TERMS & CONDITIONS
Our Guarantee Policy:
Here at DIGITAL REAL ESTATE CLUB we provide intellectual property in the form of digital training courses. Buying a course alone does not cover your personal success/failure.
I cannot be responsible for how you use the information in the courses, how effective or ineffective you are in your efforts. Only the quality of the training and thorough action steps for you to take are guaranteed.
Do not purchase any courses from me unless you fully and completely understand exactly what the course contains and understand that buying the course alone does not guarantee your personal success.
Abuse & Threats:
I reserve the right to cancel your account at any time. Attacks or abuse will not be tolerated on other members in the community. Attacks, Threats, and Abuse on my person will not be tolerated and your account will be terminated immediately if you violate this policy.
Welcome to DIGITAL REAL ESTATE CLUB.
We look forward to helping You grow Your on-line sales beyond anything You have done before, so You can take Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a DIGITAL REAL ESTATE CLUB. User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
I. Definitions
A. DIGITAL REAL ESTATE CLUB also refers to proprietary DIGITAL REAL ESTATE CLUB training provided to entrepreneurs in order for them to grow their businesses. In this Agreement, references to “DIGITAL REAL ESTATE CLUB” as a Party mean and refer to DIGITAL REAL ESTATE CLUB, doing business as DIGITAL REAL ESTATE CLUB, affiliate entities, and employees, and assigns.
B. “Parties” mean DIGITAL REAL ESTATE CLUB and You. DIGITAL REAL ESTATE CLUB and You are each a “Party.”
C. “Terms” mean and refer to the DIGITAL REAL ESTATE CLUB User Terms and Conditions set forth herein.
D. “User” refers to a person who has created a DDIGITAL REAL ESTATE CLUB Account. “User Account” refers to a User’s DIGITAL REAL ESTATE CLUB Account.
E. “You”and “Your” means the DIGITAL REAL ESTATE CLUB User who has executed this Agreement by clicking “I Agree.”
II. Becoming a DIGITAL REAL ESTATE CLUB User
By clicking “I Agree” to these Terms, transferring payment to DIGITAL REAL ESTATE CLUB, and creating a User Account, You become a DIGITAL REAL ESTATE CLUB User. There are various products and services available to Users, and monthly prices applicable to such products and services. DIGITAL REAL ESTATE CLUB’S products, services, and prices are posted http://digitalrealestateclub.com, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted http://digitalrealestateclub.com. By clicking “I Agree” and providing DIGITAL REAL ESTATE CLUB Your credit card information You authorize DIGITAL REAL ESTATE CLUB to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes.
III. Term and Termination
IV. No License to use Marks
Any content on any DIGITAL REAL ESTATE CLUB website may constitute the intellectual property of DIGITAL REAL ESTATE CLUB. Except where expressly authorized, no material on any DIGITAL REAL ESTATE CLUB website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The DIGITAL REAL ESTATE CLUB trademark and logo are proprietary marks of DIGITAL REAL ESTATE CLUB, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by DIGITAL REAL ESTATE CLUB or any of DIGITAL REAL ESTATE CLUB’S affiliates.
V. Indemnity.
You agree to protect, defend, indemnify and hold harmless DIGITAL REAL ESTATE CLUB, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against DIGITAL REAL ESTATE CLUB for liability for payments for, damages caused by, or other liability relating to, You.
VI. No Warranty; No Leads.
DIGITAL REAL ESTATE CLUB does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that DIGITAL REAL ESTATE CLUB will not at any time provide sales leads or referrals to You. Additionally, DIGITAL REAL ESTATE CLUB’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIGITAL REAL ESTATE CLUB MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY DIGITAL REAL ESTATE CLUB WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. DIGITAL REAL ESTATE CLUB MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY DIGITAL REAL ESTATE CLUB WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY DIGITAL REAL ESTATE CLUB WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY DIGITAL REAL ESTATE CLUB’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY DIGITAL REAL ESTATE CLUB’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The DIGITAL REAL ESTATE CLUB websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any DIGITAL REAL ESTATE CLUB website and these Terms, these Terms shall control.
