These Terms of Use apply to all websites that are owned, operated, and maintained by or for QReal LLC (“we,” “us,” or “our”) such as www.qreal.io, www.tryo.io and other websites on which these Terms of Use are linked (“Site”) as well as your use of the services we provide and other transactions and engagements you might have with us such as use of our mobile application (collectively, “Services”).
These Terms of Use together with the Privacy Policy (collectively, “Terms”) set forth the legally binding terms governing your use of the Site and Services unless you enter into a separate agreement with us for specific Services or in respect of specific transactions, such as a merchant, partner or affiliate transaction, in which case that Agreement will govern your relationship with us in connection with the contracted Services.
By entering this Site or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site or the Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully. The Site and Services are intended for use only by citizens and legal permanent residents of the United States of America residing within the United States of America 18 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Site or using the Services.
We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Site or Services. If a change to the Terms is material, as determined by us in our sole discretion, we will provide at least fourteen (14) days’ notice prior the effective date of the change via a post on the Site and/or email to you. By not terminating your relationship with us prior to the effective date of the change, you acknowledge and agree that you shall be bound by the updated Terms. We suggest periodically visiting this page of the Site to review these Terms.
You represent and warrant that you are the person you claim to be in your interactions with us, the Site, and Services. You must maintain a current up-to-date email address, mailing address, and phone number associated with your account at all times. You will use the Site and Services in compliance with all applicable laws and regulations and you will not use them to defraud, harm, or impersonate another person.
With respect to certain Services, you may be permitted to create your own login information on the Site by completing the online registration process. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation.
If you create a login, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.
You agree that you will not repost content from the Site or Services to social media in a manner that would reasonably infringe copyright or trademark law or otherwise violate someone else's rights or other applicable law. You agree that you will not use the Site or Services to transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person. You also agree that you will not use the Site or Services to transmit communications containing material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory. You will not use the Site or Services to commit fraud, engage in criminal activity, violate any applicable law or regulation, or interfere with the use of the Site or Services by others. We reserve the right, but are under no obligation, to review your communications and without notice terminate your access to and use of the Site or Services if we determine, based on our sole discretion, that you violated the foregoing user guidelines.
We and third party services we utilize will maintain certain data that you transmit as part of the Site and Services for purposes of managing the Site and Services and providing the Site and Services to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we shall have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Site and Services.
We may suspend or terminate your use of the Site or Services at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Site or Services.
The Site and Services provides information about certain third party products. Nothing on our Site constitutes an offer to sell a specific product to you. Information on the Site about products and services is subject to change without notice and we do not warrant its completeness, accuracy, or currency. This Site and Services shall not be used or relied upon by you as a substitute for information that is available to you from any of the third party websites and services accessible from the Site and Services for the purchase of such products. The products seen in our Site and Services do not provide information about sizing and fit, and as such should be reviewed by the user on the respective third party website.
Any product purchased from any third party website or service linked to the Site or within the Services is subject to the applicable terms and conditions of sale of such third party, or such third party website or service (the “Product Terms of Sale”). If there is a conflict between these Terms of Use and the Product Terms of Sale, these Terms of Use will govern as it relates to use of the Site and Services and the Product Terms of Sale will govern as it relates to such product purchase. You are solely responsible for reviewing the Product Terms of Sale and any updates or modifications thereto.
The Site and Services are provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES AND ANY THIRD PARTY SITES AND SERVICES WHICH MAY BE ACCESSIBLE BY HYPERLINK FROM THE SITE AND SERVICES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays, or errors in the transmission or delivery of any communications, information, materials, or services through the Site or Services. To the extent a jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.
We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Site or Services or any website linked to the Site or Services.
Any third party product names, logos, brands, and other trademarks or images featured or referred to within the Site and Services and/or on any social media forum are the property of their respective trademark owners. These trademark owners are not affiliated with us. These trademark owners do not sponsor or endorse the Site or Services. Further, we expressly disclaim any affiliation, sponsorship, or any partnerships with any registered trademarks unless otherwise stated. Should you have any questions or concerns please contact us at legal@tryo.io.
All content within the Site and Services, including, without limitation, any images, text, sound, photos, custom graphics, button icons, photographs, videos, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site and Services constitute trade dress and are either our property or, to the extent necessary, are used on the Site or Services with permission. The absence of our name or logo on such materials does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo.
All content within the Site and Services, including, without limitation, any images, text, sound, photos, custom graphics, button icons, photographs, videos, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site and Services constitute trade dress and are either our property or, to the extent necessary, are used on the Site or Services with permission. The absence of our name or logo on such materials does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo.
If you believe that any material on this Site infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:
Qreal, LLC
Attn: Mike Cadoux, Managing Director
15 West 38th Street
12th Floor
New York, New York 10018
Email address: hello@qreal.io
We require that you provide a written or email notice. In your notice, please include:
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
We may need to contact you to obtain additional information prior to acting on your notice, and you give us permission to do so. Upon receiving actionable notice that any material on the Sites infringes a copyright, we will remove such material subject to applicable law. If we receive a counternotice, we will forward it to the person who requested removal. We do not investigate or resolve copyright disputes.
IN NO EVENT WILL WE OR OUR AFFILIATES, VENDORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OUR AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OF SOME LIABILITIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Terms are governed according to the laws of the State of New York, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought solely in the state or federal courts located in New York, New York and the parties agree to the jurisdiction thereof.
You will defend, indemnify, and hold us and our affiliates, vendors, service providers, officers, directors, owners, employees, contractors, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, “Losses”) arising out of or related to (i) any breach or alleged breach of these Terms by you; (ii) your violation of any applicable law or regulation; or (iii) your negligence or willful misconduct.
The Site or Services may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those sites. We are not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsements on any other sites to which the Site or Services may be linked or from which the Site or Services may be accessed. Further, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.
We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.
The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.
If you have any questions about the Site, our Services, or the products we offer, please contact us using the information below or via our contact us form.
Qreal, LLC
Attn: Mike Cadoux, Managing Director
15 West 38th Street
12th Floor
New York, New York 10018
Email address: hello@qreal.io
Any dispute or claim relating in any way to your use of the Site or our Services will be adjudicated in the state or federal courts in New York, New York, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.