THE GLOBAL LEARNING PARTNERS and REALESTATEWEALTHEXPO.COM TERMS OF SERVICE. Welcome to Global Learning Partners and RealEstateWealthExpo.com! These Terms of Service apply to RealEstateWealthExpo.com (or “we”) and include the RealEstateWealthExpo.com. website and network (the “RealEstateWealthExpo.com Network”), and any other features, content, or applications offered from time to time by RealEstateWealthExpo.com in connection with the RealEstateWealthExpo.com Network.
The following are the RealEstateWealthExpo.com Terms of Service (“Agreement”). These Terms of Service constitute a legally binding agreement made by and between RealEstateWealthExpo.com and you, whether personally or on behalf of an entity (“you”), concerning your access to and use of the RealEstateWealthExpo.com Network (as further defined below).
- Ownership. RealEstateWealthExpo.com is owned by Global Learning Partners, LLC, and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively included in the use of the term, “RealEstateWealthExpo.com”). The RealEstateWealthExpo.com Network currently consists of various web pages at or linked to the URL www.RealEstateWealthExpo.com, as well as areas of numerous websites operated by other companies that have entered into an agreement with RealEstateWealthExpo.com to publish RealEstateWealthExpo.com content on their site, or their content on the RealEstateWealthExpo.com site. RealEstateWealthExpo.com and the RealEstateWealthExpo.com Network may expand or change from time to time. RealEstateWealthExpo.com is hosted in the U.S.
“Agreement” means these RealEstateWealthExpo.com Terms of Service.
“RealEstateWealthExpo.com Indemnified Parties” means Global Learning Partners, LLC’s present and former directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, services providers and other contractors.
“RealEstateWealthExpo.com Marks” means RealEstateWealthExpo, www.RealEstateWealthExpo.com, and all other trademarks, service marks, graphics, logos and domain names used in connection with or belonging to RealEstateWealthExpo.com, Global Learning Partners, LLC, and their affiliates.
“RealEstateWealthExpo.com Network” means RealEstateWealthExpo.com’s internet and electronic media network, including without limitation all: (i) RealEstateWealthExpo.com Web Logs, RealEstateWealthExpo.com Forum Posts and other Content (each as defined herein) owned by RealEstateWealthExpo.com or RealEstateWealthExpo.com’s licensors and made available on the RealEstateWealthExpo.com Network; (ii) computer code, data and other materials owned by RealEstateWealthExpo.com or RealEstateWealthExpo.com’s licensors and provided to or used by you for the purpose of permitting you to access and use the RealEstateWealthExpo.com Network; and (iii) all servers, networks and other data storage, processing and communications equipment owned by or operated for the sole benefit of RealEstateWealthExpo.com and used in connection with the RealEstateWealthExpo.com Network.
“RealEstateWealthExpo.com Partner Site” or “Partner Site” means a website through which the RealEstateWealthExpo.com Network is accessible.
“RealEstateWealthExpo.com user” means a registered user of RealEstateWealthExpo.com.
“Claim” means any claim, action, demand, causes of action or other proceeding.
“Content” means any multimedia text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials on the RealEstateWealthExpo.com Network.
“Indemnified Claim” means a Claim as to which you are required to defend, indemnify or hold harmless the RealEstateWealthExpo.com Indemnified Parties.
“Third-Party Website” means a website neither owned nor controlled by RealEstateWealthExpo.com, including without limitation any RealEstateWealthExpo.com Partner Site or any other website as to which a link is available on the RealEstateWealthExpo.com Network.
“User” or “Viewer” means an individual, including any RealEstateWealthExpo.com user, who accesses and uses the RealEstateWealthExpo.com Network for the purpose of searching and accessing the RealEstateWealthExpo.com Web Logs, RealEstateWealthExpo.com Forum Posts or other media.
- Non-Discrimination. RealEstateWealthExpo.com does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
- Eligibility. Use or viewing of RealEstateWealthExpo.com and its content is void where prohibited. By using the RealEstateWealthExpo.com Network, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of RealEstateWealthExpo.com does not violate any applicable law or regulation. Your use and profile may be terminated without warning if we believe that you are less than 18 years of age or we determine that you are otherwise in violation of our Terms of Service.
