Authorized Real Estate School Commonwealth of Massachusetts Approved 1224

Terms and Conditions

By using this website, billmorganrealestateacademy.com. you agree to accept and comply with the terms and conditions set forth below. It creates an Agreement between the User and billmorganrealestateacademy.com, and John Proudian d/b/a Bill Morgan Real Estate Academy.

Welcome to https://billmorganrealestateacademy.com. The https://billmorganrealesateacademy.com website (the "Site(s)") is comprised of various web pages operated by Bill Morgan Real Estate Academy ("BMREA"). Https://billmorganrealestateacademy.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://billmorganrealestateacademy.com constitutes your Agreement to all such Terms.

Https://billmorganrealestateacademy.com is an E-Commerce Site that provides real estate pre-licensing and continuing education classes.

Privacy

Your use of https://billmorganrealestateacademy.com is subject to BMREA's Privacy Policy. Please review this Site's privacy policy for information on how we collect and manage the User's data.

In compliance with Massachusetts G.L. Chapter 93H and to protect the privacy of your personal information, please DO NOT submit through this website or email any document containing social security number, driver's license number or state-issued I.D. number, bank or other financial account numbers, bank or other financial institution routing number, any credit card or other account number, the name of any minor child, and birth date. If you need to send such information, please contact us to arrange the sending of this information securely.

Electronic Communications

Visiting https://billmorganrealestateacademy.com or sending emails to BMREA constitutes electronic communications. You consent and agree to receive electronic communications. All agreements, notices, disclosures, and other communications that BMREA provides to you electronically, via email, and on the Site, satisfies any legal requirement that such communications be in writing.

Children Under Thirteen

BMREA does not knowingly collect, either online or offline, personal information from persons under thirteen years of age. If you are under 18, you are required to obtain the permission of your parent or legal guardian to use https://billmorganrealestateacademy.com.

Payments

Tuition and any other payments associated with the delivery of services must be paid in full at the time of registration. Failure to pay will result in the withholding of the student's certification of education.

Cancellation/Refund Policy

In very rare instances, BMREA may cancel its educational program before the start of the class session for reasons that include death, incapacity or illness of the instructor, low enrollment or expected attendance, inclement weather, and other unforeseen and extraordinary events. If the course program has not yet begun, the enrollee will be given a choice to either attend a future session within one year or receive a full refund of payment. If the course program is underway but interrupted, a make-up session will be scheduled. If the cause for the interruption forces the termination of the course, then a full refund will be issued.

Course Withdrawal

No refund will be issued after the first day of a live and in-person class. A refund will be issued, minus 10%, on the first day of a class. We will issue a full refund for cancellations before the first day of a class.

Course Completion & Review Deadlines

Once enrolled in a specific session, a pre-licensing student has one year (12 months) from the starting date to finish the live program. No refund will be issued after the first day.

A licensee, who has enrolled in a one-day, twelve-hour continuing education class, may complete the twelve hours over a second scheduled class day, provided that the licensee does so not later than the day of license expiration.

A broker or salesperson pre-licensing student, who has completed the 40-hour program and received the Educational Certificate, may attend another scheduled broker or salesperson pre-licensing class to review subject matter while preparing for the licensing examination. The returning student has up to two years (24 months) of the certification date to do so.

BMREA does not guarantee that subsequent pre-licensing and continuing education programs will be offered.

Students who have enrolled in a remote learning format (online, real-time video presentation or recording) that has been developed by John Proudian or BMREA and taught directly have six (6) months to complete the program.

Minors

BMREA offers programs and products intended for consumers who are eighteen (18) years of age or older. Any consumer under eighteen (18) years of age must have the permission of the minor's parent or guardian, who assumes all responsibility.

Licensing Examination Success

Neither BMREA nor the instructor guarantees that a student will pass the licensing examination. The success of each student depends on his or her comprehension of the material and the amount of time devoted to learning the material.

Links to Third Party Sites/Third Party Services

Https://billmorganrealestateacademy.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BMREA, and BMREA is not responsible for any Linked Site's contents, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. BMREA provides these links to you only as a convenience. The inclusion of any link does not imply endorsement by BMREA of the Site or any association with its operators.

Certain services made available via https://billmorganrealestateacademy.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the https://billmorganrealestateacademy.com domain, you hereby acknowledge and consent that BMREA may share such information and data with any third party with whom BMREA has a contractual relationship to provide the requested product, service, or functionality on behalf of https://billmorganrealestateacademy.com users and customers.

BMREA has arrangements with third (3rd) party providers of real estate education and related materials. The third (3rd) party is responsible for both its terms and conditions and its privacy policy. Neither BMREA nor John Proudian is responsible for the terms of use or the privacy practices of these other parties and their websites.

There are hyperlinks to external resources and information. The outside entity is responsible for its terms and conditions and privacy policy. Neither BMREA nor John Proudian has any control over information generated or statements made by third parties, including business, civic, educational, governmental, political, professional, religious, scientific, and others.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://billmorganrealestateacademy.com strictly by these terms of use. As a condition of your use of this Site, you warrant BMREA that you will not use the Site for any unlawful or prohibited purpose by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

All content used as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BMREA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to it.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BMREA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and make no other use of the content without the express written permission of BMREA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BMREA or cur licensors except as expressly authorized by these Terms.

BMREA exercises full rights of ownership to your communication with BMREA. Personal and business information, inquiries and responses, questions and statements submitted or appearing on enrollment, registration, comment, contact, evaluation, and/or feedback forms become the property of BMREA and John Proudian.

You agree that this ownership is unrestricted, except as previously stated. BMREA and John Proudian have free use of your remarks, including those in emails sent to BMREA, one of its instructors, or John Proudian, and in postings to the BMREA website blog.

Personal information that you voluntarily disclose online through a message board operated by a social media company is publicly accessible.

International Users

The service is controlled, operated, and administered by BMREA from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use BMREA content accessed through https://billmorganrealestateacademy.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless BMREA, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your breach of any rights of a third party, or your violation of any applicable laws, rules or regulations. BMREA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with BMREA in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The Arbitrator's award shall be final; any judgment may be entered upon it in any court having jurisdiction. Suppose any legal or equitable action, proceeding, or arbitration arises from or concerns these Terms and Conditions. In that case, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions. This includes assertions that occurred directly or indirectly as a result of these Terms and Conditions. These claims apply to any Tort case. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will occur individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and BMREA agree otherwise, the Arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BMREA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

BMREA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

BMREA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BMREA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BMREA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

BMREA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the Commonwealth of Massachusetts. You hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BMREA as a result of this Agreement or use of the Site. BMREA's performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of BMREA's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BMREA concerning such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches tie intent of the original provision. The remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the User and BMREA concerning the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and BMREA concerning the Site. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained printed form. The express wish to the parties that this Agreement and all related documents be written in English.

Changes to Terms

BMREA reserves the right, in its sole discretion, to change the Terms under which https://billmorganrealestateacademy.com are offered. The most current version of the Terms will supersede all previous versions. BMREA encourages you to review the Terms to stay informed of our updates periodically.

Contact Us

BMREA welcomes your questions or comments regarding the Terms:

Bill Morgan Real Estate Academy

P.O. Box 92, Nahant, MA 01908

Email Address: reinstructor@comcast.net

Telephone number: 781-864-7468

Effective as of May 25, 2021

Bill Morgan Real Estate Academy

Authorized Real Estate School Commonwealth of Massachusetts Approved 1224

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