Terms & Conditions
This Terms of Services and Use Agreement (“Agreement”) is entered into by and between REDX LLC, a Utah limited liability company, with offices located at 1411 W 1250 S, Orem, Utah 84058 (“REDX”), and Subscriber (hereafter “Subscriber”).
RECITALS
REDX is a provider of real estate related technology solutions, training services, and professional development resources. Listing Academy is a subscription-based training service offered by REDX. Subscriber desires to access and utilize Listing Academy and its related training content, community features, live sessions, recordings, templates, and other educational materials.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and benefits expressed herein, the parties agree as follows:
1. Definitions
The following definitions as used in this Agreement shall have the following meanings:
“Listing Academy” shall mean the subscription-based training services offered by REDX under the Listing Academy name, which may include live or prerecorded instruction, webinars, coaching groups, role play sessions, Zoom meetings, digital learning materials, marketing templates, scripts, online community features, mobile application access, and related resources designed to support Subscriber’s professional training and skill development.
“Listing Academy Content” shall mean any and all instruction, recordings, worksheets, templates, scripts, campaigns, marketing materials, presentations, downloads, documents, and other resources provided or made available through Listing Academy.
“Subscription” shall mean Subscriber’s paid access to Listing Academy and Listing Academy Content.
“Billing Cycle” shall mean the recurring monthly billing period applicable to Subscriber’s Subscription, unless otherwise modified by REDX in writing.
“Subscriber’s Credit Card” shall mean the credit card or other payment method currently listed on Subscriber’s account and authorized for recurring payment, whether initially provided at signup or subsequently updated by Subscriber through the Listing Academy portal, REDX support, or other authorized means.
“Platform” shall mean the online portal, community platform, mobile application, communication systems, and related technologies through which Listing Academy is delivered, including any third-party services used by REDX in connection therewith, including but not limited to HighLevel, Zoom, Stripe, email service providers, and SMS providers
2. Listing License
Subject to Subscriber’s compliance with this Agreement and payment of all applicable fees, REDX hereby grants Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during an active Subscription to access and use Listing Academy and Listing Academy Content , subject to the terms and conditions set forth in this Agreement. This license permits Subscriber to utilize Listing Academy solely for Subscriber’s own personal, internal, educational, and business use. Subscriber agrees not to utilize Listing Academy or Listing Academy Content for anything other than its intended use, and further agrees not to copy, share, publish, sublicense, distribute, reproduce, sell, or otherwise make Listing Academy Content available to any third party except as expressly permitted herein.
Subscriber acknowledges that certain Listing Academy Content, including scripts, templates, campaigns, outlines, and marketing materials, is intended to be used, modified, and repurposed by Subscriber within Subscriber’s own business. Such permitted use shall not include the right to resell, redistribute, license, publish, repackage, or offer Listing Academy Content as part of any competing or third-party training, coaching, software, consulting, or content product.
Subscriber further agrees not to disseminate or disclose their account username or password, nor allow anyone else to utilize their account for access to Listing Academy. Each Subscription is intended for a single user only. Account sharing is strictly prohibited.
3. Relationship to REDX
Subscriber acknowledges that Listing Academy is a product and service offered by REDX. Subscriber further acknowledges and agrees that purchase of a Listing Academy Subscription does not require Subscriber to purchase, maintain, or subscribe to any other REDX product or service. Listing Academy is offered as a standalone training subscription.
4. Disclaimer of Educational Services
Listing Academy and all Listing Academy Content are provided solely for general educational and informational purposes only. REDX makes no representations, warranties, or guarantees regarding results, outcomes, earnings, commissions, lead generation results, listing acquisition, business growth, marketing performance, or professional success arising from Subscriber’s use of Listing Academy.
Subscriber acknowledges that success in real estate, marketing, sales, lead generation, and related fields depends on a variety of factors outside the control of REDX, including but not limited to Subscriber’s effort, consistency, skill, market conditions, regulatory requirements, competition, and economic circumstances. REDX does not guarantee the availability of any specific trainer, guest trainer, instructor, presenter, topic, training format, schedule, session frequency, delivery method, or item of content.