- License to Use the RealEstateWealthExpo.com Network. Subject to your compliance with the terms and conditions of this Agreement, RealEstateWealthExpo.com grants you a revocable, non-exclusive, non-sublicensable, and nontransferable license, only insofar as is necessary, to use the RealEstateWealthExpo.com Network and any associated software. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of RealEstateWealthExpo.com or any other party. Any and all software comprising the RealEstateWealthExpo.com Network is licensed to you and not sold. You shall not, and shall not permit or assist others to: (i) copy, modify, translate, reverse engineer, decompile or disassemble, or create derivative works based upon, that software; (ii) rent, lease, loan, sublicense or resell, or otherwise transfer or grant rights in or to, that software; (iii) remove or disable any proprietary rights notices in or reproduced by that software; (iv) decrypt, break, alter, interfere with or attempt to circumvent any device or measure intended to control access to or to protect the copyrighted works of RealEstateWealthExpo.com or any other party and integrated into that software; or (v) use the software in any manner that may violate any agreement between you and RealEstateWealthExpo.com or any applicable law or regulation. RealEstateWealthExpo.com may, in its sole discretion, require you to perform, or automatically perform, updates, modifications or reinstallations, or the downloading of patches, to any and all software comprising the RealEstateWealthExpo.com Network. In the event that you breach any provision of this Agreement, your rights under this section immediately will terminate.
- Term and Survival. This Agreement shall remain in full force and effect while you view or use the RealEstateWealthExpo.com Network. Upon termination, all rights and obligations created by this Agreement will terminate, except provisions concerning your representations and warranties, and all rights and obligations created pursuant to those sections will survive any termination of this Agreement.
- Changes to the RealEstateWealthExpo.com Network. Internet technology and the applicable laws, rules and regulations change frequently. Accordingly, RealEstateWealthExpo.com reserves the right to change, modify, suspend, make improvements to or discontinue any aspect of the RealEstateWealthExpo.com Network, at any time and without notice to you. Under no circumstance will RealEstateWealthExpo.com be liable for any such change. Any changes or modification will be effective upon posting of the revisions and these Terms of Service will reflect the new effective date. Your continued use or viewing of this Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms of Service (including its posting date) and applicable policies from time-to-time to understand the terms and conditions that apply to your access to and use of RealEstateWealthExpo.com’s Internet based RealEstateWealthExpo.com Network. If you do not agree with any changes made to the RealEstateWealthExpo.com Network, your sole remedy is to terminate your account, if any, and to stop accessing, viewing or using RealEstateWealthExpo.com and the RealEstateWealthExpo.com Network.
- Registration RealEstateWealthExpo.com Users. To become “RealEstateWealthExpo.com user”, you must register and create an account with RealEstateWealthExpo.com through our online registration process at www.RealEstateWealthExpo.com. You must provide RealEstateWealthExpo.com with accurate and complete registration information, including your first and last name, email address, birth date, zip code, and your chosen RealEstateWealthExpo.com username. Registration is limited to individuals who reside in the United States of America and who are 18 years of age or older. By registering to become a RealEstateWealthExpo.com user, you represent and warrant that the information you provide to RealEstateWealthExpo.com is accurate. You also agree to, and represent and warrant that you will, promptly update your contact information in the event any of that information changes. You may update your account information by logging in to your account at www.RealEstateWealthExpo.com. RealEstateWealthExpo.com reserves the right to terminate your access to and use of the RealEstateWealthExpo.com Network if you fail to provide, or to timely update, that information. When you register to become a RealEstateWealthExpo.com user, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and your username. You agree not to use the account, username, or password of another RealEstateWealthExpo.com user at any time or to disclose your password to any third party. You agree to notify RealEstateWealthExpo.com immediately if you suspect any unauthorized use of your account or access to your password. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be an employee of RealEstateWealthExpo.com. OUR EMPLOYEES WILL NEVER ASK YOU FOR YOUR PASSWORD! You are solely responsible for any and all use of your account.
