Thanks for using REIRail.
Please read these Terms carefully. By using REIRail or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. REIRail (“REIRail” or the “Service”) is an email service offered through the URL www.REIRail.com (we’ll refer to it as the “Website”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients. REIRail is owned and operated by Hoozip, Inc. d/b/a REIRail, a Delaware corporation (“REIRail,” “we,” or “us”). REIRail has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
In order to use REIRail, you must:
By using REIRail, you represent and warrant that you meet all the requirements listed above, and that you won’t use REIRail in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) REIRail may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for REIRail and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for REIRail on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
REIRail charges a one-time Setup Fee to secure your license of the platform. This fee entitles you to a perpetual license of the software and access to system support. It is collected upfront, but refundable if service is cancelled within first 14 days of signup. There is no annual renewal fee.
While REIRail does not have long term service contracts, additional data charges do apply:
Call Minutes/Text Messages/Deep Tracing. Users must select a data plan at signup. Each plan includes an allotment of (i) phone minutes for receiving inbound calls or placing outbound calls, (ii) Deep Trace queries, (iii) SMS text messages, (iv) a pre-set allotment of local tracking numbers and (v) an allotment of free lead pages. Access to these features is covered by your monthly subscription fee. The volume of each is determined by your plan tier (Basic, Pro or Elite).
Subscriptions are billed in arrears, meaning that your invoice will print at the end of each service period. Each billing cycle is 30 days. Each month you will receive a bill or have charges debited from a credit card on file to cover your regular subscription plus any data overage.
Example: A user who signs up on January 1st will be billed for January’s service on January 30th, and will see a credit card charge for the subscription amount on that day. If that user has exceeded the data limits of their service tier, any excess charges will be calculated and the additional amount will be debited within 48 hours of the end of the billing cycle.
Voicemail Drops. All users receive an allotment of free voicemail drops upon signup. Once those complementary drops are exhausted, additional drops must be purchased. Drops are purchased in bundles. Pricing for these bundles can be seen here. Volume discounts may apply.
Skip Tracing. REIRail members have access to our proprietary skip tracing engine and can purchase skips at any time. Pricing is based on volume and can be viewed here.
REIRail provides a 14-day, 100% money back guarantee for all new signups. During this trial period, you may cancel your membership at any time without penalty and receive a refund for your Setup Fee.
Users who cancel during this trial period will only be responsible for the pro-rated portion of the first month’s subscription fee, based on service tier and days of service. Example: a user who signs up on January 1st and requests a cancellation on January 12th, would be refunded their entire Setup Fee. Then at the end of the billing cycle they would be charged for 15 out of 30 days of that first billing cycle.
Cancellations after the conclusion of your 14-day trial are not eligible for a refund of the Setup Fee.
Cancellations in a service month after the initial sign up month are not eligible for prorated refunds of subscription fees.
For any month after the initial month of signup, service may be cancelled at any time. However, the user will be responsible for that month’s subscription fee. Users will continue to have access to REIRail through the end of the billing cycle. They will receive a final bill at the end of that billing cycle and no further billing activity thereafter.
Users may request to upgrade or downgrade their plan tier at any time. The new tier of service will take effect in the next month immediately following the request. The user’s billing date will remain on the same schedule and the new subscription amount will be charged at the end of their first month on the new tier. There is no fee to make this change.
Users may also request to Pause their subscription for up to 90 days. During the paused period, no monthly subscription fees will be charged. The user will also not have access to the REIRail system until service is resumed.
Please note that users who request a Pause during the first month of service waive the ability to request a refund if they resume service more than 14 days after initial signup.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
You may buy Drop Credits to use our RVM Services instead of signing up for a monthly plan. This is explained on the pricing page of our Website. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and other than the monthly payment requirement, all the terms of this Agreement will still apply to you. Drop Credits for Pay as You Go accounts roll over and don’t expire, but if your account is inactive for more than 12 months, it may be deleted.
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
Some features are offered as add-ons to your REIRail account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons, like Skip Tracing, are intended for particular use cases and may have additional terms or restrictions (“Additional Terms.”) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account. If you use Skip Tracing, in violation of our Acceptable Use Policy, then we may charge you at the comparable REIRail pricing tier or terminate your account.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
You will respect our proprietary rights in the Website and the software used to provide REIRail (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws. For example, We study data internally to make our Email Genome Project smarter and create better experiences for senders and subscribers.
You promise to follow these rules:
REIRail does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send an email campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
If you violate any of these rules, then we may suspend or terminate your account.
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a REIRail user, please report it to our abuse team. (The best way to tell whether an email was sent through REIRail is that every REIRail campaign has an embedded Campaign Tracking ID in the header that makes it easy to report suspected spam.) If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy.
You may only use our bandwidth for your REIRail emails. We provide image and data hosting only for your email campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.
You represent and warrant that your use of REIRail will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via REIRail, and collecting information as a result of sending Emails, you:
The software that supports the Services (the “Software”) is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use REIRail for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is The Hoozip, Inc., 1425 H St NE, Washington, DC 20002.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Because we have so many Members, we can’t change these Terms for any one Member or group.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, REIRail, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA, 30308, or any addresses as we may later post on the Website.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about REIRail’s policies.
Updated August 14, 2017