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 and/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.
- 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 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, SUITABILITY, TIMELINESS 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 AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO SERHANT FOR THE PRODUCTS, SERVICES, OR COURSES GIVING RISE TO THE CLAIM(S), 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.
- Returns and Refunds. Digital education products such as Sell It Like Serhant courses include a qualified 60-day refund policy. First, complete the entire course (including exercises and worksheets). Second, provide documentary proof detailing how you applied the course lessons and how they didn’t deliver the expected results. Proof should be emailed to [email protected] (attaching completed worksheets and exercises) with a detailed explanation of how you failed to achieve expected results from our program. Upon our confirmed receipt of the aforementioned information, we’ll refund your enrollment, no additional questions asked. We neither accept product returns nor do we issue refunds for physical products. Refund requests for events will be considered only if we receive your refund request within 24 hours of purchase. If an event is cancelled, we will issue a refund to the payment method used at the time of purchase. If an event is postponed, rescheduled, or relocated, your tickets are valid for the new date and no further action is required. Your ticket is non-transferable and non-refundable absent extenuating circumstances as determined by us in our sole discretion. We reserve the right to cancel or postpone any event for any reason without liability to you. If you are unable to attend a purchased event due to a COVID-19 diagnosis, we will not provide a refund but we will attempt to apply your purchase to a future, similarly priced event. We do not offer refunds when a seat is reserved for live courses due to the immediate consumable nature of such a product. Notwithstanding, if you enrolled in and cannot attend a live course, we can move you to a different live/virtual course up to 48 hours before your first session. We want you to be happy with products purchased through our website. If you are unhappy with your order, please let us know at [email protected].
- 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.
- CLASS ACTION WAIVER. You understand and 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 UDERSTAND AND 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.
- 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.
- STATE OF REAL ESTATE MARKETING SURVEY SWEEPSTAKES TERMS AND CONDITIONS. Eligibility: The giveaway is open only to legal residents of the United States aged 18 years or older.
Entry Period: Entries will be accepted from 02/06/2023-02/13/2023.
How to Enter: To enter, participants must complete the “State of Real Estate Marketing 2023” survey to its entirety. Limit one entry per person.
Winner Selection: The winner will be selected in a random drawing from among all eligible entries received. The drawing will be conducted within 30 days of the entry period.
Prizes: One winner will win a year of Luxury Presence website service at the “Launch” tier with custom website setup, or one-time credit of equivalent value for existing Luxury Presence customers. The prize is non-transferable and cannot be redeemed for cash. Luxury Presence reserves the right to substitute a prize of equal or greater value in its sole discretion.
Notification: The winner will be notified by email. The winner must respond to the notification within 30 days or the prize will be forfeited and an alternate winner will be selected.
Publicity: By entering the giveaway, the winner agrees to allow Luxury Presence to use their name and likeness for promotional purposes without additional compensation.
Release: By entering the giveaway, participants release the sponsor, its affiliates, and each of their respective officers, directors, employees, and agents from any liability for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the giveaway or with the acceptance, possession, or use of any prize.
Disputes: The giveaway is governed by the laws of the United States and the state of California without regard to any state’s conflicts of laws rules. Luxury presence agrees to defend, indemnify, and hold harmless SERHANT, including its agents, employees and subsidiaries from and against all third party claims arising out of this contest. .
Changes to Rules: Luxury Presence reserves the right to modify these rules or cancel the giveaway at any time, without notice.
All information collected through the survey will be kept confidential and only used for research purposes as outlined by Luxury Presence. Luxury Presence may use the results of the survey for research and analytical purposes, including publishing in industry journals and presenting at conferences. No individual participant will be personally identified in any publication or presentation of the results.
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