- Usage by Minors. RealEstateWealthExpo.com users must be age 18 or over. If RealEstateWealthExpo.com learns that anyone under the age of 18 seeks to use or view the Network, RealEstateWealthExpo.com will terminate their use or require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). REALESTATEWEALTHEXPO.COM DOES NOT MAINTAIN ANY INFORMATION FOR VIEWERS OR USERS WHO ARE UNDER 18. In cases where you have authorized a minor to use RealEstateWealthExpo.com, you recognize that you are fully responsible for the online conduct of such minor; controlling the minor’s access to and use RealEstateWealthExpo.com, and the consequences of any misuse by the minor. You acknowledge that some areas of the RealEstateWealthExpo.com Network may contain Content that is inappropriate for minors.
- Content Not Screened or Error Free. You acknowledge and agree that RealEstateWealthExpo.com does not screen or review published content on the RealEstateWealthExpo.com Network, nor does it screen or review any other communications from Experts on the site or communicated to you by an Expert in any other way, to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. You acknowledge and agree that by using RealEstateWealthExpo.com, you may be exposed to content that is offensive, indecent or objectionable. You further acknowledge and agree that the content may contain errors or omissions or may even be false. Under no circumstances will RealEstateWealthExpo.com be liable in any way for any RealEstateWealthExpo.com user or other third party content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use, reliance on, or publication of any such content posted, emailed or otherwise transmitted via the RealEstateWealthExpo.com Network. RealEstateWealthExpo.com does not guarantee that any content or media will be to your satisfaction.
- Reporting Violations. Given the nature of the RealEstateWealthExpo.com Network and the Internet generally RealEstateWealthExpo.com must also rely on Viewers to report violations that they observe. If you suspect that a RealEstateWealthExpo.com or other Viewer has violated this Agreement, or has made available content that violates this Agreement or a RealEstateWealthExpo.com policy or that is otherwise illegal, you should report the suspected violation to RealEstateWealthExpo.com. You hereby represent and warrant that any information you provide in connection with any report of a suspected violation will be true and correct, subject to penalty of perjury.
- Reporting of Violations of Copyright. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify The Global Learning Partners’ copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim has been infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Service; 4. Information reasonably sufficient to permit RealEstateWealthExpo.com to contact you, such as your address, telephone number, and e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent: Name: Andrew L. Hyams Attn: DMCA Notice Company: Kerstein, Coren & Lichtenstein, LLC Address: 60 Walnut Street, Wellesley, MA 02481 Telephone: 781-997-1600, Fax: 781-997-1633 10 Email: [email protected] UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying Global Learning Partners and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Global Learning Partners’ rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
- Non-commercial Use by Members. RealEstateWealthExpo.com is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by RealEstateWealthExpo.com under separate contract. Illegal and/or unauthorized use of the RealEstateWealthExpo.com, including collecting usernames and/or email addresses of Viewers or RealEstateWealthExpo.com users by electronic or other means for any purpose or unauthorized framing of or linking to the RealEstateWealthExpo.com Network is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice and may result in termination of all rights and privileges herein. Appropriate legal action will be taken for any illegal or unauthorized use of the RealEstateWealthExpo.com Network.
- Viewer Responsibility. By operating the RealEstateWealthExpo.com Network, RealEstateWealthExpo.com does not represent or imply that we endorse all content available on or linked to by the RealEstateWealthExpo.com Network, including without limitation content hosted on Third-Party Websites, or that we believe such RealEstateWealthExpo.com Web Logs, Forum Posts or other content to be accurate, useful, or non-harmful. REALESTATEWEALTHEXPO.COM DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR ACCESS TO OR USE OF THE REALESTATEWEALTHEXPO.COM NETWORK, INCLUDING WITHOUT LIMITATION YOUR OR OTHERS’ ACCESSING OR DOWNLOADING OF THE CONTENT OR OTHER MATERIALS AVAILABLE ON OR LINKED TO BY THE REALESTATEWEALTHEXPO.COM NETWORK, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD-PARTIES. IN ADDITION, YOU ARE RESPONSIBLE FOR TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOURSELF AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT.
