ONLINE REAL ESTATE COURSE AGREEMENTMARIYA REALTY, LLC
September 20, 2024
This Online Real Estate Course Agreement ("Agreement") governs your purchase, enrollment in, and use of the online real estate course and services offered by Mariya Realty, LLC ("Company"), delivered via the website or/and Zoom ("Program"). By checking the box below and enrolling in the Program, you agree to be bound by the terms and conditions outlined below, which constitute a binding agreement between you ("Participant") and Mariya Realty, LLC.
You must be at least eighteen (18) years of age to use this Site and enroll in the Program. By using this Site and enrolling in the Program, you represent and warrant that you are at least eighteen (18) years of age.
PLEASE READ THESE TERMS CAREFULLY. BY ENROLLING IN THE PROGRAM AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE USE OF THIS SITE AND PROGRAM.
1. Definitions
Participant: The individual enrolling in the Program.
Program: The online real estate course and services offered by Mariya Realty, LLC.
Course Materials: All content provided in the Program, including but not limited to videos, text, graphics, assignments, exercises, and any other material provided through the website or/and Zoom.
Site: Mariyarealtyclass.com and other Mariya Realty, LLCwebsites and any subdomains.
Company: Mariya Realty, LLC.
2. Enrollment and Fees
2.1 Enrollment and PaymentEnrollment is confirmed upon successful payment by Participant. After payment, you will receive access to the Program content via the Site or/and Zoom. By enrolling in the Program and using this Site, you acknowledge and agree that you are entering into a binding legal agreement with MariyaRealty, LLC.
2.2 Non-Refundable Payment and “Cooling-Off” Period
a) By making a payment for the Program, you acknowledge and agree that all sales are final, except as otherwise expressly provided in this Agreement.
b) You agree to make full payment for the Program at the time of enrollment.
c) You are entitled to a "cooling-off" period of twenty-four (24) hours from the time of enrollment. During this period, you may cancel your enrollment and request a full refund by providing written notice to the Company at info@mariyarealty.com, provided that you have not accessed or viewed any course videos during this period.
d) The Company will determine whether you have accessed any course materials through its access logs. In the event of a dispute, the Company's records shall be deemed conclusive.
e) After the expiration of the cooling-off period, all payments are final and non-refundable.
3. Course Delivery and Access
3.1 Course DeliveryThe Program will be delivered online via the Site and/or Zoom. You must have reliable internet access, a functioning computer, and the ability to use Site and/or Zoom to participate in live sessions.
3.2 Course Access DurationParticipants will have access to the Course Materials for a period of 2 months from the last day of the course. After this period, access will expire unless an extension is granted by the Company at its discretion.
3.3 Technical SupportThe Company provides limited technical support for issues directly related to accessing the Course Materials on the Site. The Company is not responsible for technical issues arising from third-party platforms such as Zoom or due to the Participant's hardware or internet connection.
3.4 Participant ResponsibilitiesParticipants are responsible for ensuring they have the necessary prerequisites, including basic real estate knowledge and computer skills, to benefit from the Program. Participants must also ensure their equipment meets the minimum technical requirements specified by the Company.
3.5 Non-TransferabilityEnrollment in the Program is personal to the Participant and may not be transferred or assigned to any other individual or entity without the prior written consent of the Company.
3.6 Updates to Course MaterialsThe Company reserves the right to update, modify, or discontinue any part of the Course Materials at any time without prior notice. Participants acknowledge that the Course Materials are subject to change to improve content quality or reflect changes in real estate laws and practices.
4. Intellectual Property and Copyright Policy
4.1 Ownership of Course MaterialsAll content provided in the Course, including but not limited to videos, text, graphics, assignments, exercises, images, books, questions, explanations, diagrams, animations, audio, software and any other material provided through the Site or/and Zoom, are the exclusive property of Mariya Realty, LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes any concepts, know-how, tools, frameworks, software, applications, algorithms, models, processes, and any enhancements or derivative works embedded in or underlying the Course materials.You are granted a personal, non-exclusive, non-transferable, revocable, limited license to access and use the Course materials solely for your personal, non-commercial use. This license does not convey any ownership or proprietary interest in the Course materials or the Content.
4.2 RestrictionsYou may not copy, reproduce, distribute, modify, create derivative works, publicly display, perform, re-publish, download, store, transmit, or otherwise use the Course materials or Content in any manner not expressly permitted by this Agreement without the prior express written consent of Mariya Realty, LLC. Unauthorized use of the Course content, including uploading to third-party platforms, sharing with non-enrolled individuals, sublicensing, or any form of commercial exploitation, is strictly prohibited and may result in immediate termination of access to the Course without refund and may subject you to legal action, including claims for damages, including liquidated damages and injunctive relief.
You Must Not:
- Modify copies of any materials from the Course or Content.
- Resell, share, distribute, download, record, screenshot, copy, lease, transfer, or commercially use the Course, Content, or any portion thereof.
- Create or attempt to create a substitute or similar service or product through the use of or access to the Course, Content, or any proprietary information.
- Delete, deface, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Course or Content.
- Decompile, scrape, disassemble, reverse-engineer, or otherwise attempt to steal or alter the software code of the Course or Content.
4.3 TrademarksThe Course and Content may include logos, company names, product names, service names, designs, slogans, and other trademarks and service marks (collectively, the "Marks") that are registered and unregistered Marks of Mariya Realty, LLC or its licensors. All such Marks are the property of their respective owners. Nothing contained in the Course or Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without the prior written permission of Mariya Realty, LLC or the respective third party that owns the Mark. Mariya Realty, LLC reserves all rights not expressly granted in and to the Course, Content, and Marks.
