Effective Date: July 1, 2014
This Agreement is between you (“you”) and Real Estate Grad School, LLC concerning your access to and use of the online site currently located at realestategradschool.com (together with any successor site(s) and all Services (as defined below), the “Site”).
1. Acceptance of Terms. The Site is made available by REAL ESTATE GRAD SCHOOL LLC subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “Effective Date” at the top of this Agreement. Your access to or use of the Site following changes to this Agreement will constitute your acceptance of those changes.
BY ACCESSING OR USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify or waive any fees charged in connection with the Site; or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued access to or use of the Site after such changes will indicate your acceptance of such changes.
2. Site Information. The information offered through the Site is designed to provide practical and useful information on the subject matter covered. Including but not limited to access to a library of workbooks, scripts, checklists, webinars, audio recordings and other resources for training and reference purposes, access to multiple live 15 minute webinars on most weekdays and 30 days of recordings, access to multiple live weekly Q & A phone calls with our coaches and 30 days of recordings, access to our online course curriculum which may be self-guided, discounts on individual one-on-one coaching sessions, email, phone and/or chat support, and access to REGS charts.
WHILE SUCH INFORMATION MAY BE RELATED TO PROFESSIONAL SERVICES, SUCH INFORMATION IS NOT LEGAL ADVICE, ACCOUNTING ADVICE OR OTHER PROFESSIONAL SERVICES ADVICE. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF INFORMATION INCLUDED ON THIS SITE WITHOUT SEEKING THE ADVICE OF A COMPETENT PROFESSIONAL IN THE Applicable SUBJECT MATTER IN THE RELEVANT JURISDICTION. WE EXPRESSLY DIS CLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENTS OF THIS SITE.
3. Jurisdictional Issues. The Site is controlled and operated by REAL ESTATE GRAD SCHOOL LLC from the United States, and is not intended to subject REAL ESTATE GRAD SCHOOL LLC to the laws or jurisdiction of any state, country or territory other than that of the United States. REAL ESTATE GRAD SCHOOL LLC neither represents nor warrants that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.
5. Description of the Services. We provide users of the Site with access to certain content and services related to management of their real-estate practice that may include generating reports and managing client relationships..
6. Rules of Conduct. You must comply with all applicable laws, rules and regulations while accessing or using the Site. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned upon your compliance with the rules set forth in this section.
You MAY NOT:
- Post, transmit, or otherwise make available, through or in connection with the Site,(a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or(iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms; (b) anything that could give rise to criminal or civil liability(including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;(d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.
- Use the Site (a) to defame, abuse, harass, stalk, threaten, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or Submissions (as defined below); or (c) for any other fraudulent or unlawful purpose.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
- Restrict or inhibit any other person from using the Site (including by hacking or defacing the Site).
- Use the Site to advertise or offer to sell or buy any goods or services.
- License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or any access to or use of the Site.
- Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or any materials available through the Site.
- Frame or mirror any part of the Site without REAL ESTATE GRAD SCHOOL LLC express prior written consent.
- Systematically download or store content from the Site.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or reproduce or circumvent the navigational structure or presentation of the Site without REAL ESTATE GRAD SCHOOL’s express prior written consent. Notwithstanding the foregoing, REAL ESTATE GRAD SCHOOL LLC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. REAL ESTATE GRAD SCHOOL LLC reserves the right to revoke these exceptions either generally or in specific cases.
Additionally, you acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Site, and paying all charges related thereto.
We may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct set forth above (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).
7. Registration; User Names and Passwords. You may need to register to use all or part of the Site. You represent and warrant that all information submitted to REAL ESTATE GRAD SCHOOL LLC in connection with such registration is complete and accurate. We may reject, or require that you change, for any reason, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
9. Submissions. The Site may make available certain functionality (including Forums and e-mail addresses) through which you are able to post, send or make available information and materials (each, a “Submission”). For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement. For each Submission that you make available through or in connection with the Site, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Submission, in any format or media now known or here after developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. We may use Submissions for any purpose whatsoever without compensation to you or any other person. You are and remain responsible and liable for the content of any Submission.
Without limiting the rights granted above, if you are speaking or otherwise presenting at a REAL ESTATE GRAD SCHOOL LLC program, you consent to REAL ESTATE GRAD SCHOOL LLC’s recording of such presentation in connection with such REAL ESTATE GRAD SCHOOL LLC program (including any PowerPoint slides you use) (“Program Presentation”) and to the publication, distribution, exhibition and display of any Program Presentation. With regard to any written materials you submit in connection with a REAL ESTATE GRAD SCHOOL LLC program (“Program Submission”), you also consent to REAL ESTATE GRAD SCHOOL LLC’s reproduction, publication, distribution, exhibition and display of such Program Submissions. REAL ESTATE GRAD SCHOOL LLC may exercise or license these rights in all forms and media, whether now known or later developed, throughout the world. Your consent is irrevocable and extends to REAL ESTATE GRAD SCHOOL LLC and its successors, assigns and licensees, and includes the right to use your name, photograph, likeness, voice, statements and professional biography. REAL ESTATE GRAD SCHOOL LLC may edit or change presentation or materials.
