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Terms of Service and End User License Agreement


THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (COLLECTIVELY THE "TERMS" OR "AGREEMENT") APPLY TO YOUR USE OF FREEDOM TRAIL REALTY SCHOOL INC.'S ONLINE CLASSES AND CLASS PLATFORM APPLICATION (THE "EDUCATION SERVICE" OR "APPLICATION"), AN ONLINE EDUCATION SERVICE PROVIDED BY FREEDOM TRAIL REALTY SCHOOL, INC. ("COMPANY").

PLEASE READ THE AGREEMENT CAREFULLY. BY USING THE EDUCATION SERVICE YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL TERMS OF THE AGREEMENT; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 

USE OF THE EDUCATION SERVICE CONSTITUTES AGREEMENT TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE AGREEMENT OR CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THE EDUCATION SERVICE.

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS­WIDE ARBITRATION.

SCOPE OF LICENSE

The Education Service, services and related content described herein and provided by the Company in connection with the Education Service are licensed to You, not sold. The scope of the license granted to You by this Agreement shall be limited to a non-transferable license to use the Education Service on any internet connected device that You own or control solely for the purposes of obtaining professional education.

This license does not allow You to use the Education Service on any device that You do not own or control, and You may not distribute or make the Education Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Education Service or any Company provided content. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Education Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Education Service). 

Any attempt to do so is a violation of the rights of the Company and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Company that replace and/or supplement the original Education Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Access to the Education Service under this license is limited to persons seeking professional education in the field of real estate. You may not access the Education Service for any other purpose. The Education Service is not available to competitors of Freedom Trail Realty School, Inc., and competitors of Freedom Trail Realty School, Inc. are hereby expressly prohibited from using or accessing the Education Service. Freedom Trail Realty School, Inc. reserves the right to immediately terminate access to the Education Service to anyone discovered using the Education Service for any purposes not permitted under this Agreement or otherwise violating any of the terms and conditions of this Agreement, without refund.

TECHNICAL REQUIREMENTS AND ACCESS

Access to the Education Service, your account and class progress, and the online classes offered by the Company via the Education Service, requires an internet connection and a computing device capable of running the Education Service. You acknowledge that access to purchased class time requires internet access, and that You must provide Your own internet access for Your computing device at your own expense.

You acknowledge that the Education Service may use Your cellular data and/or internet connection for purposes including but not limited to: internet access, streaming classes to the Education Service, reporting usage data, and tracking student progress. You agree that any costs associated with the Education Service’s use of Your data connection are solely Your responsibility. You further agree that under no circumstances shall the Company be responsible for any costs or payments incurred by You as a result of Your use of the Education Service. 

Your class credit will be recorded to Company’s servers. The credit will be associated with Your user account used to take the classes offered in the Education Service. Recorded credit will be made available for later access using Your account, in the Education Service. If You should lose Your password or login information, You may be unable to access your recorded credit, since access to Your credit requires the use of Your login information. Please make note of Your login information so as to avoid losing access to Your recorded credit.

FEES; REFUNDS AND PAID USE

The Company will require You to purchase access to the Company’s classes. To receive credit You must purchase access to the Company’s classes. The Company’s charges for class access and any and all other ancillary services are available via the Education Service and are subject to change from time to time in the Company’s sole and absolute discretion. The Company’s then current fees are set forth on the applicable pages on its website.  The Company does not store, process or transmit any of your credit card data but relies entirely on third parties to handle these functions. You must comply with such third party’s terms made available to you. Payments due for the Company’s classes and services may be subject to the Stripe Services Agreement.  If You do not agree to Stripe’s terms, then please do not sign up for our classes and services.  Classes and services will not be activated until your payment is received. 

Purchase of class access is refundable within 14 days of Your registration if You have not begun any classes or logged any class time. If You request a refund after you have begun classes or logged class time, but within 14 days of Your registration, a pro-rata refund shall be issued less the class time You have used. Eligible purchases will be refunded to the original payment method only. If 14 days have elapsed since Your registration, or if You have finished your classes, Your purchase shall not be refundable, and no refund will be issued under any circumstances.