4.4 Liability for Breach of Intellectual Property RightsIn the event that a Participant is found to have breached the Company’s intellectual property rights by unauthorized copying, distribution, modification, or commercial exploitation of Course Materials, the Participant agrees to pay liquidated damages in the amount of $1,000,000 (One Million Dollars) to Mariya Realty, LLC. This amount represents a reasonable estimate of the damages the Company may suffer due to such unauthorized use and is not intended as a penalty.
The specified amount of $1,000,000 represents a reasonable pre-estimate of the damages that the Company would suffer due to the Participant’s breach, including but not limited to loss of revenue, dilution of intellectual property, and harm to business reputation.The Company reserves the right to seek actual damages or statutory damages as allowed under intellectual property laws.
4.5 Copyright Infringement PolicyWe expect you to respect the intellectual property rights of others when using the Site and Services. If you believe that content on the Site or Course infringes on your intellectual property rights, please notify us immediately.In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the infringing material to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email address;
- A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing, or that allegedly infringing content was removed by mistake or misidentification, subjects the complaining party to liability for damages, including costs and attorney's fees incurred by the alleged infringer, the copyright owner, or the copyright owner's authorized licensee, or by us, if injured by such misrepresentation.Please send any notices of alleged copyright infringement to:Mariya Realty, LLCEmail: info@mariyarealty.com
5. Privacy Policy
5.1 Collection and Use of DataMariya Realty, LLC collects personal information such as your name, email, payment information, and any other details necessary to process your enrollment and participation in the Course.By enrolling in this course, you agree to the terms of our Privacy Policy and Terms and Conditions. You can review the full Privacy Policy here.
5.2 Data ProtectionWe take reasonable measures to protect your personal information from unauthorized access, disclosure, or misuse. However, we cannot guarantee complete security.
5.3 Third-Party ServicesWe may use third-party services to process payments, host the Course, or facilitate communication. These services are bound by their respective privacy policies. We are not responsible for the privacy practices of these third-party providers.
5.4. Consent to Data Processing.By enrolling in this course, you consent to the processing of your personal data as outlined in our Privacy Policy, including data processing by third-party service providers. Under the California Consumer Privacy Act (CCPA), you have specific rights regarding your personal data, including the right to request access to your personal data, the right to request deletion of your personal data, and the right to opt-out of the sale of your personal data. Please refer to our full Privacy Policy for more information.
6. Disclaimers and Limitation of Liability
6.1 No Guarantee of SuccessMariya Realty, LLC does not guarantee specific results or success from completing the Course. The Course is designed to provide knowledge and tools, but the application of that knowledge is your responsibility.
6.2 Limitation of LiabilityTo the fullest extent permitted by California law, MariyaRealty, LLC shall not be liable for any direct, indirect, incidental, or consequential damages arising out of your participation in the Course. This limitation of liability shall not apply to damages resulting from the Company's gross negligence or intentional misconduct.
7. Governing LawThis Agreement shall be governed by and construed in accordance with the laws of the State of California. Arbitration shall be the primary method of dispute resolution for any disputes arising under this Agreement, as outlined in Section 12. The courts located in Los Angeles, California, shall have exclusive jurisdiction solely for enforcing arbitration awards or for hearing disputes in cases where arbitration is deemed not applicable. By agreeing to this clause, both parties acknowledge that arbitration will be the first and preferred avenue for resolving disputes.
8. AmendmentsMariya Realty, LLC reserves the right to modify or update this Agreement at any time. Any changes will be effective immediately upon posting on the Course Site. Continued participation in the Course constitutes acceptance of the revised terms.
9. Indemnity and Release
9.1 IndemnityYou agree to indemnify, defend, and hold harmless MariyaRealty, LLC, including its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from and against any and all claims, actions, demands, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with (i) your use of the Site, Program, or Services; (ii) your violation of this Agreement; (iii) your violation of any applicable laws, regulations, or third-party rights; or (iv) any content or materials you submit, post, or transmit through the Site or Program.
9.2 Release In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Site or Services, you hereby release and forever discharge us, including our subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, which states: "A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor."
10. Termination
10.1 Termination by CompanyWe may suspend or terminate your access to the Site and Program at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in deletion of information associated with your account. You may also terminate your account by deactivating it or by submitting a termination request and discontinuing your use of the Services.
10.2 Pro-Rata Refund for Termination Without CauseIf the Company terminates your access to the Program without cause, you shall be entitled to a pro-rata refund for the unused portion of the Program. No refund will be provided if the termination is due to your breach of this Agreement.
11. Dispute ResolutionYou and the Company agree to resolve any disputes through binding arbitration administered by the American Arbitration Association (AAA) in California. The arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules. By agreeing to this arbitration clause, you waive your right to a trial by jury and the right to participate in a class action. Arbitration shall be the exclusive method for resolving disputes under this Agreement, except for enforcing arbitration awards, for which the courts in Los Angeles, California, shall have exclusive jurisdiction. You acknowledge that you have read and understood this arbitration clause and voluntarily agree to its terms.
12. General Terms
a) This Agreement represents the entire and exclusive agreement between you and Mariya Realty, LLC regarding the Program, superseding all prior and contemporaneous agreements, representations, and understandings, whether written or oral.
b) If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
c) Your rights and obligations under this Agreement may not be assigned without the prior written consent of MariyaRealty, LLC. Any attempted assignment or delegation in violation of this provision shall be null and void.
d) The laws of California govern this Agreement, and any disputes will be resolved in courts located in Los Angeles, California.
e) Mariya Realty, LLC shall not be liable for any failure to perform due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, labor disputes, or technical failures.
f) Any notices required or permitted under this Agreement shall be in writing and deemed effectively given when delivered personally, by certified mail, or by email to the address provided by each party.By making payment and enrolling in the Program, you acknowledge and agree to the following