Last Updated: May 8, 2020
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
· You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;
· You will not access or use the Website to collect any market research for a competing business;
· You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
· You will not interfere with, or attempt to interrupt the proper operation of, the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
· You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
· You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website;
· You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission;
· You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
· You will not resell, distribute, or sublicense the Website or use it for the benefit of anyone other than you;
· You will not remove or modify any proprietary markings or restrictive legends placed on the Website; and
· You will not introduce, post, or upload to the Website any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Website, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Website to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Website.
Modifications. Serhant reserves the right, at any time, to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.
2. INTELLECTUAL PROPERTY.
The Website is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Serhant and our licensors exclusively own all right, title, and interest in and to the Website and all Content, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website.
The Website contains material, such as software, text, graphics, images, and other material provided by or on behalf of Serhant (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of Serhant. We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos of Serhant (the “Serhant Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Serhant. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Serhant Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Serhant Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
If you or any permitted user under your account provides us with feedback, comments, and suggestions with respect to the Website or our good and services (including, without limitation, our Courses, as defined below) (“Feedback”), you hereby agree that we will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback in perpetuity without compensation or attribution to you or any third party. You represent and warrant to Serhant that any Feedback or other information that you provide to us via the Website or any other communication to Serhant (collectively, “User Content”) that (i) the User Content is your original creation (or that you otherwise have the right to provide the User Content to Serhant), (ii) you have the rights necessary to grant the us the right to use the User Content as described in this paragraph, and (iii) the User Content and its use by Serhant and our content partners as permitted hereunder does not and will not infringe or misappropriate the intellectual property or moral rights of any third party. You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the representations and warranties in the immediately preceding sentence.
- NO WARRANTIES; LIMITATION OF LIABILITY.
THE WEBSITE, AND ALL CONTENT, PRODUCTS, SERVICES, COURSES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERHANT DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE WEBSITE, ALL CONTENT, AND OUR COURSES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATION, WARRANTY, OR COVENANT THAT INDIVIDUALS ENROLLED IN OUR COURSES ARE GUARANTEED TO, OR EVEN LIKELY TO, ACHIEVE ANY RESULTS, EARNINGS, OR PROFITS WHATSOEVER. ANY STATEMENTS REGARDING RESULTS, EARNINGS, OR PROFITS BY RYAN SERHANT, ANYONE ON THE SERHANT TEAM, OR ANY THIRD PARTY IN CONNECTION WITH OUR COURSES, ARE PROVIDED AS EXAMPLES ONLY, FOR EDUCATIONAL PURPOSES, AND ARE NOT GUARANTEES, CERTAINTIES, OR ASSUMPTIONS. WE DO NOT REPRESENT THAT OUR COURSES WILL PREPARE YOU FOR ANY ENTERPRISE, VENTURE, OR UNDERTAKING. WE DO NOT REPRESENT OR WARRANT THAT PAST PERFORMANCES ARE INDICATIVE OF FUTURE RESULTS OR AVERAGE RESULTS. YOUR RESULTS AND INCOME MAY VARY SIGNIFICANTLY FROM OTHERS ENROLLED IN THE COURSE. YOU ACKNOWLEDGE AND AGREE THAT REAL ESTATE TRANSACTIONS VARY SIGNIFICANTLY ACROSS JURISDICTIONS, AND, FURTHER, THAT THE INFORMATION PROVIDED IN OUR COURSES IS BASED ON THE NEW YORK CITY MARKET, AND MAY OR MAY NOT BE APPLICABLE IN OTHER JURISDICTIONS. WE DO NOT PROVIDE FINANCIAL, ACCOUNTING, SECURITIES, TAX, OR LEGAL ADVICE. YOUR USE OF OR RELIANCE ON ANY INFORMATION OR MATERIALS PROVIDED IN CONNECTION WITH OUR COURSES IS AT YOUR OWN RISK.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE PRODUCTS, THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE PRODUCTS, THE SERVICES, THE COURSES, OR THE CONTENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO SERHANT FOR THE PRODUCTS, SERVICES, OR COURSES GIVING RISE TO THE CLAIM, OR, IF NO AMOUNTS HAVE BEEN PAID, ONE HUNDRED UNITED STATES DOLLARS (US $100).
