Terms of Service
Date of Last Revision: May 7, 2026
Acceptance of These Terms of Service
These Terms of Service (as amended from time to time, these "Terms of Service") form a binding agreement between you and RealQuant Consulting LLC, a Delaware limited liability company doing business as "RealQuant Labs" ("RealQuant Labs," "Labs," "we," "us," or "our"). These Terms of Service govern your access to and use of (i) the website available at https://labs.realquant.ai (together with any successor site, the "Site"); (ii) the Excel-based tools, workbooks, and add-ins made available through the Site (collectively, the "Tools"); and (iii) all services, content, features, updates, and functionalities offered on or through the Site or the Tools (collectively with the Site and the Tools, the "Service"). By downloading, installing, accessing, browsing, or otherwise using the Site, the Tools, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not download, install, access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will also notify you of any material changes through the Service user interface, email, or other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions.
IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE AS AN INDIVIDUAL: PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST REALQUANT LABS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Service Description: RealQuant Labs provides AI implementation, custom technology builds, data infrastructure, reporting automation, and strategic advisory services to commercial real estate investment firms. The Service also includes the Tool Library (free Excel-based utilities) and Excel-based add-ins.
Your Privacy: RealQuant Labs respects the privacy of its users. For more information please see our Privacy Policy, located at /privacy (the "Privacy Policy"). By using the Service, you consent to our collection, use, and disclosure of personal data and other data as outlined therein.
Engagement Agreements: Paid consulting engagements (including Discovery, Build, Operate, Scale, and Strategy & Advisory engagements) are governed by separately-executed statements of work, master services agreements, or other written engagement agreements (each, an "Engagement Agreement"). In the event of any conflict between these Terms of Service and an Engagement Agreement signed by both parties, the Engagement Agreement controls with respect to the engagement work.
Additional Terms: When using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Conditions of Access and Use
User Conduct:
You are solely responsible for all code, video, images, information, data, text, software, messages, and other materials ("content") that you make available to RealQuant Labs through the Service (collectively, "User Content").
The following are examples of the kinds of content and uses that are illegal or prohibited. RealQuant Labs reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending content, suspending or terminating access, and reporting violations to law enforcement. You agree not to use the Service to:
- communicate, upload, or generate any content that (i) infringes any intellectual property or other proprietary rights of any party (including any rights of privacy); (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable; or (vii) is intended to misinform, misrepresent, or mislead;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- violate any applicable local, state, national, or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Service, including through the use of virtual private networks;
- engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods;
- decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying algorithms of any compiled or password-protected portion of the Service or the Tools (including the VBA project of any workbook), except to the extent such restriction is prohibited by applicable law; or
- use the Service or any output of the Service to develop, market, or operate a product that competes with the Service.
If you are blocked by RealQuant Labs from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking.
Service Content:
You acknowledge and agree that the Service contains content, features, and other materials ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws and that are owned by RealQuant Labs, RealQuant Inc., or their respective licensors. Except as expressly authorized, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. As between you, RealQuant Labs, and RealQuant Inc., the applicable RealQuant entity owns and will at all times retain ownership of the Service Content.
User Content:
You represent and warrant that you own all right, title, and interest in and to your User Content, including all copyrights, trademarks, and rights of privacy and publicity contained therein, and that you have provided any required notices and obtained any required consents to upload, store, transmit, use, or otherwise process User Content via the Service in accordance with applicable laws. You hereby grant RealQuant Labs and its successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, store, modify, and otherwise use your User Content (a) in connection with the operation of the Service; (b) to provide, develop, and improve the Service; and (c) as otherwise set forth in our Privacy Policy. You assume all risk associated with your User Content and have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content.
Feedback; Submissions:
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Submissions") provided by you to RealQuant Labs are non-confidential, and RealQuant Labs (and, where applicable, RealQuant Inc. as licensor of the underlying technology) will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
Tool Library
The Site offers free Excel-based utilities and downloadable workbooks (collectively, the "Tool Library"). The Tool Library is provided as a courtesy and is subject to the terms in this section in addition to the rest of these Terms of Service.
