1. All materials presented are proprietary to and the property of RTSListings or third parties that license such material to RTSListings. All applicable rights in all copyrights, trademarks, trade secrets, trade names, patents, and other intellectual property rights in or associated with the Program are and will remain in RTSListings or its licensors, and you shall have no such intellectual property rights in the Program. You may not record, use or reproduce any material in the Program without written permission of the owner. You understand all communication in the Program may be recorded and may be used for promotional purposes. You authorize us to use your voice, materials, name, photos, screenshots, results or likeness in future promotional material and for the purpose of the campaign.
2. Notwithstanding anything to the contrary, we shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Program, and we will be free (during and after the term hereof) to use such information and data to improve and enhance the Program and for other development, diagnostic, and corrective purposes in connection with the Program.
3. If Program cancellation is required by us, you shall have no claim (whether direct or indirect) on us for compensation, loss, damages and/or liability. We reserve the right to eject you at any time should you be taking adverse actions towards the Program or RTSListings or violating this Agreement, in our sole discretion. Full payment of our Agreement must be made regardless of any cancellation or ejection, and you forfeit your right to any refunds whatsoever. If for any reason you choose not to renew services after our partnership, you must submit a written email of their intent on not proceeding to [email protected] . In addition, you agree to complete our off-boarding form and participate in a 30-minute exit interview with a RTSListings representative to assist us in improving our service.
4. You indemnify and hold harmless us and our agents, employees or appointed third parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, relating to any claim of a third party arising out of or occurring in connection with your breach of this Agreement or from your activities and/or use of our materials, services, or the Program. We do not take liability for any legal action taken by homeowners due to our communication with them.
5. We may vary any terms of this T&C at any time with notice to you and you irrevocably agree to any changes made to our T&C’s. We are committed to the quality, consistency, and value of our services and reserve the right to alter the Program, including material, campaigns, coaching staff and any other variable in any way to provide the best possible experience and outcome for you.
6. The decision to register for this Program is your own, is voluntary and you have not been pressured or coerced into making this decision. Our materials and services are advisory and supportive only. No representations or warranties are made with respect to your results and you accept full responsibility for your results. You understand the primary determining factor of any results is dependent on you.
7. We shall use reasonable efforts consistent with prevailing industry standards to maintain the Program in a manner which minimizes errors and interruptions. The Program may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, we do not warrant that the program will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Program. Except as expressly set forth in this section, the program is provided “as is” and we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
8. Notwithstanding anything to the contrary, RTSListings and its officers, affiliates, representatives, contractors, and employees shall not be responsible or liable with respect to any subject matter of this agreement or terms and conditions related thereto under any contract, negligence, strict liability, or other theory: (a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services, or technology or loss of business; (b) for any indirect, exemplary, incidental, special, or consequential damages; (c) for any matter beyond our reasonable control; or (d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by you to us for the program under this agreement prior to the act that gave rise to the liability, in each case, whether or not we have been advised of the possibility of such damages.
9. This Agreement is governed by the laws of the United States and both you and RTSListings irrevocably submit to the exclusive jurisdiction of the legal courts in Los Angeles, California. In the event legal action is brought to enforce any of these T&C’s of this Agreement, or to recover damages for a breach thereof, any legal action shall be filed in this area. This agreement shall be construed in a fair and objective manner and not strictly for or against either party. For the avoidance of doubt, this Agreement replaces any earlier agreements, representations or discussions. If anything in these T&C’s are inconsistent with our previous correspondence, this takes precedence.
10. Where applicable, taxes payable on our fees and expenses may be charged to you and will be clearly advised at the time of purchasing this Program. By accepting these T&C you agree to pay us an amount equivalent to the taxes imposed on these charges. Should you have any questions, please contact us by emailing [email protected] .