Ezement Terms of Service

Last updated: July 3, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Ezement a Solid Earth Product

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Association means the organization that added you to our platform as an account.  This could be your MLS, Realtor® Association, state licensing commission, or brokerage.

  • Country refers to: Missouri, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to TRIBUS, LLC, 231 S Bemiston Ave, Suite 850, PMB 33454, St. Louis, MO 63105.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Parties shall refer to You and the Company.

  • Service refers to the Application or the Website or both.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Ezement a Solid Earth Product, accessible from https://*.Ezement.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Your Data

Any use of the Service implies your full consent with the data collection practices of Company.  For any data that you provide to Company, through either direct means of you adding that information, or indirect means of connecting other third-parties to the Service, and your use thereof, shall be owned and retained by Company, which may be further limited by an Agreement with Your Association.  You further consent to Company's continued use of your data after such time you discontinue use of the Services and permit Company to make derivative works upon such data.

We will collect from your use of the platform at minimum the following:

  • Your contact information
  • Your IP, MAC Address, and additional computer specifications
  • Your real or implied location at the time of any login and use of the Service
  • Your real estate license data
  • Your level of real estate sales
  • What third-party products you use, how often and when you use them, and what you do while using them

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites 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 access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.  Information will be provided to your Association as to the reason your account was suspended.  The most likely reason would be the misuse of our platform by providing your account credentials to a person other than yourself.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.  If your Association pays for your access to the system, then any liability of Company shall be governed by the Agreement between Company and Your Association.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If a dispute arises between the Parties relating to the interpretation or performance of this Agreement or the grounds for the termination hereof, the parties agree to hold a meeting within 7 days of written request by a party therefor, attended by individuals with decision-making authority, regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If, within 7 days after such meeting, the parties have not succeeded in resolving the dispute, either party may elect to enter into arbitration for its sole and exclusive remedy; the parties waive all right to litigate in any court of law in any jurisdiction.  You acknowledge that it will not agree to do any business with Company whatsoever unless both You and Company agree to arbitrate all of their disputes; You will not, under any circumstances, agree to litigate any claims involving Company.   Specifically, the Parties jointly agree to arbitrate all claims of any kind, whether or not those claims arise from or in connection with this Agreement.  The parties agree that any such arbitration proceeding must exclusively occur at the JAMS office at 190 Carondelet Plaza, Suite 1100, Clayton, Missouri 63105.  The parties agree that a single arbitrator will decide the dispute; the parties must either agree on one of the arbitrators listed on the JAMS St. Louis website at https://www.jamsadr.com/stlouis#neutrals.  If the parties cannot agree on an arbitrator, they agree to use the arbitrator whose last name is last, alphabetically, in the listing of available arbitrators at the JAMS St. Louis website listed above, whoever that may be.  If a dispute between the parties is not subject to arbitration, the parties agree that the dispute must be resolved exclusively in the Circuit Court for St. Charles County, Missouri, and the parties submit to the personal jurisdiction of this Court for the purpose of litigating any such claim.  The parties agree that in the event of any dispute, whether it be in arbitration or litigation, the fee-shifting rules, interest, penalties, and remedies set forth in this Agreement will apply to the exclusion of any other rules, including any rules of JAMS.  The parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ARBITRATION AND ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.  If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated according to the limitations of this Agreement, then only that claim (or only that request for relief) may be brought in court. All other claims will remain subject to this section.  The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions. If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing at the addresses set forth for the Parties in this Agreement. The arbitration will be governed by the JAMS Comprehensive Rules 1 through 30 available at https://www.jamsadr.com/rules-comprehensive-arbitration/. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS Rules.  All claims between the parties, whether subject to arbitration or not, will be governed by Missouri law.

Foreign Users

You agree not to use the Ezement platform if you are a permanent resident of any country other than the United States.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

Biometric Disclosure

If you create a Passkey or any biometric based login, you agree to our Biometric Disclosures

Ezement General Biometric and Privacy Disclosure

BIPA - For Those Within Illinois

Texas Biometric Disclosure

California Biometric and CCPA Disclosure

Colorado Biometric Disclosure

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to 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 those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: helpdesk@tribusgroup.com