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 PRE-LICENSE CLASS PLATFORM ("APPLICATION"), AN APPLICATION PROVIDED BY FREEDOM TRAIL REALTY SCHOOL, INC. ("COMPANY").
PLEASE READ THE AGREEMENT CAREFULLY. BY USING THE APPLICATION 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 APPLICATION 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 APPLICATION.
The Application and services provided by the Application 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 Application on any internet connected device that You own or control.
This license does not allow You to use the Application on any device that You do not own or control, and You may not distribute or make the Application 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 Application. 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 Application, 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 Application). 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 Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Access to the Application, your account and class progress, and the online classes offered by the Company via the Application, requires an internet connection and a computing device capable of running the Application. You acknowledge that access to purchased class time requires internet access, and that You must provide Your own internet access for Your computing device.
You acknowledge that the Application may use Your cellular data and/or internet connection for purposes including but not limited to: internet access, streaming classes to the Application, reporting usage data, and tracking student progress. You agree that any costs associated with the Application’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 Application.
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 Application. Recorded credit will be made available for later access using Your account, in the Application. 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.
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 Application and are subject to change from time to time in the Company’s sole and absolute discretion.
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 have begun a class or logged any class time, or 14 days have elapsed since Your registration, 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: 52 weeks), and class time must be completed within the time limit of your purchase for You to receive credit. Accounts are permanently archived after 105 weeks. 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 Application.
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 statisfy 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 at least 90% on at least six (6) of Company's full online practice exams, as determined by the Application, before taking your State administered licensing test.
3) Take your State administered real estate licensing test within 30 days of us mailing you your course education certificate to the address provided by you on your account, as tracked by the Application. Any mail delivery delays, or delivery failures (for example, due to an incorrect or incomplete address provided by you), shall not extend the 30 day time frame.
4) Provide Company with a copy of your State provided failing test score report within at 30 days of failing the State administered real estate licensing test.
The Company will refund $10 of Your class access purchase for every person that signs up for the Company's online classes using Your referral link, as tracked by the Application. Company will not issue any refunds for any persons not using Your referral link, as tracked by the Application. 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.
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.
Classes offered via the Application are time based. Your progress shall be tracked by the Application, and communicated to and stored on the Company’s servers. Your progress can be accessed via the Application. Loss of internet access may result in an inability for Application to communicate with Company’s servers, and thus result in a temporary loss of Application’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, irregardless of any schedules represented on the Application.
Support for the Application is made available via email. 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.
Education certificates may be requested via the Application upon Your completion of Your class time. You must request Your education certificate via the Application. Education certificates will not be made available via other sources. Your education certificate shall be delivered to You via mail to the Your provided mailing address within a reasonable timeframe. 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 Application. Rush orders for education certificates are not available, and education certificate delivery may be delayed by holidays, weather, school closures, or other extenuating circumstances.
EDUCATION CERTIFICATES PRODUCED BY THE APPLICATION SHALL ONLY BE VALID FOR THE INDIVIDUAL NAMED ON THE CERTIFICATE. YOU AGREE THAT YOU WILL PROVIDE THE APPLICATION 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 MISREPRESENTATION, IMPERSONATION, OR USE OF ANY APPLICATION ACCOUNT BY MULTIPLE PERSONS, SHALL CONSTITUTE A BREACH OF THIS AGREEMENT, AND YOUR ACCESS TO THE APPLICATION WILL BE IMMEDIATELY REVOKED. SUCH REVOCATION SHALL NOT ENTITLE YOU TO A REFUND OF YOUR PURCHASE.
ANY IMPERSONATIONS OR MISREPRENSTATIONS OF IDENTITY WILL BE REPORTED TO THE BOARD OF REGISTRATION OF REAL ESTATE BROKERS AND SALESPERSONS IMMEDIATELY UPON DISCOVERY.
In the event of a Massachusetts Real Estate Board request to Company for verification of Your identity, You agree to provide Company with proof of identification and an attestation that You, and You alone, completed your Massachusetts 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 Drivers License.
Any use of the Application in any manner under this Agreement or the LAEULA, including, without limitation, resale, transfer, modification, or distribution of the Application, or copying or distribution of text, pictures, data, hyperlinks, displays, audio, and other content provided by the Application is prohibited. 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 Application. You acknowledge that full functionality and use of the Application requires an active internet connection.
Company will reasonably endeavor to provide access to the Application 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 Application You agree and acknowledge that the Application will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures. 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 Application.
TO THE FULLEST EXTENT UNDER APPLICABLE LAW, COMPANY PROVIDES YOU WITH THE APPLICATION IN AN "AS IS" FASHION 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 APPLICATION, 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, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION 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.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE 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 APPLICATION, 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 APPLICATION EXCEED ONE DOLLAR. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Your use of the Application and any of Your Information transmitted in connection with the Application is limited to the functionality of the Application.
In no event may the Application be used in a manner that (a) harasses, abuses, threatens, defames, obscene, hateful, sexually explicit or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access Company’s proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company’s website or computer systems; (e) attempts to introduce viruses or any other malicious computer code that interrupts, destroys, or limits the functionality of any computer Application, hardware, or telecommunications equipment; (f) attempts to gain unauthorized access to Company’s computer network or use accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; (h) is done by You using a misleading or incorrect name, address, email address, certification number, or other false and/or misleading information; (i) acts to decipher, decompile, disassemble or reverse engineer the Application; (k) uploads Social Security Numbers, passwords, security credentials or sensitive information of any kind or nature; (l) is for a purpose other than for the Application’s intended purpose and use; (m) constitutes or could be construed as an attempt to copy or infringe upon the Company’s intellectual property; (n) otherwise violates this Agreement in any fashion.
Company reserves the right, in its sole and absolute discretion, to terminate this Agreement with or without cause, terminate Your license to use the Application, and terminate your access to the Application, for reasons including, but not limited to, Company’s reasonable conclusion that You have violated this Agreement.
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 Agreeement. Upon termination of the license, You shall cease all use of the Application, and destroy all copies, full or partial, of the Application. Such termination shall not entitle You to any refund of any purchase of You might have made of or via the Application, nor shall it entitle You to any class credit.
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 Application, 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.
Should the Application be found to infringe any intellectual property rights of a third party, Your sole remedy shall be either to cease using the Application or to use a non-infringing version of the Application should Company choose to provide you with such a non-infringing version.
The Company owns the Application and any and all trademarks, service marks, and other content included in the Application. The Application 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, and other content owned by Company or any third party that is visible on or provided to You through the Application.
You represent and warrant to Company that You will not add or upload any data or content using the Application 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 Application. In furtherance of those efforts, You hereby grant to Company a perpetual nonexclusive, royalty-free license to use any and all of your data or content that you upload using the Application. You acknowledge and consent to the Application's recording of Your video and/or audio transmitted to the Application during your use of the Application. Any and all content you create or content related to recorded audio and/or video is the sole property of Company. Company has the right to do use such content in any way it sees fit, without limitation.
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.
The laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and Your use of the Application. You agree to commence or prosecute any action in connection therewith only in a state or federal court located within Barnstable County, Massachusetts. You waive any objection to jurisdiction of the Massachusetts state or federal courts for resolution of any dispute that may arise.
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
Your complaints or claims with respect to the Application should be directed to:
Freedom Trail Realty School, Inc.
164 Canal Street
Boston, MA 02114
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 Application, 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 Application 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 Application or the Company’s website at http://freedomtrailrealtyschool.com
Continued use of the Application following the posting of these changes or modifications shall constitute acceptance of such changes or modifications.
Last Revised: October 25th, 2017