VII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL DIGITAL REAL ESTATE CLUB’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO DIGITAL REAL ESTATE CLUB FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST DIGITAL REAL ESTATE CLUB OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
VIII. Force Majeure.
DIGITAL REAL ESTATE CLUB will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of DIGITAL REAL ESTATE CLUB. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. DIGITAL REAL ESTATE CLUB shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
IX. Assignment of Rights.
DIGITAL REAL ESTATE CLUB may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without DIGITAL REAL ESTATE CLUB’S or its assigns express written consent.
X. Information; Registration; User Names and Passwords
As a DIGITAL REAL ESTATE CLUB User, You will be required to create an account with DIGITAL REAL ESTATE CLUB. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your DIGITAL REAL ESTATE CLUB User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, DIGITAL REAL ESTATE CLUB under Your User Account. You agree to immediately notify DIGITAL REAL ESTATE CLUB of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that DIGITAL REAL ESTATE CLUB is not liable, and You will hold DIGITAL REAL ESTATE CLUB harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XI. Release/Authorization to Use Photographs.
You grant DIGITAL REAL ESTATE CLUB permission to use any and all photographs taken by DIGITAL REAL ESTATE CLUB or its agents or employees, or submitted by You to DIGITAL REAL ESTATE CLUB (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of DIGITAL REAL ESTATE CLUB or any product or service sold and marketed by DIGITAL REAL ESTATE CLUB. You agree that this authorization to use Photographs may be assigned by DIGITAL REAL ESTATE CLUB to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in DIGITAL REAL ESTATE CLUB’S sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against DIGITAL REAL ESTATE CLUB in exchange for this Release and Assignment. You hereby release and forever discharge DIGITAL REAL ESTATE CLUB from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XII. Prohibited Activity.
DIGITAL REAL ESTATE CLUB has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to DIGITAL REAL ESTATE CLUB reputation; and the violation of the rights of DIGITAL REAL ESTATE CLUB or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to DIGITAL REAL ESTATE CLUB reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
XIII. Contact
If You have any questions or complaints concerning any of the Terms, You may contact DIGITAL REAL ESTATE CLUB by e-mail at support[a]digitalrealestateclub.com.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XIV. Digital Millennium Copyright Act
If You believe that materials or content available on any DIGITAL REAL ESTATE CLUB website infringes any copyright You own, You or Your agent may send DIGITAL REAL ESTATE CLUB a notice requesting that DIGITAL REAL ESTATE CLUB remove the materials or content from the DIGITAL REAL ESTATE CLUB website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send DIGITAL REAL ESTATE CLUB a counter-notice. Notices and counter-notices should be sent to DIGITAL REAL ESTATE CLUB, Attention Legal Department, at 1860 N. Lakes Pl., Meridian, Idaho 83646, or by e-mail to support[a]digitalrealestateclub.com.
XV. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against DIGITAL REAL ESTATE CLUB including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against DIGITAL REAL ESTATE CLUB or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and DIGITAL REAL ESTATE CLUB. In the event that You and DIGITAL REAL ESTATE CLUB are unable to reach agreement on an Arbitrator, You and DIGITAL REAL ESTATE CLUB will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Ada County, Idaho. The arbitrators selected by You and DIGITAL REAL ESTATE CLUB will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and DIGITAL REAL ESTATE CLUB and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against DIGITAL REAL ESTATE CLUB to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against DIGITAL REAL ESTATE CLUB may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents DIGITAL REAL ESTATE CLUB. from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect DIGITAL REAL ESTATE CLUB’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or DIGITAL REAL ESTATE CLUB commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVI. Changes to Terms
DIGITAL REAL ESTATE CLUB reserves the right to change these Terms, in whole or in part, from time to time at DIGITAL REAL ESTATE CLUB’S sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.digitalrealestateclub.com/terms-and-conditions. By Your continued use of DIGITAL REAL ESTATE CLUB’S services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
XVII. Severability
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
XVIII. Waiver.
No waiver by DIGITAL REAL ESTATE CLUB of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
XIX. Heading.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
TERMS & CONDITIONS
Our Guarantee Policy:
Here at DIGITAL REAL ESTATE CLUB we provide intellectual property in the form of digital training courses. Buying a course alone does not cover your personal success/failure.
