreement, remove Real Safe Agent™ from your device.

2. DISTRIBUTION

Real Safe Agent™ and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.

3. USER AGREEMENT

3.1 Use

Your license to use Real Safe Agent™ is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Real Safe Agent™.

3.2 Use Restrictions

You shall use Real Safe Agent™ in compliance with all applicable laws and not for any unlawful purpose.

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile any release version of Real Safe Agent™. Nor can you create any derivative works or other works that are based upon or derived from Real Safe Agent™ in whole or in part.

Real Safe Agent™ ‘s name, logo and graphics file that represents Real Safe Agent™ shall not be used in any way to promote products developed with Real Safe Agent™. Maltese, LLC retains sole and exclusive ownership of all right, title and interest in and to Real Safe Agent™ and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Real Safe Agent™, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Maltese, LLC.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Maltese, LLC, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Maltese, LLC Software.

In no event (including, without limitation, in the event of negligence) will Maltese, LLC, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, bodily injury, or pecuniary loss), in connection with or arising out of or related to this Agreement, Real Safe Agent™ or the use or inability to use Real Safe Agent™ or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. You understand and agree that use of Real Safe Agent™ does not obligate you or any other user to use or respond to any features of the system.

3.5 Warranties

Except as expressly stated in writing, Maltese, LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

his Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Real Safe Agent™ and destroy all copies of Real Safe Agent™ supplied under this Agreement.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Real Safe Agent™ AS WELL.

5. Third Party Content. Customer or any Authorized Entity or Authorized User may access Third Party Content while using the Services. Customer understands that Third Party Content is not under the control of Maltese and agrees that Maltese is not responsible for Third Party Content. Maltese provides access to Third Party Content as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. When Customer or any Authorized Entity or Authorized User uses or otherwise links to Third Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. Customer and each Authorized Entity and Authorized User should make whatever investigation Customer or such Authorized Entity or Authorized User feels necessary or appropriate before proceeding with any transaction in connection with such Third Party Content

6. CONSENT OF USE OF DATA

You agree that Maltese, LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Real Safe Agent™. Maltese, LLC may also use this information to provide non-commercial notices to you which may be of use or interest to you.

7. Privacy Policy

This privacy policy governs your use of the software application REAL SAFE AGENT (‘Application”) for mobile devices that was created by MALTESE, LLC. The Application is SYSTEM DESIGNED TO IMPROVE THE SAFETY OF REAL ESTATE AGENTS

The Application obtains user information provided by the user’s employer, Multiple Listing Service, or Realtor Association; that information is the user’s name and email address. This information is provided so that only those users who are members in good standing with their employer, Multiple Listing Service, or Realtor Association can register on the system after downloading and installing REAL SAFE AGENT. Registration with us is optional.

When a user registers with us and uses the Application, the user provides (a) a 4 digit Personal Access Code; and (b) may at their discretion upload their picture and enter the names and phone numbers of prospects, friends, family, and collegues.

We may also use the information provided to contact users from time to time to provide them important information, required notices, and safety information.

Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device, a mobile device’s unique device ID, the IP address of a mobile device, the mobile operating system of the device, the type of mobile Internet browsers used, and information about the way the application is used.

When the mobile application is used, we may use GPS technology (or other similar technology) to determine a users location for the purpose of the safety of the user or another use on the system. A USER CAN ONLY BE LOCATED ON A MAP BY A WATCH COMMANDER USER WHEN THE USER IS EITHER; A) IN SHOWING MODE, B) IN LISTENING WITH PRIVACY TURNED OFF AND THEY ARE IN AN ALERT AREA DURING AN ACTIVE DROP-IN ALERT OR ACTIVE 911 ALERT.

If a user does not wish for their location to be used for the purposes set forth above, the user should turn off the location services for the mobile application located in their account settings or in their mobile phone settings and/or within the mobile application.

 

Unless required by law enforcement, REAL SAFE AGENT does not share any user information with any third parties.

We may disclose User Provided and Automatically Collected Information:

• as required by law, such as to comply with a subpoena, or similar legal process;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• if Maltese, LLC is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

 

A user can stop all collection of information by the Application easily by uninstalling the Application. A usermay use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

We will retain user data provided to us for as long as a user uses the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 1 month unless we have been notified by law enforcement that the information may be needed in connection with a criminal prosecution. If a user would like us to delete user data that has been provided via the Application, they may do so at privacy@realsafeagent.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

We do not use the Application to knowingly solicit data from children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@realsafeagent.com. We will delete such information from our files within a reasonable time.

 

We are concerned about safeguarding the confidentiality of user information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

 

This Privacy Policy may be updated from time to time for any reason. We will notify the user of any changes to our Privacy Policy by posting the new Privacy Policy on www.realsafeagent.com and informing users via email. Users are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. A history of privacy policy changes can be found at www.realsafeagent.com.