Class access is valid for the length of time purchased by your account (base period: 6 months), and class time must be completed within the time limit of your purchase for You to receive credit. Class access is permanently archived on or before 1 year from the date of expiration. If You have not completed Your class time within the purchased time period You will not receive credit for class time completed. You will be required to purchase class access again and start Your class time over if You wish to continue Your access to the Company’s classes offered via the Education Service.

PASS OR DON'T PAY GUARANTEE

The Company will refund Your class access purchase under Company's Pass or Don't Pay Guarantee within 30 days of Your request if you satisfy the following criteria:

1) Purchase access to the Pass or Don't Pay Guarantee for Your account. Only those accounts that have purchased access to the Pass or Don't Pay Guarantee are eligible for a refund under the Pass or Don't Pay Guarantee.

2) Score higher than 85% on all sections of at least six (6) of Company's full online practice exams, as determined by the Education Service, before taking your State administered licensing test.

3) Take your State administered real estate licensing test within 90 days of completing Your course, as tracked by the Education Service. Any delays caused by You or the test administrator shall not extend the 90 day time frame.

4) Provide Company with a full copy of your State provided failing test score report within at 30 days of failing the State administered real estate licensing test.

The Pass or Don't Pay Guarantee applies to the first time You take the State licensing test. It does not apply to retakes.

REFERRALS

The Company will refund 5% of Your class access purchase to the original form of payment for every person that signs up for the Company's online classes using Your referral link, as tracked by the Education Service. Company will not issue any refunds for any persons not using Your referral link, as tracked by the Education Service. Refunds are limited to the price of Your class access purchase price. Company will not refund any amounts in excess of Your class access purchase price. Refunds will be made within 30 days of Your referral signing up and paying for Company's classes and only where the fee paid by referral has become non-refundable (i.e. by way of example, where the referral has not requested a refund within 14 days of their registration, etc.). 

Company reserves the right to deny or cancel referral refunds for any reason, without cause. If Company believes You to be abusing Company's referral system, Company reserves the right to terminate your account. Such termination shall not entitle You to any refund of Your class access purchase. Company shall not be required to provide evidence of any abuse of the Referral system in order to take such action.

STUDENT PROGRESS

Classes offered via the Education Service are time based. Your progress shall be tracked by the Education Service, and communicated to and stored on the Company’s servers. Your progress can be accessed via the Education Service. Loss of internet access may result in an inability for the Education Service to communicate with Company’s servers, and thus result in a temporary loss of the Education Service’s ability to track your progress. Any such loss of progress shall not constitute grounds for a refund of any purchase of class access made by You, nor shall such lost progress count towards the completion of Your class time. Company does not guarantee class schedules or availability, regardless of any schedules represented on the Education Service. 

IN PERSON CLASSES 

Registration and payment for the Education Service does not entitle You to attend Company’s in person classes. In person class registration is separate from registration for the Education Service. Payment for the Education Service is non-transferrable.

SUPPORT

Support for the Education Service is made available via email and/or live chat at Company's sole discretion. Company and/or its representatives shall make reasonable efforts to respond to support requests within a reasonable period of time. Failure to respond to any specific support request shall not constitute a breach of this agreement. Support will be made available during regular business hours (9-5 PM M-F eastern time, excepting holidays and office closures). 

EDUCATION CERTIFICATE AND STUDENT IDENTITY

Education certificates may be requested via the Education Service upon Your completion of Your class requirements. You must request Your education certificate via the Education Service. Education certificates will not be made available via other sources. Your education certificate shall be delivered to You either digitally, or via mail to the Your provided mailing address within a reasonable timeframe, at our discretion. Your failure to provide an accurate mailing address, or a loss of Your account information, may result in Your inability to access Your education certificate. You acknowledge such failure is not the fault of the Education Service. Rush orders for education certificates are not available, and education certificate delivery may be delayed by holidays, weather, school closures, or other extenuating circumstances and circumstances beyond the Company’s reasonable control.