Free Tools; No Service Levels:
Tool Library workbooks are made available at no charge. RealQuant Labs offers no service-level commitment, uptime guarantee, support, maintenance, bug-fix, update, or compatibility obligation of any kind with respect to the Tool Library. Tool Library workbooks may be modified, deprecated, withdrawn, or discontinued at any time, without notice and without liability.
Third-Party Data; Bring-Your-Own API Keys:
Certain Tool Library workbooks contain macros that retrieve data from third-party services, including services operated by Environmental Systems Research Institute, Inc. ("ESRI") and the United States Census Bureau. Tool Library workbooks do not include or distribute any third-party credentials. To use the data-retrieval functionality, you must independently obtain a valid API key under a separate agreement directly with the applicable third-party provider. You are solely responsible for: (a) obtaining and maintaining a valid third-party account and API key; (b) all credits, fees, overage charges, rate limits, throttling, suspensions, and other consequences arising from use of such key; (c) compliance with the third-party provider's master agreement, terms of use, acceptable-use policies, and applicable third-party data licenses; and (d) the security, scoping, rotation, and revocation of your API key. RealQuant Labs has no visibility into, control over, or responsibility for your third-party accounts, usage, or charges, and disclaims any and all liability arising therefrom.
Macros; Security; User Environment:
Tool Library workbooks are delivered as macro-enabled Microsoft Excel files (.xlsm) and require you to enable Visual Basic for Applications (VBA) macros in order to function. Enabling macros carries inherent security considerations. You are solely responsible for evaluating the workbook in accordance with your own organization's information-security, IT, and acceptable- use policies prior to enabling macros, and for ensuring the workbook is operated only on properly licensed and secured systems running supported versions of Microsoft Excel.
Data Limitations; No Reliance:
Outputs generated by Tool Library workbooks (including demographic, income, education, tenure, growth-projection, geocoding, and drive-time outputs) may be incomplete, delayed, approximate, modeled, estimated, or unavailable, and are subject to changes in source methodology, vintage, geographic coverage, and third-party service availability. Outputs are directional only and must be independently verified. Tool Library workbooks shall not be used as the sole basis for any underwriting, acquisition, disposition, financing, leasing, valuation, compliance, regulatory, employment, fair-housing, fair-lending, or other business or legal decision.
Privacy; No Personal or Regulated Data:
You shall not input or transmit through any Tool Library workbook any personal data, personally identifiable information, protected health information, consumer financial information, or other information subject to GDPR, CCPA/CPRA, GLBA, HIPAA, the Fair Credit Reporting Act, or comparable U.S. or non-U.S. data-protection or consumer-protection laws, except where you have independently established a lawful basis under your own privacy program and the applicable third-party provider's terms. RealQuant Labs is not a data controller, processor, business, service provider, or covered entity with respect to any data you enter into a Tool Library workbook.
Tool License:
Subject to your compliance with these Terms of Service, RealQuant Labs grants you a perpetual (for so long as these Terms of Service are not terminated), worldwide, royalty-free, non-exclusive, non-sublicensable, revocable license to use Tool Library workbooks for your and your organization's internal business purposes, including: (i) running the macros against your own third-party credentials; (ii) modifying, customizing, extending, or adapting workbooks to fit your workflow; (iii) linking, referencing, copying, or incorporating workbook outputs and customized versions into your own underwriting models, financial models, investment memoranda, presentations, dashboards, and client deliverables (collectively, "User Materials"); and (iv) creating derivative works of workbooks for the foregoing internal purposes ("Internal Derivatives"). You may share unmodified copies of workbooks, Internal Derivatives, and User Materials with employees, contractors, and affiliates of your organization, and with your clients, joint-venture partners, lenders, investors, advisors, and counterparties in connection with specific transactions or engagements. As between you, RealQuant Labs, and RealQuant Inc., you own all data outputs and User Materials generated through your use of workbooks against your own inputs and credentials, subject to any rights of third-party data providers in the underlying source data.