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
4. TERMS OF SALE.
Orders; Order Acceptance; Payment. You may place orders for our products and services, including our real estate courses (“Courses”) on the Website. The receipt of an order number or an email order confirmation does not constitute our acceptance of an order or a confirmation of an offer to sell. Serhant reserves the right, without prior notification, to limit the order quantity on any product and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products and services on the Website are subject to change without notice. Serhant reserves the right, at its sole discretion, to refuse or cancel any order for any reason. You agree that by placing an order on the Website, you are entering into a binding contract with Serhant and agree to pay Serhant, through our payment processors, Stripe and PayPal (“Payment Processor”), all charges that may be incurred by you or on your behalf through the Website, 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 that may be applicable to your purchases. Your total price will include the price of the product and/or service plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product and/or service. We will charge tax only in states where the goods sold over the internet are taxable.
Shipping; Risk of Loss. Serhant uses reliable third-party fulfillment service providers to fulfill orders and ship products. You are responsible for the cost of all shipping. All posted delivery times are approximations and actual delivery times may vary. We are not liable for any damages (including, without limitation, any incidental or consequential damages) arising from failure to deliver or delay in delivering products purchased through the Website. Further, we are not responsible in the event that purchased products are unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason. If shipments are returned to our fulfillment center, we or our third-party service providers will attempt to contact you to arrange for re-delivery, and we reserve the right to impose additional shipping costs at our sole discretion. Notwithstanding the foregoing, Serhant does not guarantee that we will store or reship products to you once they are returned. Title and risk of loss to the products will pass to you upon our delivery of such products to the shipping carrier.
Errors. All descriptions, images, references, features, content, specifications, and prices of products and services described or depicted on the Website are subject to change at any time without notice. From time to time, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product and service descriptions, prices, promotions, offers, and availability. Serhant reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Website is inaccurate at any time without prior notice, even after you have received an order confirmation or shipping notification. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. Serhant reserves the right to revise our product and service offerings and/or discontinue products and services at any time without notice to you. We also reserve the right to limit quantities purchased, and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).
Returns. We do not accept product returns and we do not issue refunds. That said, we want all of our customers to be happy with products purchased through our Website. If you are unhappy with your order, please contact us at email@example.com.
- COMPLIANCE WITH APPLICABLE LAWS.
The Website is based in the United States. We make no claims concerning whether the Website is accessible, or whether Content may be downloaded, viewed, or be appropriate for use, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- CONTROLLING LAW.
- BINDING ARBITRATION.
- CLASS ACTION WAIVER.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- EQUITABLE RELIEF.
10. EXTERNAL SITES.
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
- HOW TO CONTACT US.
Copyright 2020 Serhant Holdings Corp. All rights reserved.
Last Updated: May 29, 2020
THE INFORMATION WE COLLECT AND/OR RECEIVE. In the course of operating the Website, Serhant will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.
- Personal Information. When you register for a Course or make any purchase on the Website, you will be required to provide us with personal information about yourself, such as your name, email address, mailing address, and phone number (collectively, “Personal Information”). We do not collect any Personal Information from you unless you provide us with the Personal Information voluntarily.
- Other Information. In addition to the Personal Information and the Billing Information, we may collect or receive additional information (collectively, the “Other Information”). Such Other Information may include:
- From Your Activity. In order to provide you certain features and functionalities of the Website, and in an ongoing effort to improve our Website, we automatically collect certain information when you use the Website, and integrate it with your other devices and services. Such information may include, without limitation:
- IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on the Website, what sections of the Website you visit, etc.;
- information about a mobile device, including universally unique ID (“UUID”), platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information, and network type; and
- activity and usage information occurring via the Website, including, without limitation, information about past purchases and product/service preferences.
- From Cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your visit. We use both 1st and 3rd-party session cookies and persistent cookies. Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose. For more information, please see the information regarding analytics providers discussed further below.