 

By using the Application, a user is consenting to our processing of user information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States.

 

If a user has any questions regarding privacy while using the Application, or has questions about our practices, the user can contact us via email at privacy@realsafeagent.com.

© 2015 - 2020 Maltese, LLC

 

Real Safe Wire App End User License Agreement

This End User License Agreement (“Agreement”) is between you and Maltese and governs use of this app made available through the Apple App Store. By installing the Real Safe Wire App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Real Safe Wire App.

In order to ensure Maltese provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as offensive" feature found under each post.

Definitions:

RSW App: The Real Safe Wire iOS or Android application available for download in the App Store or Play Store.

RSW Servers: All application, API, and database servers owned by Maltese that allow the RSW App to function.

RSW Initiator: A registered Real Safe Wire User who initiates a Real Safe Wire process by inviting an RSW Sender and an RSW Receiver to an RSW Room.

RSW Sender: A registered Real Safe Wire User who is party to an RSW Process as the sender of wire instructions.

RSW Receiver: A registered Real Safe Wire User who is party to an RSW Process as the receiver of wire instructions.

RSW Room: An encrypted chat room within the Real Safe Wire App from which the RSW Process is initiated.

RSW Process: A process whereby an RSW Initiator, RSW Sender, and RSW Receiver are exclusive members of an RSW Room, and the RSW Initiator starts the RSW Process followed by the RSW Sender in that room successfully completing a three factor authentication and manually entering wire instructions into the app and submitting, followed by the RSW Receiver in the same RSW Room successfully completing three factor authentication and reading the wire instructions in the app as submitted by the RSW Sender.

1. Parties: This Agreement is between you and Maltese only, and not Apple, Inc. (“Apple”) or Google, Inc. (“Google”) Notwithstanding the foregoing, you acknowledge that Apple or Google and its subsidiaries are third party beneficiaries of this Agreement and Apple or Google has the right to enforce this Agreement against you. Maltese, not Apple or Google, is solely responsible for the Real Safe Wire App and its content.

2. Privacy: Maltese may collect and use information about your usage of the Real Safe Wire App, including certain types of information from and about your device. Maltese may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Real Safe Wire App.

3. Limited License: Maltese grants you a limited, non-exclusive, non-transferable, revocable license to use the Real Safe Wire App for your personal, non-commercial purposes. You may only use the Real Safe Wire App on Apple or Android devices that you own or control and as permitted by the App Store or Play Store Terms of Service.

4. Age Restrictions: By using the Real Safe Wire App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Real Safe Wire App does not violate any applicable law or regulation. Your access to the Real Safe Wire App may be terminated without warning if Real Safe Wire believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Real Safe Wire App, you agree to be bound by this Agreement in respect to your child's use of the Real Safe Wire App.

5. Objectionable Content Policy: Content may not be submitted to Real Safe Wire, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty: Real Safe Wire disclaims all warranties about the Real Safe Wire App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Real Safe Wire, not Apple or Google, shall be solely responsible for such warranty.

7. Maintenance and Support: Real Safe Wire does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Real Safe Wire, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims: Real Safe Wire, not Apple or Google, is responsible for addressing any claims by you relating to the Real Safe Wire App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Real Safe Wire App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property: Claims Real Safe Wire shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Real Safe Wire App. To the extent Real Safe Wire is required to provide indemnification by applicable law, Real Safe Wire, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Real Safe Wire App or your use of it infringes any third party intellectual property right.

10. $1,000,000 USD Guarantee Against Wire Fraud. If Real Safe Wire servers are comprised by a security breach AND that breach is the direct cause of wire instructions entered by an RSW Sender being altered after those wire instructions were submitted by the RSW Sender AND the intended RSW Receiver viewed those altered wire instructions through the Real Safe Wire App, AND the RSW Receiver requested in writing that a bank wire funds from an account under the control of the RSW Receiver to the account listed in the altered wire instructions, AND that sequence of events were the proximate cause of a financial loss of the misdirected funds THEN Maltese will reimburse the RSW Receiver for the amount of the misdirected funds and ONLY the misdirected funds.

 

 

 

By using Real Safe Agent you are agreeing to abide by all Federal, State, and Local Fair Housing Laws.

There are inherent dangers in showing properties alone, and whereas using Real Safe Agent properly will greatly reduce the likelihood of you being attacked by your prospect, no system, device, or practice can completely eliminate the risk of being attacked while showing a property. Furthermore, you nor any other user are obligated to use or respond to any feature of the Real Safe Agent system; including to a drop-in alert.