Legal
Terms & Conditions
Effective Date: 20 April 2025 · Last Updated: 20 April 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Railway Media Limited, a company incorporated in Hong Kong ("Railway Media", "we", "us", or "our"), governing your access to and use of the website americanrealestatemarketing.com (the "Site") and any services made available through it.
By accessing or using the Site — including by completing the assessment quiz or submitting the lead capture form — you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Site.
2. Eligibility
The Site is intended for use by real estate agency owners, brokers, and professionals operating in the United States who are aged 18 or older and have the legal capacity to enter into binding agreements. By using the Site, you represent and warrant that you meet these requirements.
The Site is not intended for use by consumers seeking personal real estate services, nor by individuals under the age of 18.
3. Description of Service
The Site provides a free online assessment quiz designed to evaluate a real estate agency's current listing acquisition activity and marketing needs. Upon completion of the quiz and submission of the lead capture form, Railway Media Limited will:
- Transmit your contact information and quiz responses to the Partner for follow-up regarding their real estate marketing services.
- Facilitate the scheduling of a discovery call between you and the Partner via an embedded Calendly booking widget.
Railway Media Limited provides no guarantee that the Partner will contact you, that any services will be offered to you, or that any particular results will be achieved. The assessment and growth plan references on the Site are illustrative and based on aggregated industry data; individual results will vary.
4. Lead Submission and Consent to Contact
By completing and submitting the assessment form on the Site, you expressly:
- Consent to Railway Media Limited sharing your personal information (including name, email address, phone number, agency name, and quiz responses) with the Partner.
- Consent to being contacted by the Partner via email, phone, or other means for the purpose of discussing their real estate marketing services.
- Acknowledge that Railway Media Limited acts solely as an intermediary and is not a party to any agreement between you and the Partner.
You may withdraw your consent to being contacted by emailing us at [email protected]. Note that withdrawal of consent does not affect the lawfulness of any processing carried out prior to withdrawal, and you must also contact the Partner separately to opt out of their communications.
5. Partner Services, Pricing, and Refunds
Any real estate marketing services offered to you following your lead submission are provided solely by the Partner and are subject to the Partner's own terms and conditions, pricing, and refund and cancellation policies.
Railway Media Limited is not responsible for and makes no representations or warranties regarding:
- The quality, availability, or fitness for purpose of the Partner's services.
- Any pricing, fees, or payment terms charged by the Partner.
- Any refund, cancellation, or dispute resolution process of the Partner.
All disputes relating to the Partner's services must be directed to the Partner directly. Railway Media Limited shall have no liability in connection with such disputes.
6. Accuracy of Information on the Site
The statistics, case studies, testimonials, and performance figures referenced on the Site (including references to average listing volumes, revenue multipliers, and client retention rates) are provided for illustrative purposes only and are based on aggregated data. They do not constitute a guarantee or warranty of any specific outcome for your agency.
We make reasonable efforts to keep the information on the Site accurate and up-to-date, but we do not warrant that the Site is free from errors, omissions, or inaccuracies.
7. Intellectual Property
All content on the Site — including text, graphics, logos, quiz content, and design elements — is the property of Railway Media Limited or its licensors and is protected by applicable intellectual property laws. You may not reproduce, copy, distribute, or create derivative works from any content on the Site without our prior written consent.
8. Prohibited Conduct
You agree not to:
- Submit false, misleading, or fraudulent information through the assessment form.
- Use the Site for any unlawful purpose or in violation of any applicable laws or regulations.
- Attempt to gain unauthorised access to any part of the Site or its underlying systems.
- Interfere with or disrupt the operation of the Site or servers or networks connected to the Site.
- Scrape, crawl, or use automated means to collect data from the Site without our prior written consent.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
9. Disclaimers
THE SITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
RAILWAY MEDIA LIMITED DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAILWAY MEDIA LIMITED AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THESE TERMS, EVEN IF RAILWAY MEDIA LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL RAILWAY MEDIA LIMITED'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO RAILWAY MEDIA LIMITED IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED HONG KONG DOLLARS (HKD 100).
11. Indemnification
You agree to indemnify, defend, and hold harmless Railway Media Limited and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Site; (b) your violation of these Terms; (c) any information you submit through the Site; or (d) your violation of any applicable law or the rights of any third party.
12. Third-Party Links and Services
The Site may contain links to third-party websites or embed third-party services (including Calendly). These links and services are provided for convenience only. Railway Media Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party services you use.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts of Hong Kong. You irrevocably submit to the personal jurisdiction of such courts for the purpose of litigating any such dispute.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site with an updated "Last Updated" date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
15. Severability and Entire Agreement
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Railway Media Limited with respect to your use of the Site and supersede all prior agreements and understandings.
16. Contact Us
If you have any questions about these Terms, please contact us:
Railway Media Limited
9/F Amtel Building, 148 Des Voeux Road
Central, Hong Kong
Email: [email protected]
Website: americanrealestatemarketing.com