All of the rights you are granting to REAL ESTATE GRAD SCHOOL LLC herein with respect to Program Presentations and Program Submissions are nonexclusive, and nothing will prevent you from repeating your Program Presentation and republishing your Program Submission elsewhere. You recognize that REAL ESTATE GRAD SCHOOL LLC, as the program producer, will be the copyright owner of the recording of any Program Presentation and the course handbook compilation (and similar compilations of Program Submissions).
You confirm that you have the authority to grant the foregoing nonexclusive license relating to Program Presentations and Program Submissions and that your Program Presentation and Program Submission will not violate the rights of anyone else. You also confirm that, to the extent your Program Presentation or Program Submission includes third party material, you have obtained permission for the use of such third party material consistent with the scope of this license. Upon REAL ESTATE GRAD SCHOOL LLC’s request, you agree to provide REAL ESTATE GRAD SCHOOL LLC with satisfactory evidence of your permission to use all third-party material by completing the “REAL ESTATE GRAD SCHOOL LLC Reprint Permission Form” or comparable evidence of reprint permission.
10. Feedback. Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (including training materials) (“Input”), whether related to the Site, the Services or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place REAL ESTATE GRAD SCHOOL LLC under any fiduciary or other obligation; and (b) any Input is not confidential and REAL ESTATE GRAD SCHOOL LLC has no confidentiality obligations with respect to such Input. Without limiting the foregoing, all Input shall be deemed a Submission and licensed to us pursuant to Section10, above.
11. REAL ESTATE GRAD SCHOOL LLC’s Proprietary Rights. We and/or our licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.
Trade names, trademarks and service marks on the Sites, including without limitation REAL ESTATE GRAD SCHOOL, RE Grad School and variations thereof including logos are owned by REAL ESTATE GRAD SCHOOL LLC licensors or other respective owners. Such trade names, trademarks and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks or service marks without the express prior written consent of the owner.
12. Purchases. We may make available products and services for purchase through the Site, and we may use third-party suppliers and service providers to enable e-commerce functionality on our Site. If you wish to purchase any product or service made available by us through the Site or through our telephone, mail-order, telemarketing efforts, customer service representatives, account representatives or other sales channels (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to REAL ESTATE GRAD SCHOOL LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
REAL ESTATE GRAD SCHOOL LLC reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to not honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Refunds and exchanges will be subject to REAL ESTATE GRAD SCHOOL LLC’s refund and exchange policies in effect, which include but are not limited to the following:
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes applicable to your Transactions.
You agree that if you purchase any products or services from us in a Transaction, you will not resell such products or services unless we have provided our express prior written consent to do so.
13. Accuracy of Information; Products, Content and Specifications. We attempt to ensure that information provided on or in connection with the Site is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or correctness of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site. Such information is also subject to change at any time without notice. Descriptions and images of, and references to, third-party products or services available in connection with the Site do not imply REAL ESTATE GRAD SCHOOL LLC’s endorsement of such third-party products or services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
REAL ESTATE GRAD SCHOOL LLC shall have the right, at any time, to block links to the Site through technological or other means without prior notice.
15. DISCLAIMER OF WARRANTIES. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMREAL ESTATE GRAD SCHOOLED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. THE REAL ESTATE GRAD SCHOOL LLC ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
16. LIMITATION OF LIABILITY. THE REAL ESTATE GRAD SCHOOL LLC ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE REAL ESTATE GRAD SCHOOL LLC ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY REAL ESTATE GRAD SCHOOL LLC OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF REAL ESTATE GRAD SCHOOL LLC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO REAL ESTATE GRAD SCHOOL LLC TO ACCESS AND USE THE SITES.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
17. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless each of the REAL ESTATE GRAD SCHOOL LLC Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions (including any Program Submission) or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
18. Termination. This Agreement is effective until terminated. REAL ESTATE GRAD SCHOOL LLC may terminate your access to or use of the Site, at any time and for any reason, including if REAL ESTATE GRAD SCHOOL LLC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that REAL ESTATE GRAD SCHOOL LLC may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that REAL ESTATE GRAD SCHOOL LLC shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 2-4, 6, 7, 9-24 and 27 shall survive any expiration or termination of this Agreement.
19. Governing Law and Arbitration. This Agreement is governed by the laws of the State of Georgia, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND REAL ESTATE GRAD SCHOOL LLC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SITE, YOU AGREE THAT YOU AND REAL ESTATE GRAD SCHOOL LLC ARE EACH WAIVING OUR RIGHTO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SITE, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE, YOU ARE AGREEING TO GIVE-UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in DeKalb County, State of Georgia, U.S.A. at the cost of the party registering the complaint. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
20. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and REAL ESTATE GRAD SCHOOL LLC. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and REAL ESTATE GRAD SCHOOL LLC relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and REAL ESTATE GRAD SCHOOL LLC relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in REAL ESTATE GRAD SCHOOL LLC’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. REAL ESTATE GRAD SCHOOL LLC will not be responsible for failures to fulfill any obligations due to causes beyond its control.