Terms & Conditions
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE VIDEO/AUDIO LIBRARY. BY ACCESSING THE SITE (WHICH INCLUDES THE ONLINE VIDEO/AUDIO LIBRARY), YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING REALESTATEU.TV’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS REALESTATEU.TV MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
1. Contact Information.
100 SE 2nd Street
Miami, FL 33131
- “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
- “Instructor” means an expert in a particular real estate field.
- “Exercise Files” refers to the exercise files prepared by the authors for use with the training videos/audio files and other media.
- “RealEstateU.tv” refers to ‘Real Estate U Online LLC’, a New York company.
- “Multi-User Subscriber” refers to a Subscriber who purchases a subscription to the Online Video/Audio Library for multiple Users.
- “Online Video/Audio Library” or “OVL” means the database of audio-visual works that is available through the Site and is part of the Site.
- “Content” means the training videos/audio files and other media available on the OVL, including the Exercise Files.
- “Product” also referred to as “Course” or “Courses” means the training videos/audio files and other media available on the OVL, including the Exercise Files that pertain to a specific course. The product can also represent a bundle of course.
- “Subscriber” refers to any person or entity that purchases or uses a product to the Online Video/Audio Library, and may be a Single-User, or Multi-User.
- “User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
- “Website” or “Site” refers to the website maintained on the World Wide Web by RealEstateU.tv, available at http://www.RealEstateU.tv, and includes the NYS Salesperson Licensing Courses, Continuing Education Courses, Investing Course, Online Video/Audio Library, and Instructors.
- “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.
3. Modification of Terms.
4. Limited License.
Each course and/or bundle of courses has its own expiration date. Single and bundled real estate licensing courses have a 12 months expiration date from the date the student’s course and/or bundle of courses is/are purchased. Single and bundled continuing education courses have a 6 months expiration date from the date the student’s course and/or bundle of courses is/are purchased. The expiration dates can change at any time without notice.
Students are required to complete the courses in the set time. Once a course expires the student will have to pay the course fee again in order for the course to get re-activated.
5. Fees; Cancellation & Refund Policies.
- The Subscriber receives access to the course or courses that they purchased
- Fees are charged one time and they are dependent on the price of each separate product. RealEstateU reserve the right to change the product prices on its website without notice.
- All courses purchased directly on the RealEstateU® website are eligible for a refund within 30 days of purchase, and only if the user has NOT completed more than 50% of the course. Refunds are subject to a $20 Administrative Fee. The books are not eligible for a refund.
- Subscribers looking to obtain a refund for course(s) purchased thorough Groupon and/or Living Social will have to contact Groupon and/or Living Social to obtain a refund in accordance with their refund policy.
- Discounts, rebates or other special offers are only valid for specific products clearly specified on the product page.
- RealEstateU.tv may change the product fees at any time and for any reason
- RealEstateU.tv shall not complete subsequent recurring transaction after receiving a cancellation notice from the Cardholder.
- Right of Access to the OVL granted under these Terms is effective only upon payment of the product/course(s) fees.
6. Access to the OVL; Modification of Content.
RealEstateU.tv endeavors to provide the highest quality content to its Subscribers. To that end, RealEstateU.tv reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
7. Prohibited Conduct.
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects RealEstateU.tv’s computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- Permit or provide others Access to the OVL using Your user name and password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
- Violate or attempt to violate RealEstateU.tv’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or RealEstateU.tv.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by RealEstateU.tv.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Address our support team in a defamatory way, using inappropriate and rude language.
- Advertise or otherwise solicit funds, goods or services on the Site.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
Failing to comply with the requirements specified above in section "7 Prohibited Conduct" will lead to immediate termination of the user's account and refund(s) will NOT be provided.
To ensure that Users of the Site do not engage in Prohibited Conduct, RealEstateU.tv reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the OVL and Forums to any person or entity whose use of the OVL and Forums suggests Prohibited Conduct. Access of the materials available at the OVL beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OVL and will result in revocation or denial of Access to the OVL. The terms “normal patterns” and “abuse” shall be determined solely by RealEstateU.tv.
8. LIMITED WARRANTIES.
RealEstateU.tv also warrants that the media containing the Software, if provided by RealEstateU.tv, is free from defects in material on the date the User acquired the Software. REALESTATEU.TV’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE OVL. THE USER MUST INFORM REALESTATEU.TV OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR REALESTATEU.TV WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. REALESTATEU.TV WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.
ALTHOUGH REALESTATEU.TV HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
9. DISCLAIMERS AND LIMITATION OF LIABILITY.
NO DEALER, AGENT, OR EMPLOYEE OF REALESTATEU.TV IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
REALESTATEU.TV DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT REALESTATEU.TV RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
10. Third Party Content; Hyperlinks.
RealEstateU.tv may contain links and references to other third party websites and materials. RealEstateU.tv does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. RealEstateU.tv does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. RealEstateU.tv may disable any hyperlink to the Site. RealEstateU.tv has the right but not obligation to monitor third party websites and hyperlinks to the Site.
REALESTATEU.TV MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, REALESTATEU.TV DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
11. Copyrights, Trademarks and Other Proprietary Rights.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to RealEstateU.tv, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
13. Security; Authorized Use.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify RealEstateU.tv immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify RealEstateU.tv immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. RealEstateU.tv will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by RealEstateU, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
RealEstateU will never ask You for Your password. If You need a new user name and/or password, RealEstateU.tv will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
RealEstateU might provide free tuitions for some students in a giveaway program. For the recipient who earned the giveaway, the tuition expenses (includes the cost of the course and any final exam proctoring fees for Texas and Pennsylvania salesperson licensing courses only) will be provided by RealEstateU at no charge. Note that the state exam and /or license application fees are paid to the state (and vary in amount by state) and are to be covered by giveaway recipient.
15. Termination of Agreement.
In addition to RealEstateU’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. RealEstateU may also terminate Access to the OVL and Forums or cancel subscriptions to the OVL without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that RealEstateU.tv deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.