I cannot be responsible for how you use the information in the courses, how effective or ineffective you are in your efforts. Only the quality of the training and thorough action steps for you to take are guaranteed.
Do not purchase any courses from me unless you fully and completely understand exactly what the course contains and understand that buying the course alone does not guarantee your personal success.
Abuse & Threats:
I reserve the right to cancel your account at any time. Attacks or abuse will not be tolerated on other members in the community. Attacks, Threats, and Abuse on my person will not be tolerated and your account will be terminated immediately if you violate this policy.
Welcome to DIGITAL REAL ESTATE CLUB.
We look forward to helping You grow Your on-line sales beyond anything You have done before, so You can take Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a DIGITAL REAL ESTATE CLUB. User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
I. Definitions
A. DIGITAL REAL ESTATE CLUB also refers to proprietary DIGITAL REAL ESTATE CLUB training provided to entrepreneurs in order for them to grow their businesses. In this Agreement, references to “DIGITAL REAL ESTATE CLUB” as a Party mean and refer to DIGITAL REAL ESTATE CLUB, doing business as DIGITAL REAL ESTATE CLUB, affiliate entities, and employees, and assigns.
B. “Parties” mean DIGITAL REAL ESTATE CLUB and You. DIGITAL REAL ESTATE CLUB and You are each a “Party.”
C. “Terms” mean and refer to the DIGITAL REAL ESTATE CLUB User Terms and Conditions set forth herein.
D. “User” refers to a person who has created a DDIGITAL REAL ESTATE CLUB Account. “User Account” refers to a User’s DIGITAL REAL ESTATE CLUB Account.
E. “You”and “Your” means the DIGITAL REAL ESTATE CLUB User who has executed this Agreement by clicking “I Agree.”
II. Becoming a DIGITAL REAL ESTATE CLUB User
By clicking “I Agree” to these Terms, transferring payment to DIGITAL REAL ESTATE CLUB, and creating a User Account, You become a DIGITAL REAL ESTATE CLUB User. There are various products and services available to Users, and monthly prices applicable to such products and services. DIGITAL REAL ESTATE CLUB’S products, services, and prices are posted http://digitalrealestateclub.com, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted http://digitalrealestateclub.com. By clicking “I Agree” and providing DIGITAL REAL ESTATE CLUB Your credit card information You authorize DIGITAL REAL ESTATE CLUB to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes.
III. Term and Termination
IV. No License to use Marks
Any content on any DIGITAL REAL ESTATE CLUB website may constitute the intellectual property of DIGITAL REAL ESTATE CLUB. Except where expressly authorized, no material on any DIGITAL REAL ESTATE CLUB website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The DIGITAL REAL ESTATE CLUB trademark and logo are proprietary marks of DIGITAL REAL ESTATE CLUB, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by DIGITAL REAL ESTATE CLUB or any of DIGITAL REAL ESTATE CLUB’S affiliates.
V. Indemnity.
You agree to protect, defend, indemnify and hold harmless DIGITAL REAL ESTATE CLUB, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against DIGITAL REAL ESTATE CLUB for liability for payments for, damages caused by, or other liability relating to, You.
VI. No Warranty; No Leads.
DIGITAL REAL ESTATE CLUB does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that DIGITAL REAL ESTATE CLUB will not at any time provide sales leads or referrals to You. Additionally, DIGITAL REAL ESTATE CLUB’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIGITAL REAL ESTATE CLUB MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY DIGITAL REAL ESTATE CLUB WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. DIGITAL REAL ESTATE CLUB MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY DIGITAL REAL ESTATE CLUB WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY DIGITAL REAL ESTATE CLUB WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY DIGITAL REAL ESTATE CLUB’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY DIGITAL REAL ESTATE CLUB’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The DIGITAL REAL ESTATE CLUB websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any DIGITAL REAL ESTATE CLUB website and these Terms, these Terms shall control.