Subscriber also acknowledges and agrees that Listing Academy Content does not constitute legal advice, compliance advice, or regulatory guidance. Subscriber acknowledges that any compliance-related information, examples, or features provided through Listing Academy are offered solely for convenience and educational purposes and do not constitute legal advice or guarantee compliance. REDX does not represent or warrant that any scripts, templates, campaigns, workflows, or marketing materials provided through Listing Academy comply with the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), federal or state Do Not Call laws, CAN-SPAM Act, or any other applicable laws or regulations. Subscriber remains solely responsible for all business decisions, representations, marketing activities, licensing and regulatory compliance, and legal compliance arising from Subscriber’s use of Listing Academy.
Subscriber also acknowledges and agrees that nothing in Listing Academy or this Agreement creates a broker-client relationship, fiduciary relationship, legal advisor-client relationship, financial advisor-client relationship, agency relationship, employment relationship, partnership, or joint venture between REDX and Subscriber.
All Listing Academy Content is provided “as is” and without warranties of any kind, either express or implied.
5. Copyright and Intellectual Property Rights
Subscriber acknowledges and agrees that Listing Academy, the Platform, and all Listing Academy Content—including without limitation all training materials, recordings, videos, scripts, templates, campaigns, worksheets, presentations, documents, designs, text, graphics, interfaces, software, functionality, compilations, and all related content and materials—are proprietary products, trade secrets, and intellectual property of REDX or its licensors, protected under United States and international copyright, trademark, trade secret, and other intellectual property laws.
Subscriber further acknowledges and agrees that all rights, title, and interest in and to Listing Academy, the Platform, and all Listing Academy Content, including all intellectual property rights therein and any derivatives, modifications, or improvements thereto (whether created by REDX, Subscriber, or otherwise), shall remain solely and exclusively with REDX and its licensors. No rights are granted to Subscriber other than the limited rights expressly set forth in this Agreement.
Except as expressly permitted herein, Subscriber shall not, and shall not permit any third party to: (i) copy, reproduce, distribute, publish, display, perform, transmit, or otherwise exploit Listing Academy or Listing Academy Content; (ii) sell, resell, license, sublicense, rent, lease, transfer, assign, or otherwise make Listing Academy or Listing Academy Content available to any third party; (iii) create derivative works based on Listing Academy or Listing Academy Content for commercial distribution, training, or competitive purposes; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas from the Platform; or (v) remove, alter, or obscure any proprietary notices or labels.
Subscriber acknowledges that unauthorized use, reproduction, or distribution of Listing Academy or Listing Academy Content would cause irreparable harm to REDX for which monetary damages would be inadequate, and that REDX shall be entitled to seek injunctive or equitable relief, in addition to any other remedies available at law or in equity, in the event of any breach or threatened breach of this Section.
6. Terms of Subscription
Subscriber authorizes REDX to invoice Subscriber and process Subscriber’s Credit Card for payment according to the applicable Billing Cycle. Listing Academy is offered as a recurring monthly subscription currently billed at $97.00 per month, unless otherwise modified by REDX.
At the end of each Billing Cycle, the Subscription shall automatically renew for an additional monthly term unless Subscriber cancels the Subscription in accordance with Section 15 of this Agreement. In the event REDX is not able to process payment from Subscriber at the beginning of a renewal term, whether because Subscriber’s Credit Card has expired, has been declined, or for any other reason, REDX reserves the right to continue attempting to process payment until payment is made or the account is terminated.
If payment is not made within such time as REDX deems appropriate, REDX reserves the right to suspend or terminate Subscriber’s access to Listing Academy immediately and without refund. Subscriber acknowledges that failure to use the Subscription does not relieve Subscriber of payment obligations for the current Billing Cycle.
7. Payment Information and Charges
Charges. REDX shall charge Subscriber for the following items:
Subscription Charge: a recurring monthly fee for access to Listing Academy and the limited use license to Listing Academy Content. This charge is billed automatically at the beginning of each Billing Cycle unless and until Subscriber cancels the Subscription in accordance with this Agreement.
All sales are final. Once payment has been processed, Subscriber is committed for the entire applicable Billing Cycle.
