Last updated: April 15, 2018

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Real Lightning website at reallightning.com (the "Service", or "Site") operated by Brilliant Factory, Inc. ("us", "we", or "our").

The purpose of the Site is to allow users to offer real property for sale, rent, or lease; and to offer and promote products and services related to property finance, construction, or maintenance.

By accessing or using any part of the Service, You agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Us from time to time without notice to You. By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of the Terms then You do not have permission to access the Service.

General Use

We offer You access to the website solely for Your personal or commercial use. You agree to only use the website for permitted and legal purposes.

  • You may not copy or "scrape" any content from the website;
  • You may not damage or impair the website or interfere with others' use of the website;
  • You may not obtain or attempt to obtain information not readily available or accessible from the website.

Purchases

All financial transactions between users of the site are conducted outside of this Site. The Company does not control or participate directly in any real estate transactions, or provide any of the related services listed by users of the site, or provide a payment portal for users to conduct such business transactions.

If You wish to purchase any product or service made available by the Service ("Purchase"), You may be asked to supply certain information relevant to Your Purchase including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and if required for supplying physical goods, Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information You supply to us is true, correct and complete.

The Service may employ the use of third party services (for example, PayPal or equivalent) for the purpose of facilitating payment and the completion of Your Purchases from Us. By submitting Your information, You grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel Your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in Your order or if fraud or an unauthorized or illegal transaction is suspected.

Content We Provide

The Site and its contents (text, graphics, information, descriptions, photos, video, or other media), trade dress, Company logo, copyrights, trademarks, literature (collectively "site content") with the exception of uesr-provided content (see "content You Provide" below) are all owned or licensed by the Company.

Content You Provide

Our Service allows You to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that You post on or through the Service, including its legality, reliability, and appropriateness.

For any text, images, or video that You upload or otherwise provide to the Site, You agree to provide true, accurate, and complete information and to refrain from impersonating or falsely representing Your affiliation with any person, entity, or real property.

  • You will post truthful and accurate information;
  • You will not post material unrelated to the Site's purpose, which relates to real estate for sale, lease, or rent, and content unrelated to property finance, construction, or maintenance services;
  • You will not post unlawful, harmful, threatening, abusive, harassing, or otherwise ethically objectionable material;
  • You will not upload or attempt to upload any viruses, malware, trojanware, or anything designed to affect the functionality of any computer hardware or software.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is Yours (You own it) and/or You have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third party posts on or through the Service. However, by posting Content using the Service You grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

Brilliant Factory, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Brilliant Factory, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Mortgages and Loans

The Company may feature financial information and contacts from time to time on the Site. We cannot guarantee any specific results from this information or contacts, and You are encouraged to seek professional financial advice regarding any financial transactions.

Accounts

When You create an account with us, You guarantee that You are above the age of 18, and that the information You provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your account on the Service.

You are responsible for maintaining the confidentiality of Your account and password, including but not limited to the restriction of access to Your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under Your account and/or password, whether Your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Brilliant Factory, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Brilliant Factory, Inc.

Links To Other Websites

Our Service may contain links to third party websites or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third party web sites or services that You visit.

Termination

We may terminate or suspend Your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If You wish to terminate Your account, You may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Applicable Law

These Terms of Service are governed by the laws of the State of Delaware.

Disclaimer of Warranties

You expressly understand and agree that Your use of and reliance upon the use of this website is at Your sole risk, and the website is made available on an "as-is" basis. Company expressly disclaims all warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its vendors, affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to reasonable attorney's fees), resulting from or arising out of any content or breach by You, or Your affiliates, employees and representatives:

  • a) Your use and access of the Service, by You or any person using Your account and password;
  • b) a breach of these Terms, or
  • c) Content posted on the Service.

Limitation of Liability

In no event shall Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

You are using the website at Your own risk and will be solely responsible for damage to Your computer or data loss that may result therefrom.

Copyright

All materials on the Site, as well as the organization and laYout of the Site, are owned and copyrighted or licensed by the Company. No reproduction, distribution, or transmission of the copyrighted materials on the Site is permitted without the express written permission of Company. Any rights not expressly granted herein are reserved.

Trademarks

"Real Lightning" and the "Real Lightning" logo are trademarks of the Company. All trademarks of other entities used in this work are the property of their respective owners.

Equal Housing Opportunity

The Federal Fair Housing Act makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination." The Company is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion sex, handicap, familial status, or national origin.

By posting material to the Site advertising any property, You agree that You are offering such property on an equal opportunity basis. We reserve the right to remove any Content for any or no reason, in our sole discretion.

We do not monitor or enforce equal housing requirements. If You encounter any Content that You feel violates the Federal Fair Housing Act, You may refer to the HUD.gov website: Equal Housing Opportunity information (HUD.GOV)

Disclaimer

Your use of the Service is at Your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Brilliant Factory, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet Your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Service.

Contact Us

If You have any questions about these Terms, please contact us.