VII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL DIGITAL REAL ESTATE CLUB’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO DIGITAL REAL ESTATE CLUB FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST DIGITAL REAL ESTATE CLUB OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
VIII. Force Majeure.
DIGITAL REAL ESTATE CLUB will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of DIGITAL REAL ESTATE CLUB. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. DIGITAL REAL ESTATE CLUB shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
IX. Assignment of Rights.
DIGITAL REAL ESTATE CLUB may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without DIGITAL REAL ESTATE CLUB’S or its assigns express written consent.
X. Information; Registration; User Names and Passwords
As a DIGITAL REAL ESTATE CLUB User, You will be required to create an account with DIGITAL REAL ESTATE CLUB. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your DIGITAL REAL ESTATE CLUB User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, DIGITAL REAL ESTATE CLUB under Your User Account. You agree to immediately notify DIGITAL REAL ESTATE CLUB of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that DIGITAL REAL ESTATE CLUB is not liable, and You will hold DIGITAL REAL ESTATE CLUB harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XI. Release/Authorization to Use Photographs.
You grant DIGITAL REAL ESTATE CLUB permission to use any and all photographs taken by DIGITAL REAL ESTATE CLUB or its agents or employees, or submitted by You to DIGITAL REAL ESTATE CLUB (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of DIGITAL REAL ESTATE CLUB or any product or service sold and marketed by DIGITAL REAL ESTATE CLUB. You agree that this authorization to use Photographs may be assigned by DIGITAL REAL ESTATE CLUB to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in DIGITAL REAL ESTATE CLUB’S sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against DIGITAL REAL ESTATE CLUB in exchange for this Release and Assignment. You hereby release and forever discharge DIGITAL REAL ESTATE CLUB from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XII. Prohibited Activity.
DIGITAL REAL ESTATE CLUB has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to DIGITAL REAL ESTATE CLUB reputation; and the violation of the rights of DIGITAL REAL ESTATE CLUB or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to DIGITAL REAL ESTATE CLUB reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
XIII. Contact
If You have any questions or complaints concerning any of the Terms, You may contact DIGITAL REAL ESTATE CLUB by e-mail at support[a]digitalrealestateclub.com.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XIV. Digital Millennium Copyright Act
If You believe that materials or content available on any DIGITAL REAL ESTATE CLUB website infringes any copyright You own, You or Your agent may send DIGITAL REAL ESTATE CLUB a notice requesting that DIGITAL REAL ESTATE CLUB remove the materials or content from the DIGITAL REAL ESTATE CLUB website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send DIGITAL REAL ESTATE CLUB a counter-notice. Notices and counter-notices should be sent to DIGITAL REAL ESTATE CLUB, Attention Legal Department, at 1860 N. Lakes Pl., Meridian, Idaho 83646, or by e-mail to support[a]digitalrealestateclub.com.
XV. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against DIGITAL REAL ESTATE CLUB including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against DIGITAL REAL ESTATE CLUB or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and DIGITAL REAL ESTATE CLUB. In the event that You and DIGITAL REAL ESTATE CLUB are unable to reach agreement on an Arbitrator, You and DIGITAL REAL ESTATE CLUB will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Ada County, Idaho. The arbitrators selected by You and DIGITAL REAL ESTATE CLUB will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and DIGITAL REAL ESTATE CLUB and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against DIGITAL REAL ESTATE CLUB to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against DIGITAL REAL ESTATE CLUB may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents DIGITAL REAL ESTATE CLUB. from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect DIGITAL REAL ESTATE CLUB’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or DIGITAL REAL ESTATE CLUB commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVI. Changes to Terms
DIGITAL REAL ESTATE CLUB reserves the right to change these Terms, in whole or in part, from time to time at DIGITAL REAL ESTATE CLUB’S sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.digitalrealestateclub.com/terms-and-conditions. By Your continued use of DIGITAL REAL ESTATE CLUB’S services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
XVII. Severability
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
XVIII. Waiver.
No waiver by DIGITAL REAL ESTATE CLUB of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
XIX. Heading.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
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