These terms and conditions (“Terms”, “Agreement”) are an agreement between Real Broker Inc. (“Real”, “Us”, “We” or “Our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of Real’s website https://www.real.academy/ and any of its products or services (collectively, “Website” or “Services”).
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 17 for more information.
By accepting these Terms or by accessing our Services, you acknowledge and agree that you:
- Are at least 18 years of age;
- Have read and understand the Terms;
- Agree to be legally bound to the Terms and any other agreements or policies incorporated herein by reference;
- Have the authority to accept the Terms on behalf of yourself in an individual capacity or, if applicable, on behalf of a company, brokerage, or other business entity that you represent; and
- 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 Real is not liable for your compliance with such applicable laws. 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.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Real seeks to provide quality education to all students on the platform. While we make every attempt to create a quality experience, we typically do not offer refunds if You are dissatisfied with a course.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
While we make reasonable attempts to maintain your content on the website, we are not ultimately responsible for content residing on the site. In no event shall we be held liable for any loss of any content. It is your sole responsibility to maintain an appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes.
Real values your privacy and your personal information. We may change our Privacy Statement from time to time and we encourage you to review our Terms and Conditions whenever you interact with Real to stay informed. There are limited instances in which Real will provide your information to a third party. These are:
- Real may provide your information to your referral source (you came to the website through a third party) in the event that you were referred to Real by a referral source. By purchasing from Real and thus agreeing to these Terms and Conditions, you hereby grant Real permission to provide your information to the referral source.
- Real may provide/sell your information to those third parties that you specifically grant permission for in other parts of the website and/or LMS.
- Real may provide your information to a third party if necessary to comply with regulatory requirements, such as licensure rules and state taxation requirements.
Real may provide your information to a third party to improve business practices.CALIFORNIA PRIVACY POLICY
- Real values your privacy and your personal information. Real may change its Privacy Policy from time to time, and Real encourages you to review its Terms and Conditions and California Privacy Policy whenever you interact with Real to stay informed. Real’s California Privacy Policy conforms with the California Consumer Privacy Act (the “CCPA”) requirements.
- Outside of the limited instances provided below, Real only collects personal information from you that you provide directly to Real that is required to be collected in the normal course of Real’s business so that you may register, pay, complete your regulatory course, and your regulatory course completion can be reported to the applicable regulatory agency.
- Regarding requests by you to delete personal information provided to us by you pursuant to paragraph 2 above, Real is unable to honor such requests as it is governed by various regulatory agencies which require us to retain the personal information you provide to us. Real collects the following types of personal information: Student name, student address/billing address, student telephone number, student email, student real estate license/driver’s license number, and student payment information.
There are limited instances in which Real will provide your information to a third party. These are:- Real may provide your information to your referral source (you came to Real Website through the referring third party). By purchasing from Real and thus agreeing to these Terms and Conditions, you hereby grant Real permission to provide your information to the referral source.
- Real may provide/sell your information to those third parties for the particular purpose that you specifically grant permission for or opt in to in other parts of the Website.
- Real may provide your information as required to third-party regulatory agencies to comply with state regulatory requirements, such as state licensure rules and state taxation requirements.
Real may provide your information to a third party to improve business practices.If you wish to verify your information currently with Real, please send an email to learning@therealbrokerage.com
If you wish to opt out of a program that you have opted in to, please send an email to learning@therealbrokerage.com.
If you believe that, for some reason, you have the right to have your information deleted per the CCPA, please send an email to learning@therealbrokerage.com or call our toll-free number at (855) 450-0442.
Real does not collect personal information from minors under the age of 16.
Real does not discriminate based on you exercising your Consumer Privacy Rights granted by the CCPA.
We reserve the right to withdraw or amend access to our Services, or any part of the Services. Real 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:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your Internet connection are aware of these Terms of Use and comply with them.
- Real’s Services are delivered through a secure and proprietary Learning Management System (LMS). An internet connection is required (high speed is recommended, but not required).
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.- 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.
- 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. Further, you agree that all information you provide to register with Us is governed by our Privacy Policy.
- 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.
- 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.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
This Agreement does not transfer to you any intellectual property owned by Real or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Real. All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of Real. Other trademarks, service marks, graphics, and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Real or third-party trademarks.
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.
The Services may include links to or content provided by third parties. Real does not maintain or own this content and we do not imply approval, sponsorship, or endorsement of these other sites and we have not reviewed these other sites. If you decide to leave our Website to access third-party sites, you do so at your own risk. You agree that Real does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services.
We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend or restrict the Services and/or your ability to access, visit, or use the Services or any portion thereof, for any or no reason, with or without notice.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any 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 of Use or your use of the Services.
All matters relating to the Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.To the extent not subject to the arbitration provision in Section 17 below, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the New York County court, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you have any issue or dispute with Real, you agree to first contact us at learning-disputes@therealbrokerage.com and attempt to resolve the dispute with us informally. If we are not able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless both parties agree otherwise, the arbitration will be conducted in New York County, New York. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Real’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms and our Privacy Policy, subject to any amendments, modifications, or additional agreements you enter into with Real, shall constitute the entire agreement between you and Real with respect to the Services and any use of the Services.
If you have any questions or comments about these Terms please contact us at: learning@therealbrokerage.com