Subscriber authorizes REDX to charge Subscriber’s Credit Card on a recurring basis unless and until the Subscription is properly canceled. If Subscriber updates the payment method on file, Subscriber thereby authorizes recurring payments on the updated payment method.
8. Chargebacks and Payment Disputes
Subscriber agrees not to initiate a chargeback, payment reversal, or other payment dispute without first contacting REDX customer support at [email protected] or through other REDX support channels in an effort to resolve the matter.
In the event Subscriber initiates a chargeback or payment dispute, REDX reserves the right to immediately suspend or terminate Subscriber’s access to Listing Academy and revoke access to all Listing Academy Content without refund. REDX further reserves the right to dispute any such chargeback or payment dispute and to provide proof of Subscriber’s agreement to this Agreement, proof of access, proof of content delivery, and proof of recurring billing authorization. REDX additionally reserves the right to recover any amounts due, together with any associated fees, costs, expenses, and damages incurred by REDX in connection with such dispute, to the fullest extent permitted by law.
9. Community Standards and Subscriber Conduct
Subscriber acknowledges that Listing Academy may include community features, live meetings, role play sessions, messaging, chat, comments, group participation, and other interactive features. Subscriber agrees to use such features in a lawful, respectful, and professional manner.
Subscriber agrees not to use Listing Academy or the Platform to harass, threaten, abuse, defame, intimidate, or otherwise harm other users, trainers, guest presenters, REDX employees, or any third party. Subscriber further agrees not to post or share unlawful, obscene, offensive, infringing, or inappropriate content; engage in spam, excessive self-promotion, or solicitation; disrupt trainings or sessions; impersonate another person; or otherwise interfere with the operation of Listing Academy or the experience of other users of Listing Academy or Platform.
Subscriber further agrees that they shall not use Listing Academy or the Platform to:
engage in unlawful telemarketing, texting, or marketing practices;
transmit or upload any personal data, contact information, or consumer information in violation of applicable law;
scrape, harvest, extract, or collect data from Listing Academy or the Platform through automated means;
use bots, scripts, or automated systems to access or interact with the Platform;
reverse engineer, decompile, or otherwise attempt to derive source code from any portion of Listing Academy or the Platform;
engage in any activity that violates applicable advertising, privacy, or consumer protection laws.
Violation of this Section may result in immediate suspension or termination of Subscriber’s access to Listing Academy, in REDX’s sole discretion, without refund.
10. Recordings, Communications, and Consent
Subscriber acknowledges and agrees that live trainings, webinars, Zoom meetings, coaching sessions, role play sessions, and other events associated with Listing Academy may be recorded. Subscriber further acknowledges and agrees that Subscriber’s name, image, likeness, voice, chat messages, questions, comments, submissions, and participation may appear in such recordings.
By participating in Listing Academy, Subscriber grants REDX a non-exclusive, worldwide, royalty-free right to record, use, reproduce, distribute, display, publish, and otherwise use such recordings and participation for educational, training, operational, promotional, marketing, archival, and internal business purposes.
Subscriber further acknowledges and agrees that REDX may communicate with Subscriber by email, phone, and SMS or text messaging regarding Subscriber’s account, Subscription, billing, services, support, security, promotions, and other transactional or related matters, including via automated technology where permitted. Subscriber represents and warrants that Subscriber has provided accurate contact information and consents to receive such communications as permitted by applicable law. Message and data rates may apply. Subscriber may opt out of marketing communications as provided by law, but such opt out shall not apply to transactional or service-related communications necessary to administer the Subscription.
11. Compliance with Anti-Spam, Telemarketing, and Other Laws
Subscriber acknowledges and agrees that all communications initiated, sent, or conducted by Subscriber in connection with Subscriber’s business, including but not limited to calls, text messages, emails, or other outreach using scripts, templates, campaigns, or training provided through Listing Academy, must comply with all applicable federal, state, and local laws and regulations.
Subscriber also acknowledges and agrees that they are solely responsible for Subscriber’s compliance with all applicable federal, state, and local laws, rules, regulations, licensing requirements, industry standards, advertising requirements, and professional obligations in connection with Subscriber’s business and Subscriber’s use of Listing Academy Content.