- Abuses of the RealEstateWealthExpo.com Network. You may not access or use the RealEstateWealthExpo.com Network for any purpose other than that for which RealEstateWealthExpo.com makes it available. For example, and without limitation, you may not, and may not encourage others to, as determined RealEstateWealthExpo.com in its sole discretion: generate a substantially higher volume of RealEstateWealthExpo.com Network traffic or otherwise use the RealEstateWealthExpo.com Network so as to impose an unnecessary burden on the RealEstateWealthExpo.com Network; run programs in the background on the RealEstateWealthExpo.com Network’s servers; gain or attempt to gain unauthorized access to any portion of the RealEstateWealthExpo.com Network; exploit or attempt to exploit the RealEstateWealthExpo.com Network for the purpose of gathering information about any other person or entity; access, copy or monitor the RealEstateWealthExpo.com Network or any portion thereof, or employing any program, device or method to circumvent the navigational structure or presentation the RealEstateWealthExpo.com Network or copy information and materials; use the RealEstateWealthExpo.com Network for any commercial purpose, other than as authorized by RealEstateWealthExpo.com, including without limitation the solicitation of funds, the advertising or solicitation of goods or services, or the promotion of any other commercial website or service, without the express written permission of RealEstateWealthExpo.com; or do any other thing that might damage, disable or impair the RealEstateWealthExpo.com Network, or otherwise interfere with any other party’s use or enjoyment of the RealEstateWealthExpo.com Network.
- Third-Party Websites The RealEstateWealthExpo.com Network may be accessed through a wide variety of Network Partner Sites that, as independent contractors of RealEstateWealthExpo.com, are neither owned nor controlled by RealEstateWealthExpo.com. Furthermore, the RealEstateWealthExpo.com Network may contain links to additional Third-Party Websites that are neither owned nor controlled by RealEstateWealthExpo.com. RealEstateWealthExpo.com has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through Network Partner Sites and other Third-Party Websites. RealEstateWealthExpo.com does not represent, warrant or endorse any Network Partner Site or other Third-Party Website, or any material, goods or services available thereon or thereby. You agree that, when linking to or otherwise accessing or using a Network Partner Site or other Third-Party Website, you are solely responsible for the consequences, whatever they may be. REALESTATEWEALTHEXPO.COM DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, OR PURCHASING OF SERVICES FROM NETWORK PARTNER SITES AND OTHER 14 THIRD-PARTY WEBSITES.
- Trademarks. Global Learning Partners-owned marks are trademarks or registered trademarks of Global Learning Partners., LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the RealEstateWealthExpo.com Network may be the trademarks of third parties. Neither your access to and use of the RealEstateWealthExpo.com Network nor this Agreement grant you any right or license to reproduce or otherwise use the RealEstateWealthExpo.com Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Real Estate Wealth Expo Marks generated as a result of your use of the RealEstateWealthExpo.com Network will inure to the benefit of us, and you agree to assign, and hereby do assign, all such goodwill to us. You shall not at any time, nor shall you assist others to, challenge our right, title, or interest in or to, or the validity of, the Real Estate Wealth Expo Marks.
- Copyrighted Materials; Copyright Notice. All content and other materials available on the RealEstateWealthExpo.com Network, including without limitation the RealEstateWealthExpo.com logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by RealEstateWealthExpo.com or are the property of our licensors and suppliers. Except as explicitly provided, neither your access to and use of the RealEstateWealthExpo.com Network nor this Agreement grant you any right, title or interest in or to any such materials, and you may not use such materials without express written permission of the copyright owner.
- Communications with RealEstateWealthExpo.com
- Notices All notices required or permitted to be given under this Agreement must be in writing and can be sent to: RealEstateWealthExpo.com c/o Global Learning Partners 1776 Park Avenue, Suite 4-161, Park City, UT 84098 with a copy to: Global Learning Partners General Counsel, 60 Walnut Street, 4th Floor Wellesley, Massachusetts 02481. RealEstateWealthExpo.com shall provide notices to RealEstateWealthExpo.com users by email sent to the most recent email address provided by the intended recipient to RealEstateWealthExpo.com. You bear the sole responsibility of ensuring that your email address on file with RealEstateWealthExpo.com is accurate and current, and notice to you shall be deemed effective upon the sending by RealEstateWealthExpo.com of an email to that address. You agree that any notice received from RealEstateWealthExpo.com electronically satisfies any legal requirement that such notice be in writing. For any notices pertaining to copyright infringement you must give notice to RealEstateWealthExpo.com by means of: (i) hand delivery; (ii) certified U.S. mail, return receipt requested, postage prepaid; or (iii) overnight courier, sent to the above listed address. All notices to RealEstateWealthExpo.com will be deemed received as follows: (i) if by hand delivery, on the date of delivery; (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; (iii) if by overnight courier, on the date the receipt is confirmed by such courier service, or (iv) by electronic means when you receive a confirmation that the notice has been received.
