PRIVACY POLICY
Effective Date: August 31, 2024
Last Updated: September 09, 2024
These Terms of Use ("Terms") govern your use of our website at www.RealtorCoach.com (hereinafter our "Website"), any associated platform, and any mobile application (collectively our "Services"), and are entered into by and between you and RealtorCoach.com ("the Company," "we," "us," or "our"). These Terms apply to "you" as a user of the Services, including users browsing the Website ("you" or "User").
YOU UNDERSTAND THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER, WHICH SHALL BE ENFORCEABLE AGAINST YOU UNLESS CONTRARY TO GOVERNING LAW. PLEASE SEE SECTION 14 FOR MORE INFORMATION.
1. Legally Binding Terms
Please read these Terms carefully! By using our Services, registering for an account, making a purchase, downloading materials, or clicking "I Agree" where relevant, you agree to be bound by these Terms. If you do not want to agree to these Terms, you must not access or use the Services. Supplemental terms may apply to certain features of our Services and are incorporated into and form part of these Terms.
We’re constantly modifying and improving our Services. The Company may introduce new features, change existing features, or remove features from the Website or Mobile App at any time and without notice. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the Company’s release of new resources and/or new related websites or apps.
The Services are offered and available to users who are 18 years of age or older. If you are under the age of 18, you must not access or use the Services.
2. Your Acceptance
By accepting these Terms or by accessing our Services, you acknowledge and agree that you:
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Are at least 18 years of age;
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Have read and understand the Terms;
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Agree to be legally bound to the Terms and any other agreements or policies incorporated herein by reference;
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Have the authority to accept the Terms on behalf of yourself in an individual capacity or, if applicable, on behalf of a company or other business entity that you represent; and
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Your use of the Services does not violate any law, rule, or regulation, terms and conditions, or other legally or contractually binding requirements to which you are subject.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH THE TERMS OR DO NOT HAVE THE RIGHT, AUTHORITY, OR CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS.
3. Changes to These Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. If changes to the Terms are material, we will take reasonable measures to notify you and, if necessary, obtain your consent. Please check this page frequently so you are aware of any changes, as they are binding on you.
4. Your Privacy
The privacy of your personal information is important to us. Our Privacy Policy explains how we use and share the information we collect. In addition to these Terms, you also acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy which is incorporated into these Terms by reference.
5. Access to Our Services
We reserve the right to withdraw or amend access to our Services, or any part of the Services. The Company will not be liable if for any reason all or any part of the Services is unavailable at any time for any period. From time to time, we may restrict user access to some parts of the Service, or the entire Services.
You are responsible for:
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Making all arrangements necessary for you to have access to the Services, including but not limited to updating to the current version of the Mobile App.
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Ensuring that all persons who access the Services through your Internet connection are aware of these Terms of Use and comply with them.
5.1. Terms Applicable to Accessing the Platform
To access our platform and Mobile App, you must be registered with us ("Registered Users"). If you sign up as a Registered User in your capacity as an employee, representative, or agent of a company or other business entity, you represent and warrant that you have all necessary authority to agree to these Terms and legally bind the entity on whose behalf you are registering an account.
Registering an account with us does not entitle you to any additional rights or ownership interests that are not otherwise expressly granted under these Terms.
5.2. Registered User Acceptable Use Requirements
You are solely responsible for all activity conducted through the registered account. Registered Users must abide by the following acceptable use requirements at all times:
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Limited Access: You understand and agree that access to the registered account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your registered account.
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No Website Scraping: Registered Users must not harvest, extract, or scrape data from our Services, using automated means or otherwise, unless expressly authorized by the Company for the purposes identified in your agreement with us.
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Registration and Account Information: During the registration process, you may be asked to provide certain registration details and other information. It is a condition of your use of the Services that all of the information you provide is correct, current, and complete. If your information changes, you must update it. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current, or incomplete, the Company may freeze, block, or terminate your access to our Services and refuse any and all current or future use of our Services (or any portion thereof). Further, you agree that all information you provide to register with us is governed by our Privacy Policy.
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Account Security: Registered Users will be given a username and password. You must treat this information as confidential. Accordingly, Registered Users must not share their username, password, or other security information with any other person to access the Services. You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security.
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No Illegal Use: Registered Users must not use their associated account for any illegal, illicit, or unethical activity, including fraud, hacking, or any other misuse.
5.3. Termination of Access
We reserve the right to suspend, discontinue, or terminate access to the Services for any Registered Users without notice, or refuse any and all future use of the Services if you fail to comply with these Terms or in our sole discretion for any or no reason. You understand and agree that the Company shall have no liability or obligation to you in such an event.
In the event of any termination or discontinuation of your account, your ability to access, visit, and/or use the Services or any portion thereof, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your username.
If you would like to close or terminate your registered account, you may do so at any time by contacting us at [Insert Contact Email].
6. Prohibited Uses for All Users
All Users must use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
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In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from your country or other countries).
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To engage in any attack, hack, or exploit or to otherwise interfere with the Company’s Services.
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To harvest, extract, or scrape data from our Services, using automated means or otherwise, unless expressly authorized by the Company for the purposes identified in your agreement with us.
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To transmit or procure the sending of any advertising or promotional material, without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation.
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To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
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For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
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Use any robot, spider, or other automatic device, process, or means to access the Website or Mobile App for any purpose, including monitoring or copying any of the Content.
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Use any manual process to monitor or copy any of the Content on the Website or Mobile App for any other unauthorized purpose without our prior written consent.