These laws include, without limitation:
the Telephone Consumer Protection Act (TCPA);
the Telemarketing Sales Rule (TSR);
federal and state Do Not Call laws and registries;
the CAN-SPAM Act;
applicable federal, state, and local laws, rules, regulations, licensing requirements, industry standards, advertising requirements, and professional obligations in connection with Subscriber’s business and Subscriber’s use of Listing Academy Content.
Subscriber represents and warrants that:
they have obtained all necessary consents, permissions, and authorizations prior to contacting any individual;
they will not contact any individual who has not provided the level of consent required by applicable law;
they will maintain records of such consent where required;
they will comply with all opt-out, unsubscribe, and do-not-contact requirements.
Subscriber acknowledges and agrees that they are solely responsible for the content, legality, and compliance of all communications they initiate or send, regardless of whether such communications are based on Listing Academy Content.
REDX disclaims all liability for any communications initiated, sent, or conducted by Subscriber.
12. Opinions of Trainers and Guest Presenters
Subscriber acknowledges that Listing Academy may include training, commentary, instruction, or opinions from contractors, guest trainers, presenters, moderators, coaches, or third parties. Any opinions, viewpoints, advice, commentary, or recommendations expressed by such individuals are their own and do not necessarily reflect the opinions, policies, views, or positions of REDX.
REDX shall have no responsibility or liability for any such third-party opinions, statements, or content.
13. Limitation of Liability
To the maximum extent permitted by law, REDX shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, loss of commissions, loss of business opportunity, loss of goodwill, loss of data, or business interruption, arising out of or relating to Listing Academy or this Agreement, whether in contract, tort (including negligence), statute, or otherwise, even if REDX has been advised of the possibility of such damages.
To the maximum extent permitted by law, REDX’s total cumulative liability arising out of or relating to Listing Academy or this Agreement shall not exceed the total amount of Subscription fees paid by Subscriber to REDX for Listing Academy during the three (3) months immediately preceding the event giving rise to the claim.
Nothing in this Agreement shall limit or exclude liability to the extent such limitation or exclusion is prohibited by applicable law, including liability for gross negligence, willful misconduct, or fraud.
14. Platform Availability; Force Majeure
Subscriber acknowledges that REDX does not guarantee continuous, uninterrupted, secure, or error-free access to Listing Academy or the Platform. REDX does not warrant that all features, content, sessions, community functions, recordings, or communications will be available at all times. Interruptions, delays, errors, maintenance, outages, data loss, or other performance issues may occur as a result of matters within or outside of REDX’s reasonable control, including but not limited to maintenance, technical failures, software defects, internet outages, labor disturbances, acts of God, force majeure events, governmental regulations or interference, third-party service interruptions, communications carrier failures, or failures of providers including without limitation HighLevel, Zoom, Stripe, and related vendors.
REDX shall not be held responsible for interruptions to Listing Academy or the Platform arising from any such causes.
15. Cancellation and Termination
REDX reserves the right to terminate, suspend, restrict, or revoke access to Listing Academy for any Subscriber at any time and in its sole discretion, with or without notice.
Subscriber may cancel the Subscription at any time through the Listing Academy portal. In order to avoid renewal for the next Billing Cycle, cancellation must be completed prior to the next billing date. Failure to cancel prior to the next billing date will not justify a refund.
Subscriber understands that all sales are final and that once a payment has been processed, Subscriber is committed for the entire Billing Cycle. Subscriber understands that Subscriber is paying for access to the program during the applicable Billing Cycle and that not using the account does not justify a refund.
REDX may immediately suspend or terminate Subscriber’s access, without refund, in the event of non-payment, chargeback, abuse of the Platform, violation of this Agreement, prohibited account sharing, prohibited redistribution or resale of Listing Academy Content, violation of community standards, unlawful conduct, or any other conduct determined by REDX, in its sole discretion, to be harmful to REDX, Listing Academy, or other users.