- Customer Service All questions or comments concerning the use or functioning of the RealEstateWealthExpo.com Network should be directed to Customer Service at: RealEstateWealthExpo.com , 1776 Park Avenue, Suite 4-161, Park City, UT 84098. All comments submitted to RealEstateWealthExpo.com and concerning the RealEstateWealthExpo.com Network or business will belong to RealEstateWealthExpo.com. By providing comments, you agree to assign, and hereby do assign, to RealEstateWealthExpo.com, to the fullest extent permitted by law, all right, title and interest, including all intellectual property rights, in and to such comments. RealEstateWealthExpo.com will be free to use all comments, and all ideas, concepts or techniques embodied in all comments, for any purpose whatsoever, including without limitation by developing, manufacturing and marketing products or services, whether related to the RealEstateWealthExpo.com Network or not, or incorporating such ideas, concepts, or techniques.
- Disclaimer of Warranties. THE REALESTATEWEALTHEXPO.COM NETWORK IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND REALESTATEWEALTHEXPO.COM AND ITS CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, REALESTATEWEALTHEXPO.COM AND ITS CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATION OR WARRANTY: REGARDING ACCESS TO OR USE OF, OR THE RESULTS OF THE USE OF, THE REALESTATEWEALTHEXPO.COM NETWORK WITH RESPECT TO PERFORMANCE, ACCURACY, TIMELINESS, RELIABILITY, SECURITY CAPABILITY, OR OTHERWISE, OR THAT THE REALESTATEWEALTHEXPO.COM NETWORK WILL BE SUITABLE FOR ANY PURPOSE OR WILL OTHERWISE MEET YOUR REQUIREMENTS; THAT ACCESS TO OR USE OF THE REALESTATEWEALTHEXPO.COM NETWORK WILL NOT INFRINGE ANY THIRD-PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS; THAT YOUR ACCESS TO AND USE OF THE REALESTATEWEALTHEXPO.COM NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE; THAT CONTENT AVAILABLE ON THE REALESTATEWEALTHEXPO.COM NETWORK IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; OR, THAT CONTENT AVAILABLE ON THE REALESTATEWEALTHEXPO.COM NETWORK WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE REALESTATEWEALTHEXPO.COM NETWORK IS AT YOUR SOLE RISK. YOU WILL NOT HOLD REALESTATEWEALTHEXPO.COM OR ITS CONTRATORS OR LICENSORS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE REALESTATEWEALTHEXPO.COM NETWORK, INCLUDING 17 WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY OR GUARANTEE IN ANY WAY WHATSOEVER RELATING TO THE REALESTATEWEALTHEXPO.COM NETWORK AS TO REALESTATEWEALTHEXPO.COM OR ITS CONTRACTORS OR LICENSORS.
- Exclusion of Damages. REALESTATEWEALTHEXPO.COM AND ITS CONTRACTORS AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH YOUR ACCESS TO OR USE OF THE REALESTATEWEALTHEXPO.COM NETWORK, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Liability. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL REALESTATEWEALTHEXPO.COM OR ITS CONTRACTORS OR LICENSORS, AS APPLICABLE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ACCESS TO OR USE OF THE REALESTATEWEALTHEXPO.COM NETWORK, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, EVEN IF REALESTATEWEALTHEXPO.COM OR ITS CONTRACTORS OR LICENSORS, AS APPLICABLE, WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST REALESTATEWEALTHEXPO.COM AND ITS CONTRACTORS AND LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE REALESTATEWEALTHEXPO.COM NETWORK EXCEED $35.00. THE PARTIES AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
- Application. THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND REALESTATEWEALTHEXPO.COM. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. REALESTATEWEALTHEXPO.COM’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS.
- Force Majeure. RealEstateWealthExpo.com will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including without limitation a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a contractor or licensor to RealEstateWealthExpo.com to perform, fire, terrorism, natural disaster, or war.