EDUCATION CERTIFICATES PRODUCED BY THE EDUCATION SERVICE SHALL ONLY BE VALID FOR THE INDIVIDUAL NAMED ON THE CERTIFICATE. YOU AGREE THAT YOU WILL PROVIDE THE EDUCATION SERVICE WITH YOUR LEGAL NAME FOR YOUR CERTIFICATE, AND THAT YOU WILL NOT MISREPRESENT YOUR LEGAL NAME. BY GENERATING AN EDUCATION CERTIFICATE YOU CERTIFY, UNDER THE PAINS AND PENALTIES OF PERJURY, THAT YOU AND YOU ALONE COMPLETED THE EDUCATION REQUIREMENT REFLECTED BY THE CERTIFICATE. 

ANY ACTS OF FRAUD, MISREPRESENTATION, IMPERSONATION, OR USE OF ANY EDUCATION SERVICE ACCOUNT BY MULTIPLE PERSONS, SHALL CONSTITUTE A BREACH OF THIS AGREEMENT, AND YOUR ACCESS TO THE EDUCATION SERVICE WILL BE IMMEDIATELY REVOKED. SUCH REVOCATION SHALL NOT ENTITLE YOU TO A REFUND OF YOUR PURCHASE.

ANY FRAUD, IMPERSONATIONS, OR MISREPRESENTATIONS OF IDENTITY, WILL BE REPORTED TO THE RELEVANT STATE OR GOVERNMENT LICENSING ENTITY/ENTITIES IMMEDIATELY UPON DISCOVERY.

In the event a State or Government Licensing Entity requests the Company to verify Your identity, You agree to provide Company with proof of identification and an attestation that You, and You alone, completed your State mandated class hours. Such requests shall be sent to the email provided by You with Your user account. Failure to respond to such requests within 5 business days may result in Company's revocation of Your education certificate. Acceptable identification shall include State or Government ID, Passport, or Driver’s License.

INFORMATIONAL PURPOSES ONLY

Content available via the Application, or other information provided by the Company, is for informational purposes only. Company does not guarantee that the information presented by the Company, and/or the Application and its associated resources, is accurate, complete, current, or free from typographical or technical errors. Company may update or revise the information, products, and services described on the Company website and presented by the Application at any time. Company reserves the right to make changes at any time with or without providing notice to You.

CLASS RECORDINGS

Company may record the classes you attend, including your participation in such class.  You hereby authorize the Company directly or indirectly to (i) record Your participation and appearance on video tape, audio tape, film, photograph or any other medium in connection with Your attendance of or participation in any of the Company’s classes and use such recording, without fee anywhere in the universe, in all media now known or later invented, (ii) use Your name, likeness and voice in connection with these recordings and to promote or exploit the same or any other works based upon them, (iii) exhibit or distribute such recording throughout the world in any manner whatsoever, in whole or in part, without restrictions or limitation for any purpose for which the Company desires or deems appropriate, including, without limitation, in any and all news, commercial, promotional, advertising, artistic, humorous, satirical, trade, or other purposes, in any medium and (iv) to copyright the same in its name or any other name that it may choose.  You covenant, agree and acknowledge that the Company is the owner of said video, film, photograph and/or sound conveyed or contained thereon the copyrights pertaining thereto and any and all other rights, benefits or privileges arising there from now and hereafter without limitations.  

You may not record or otherwise capture any of the Company’s classes without the Company’s prior written consent.

NOT PROFESSIONAL OR LEGAL ADVICE

Company, its employees, instructors, representatives, content authors, and other associated vendors, are NOT engaged in the rendering of legal, accounting, tax, or other professional advice. By using the Application, You agree to hold harmless and release Company, and its directors, officers, agents, employees, and affiliated vendors, from any and all liability or loss or damage based on, or in any way related to, information presented by the Company or the Application or its associated resources.

THE APPLICATION AND OTHER CONTENT IS NOT LEGAL ADVICE. COMPANY IS NOT A PROFESSIONAL OR LEGAL ADVISER. IF YOU REQUIRE PROFESSIONAL OR LEGAL ADVICE, YOU SHOULD SEEK THE SERVICES OF A LICENSED ATTORNEY OR RELEVANT CERTIFIED ADVISER.

AVAILABILITY / NO WARRANTIES

Company will reasonably endeavor to provide access to the Education Service twenty-four (24) hours per day. However, Company makes no representation or warranty that such twenty-four hour service will be available at all times. Through Your use of the Education Service You agree and acknowledge that the Education Service will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures and other causes beyond the Company’s reasonable control. When practicable, the Company will attempt to contact You by use of the email address provided in Your account profile to inform you of any known scheduled maintenance to the Education Service.

