THIS AGREEMENT DESCRIBES
THE TERMS OF SERVICE AND YOUR USE OF REALTYU ONLINE. PLEASE READ THIS AGREEMENT
AND USE YOUR PERSONAL INFORMATION.
1. Scope of Agreement. This Agreement represents the entire
agreement between you and RealtyU, Inc. concerning your use of this site and
all course materials on the site (collectively, the "Site"), superseding
all prior agreements between us regarding the subject matter of this Agreement.
The term "use" or "using" means the use and availability
of, access to, transmission to or from or any exchange of information or communication
in connection with or arising from this Site. By using the Site or any of its
You must also comply with any additional Terms that each respective Course Providers
may have. We reserve the right to modify our terms at any time and your use of
the Site signifies your acceptance of any changes in this Agreement. If any change
is not acceptable to you, your sole remedy is to discontinue your use of the
from time to time.
2. Registration Information. You agree to provide RealtyU® Online
and its Course Providers with accurate and complete registration information.
When you register for a certain course you will receive a user name and password
that we may assign or allow you to select. You are responsible for maintaining
the confidentiality of your password and account information. Each registration
is for a single user. You are not permitted to (i) share your user name or password
with others, (ii) cache any part of the Site in proxy servers to allow access
by individuals who have not registered at the Site, or (iii) access the Site
through a single user name and password being made to multiple users on a network.
If we believe that a user name and password are being used in a manner not permitted
under this Agreement, we reserve the right to cancel your access rights immediately
and without notice and block access to all users from that IP address.
3. Fees and Payments. You agree to pay or have paid all fees
associated with the course you have selected to take. Current course fees and
charges are posted on this Site or that of the respective Course Providers. If
you pay by credit card or other payment instrument or by allowing us or the Course
Provider to withdraw funds from an account designated by you and we do not obtain
full payment, you agree to pay all amounts due upon our demand.
4. License and Restrictions. All content available through the
Site is the sole property of the respective Course Providers and is protected
by copyright, trademark and other intellectual property laws. You have no rights
to the content available through the Site and will not use the content except
as permitted under this Agreement. You are granted a non-exclusive, non-transferable,
limited license to access and view the courses selected. Content owned by Course
Providers may be subject to additional restrictions and you will comply with
any third party notices posted on their Site.
5. Course Providers. RealtyU® Online has extensive strategic
alliances with most of the largest Course Providers in the country. RealtyU® Online
is not the real estate school offering the course nor is it the Course Provider.
RealtyU® Online is a national portal connecting real estate professionals
with online Course Providers and local quality real estate Schools across the
country. If you therefore have specific questions about a specific course, the
contents or the way the website functions do not contact RealtyU® Online
as we will be unable to help you. Contact the specific Course Provider and the
RealtyU® Affiliate in your state that you have selected.
6. Site Use and Conduct. You may not use, or allow others to
use, your user name or password to the Site, indirectly or directly, to upload,
distribute, transmit, communicate, link to, publish or access any material or
information that (i) is libelous, obscene, threatening, objectionable, offensive
or harassing, (ii) violates any law or the rights of others, (iii) reflects negatively
on the Site, or (iv) infringes any intellectual property, proprietary rights
or confidentiality obligations of others. You also may not use, or allow others
to use, your user name or password to the Site, indirectly or directly, to (i)
attempt to or actually disrupt, impair or interfere with, alter or modify the
Site or any content on the Site, (ii) act in a way that reflects negatively on
the Site, (iii) transmit or communicate any unsolicited advertising, promotion
or solicitation, or (d) collect or attempt to collect any information of others,
including passwords, account or other information.
7. Limitation of Liability and Disclaimer. The content is for
study purposes and information on the Site does not constitute advice and should
not be relied upon in making (or refraining from making) any business decisions.
WE, AND OUR COUSRE PROVIDERS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OF THE CONTENT AVAILABLE THROUGH THE SITE OR THE SITE ITSELF. WE DO NOT WARRANT
THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOUR ACCESS TO THE SITE AND ITS CONTENT IS PROVIDED "AS
IS" "AS AVAILABLE" AND WE MAKE NO REPRESENTATION OR WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE LIABLE TO
YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED BY YOUR USE OF THE SITE, WHETHER
OR NOT CAUSED IN WHOLE OR IN PART BY OUR NEGLIGENCE OR BY CONTINGENCIES BEYOND
OUR CONTROL. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES)
ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE CONTENT OR THE SITE,
WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OR MAY
OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED
ON US, THE TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT
YOU PAID FOR ACCESS TO THE SITE OR CONTENT FOR THE 12 MONTHS IMMEDIATELY PRECEDING
THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions prohibit exclusion or
limitation of liability for implied warranties or consequential or incidental
damages, so the above limitation may not apply to you but will be interpreted
to limit our liability to the fullest extent permitted by law. You may also have
other legal rights that vary from jurisdiction to jurisdiction.
8. Indemnification. You agree to defend, indemnify and hold
us harmless from and against all liabilities, damages, claims, actions, costs
and expenses (including attorney's fees) in connection with or arising from your
breach of this using this Site.
9. Termination. We or you can terminate your access to the Site
and its content at any time subject to the terms herein. Termination is your
sole right and exclusive remedy if you are not satisfied. You may send your termination
request by mail to RealtyU Group, Inc., Attention: Customer Service, 428 North 500 West #A
, Saint George, UT 84770
. If you have prepaid
for a course a refund may be due you after receiving a request, and will be mailed to the address provided. Any delinquent or unpaid amounts must be
paid in full before you may re-register for access to the Site. If your right
to use the Site terminates, you may not use the Site or the content on the Site
without our express written permission.
10. Miscellaneous. This Agreement is personal to you and you
may not assign your rights and obligations to anyone. If any provision in this
Agreement is invalid or unenforceable under applicable law, the remaining provisions
will continue in full force and effect. This Agreement, your rights and obligations
and all actions contemplated by this Agreement shall be governed by the laws
of the State of California. You agree that the federal or state courts of the
State of California shall have exclusive jurisdiction and that venue shall be
Orange County, California. You agree and consent to the exercise of personal
jurisdiction in the State of California. This Agreement may not be modified,
except in writing, signed by an authorized officer of our company.
11. Legal Notices. Under California Civil Code Section 1789.3,
you are entitled to the following consumer rights' information:
(a) You may contact us at RealtyU, Inc., 428 North 500 West #A
, Saint George, UT 84770
or by phone at 435-359-6861 during regular
business hours from 9 a.m. to 5:00 p.m.
(b) Pricing Information. We reserve the right to change course
fees at any time. Fees are posted on the web site when registering for a course.
(c) Complaints: The Complaint Assistance Unit of the Division
of Consumer Services of the Department of Consumer Affairs may be contacted in
writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254.