- By RealEstateWealthExpo.com. RealEstateWealthExpo.com reserves the right, in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your access to and use of the RealEstateWealthExpo.com Network. RealEstateWealthExpo.com also will have the right, in its sole discretion, without notice or liability to you or any third party, to terminate this Agreement for cause. Cause may include, without limitation: (i) your breach of any part of this Agreement; (ii) your violation of the rights of any third party; or (iii) your account becoming inactive for an extended period of time, each in the sole discretion of RealEstateWealthExpo.com.
- By You. You may terminate this Agreement and your rights hereunder for any reason or no reason at all at any time by providing to RealEstateWealthExpo.com notice of your intention to do so.
- Effect of Termination. Any termination of this agreement automatically terminates the license granted to you by RealEstateWealthExpo.com, including without limitation your rights to access and use the RealEstateWealthExpo.com Network, and to create, make available, search and access RealEstateWealthExpo.com Web Logs, Forum Posts or other content. Subsequent to termination, RealEstateWealthExpo.com reserves the right to exercise whatever means we deem necessary to prevent your unauthorized access to and use of the RealEstateWealthExpo.com Network, including without limitation technological barriers such as IP mapping and direct contact with your Internet Service Provider.
- RealEstateWealthExpo.com user/Viewer Disputes. You are solely responsible for your interactions with other RealEstateWealthExpo.com users, users and viewers. RealEstateWealthExpo.com reserves the right, but has no obligation, to monitor such disputes.
- RealEstateWealthExpo.com Disputes. If there is any dispute about or involving the RealEstateWealthExpo.com, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and, without limiting the requirement that all disputes between us are subject the arbitration, you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, County of New York. Either RealEstateWealthExpo.com or you may demand that any dispute between RealEstateWealthExpo.com and you about or involving the RealEstateWealthExpo.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent RealEstateWealthExpo.com from seeking injunctive relief in a court of 21 competent jurisdiction. You agree that, by entering into this Agreement, you and Global Learning Partners are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to The Global Learning Partners should be addressed to: General Counsel, Global Learning Partners, 60 Walnut Street, 4th Floor, Wellesley, MA 02481 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If The Global Learning Partners and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or The Global Learning Partners may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The Global Learning Partners or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or The Global Learning Partners is entitled. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND THE GLOBAL LEARNING PARTNERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Global Learning Partners agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. If any party files a judicial, administrative or arbitration action asserting a claim that is subsequently rejected, dismissed, lost or otherwise unsuccessful, the party filing that action must pay the other party’s costs and expenses, including reasonable attorneys’ fees.
- Remedies in Aid of Arbitration. Notwithstanding anything herein to the contrary, this agreement to arbitrate will not preclude either you or RealEstateWealthExpo.com from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award.
- Legal Action. If RealEstateWealthExpo.com files an arbitration claim or takes other legal action against you in connection with any actual or suspected breach of this Agreement, RealEstateWealthExpo.com will be entitled to recover from you as part of such legal action, and you agree to pay, RealEstateWealthExpo.com’s reasonable costs, expenses and attorneys’ fees incurred as a result of such legal action. RealEstateWealthExpo.com and its licensors and contractors will have no legal obligation or other liability to you or any third party arising out of or relating to RealEstateWealthExpo.com’s termination of this Agreement.
- Irreparable Injury. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to RealEstateWealthExpo.com or its licensors, as the case may be, and would therefore entitle RealEstateWealthExpo.com to injunctive relief.
- Entire Agreement. Amendment This Agreement constitutes the entire agreement between RealEstateWealthExpo.com and you concerning your access to and use of the RealEstateWealthExpo.com Network, and may only be modified by a written amendment signed by an authorized executive of RealEstateWealthExpo.com or by the unilateral amendment of this Agreement by RealEstateWealthExpo.com and the posting by RealEstateWealthExpo.com of such amended version.
- Severability. Waiver If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- U.S. Export Controls. Software available in connection with the RealEstateWealthExpo.com is further subject to United States export controls. No software may be downloaded from the RealEstateWealthExpo.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
- Assignment. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of RealEstateWealthExpo.com. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- Relationship. You and RealEstateWealthExpo.com are independent of one another, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
- Third Party. Except for RealEstateWealthExpo.com’s contractors, licensors and the RealEstateWealthExpo.com Indemnified Parties, to the extent set forth herein, there are no third-party beneficiaries to this Agreement.
Updated: January 25, 2017