TO THE FULLEST EXTENT UNDER APPLICABLE LAW, COMPANY PROVIDES YOU WITH THE EDUCATION SERVICE ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE EDUCATION SERVICE, EITHER EXPRESS, IMPLIED OR ARISING BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE EDUCATION SERVICE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE EDUCATION SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE EDUCATION SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES A CONSUMER, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE EDUCATION SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE EDUCATION SERVICE EXCEED YOUR COURSE REGISTRATION FEE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ALLOWABLE USE

Your use of the Education Service and any of Your Information transmitted in connection with the Education Service is limited to the functionality of the Education Service. This Agreement does not entitle you to receive and does not create an obligation for Company to provide hard-copy documentation, telephone assistance, or enhancements or updates to the Education Service. You acknowledge that full functionality and use of the Education Service requires an active internet connection. You must be 18 years or older to use the Education Service. 

In connection with your use of the Education Service in no event may you (a) use the Education Service in a manner that harasses, abuses, threatens or defames another person, (b) upload any content or materials to the Education Service that are obscene, hateful, sexually explicit or that otherwise infringe or violate the rights of any other party; (c) use the Education Service in a manner that is unlawful, fraudulent, misleading, or deceptive; (d) use technology or other means to access Company’s proprietary information that is not authorized by Company; (e) use or launch any automated system to access Company’s website or computer systems; (f) attempt to introduce viruses or any other malicious computer code that interrupts, destroys, or limits the functionality of any computer application, hardware, or telecommunications equipment; (g) attempt to gain unauthorized access to Company’s computer network or use accounts; (h) encourage conduct that would constitute a criminal offense, or would give rise to civil liability; (i) use misleading or any incorrect name, address, email address, certification number, or other false and/or misleading information; (j) act to decipher, decompile, disassemble or reverse engineer the Education Service or its component software; (k) upload Social Security Numbers, passwords, security credentials or sensitive information of any kind or nature; (l) use the Education Service other than for the Education Service’s intended purpose and use; (m) copy or infringe upon the Company’s intellectual property; or (n) otherwise violates this Agreement in any fashion.

Any use of the Education Service in any manner not explicitly permitted under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Education Service, or copying, distribution, reproduction, broadcasting, publishing, or reprinting of text, pictures, data, hyperlinks, displays, audio, video, quotations, images, screenshots, and/or other content provided with or by the Education Service, is prohibited. No part of the Company's course content or materials or other content made available via the Education Service may be reproduced, retransmitted, distributed, sold, published, broadcast, or circulated, including to individuals in the same company or organization, without the express written consent of the Company. You agree not to distribute files containing course materials or printed versions of course materials or other content made available via the Education Service to persons who have not purchased the course(s) without the express written consent from the Company. You also agree not to make the course materials or other content made available via the Education Service available to persons over a computer network, intranet, internet, or any other storage, transmittal, or retrieval system, without the express written consent of the Company.

Company reserves the right, in its sole and absolute discretion, to terminate this Agreement with or without cause, terminate Your license to use the Education Service, and terminate your access to the Education Service, for reasons including, but not limited to, Company’s reasonable conclusion that You have violated this Agreement.

Any and all suggestions for correction, change and modification to the Education Service, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to the Company by you (collectively, “Feedback are and will remain the property of the Company. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Education Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback.

TERMINATION OF LICENSE

The license is effective until terminated by You or Company. Your rights under this license will terminate automatically without notice from the Company if You fail to comply with any term(s) of this Agreement. Upon termination of the license, You shall cease all use of the Education Service, and destroy all copies, full or partial, of the Education Service and/or any content provided via the Education Service. Such termination shall not entitle You to any refund of any purchase of You might have made of or via the Education Service, nor shall it entitle You to any class credit.

INDEMNIFICATION 

You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that rise from Your use or misuse of the Education Service, violation of this Agreement, or violation of any rights of a third party including, without limitation, copyright. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses. 

INTELLECTUAL PROPERTY RIGHTS

Should the Education Service be found to infringe any intellectual property rights of a third party, Your sole remedy shall be either to cease using the Education Service or to use a non-infringing version of the Education Service should Company choose to provide you with such a non-infringing version.

