Last Updated: October 16, 2023
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
2. Modifications. Serhant reserves the right, at any time, to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.
3. INTELLECTUAL PROPERTY. The Website is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Serhant and our licensors exclusively own all right, title, and interest in and to the Website and all Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website. The Website contains material, such as software, text, graphics, images, and other material provided by or on behalf of Serhant (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of Serhant. We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The trademarks, service marks, and logos of Serhant (the “Serhant Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Serhant. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Serhant Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Serhant Trademarks inures to our benefit.Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.If you or any permitted user under your account provides us with feedback, comments, and suggestions with respect to the Website or our good and services (including, without limitation, our Courses, as defined below) (“Feedback”), you hereby agree that we will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback in perpetuity without compensation or attribution to you or any third party. You represent and warrant to Serhant that any Feedback or other information that you provide to us via the Website or any other communication to Serhant (collectively, “User Content”) that (i) the User Content is your original creation (or that you otherwise have the right to provide the User Content to Serhant), (ii) you have the rights necessary to grant the us the right to use the User Content as described in this paragraph, and (iii) the User Content and its use by Serhant and our content partners as permitted hereunder does not and will not infringe or misappropriate the intellectual property or moral rights of any third party. You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the representations and warranties in the immediately preceding sentence.
6. Returns and Refunds. Digital education products such as Sell It Like Serhant courses include a qualified 30-day refund policy. First, complete the entire course (including exercises and worksheets). Second, provide documentary proof detailing how you applied the course lessons and how they didn’t deliver the expected results. Proof should be emailed to email@example.com (attaching completed worksheets and exercises) with a detailed explanation of how you failed to achieve expected results from our program. Upon our confirmed receipt of the aforementioned information, we’ll refund your enrollment, no additional questions asked. We neither accept product returns nor do we issue refunds for physical products. Refund requests for events will be considered only if we receive your refund request within 24 hours of purchase. If an event is cancelled, we will issue a refund to the payment method used at the time of purchase. If an event is postponed, rescheduled, or relocated, your tickets are valid for the new date and no further action is required. Your ticket is non-transferable and non-refundable absent extenuating circumstances as determined by us in our sole discretion. We reserve the right to cancel or postpone any event for any reason without liability to you. If you are unable to attend a purchased event due to a COVID-19 diagnosis, we will not provide a refund but we will attempt to apply your purchase to a future, similarly priced event. We do not offer refunds when a seat is reserved for live courses due to the immediate consumable nature of such a product. Notwithstanding, if you enrolled in and cannot attend a live course, we can move you to a different live/virtual course up to 48 hours before your first session. We want you to be happy with products purchased through our website. If you are unhappy with your order, please let us know at firstname.lastname@example.org.
7. COMPLIANCE WITH APPLICABLE LAWS. The Website is based in the United States. We make no claims concerning whether the Website is accessible, or whether Content may be downloaded, viewed, or be appropriate for use, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
10. CLASS ACTION WAIVER. You understand and agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU UNDERSTAND AND AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12. EXTERNAL SITES. The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.