- Session Cookies: We use session cookies to make it easier for you to navigate our Website. A session ID cookie expires when you close your browser.
- Persistent Cookies: A persistent cookie remains on your hard drive for an extended period of time or until you delete them. You can remove persistent cookies by following directions provided in your web browser’s “help” file. To the extent we provide a log-in portal or related feature on our Website, persistent cookies can be used to store your passwords so that you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our visitors to personalize the experience on our Website.
In some cases, we may associate information that you have provided to us (e.g., email address) with the cookies that we use. In addition to facilitating the purposes described above, this is useful in understanding your engagement with other content related to our Website (e.g., email open rates, URL click-throughs).
If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, certain aspects of the Website may not function properly or as intended.
- Third-Party Analytics and Remarketing.
- For Google Adwords, you can set preferences for how Google advertises to you using the Google Ad Preferences page at https://adssettings.google.com/authenticated, and if you want to, you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
- For Web Identity, you can opt out of tracking and retargeting emails by emailing firstname.lastname@example.org with the subject line “Web Identity opt out.”
HOW WE USE AND SHARE THE INFORMATION. You authorize us to use your Personal Information, Billing Information, and Other Information (collectively, the “Information”) to provide the Website, and to improve the same; to process transactions; to solicit your feedback; and to inform you about our products and services and those of our promotional partners. You also authorize us to use and/or share Information as described below:
- We may, from time to time, share and/or license Information with or to other companies, who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
- We will access, use, and share the Information as required to fulfill our obligations to you, provide you with support, and to address your questions or requests regarding our Website.
- We may employ other companies and individuals to perform functions on our behalf. Examples may include providing customer service, billing, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
- In an ongoing effort to better understand our customers and our Website, we may analyze certain Information in anonymized and/or aggregate form in order to operate, maintain, manage, and improve the Website, our products, and our services (including Courses). This anonymous information does not identify you personally. We may use this anonymous information, and share and/or license it with and to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose anonymous user statistics in order to describe our Website and business to current and prospective business partners and to other third parties for other lawful purposes.
- We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
- As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
- To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Serhant or others.
If Serhant intends on using your Information in any manner that is not consistent with this Section, you will be informed of such anticipated use prior to or at the time at which the Information is collected.
SHARING OF YOUR PERSONAL INFORMATION WITH NON-AFFILIATED THIRD PARTIES. We will not share your Personal Information with non-affiliated third parties that may use such information to market to you, without obtaining your opt-in consent. For example, we may offer you a product opportunity that requires us to share your Personal Information with non-affiliated third parties that may use such information to market to you. We will obtain your opt-in consent to such sharing of your Personal Information when we present you with the terms of such offer. If you have opted-in for this kind of sharing, then you may choose to opt-out of such sharing, or request certain information regarding our disclosure of such Personal Information to such non-affiliated third parties, by contacting us at email@example.com.
If you would like to opt-out of our sharing of your Personal Information with our affiliates so that such affiliates can use your Personal Information to market to you, please contact us at firstname.lastname@example.org.
HOW WE PROTECT YOUR PERSONAL INFORMATION. We take commercially reasonable steps to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Personal Information that you supply will not be intercepted while being transmitted to and from us over the Internet.
ACCESSING AND MODIFYING PERSONAL INFORMATION AND COMMUNICATION PREFERENCES. If you have an account on the Website, you may access, review, and make changes to your Personal Information by following the instructions found on the Website. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Serhant marketing email. Registered users cannot opt out of receiving transactional emails related to their Website account unless otherwise provided on the email. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.
IMPORTANT NOTICES TO NON-U.S. RESIDENTS. The servers used in connection with the operation and use of the Website are operated in the United States and elsewhere. Please be aware that your Information, including your Personal Information and Billing Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Website, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
CALIFORNIA RESIDENTS. Under California Civil Code Section 1798.83, California residents who have an established business relationship with we may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an email to email@example.com.
In addition, Serhant does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
For questions relating to privacy, please contact us at firstname.lastname@example.org.