COPYRIGHT AND PROPRIETARY NATURE OF EDUCATION SERVICE AND MARKS

All rights reserved. The content and course materials offered by the Company and the Education Service is copyrighted either by the Company or its licensed providers. The Company owns the Education Service and any and all trademarks, patents, service marks, copyrights, and other content included in the Education Service. The Education Service may use trademarks, service marks, or other content in connection with the services it provides and such trademarks, service marks, or other content remains at all times the property of its respective owner. You have no right or license with respect to any trademarks, service marks, patents, copyrighted material, and other content owned by Company or any third party that is visible on or provided to You through the Education Service.

The Educaton Service is covered by U.S. Patent Numbers 11,024,190 and 11,410,567.

YOUR PROPRIETARY RIGHTS

You represent and warrant to Company that You will not add or upload any data or content using the Education Service to or for any purpose unless You are the sole owner or authorized user of any and all proprietary rights in the content that You are uploading. Company may from time to time perform internal data reviews, compilations, and other functions in order to consistently improve the Education Service. You grant to Company a perpetual non-exclusive, royalty-free license to any and all data and/or content that you upload using the Education Service.

AUDIO AND VIDEO CONTENT

You acknowledge and consent to the Education Service's recording of any video and/or audio transmitted by You to the Education Service during your use of the Education Service. Any and all audio and/or video content you create and/or transmit while using the Education Service or content related to recorded audio and/or video is the sole property of the Company. Company has the right to use such content in any way it sees fit, without limitation, in perpetuity.

DATA RETENTION AND REMOVAL

The Education Service is intended for use by persons seeking education for United States Federal and State professional licensure. Company must retain certain user data to comply with State licensing regulations, or for other legitimate business reasons. You agree that Company may retain any such data, and that any requests You make requesting the removal of Your data shall not apply to such data. 

LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. 

SECURITY AND PRIVACY

The Company uses and collects information in accordance with our privacy policy.  The Company encourages you to visit and read its then current privacy policy found at https://www.bostonrealestateclass.com/about/privacy-policy/

The Company will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the Education Service provided that you understand that the Company does not guarantee that your use of the Education Service will be private or secure and the Company is not responsible or liable to you for any lack of privacy or security that you may experience. 

GOVERNING LAW

The laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and Your use of the Education Service. 

ARBITRATION

ALL DISPUTES BETWEEN YOU AND THE COMPANY (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH THE COMPANY, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND YOUR USE OF THE EDUCATION SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN BOSTON, MASSACHUSETTS UNDER THE STREAMLINED ARBITRATION RULES AND PROCEDURES (“RULES”) OF JAMS, INC. (“JAMS”) THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED BY THE COMPANY FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH SUCH RULES, AND YOU AND THE COMPANY HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND THE COMPANY WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. 

Neither you nor the Company will participate in a class action or class­wide arbitration for any claims covered by this Agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if the Company is a party to the proceeding.

SEVERABILITY 

If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability. All other terms contained within this Agreement shall remain in full force and effect. 

ENTIRE AGREEMENT

This Agreement, any applicable privacy policy, any additional terms that accompany the Education Service, are the entire license agreement between You and the Company for the Education Service.

DEVELOPER NAME AND ADDRESS

Any inquiries regarding the Education Service or its data should be directed to:

Freedom Trail Realty School, Inc. PO Box 55071 PMB 63512 Boston, Massachusetts 02205-5071 US

AMENDMENT AND REVISION

This Agreement may be amended or revised from time to time by the Company. The most recent version of this Agreement shall be made available on this page, or via the Education Service, and the most recent version shall supersede any and all other versions of this Agreement. Company reserves the right to change or modify this Agreement or any other Company policies related to use of the Education Service at any time and at its sole discretion by posting revisions on this page, or by making such revised versions of this Agreement available via the Education Service or the Company’s website(s) at http://www.freedomtrailrealtyschool.com and/or https://www.bostonrealestateclass.com

Continued use of the Education Service following the posting of these changes or modifications shall constitute acceptance of such changes or modifications.

Last Revised: September 8th, 2022