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Use any device, software, or routine that interferes with the proper working of the Services.
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Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any server, computer, or database connected to the Services.
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Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users, or expose us to liability.
7. Intellectual Property Rights
7.1. Content
User acknowledges that the Services and its entire contents, features, and functionality (including but not limited to all information, technology, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (the "Content") are owned by the Company, its licensors, or other providers of such material and are protected by [Insert Country] and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. User is only permitted to use the Content as expressly authorized by the Company.
These Terms do not transfer any right, title, or interest in the Website, Mobile App, or Content to you, other than as expressly provided herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content. User agrees not to use or divulge to others any information designated by the Company as proprietary or confidential. Any unauthorized use of any Content contained on the Services may violate copyright laws, trademark laws, and other applicable laws and regulations.
EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SERVICES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY. YOU ARE PROHIBITED FROM MODIFYING, DISTRIBUTING, PUBLISHING, TRANSMITTING, OR CREATING DERIVATIVE WORKS OF ANY SITE AND PLATFORM CONTENT FOR ANY PURPOSES.
7.2. Tools and Resources Available Through The Services
These Terms provide you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the tools available for download through our Services.
Subject to the restrictions herein, you may download and print the tools solely for your personal use, provided you do not remove any copyright and/or other applicable intellectual property notices. You may not display, perform, or make derivative works based on, the tools, nor may you use the tools in any form or format that would compete with the Company.
Notwithstanding the foregoing license grant, you hereby acknowledge and agree that the Company does not transfer any ownership, intellectual property interest, or title in and to the Services, tools, or any other resources we may include under this limited license to you or anyone else. The terms of this limited license shall survive any expiration or termination of these Terms in perpetuity.
We may, in our discretion, extend this limited license to other resources we make available through our Services.
7.3. Trademark
The Company name, logo, and all related names
8. Reliance on Information Provided
The information available through our Services is intended solely for general informational purposes. Occasionally, the Services may contain typographical errors, inaccuracies, or omissions related to service descriptions, availability, or other aspects of our business. [Your Company Name] reserves the right to correct any errors, inaccuracies, or omissions and to update or change information at any time without prior notice.
We do not guarantee the accuracy or completeness of the information provided through the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on this information by you or any other user of our Website, illūm, Mobile App, or any other platform where our Content is available.
9. Interactions with Third Parties
9.1. Third-Party Links and Content
Our Services may include links to third-party websites or content provided by third parties. [Your Company Name] does not own or control this external content and does not imply approval, sponsorship, or endorsement of these third-party sites. We have not reviewed these external sites, and accessing them is at your own risk. RealtorCoach.com assumes no responsibility for any products, content, services, websites, advertisements, offers, or information provided by third parties and made available through our Services.
9.2. App Stores
You acknowledge that the availability of our Mobile App depends on the third-party platform from which you download the application, such as the Apple App Store or Google Play Store ("App Store"). By using the Mobile App, you agree to comply with all applicable third-party terms and policies associated with the respective App Store.
These Terms constitute an agreement between you and RealtorCoach.com; the App Store is not a party to this agreement. RealtorCoach.com is solely responsible for the Mobile App and its content, including providing any necessary maintenance and support services. You acknowledge that the App Store has no obligation to furnish any maintenance or support services for the Mobile App.
Additional Terms for Apple Device Users:
If you access the Mobile App via an Apple device, the following terms apply:
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You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you upon your acceptance.
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In the event the Mobile App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever regarding the Mobile App.
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RealtorCoach.com is responsible for addressing any claims related to the Mobile App or your use thereof, including but not limited to: product liability claims, claims of non-compliance with legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
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In the case of any third-party intellectual property infringement claims related to the Mobile App or your possession and use of it, RealtorCoach.com will be responsible for the investigation, defense, settlement, and discharge of such claims, not Apple.
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You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
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10. Termination of Access to Services
We reserve the right to terminate, discontinue, suspend, or restrict your access to all or part of our Services at any time, for any reason or no reason, and without prior notice or liability.
11. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. [YOUR COMPANY NAME] AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
[YOUR COMPANY NAME] DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM [YOUR COMPANY NAME] OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, [YOUR COMPANY NAME], ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) 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 [YOUR COMPANY NAME] HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL [YOUR COMPANY NAME]'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to defend, indemnify, and hold harmless RealtorCoach.com, its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services' content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
14. Governing Law and Jurisdiction
These Terms and any disputes arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
Except as provided in Section 15 (Dispute Resolution), any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Orange County, California, and you hereby consent to the personal jurisdiction and venue therein.
15. Dispute Resolution
If you have any dispute with RealtorCoach.com, you agree to first contact us at [your email address] to attempt to resolve the issue informally. If we are unable to resolve the dispute informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or relating to these Terms through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes.
The arbitration will take place in Orange County, California, unless both parties agree otherwise. Each party will be responsible for their own arbitration fees and costs in accordance with AAA rules. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Class Action Waiver: All claims must be brought in the parties' individual capacities and not as a plaintiff or class member in any purported class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims.
Exception: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters related to data security, intellectual property, or unauthorized access to the Services.
16. Waiver and Severability
The failure of RealtorCoach.com to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
17. Entire Agreement
These Terms, along with our Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between you and [Your Company Name] regarding the use of our Services and supersede any prior or contemporaneous understandings and agreements, whether written or oral, relating to such subject matter.
18. Contact Us
If you have any questions, concerns, or comments about these Terms, please contact us at:
Email: [your email address]