Restrictions:
Notwithstanding the foregoing, you shall not, and shall not permit any third party to: (a) sell, license, sublicense, rent, lease, or otherwise commercially redistribute any Tool Library workbook or any Internal Derivative as a stand-alone product or template; (b) publicly post, publish, or upload any Tool Library workbook or any substantially similar Internal Derivative to any website, public repository, marketplace, or content platform; (c) decompile, disassemble, reverse-engineer, or otherwise attempt to derive the source code or underlying algorithms of any compiled or password-protected portion of any workbook (including the VBA project), except to the extent such restriction is prohibited by applicable law; (d) remove, obscure, or alter the RealQuant or RealQuant Labs name, logo, copyright notice, or Legal Disclaimer tab from any copy of a workbook that is shared outside your organization; or (e) use any Tool Library workbook or any Internal Derivative to develop, market, or operate a product that competes with the Tool Library or the Service.
Intellectual Property Rights
Trademarks:
The names and logos "RealQuant," "RealQuant Labs," and related design marks (collectively, the "RealQuant Marks") are trademarks and service marks owned by RealQuant Inc. and licensed to RealQuant Consulting LLC. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any RealQuant Mark without prior written permission. All goodwill generated from the use of the RealQuant Marks will inure to the exclusive benefit of RealQuant Inc.
Third-Party Material:
Under no circumstances will RealQuant Labs be liable in any way for any content or materials of any third parties, including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. RealQuant Labs does not pre-screen content but reserves the right (without obligation) in its sole discretion to refuse or remove any content available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Usage Data:
You authorize RealQuant Labs and its third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and to derive statistical and usage data therefrom (collectively, "Usage Data"). RealQuant Labs may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Access and Use of the Service
Registration; Email Submissions:
You may be required to provide an email address (and, in some cases, additional contact information) in order to download Tool Library workbooks or to access certain features. You agree to provide and maintain true, accurate, current, and complete information. Email addresses and related information are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Service only with the express consent of your parent or guardian.
Modifications to Service:
RealQuant Labs reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. RealQuant Labs will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Competitors:
No employee, independent contractor, agent, or affiliate of any competing firm developing AI implementation services, technology builds, data infrastructure, or strategic advisory for commercial real estate is permitted to view, access, or use any portion of the Service without express written permission from RealQuant Labs. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of RealQuant Labs, or acting on behalf of a competitor, in using or accessing the Service.
Export Controls:
RealQuant Labs is operated from the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The Service and the Tools are subject to United States export controls. The Service and the Tools may not be downloaded, accessed, exported, or re-exported in violation of U.S. export laws or regulations, including the U.S. Export Administration Regulations (EAR) and regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. sanctions, and are not identified on any U.S. government list of restricted or prohibited parties.
Third-Party Services and Websites
The Service may provide links or other access to services, sites, technology, and resources provided by third parties (the "Third-Party Services"), including but not limited to ESRI, the United States Census Bureau, Microsoft Azure, Microsoft 365, Resend, and others. Your access to and use of Third-Party Services may be subject to additional terms and conditions, privacy policies, or other agreements with such third party. RealQuant Labs has no control over and is not responsible for Third-Party Services, including the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You will be responsible for any and all costs and charges associated with your use of any Third-Party Services. RealQuant Labs enables Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation.
Confidentiality (Engagements)
During the course of any consulting engagement governed by an Engagement Agreement, both parties may share confidential information. Unless otherwise specified in the applicable Engagement Agreement, each party agrees to maintain the confidentiality of information received from the other party and to use such information only for purposes related to the engagement. The provisions of this section apply only to engagement work and are without prejudice to any additional confidentiality obligations contained in an Engagement Agreement.
Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless RealQuant Labs and its respective officers, employees, members, managers, directors, service providers, licensors (including RealQuant Inc.), and agents (collectively, the "Labs Parties"), from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to: (a) your use or misuse of the Service or any Tool Library workbook; (b) your third-party accounts, API keys, or third-party data charges; (c) any decision made or action taken in reliance on outputs of the Service or any Tool Library workbook; (d) any User Content; (e) your violation of these Terms of Service, applicable law, or any third party's rights; or (f) any data you input into or transmit through the Service. RealQuant Labs will provide notice to you of any such claim, suit, or proceeding. RealQuant Labs reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section, and you agree to cooperate with reasonable requests assisting RealQuant Labs's defense. You may not settle any such claim against the Labs Parties without RealQuant Labs's written consent.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING THE TOOL LIBRARY AND ALL MACROS, FORMULAS, TEMPLATES, OUTPUTS, AND ASSOCIATED MATERIALS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE LABS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
THE LABS PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE PRODUCED, GENERATED, OR OTHERWISE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, CURRENT, COMPLETE, OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OUTPUTS, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY OUTPUT GENERATED OR PRODUCED BY THE SERVICE DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING, APPRAISAL, VALUATION, BROKERAGE, LENDING, INVESTMENT, FIDUCIARY, OR ANY OTHER FORM OF PROFESSIONAL ADVICE, AND YOU MUST NOT RELY ON THE SERVICE OR ANY OUTPUT FOR PROFESSIONAL ADVICE OR COUNSEL. ANY OUTPUT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LABS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS (EVEN IF THE LABS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO: (A) THE USE OR INABILITY TO USE THE SERVICE OR ANY TOOL LIBRARY WORKBOOK; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. BECAUSE THE TOOL LIBRARY IS PROVIDED FREE OF CHARGE, IN NO EVENT WILL THE LABS PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00). THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "INDEMNIFICATION," "DISCLAIMER OF WARRANTIES," AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
For Users Entering Into These Terms of Service as Individuals:
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and RealQuant Labs, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. By entering into these Terms of Service, you and RealQuant Labs are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND REALQUANT LABS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND REALQUANT LABS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM, EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Most concerns can be resolved quickly by emailing us at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to RealQuant Labs should be sent to: RealQuant Consulting LLC, 169 Madison Ave, Suite 15535, New York, NY 10016 (the "Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If we do not resolve the claim within sixty (60) calendar days after the Notice is received, you or RealQuant Labs may commence an arbitration proceeding.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit https://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Unless we agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, RealQuant Labs agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner of arbitration, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any such fees are not specifically allocated under the AAA Rules, RealQuant Labs and you will split them equally; provided that if you are economically unable to pay your portion, RealQuant Labs will pay your portion. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, RealQuant Labs will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term, and this Arbitration Agreement will be enforceable as so modified. If a court or arbitrator decides that any of the provisions of subsection (b) are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless those provisions are deemed invalid or unenforceable solely with respect to claims for public injunctive relief.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, RealQuant Labs agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending RealQuant Labs written notice within thirty (30) calendar days of the change to the Notice Address provided above.
For Users Entering Into These Terms of Service on Behalf of an Entity:
You and RealQuant Labs intend that these Terms of Service are to be construed and enforced in accordance with the laws of the State of Delaware without regard to any conflict-of-law or choice-of-law rules. Any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined through confidential binding arbitration before one arbitrator, administered by AAA pursuant to its Commercial Arbitration Rules. The seat of arbitration shall be Wilmington, Delaware. Judgment on the award may be entered in any court of competent jurisdiction.
Termination
RealQuant Labs, in its sole discretion, may suspend or terminate your access to the Service for any reason, including for lack of use or if RealQuant Labs believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. RealQuant Labs may also discontinue providing the Service, or any part thereof, with or without notice. Termination may be effected without prior notice. RealQuant Labs will not be liable to you or to any third party for any termination of your access to the Service. The provisions of these Terms of Service that by their nature should survive termination (including, without limitation, the Tool Library, Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, and General sections) shall survive any termination or expiration of these Terms of Service.
General
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and RealQuant Labs governing your access and use of the Service, and supersede any prior agreements between you and RealQuant Labs with respect to the Service (other than a separately-executed Engagement Agreement, which controls with respect to engagement work). These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and RealQuant Labs submit to the personal and exclusive jurisdiction of the state and federal courts located within Wilmington, Delaware. The failure of RealQuant Labs to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings. You may not assign these Terms of Service without the prior written consent of RealQuant Labs, but RealQuant Labs may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. RealQuant Labs will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond RealQuant Labs's reasonable control.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). You may contact us at RealQuant Consulting LLC, 169 Madison Ave, Suite 15535, New York, NY 10016.
U.S. Government Restricted Rights
The Service is made available to the U.S. government with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service by the U.S. government constitutes acknowledgement of the proprietary rights of RealQuant Labs and its licensors (including RealQuant Inc.) in the Service.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.