TERMS OF USE FOR ECOMMERCE
Please Read These Terms Of Use Carefully Before Using This Site.
By using this site, you acknowledge your assent (agreement), without modification or limitation, to these Terms of Use (“TOU”). If you do not agree to all of these Terms of Use, you may not access, view, obtain goods or services from, or otherwise use the website http://listingschool.com the Site”, “Listing School Dot Com, LLC”, “we”, “our” or “us”)
This Site is made available by Listing School Dot Com, LLC. These Terms of Use apply to all visits to the Site both now and in the future.
The term “User” refers to you as a “Visitor” to this Site.
COPYRIGHT/ RESTRICTIONS ON USE OF MATERIAL:
WARNING:
ALL of the training materials on this website, video, audio and written materials are the copyrighted works and materials of Jerry Bresser.
The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in prison and a fine of $250,000.
After your payment(s) has been received in full by Listing School Dot Com, LLC, we have authorized you to view and download ONE COPY of the downloadable materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You warrant not to use, copy, reproduce, republish, upload, post, transmit, distribute, display or modify these copyrighted materials in any way, physically or electronically without prior written approval from Listing School Dot Com, LLC or use them for any public, private or commercial purpose. TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED:
All trademarks, service marks, logos, or other corporate identifications such as Jerry Bresser, listing school, listingschool.com (collectively, “Marks”) on this Site are trademarks or service marks of Listing School Dot Com, LLC. You warrant not to use, copy, reproduce, republish, upload, post, transmit, distribute, display or modify these copyrighted materials in any way, physically or electronically without prior written approval from Listing School Dot Com, LLC.
ELIGIBILITY AND AUTHORIZATION:
To be eligible for our Services, you must be at least 18 years old. When signing up for our Services, you authorize Listing School Dot Com, LLC, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.
USER NAME, ACCOUNT AND PASSWORD:
When you sign up for Services from Listing School Dot Com, LLC, you will be given a Username and a password. We ask that you change your password as soon as you login to the site for the first time. You are entirely responsible for maintaining the confidentiality of your password and User Profile.
You will not disclose your password to any third party. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password. You agree not to use the account, username, or password of another User.
CLOSING YOUR ACCOUNT:
You may terminate your membership with us at any time by sending an email to: cancel@listingschool.com and providing us with your contact information and reason for cancellation. If your account is not closed before your next billing cycle your account will be renewed. In the event of termination of your Listing School enrollment, sections: Limitation Of Liability, Indemnification, Prohibited Content and/or Activity, Copyright/ Restrictions On Use Of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.
LIMITATION OF LIABILITY:
Listing School Dot Com, LLC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Listing School Dot Com, LLC or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or Content found herein, or (ii) the performance or non performance by Listing School Dot Com, LLC or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
INDEMNIFICATION:
User agrees to indemnify and hold harmless Listing School Dot Com, LLC, at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
PROHIBITED CONTENT AND/OR ACTIVITY:
You must use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use Listing School Dot Com, LLC’s services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; on this matter.
We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation and terminating the membership of such violators.
In addition you agree not to:
- harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- transmit “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, or “spam”;
- solicit passwords or personal identifying information from other Users;
- use the Site in any unlawful manner or in any other manner that could damage, disable, interfere with, disrupt, or create an undue burden to the Site;
- circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of this Site;
- harass or advocate harassment of another person or User;
- provide any email addresses, telephone numbers, street addresses, names or URLs in your member profile or anywhere else on this Site;
- register for more than one Member account or register for a Member account on behalf of another individual, group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
- use or attempt to use another’s account without authorization from us;
- violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
- fail to make payment for items purchased by you
- circumvent or manipulate our fee structure, the billing process, or fees owed to Listing School Dot Com, LLC;
- transfer your listingschool.com member account and User ID to another party without our express written consent;
1. USER CONTENT:
Listing School Dot Com, LLC reserves the right to terminate members that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Listing School Dot Com, LLC in its sole discretion.
2. FEES AND SERVICES:
The Fees Schedule is outlined on the Pricing page of http://listingschool.com and is subject to change from time to time at the sole discretion of Listing School Dot Com, LLC. This pricing page does not preclude the possibility of special, group, or brokerage pricing available at any time. Check with ListingSchool.com management for bulk and/or discounted pricing and services.
AFFILIATES
Unless otherwise stated, all fees and commissions are quoted in U.S. Dollars. You are responsible for paying all charges applicable to your Service. As an affiliate of listingschool.com, you are deemed to be an independent contractor and you are responsible for paying any taxes to your governmental authorities in accordance with the laws of your land. Listing School Dot Com, LLC and you, the affiliate, agree that affiliate commissions will only be paid electronically and you agree to provide Listing School Dot Com, LLC with the information necessary to transmit funds electronically.
Listing School Dot Com, LLC reserves the right to terminate the membership/affiliation with any member/affiliate that violates any of the terms of this agreement and no further commissions will be due or payable to affiliate and access to listingschool.com will be barred for life. As an affiliate, you are not allowed to refer yourself to Listing School using a different email address with the purpose of collecting a commission on yourself. This is unacceptable and will not be tolerated. Anyone violating this policy and discovered to be collecting a commission on oneself may be barred from Listing School.
As an affiliate, you are not allowed OR authorized to SPAM a Realtor® List or agent list in order to encourage anyone to enroll in listingschool.com. We take spamming very seriously and any affiliate engaged in spamming will be immediately terminated and barred from listing school with no commissions paid.
EMAIL NEWSLETTER & SURVEYS:
This Site may contain online contests and surveys. Contests are solely to generate user interest. The surveys are for informational purposes and primarily contain sets of ‘multiple choice’ questions. Participation in such contest and surveys is voluntary
Payments to Listing School Dot Com, LLC
Authorization To Credit And Debit Accounts. The Listing School Dot Com, LLC Payment Service requires User to pay with a credit card, wire transfer, ACH or debit card or check. You irrevocably and expressly authorize Listing School Dot Com, LLC to credit any monies to the account that you have identified for Listing School Dot Com, LLC. You irrevocably and expressly authorize Listing School Dot Com, LLC to withhold any monies and/or debit any monies from any account that you have identified to Listing School Dot Com, LLC for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to Listing School Dot Com, LLC. We reserve our rights to all actions and remedies in connection with any monies owed to Listing School Dot Com, LLC. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES:
Please report any violations of the TOU, by emailing to: support@listingschool.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
NO PARTNERSHIP OR AGENCY:
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Listing School Dot Com, LLC as a result of use of the Site.
PRIVACY:
Listing School Dot Com, LLC is strongly committed to protecting your privacy and has implemented a comprehensive privacy policy. Listing School Dot Com, LLC does not disclose or release personal or financial information about you except what is necessary to process your request for assistance. For details, please view our Privacy Policy
COMPLIANCE WITH STATE AND FEDERAL LAWS:
Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Listing School Dot Com, LLC makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.
MISCELLANEOUS:
Listing School Dot Com, LLC may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting http://listingschool.com where you have provided contact information. If you do not provide us with accurate information, Listing School Dot Com, LLC cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Listing School Dot Com, LLC and govern your use of the Site, superseding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of Arkansas, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Rogers, AR if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
ACKNOWLEDGEMENT:
By your use of this Site, you agree that:
- You have read, understood and agreed to abide by all of the Terms and Conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference;
- YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT , INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT .
CONTACT US:
If you would like to request additional information regarding these Terms of Use, please contact us at info@listingschool.com or call our offices at (877) 523-3412.
Listing School Dot Com LLC ‘s physical address is 2100 West New Hope Road, Unit #803, Rogers, AR 72758.