Upon termination, Subscriber’s right to access and use Listing Academy shall immediately cease. REDX reserves the right to pursue any available legal or equitable remedies in connection with Subscriber’s breach of this Agreement
16. Governing Law
This Agreement shall be deemed to have been executed in the State of Utah and shall be interpreted and construed according to the laws of the State of Utah, without giving effect to any conflict of laws provisions.
Subscriber agrees that any and all claims or causes of action arising under or relating to this Agreement, Listing Academy, Listing Academy Content, the Platform, billing, termination, privacy, communications, or the relationship of the parties (the “Potential Claims”), shall be brought solely in Subscriber’s individual capacity, and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding. Subscriber expressly waives any right to participate in a class action, collective action, or representative action against REDX.
With respect to the Potential Claims, the parties hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah County, Utah. REDX may seek injunctive relief or other appropriate relief in any state or federal court located in Utah County, Utah, or other court of competent jurisdiction, for claims relating to intellectual property infringement, misuse of content, unauthorized account access, breach of confidentiality, or other claims for equitable relief.
17. Indemnification
Subscriber shall indemnify, hold harmless, and defend REDX and its respective employees, officers, directors, managers, members, agents, contractors, affiliates, successors, and assigns from and against any and all damages, losses, liabilities, actions, proceedings, claims, demands, costs, and expenses, including but not limited to reasonable attorneys’ fees, threatened, asserted, or filed by any third party arising out of or relating to Subscriber’s account, Subscriber’s use of Listing Academy, Subscriber’s business activities, marketing activities, or lead generation activities, any calls, text messages, emails or other communications initiated or sent by or on behalf of Subscriber, Subscriber’s use or misuse of Listing Academy Content, Subscriber’s collection, use, storage, or disclosure or personal information or contact data, Subscriber’s violation of any applicable law, including without limitation the TCPA, TSR, Do-Not-Call laws, CAN-SPAM, or privacy laws, Subscriber’s violation of this Agreement, or Subscriber’s violation of any other law, rule, regulation, licensing requirement, or third-party right.
18. Modifications
REDX reserves the right to modify, amend, or update this Agreement at any time. Any such modifications shall become effective upon posting to the applicable website, portal, or Platform, or upon other notice to Subscriber as determined by REDX. Subscriber’s continued use of Listing Academy after such modification shall constitute acceptance of the modified Agreement.
19. Survivorship
All warranties, representations, indemnities, waivers, covenants, payment obligations, intellectual property protections, dispute resolution provisions, limitations of liability, termination rights, and other agreements of the parties hereto that by their nature should survive shall survive the execution, delivery, expiration, cancellation, and termination of this Agreement.
20. Waiver
No failure or delay by REDX in exercising any right, power, or remedy under this Agreement shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise preclude any other or further exercise thereof.
21. Severability
If any provision of this Agreement, or the application of any provision to any person or circumstance, is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of this Agreement shall continue in full force and effect.
Any invalid or unenforceable provision shall be deemed modified and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law, and if such modification is not possible, such provision shall be severed from this Agreement without affecting the validity and enforceability of the remaining provisions.
22. Electronic Communications and Consent
Subscriber acknowledges and agrees that this Agreement is entered into electronically and that Subscriber’s acceptance of this Agreement, whether by clicking to accept, accessing or using Listing Academy, or otherwise, constitutes a legally binding agreement.
Subscriber agrees that REDX may provide all notices, disclosures, communications, and agreements electronically, including without limitation by email, in-platform notification, SMS/text message (where permitted), or by posting to the Listing Academy website or Platform. Such electronic communications shall satisfy any legal requirement that such communications be in writing.
Subscriber is responsible for maintaining accurate and current contact information and for regularly reviewing communications from REDX. Subscriber further agrees that REDX shall not be responsible for any failure of delivery of electronic communications due to inaccurate contact information or failure to access such communications.
To the extent permitted by applicable law, Subscriber consents to the use of electronic signatures, records, and communications in connection with this Agreement and waives any right to require an original (non-electronic) signature or delivery of paper records.
Terms & Conditions
This Terms of Services and Use Agreement (“Agreement”) is entered into by and between REDX LLC, a Utah limited liability company, with offices located at 1411 W 1250 S, Orem, Utah 84058 (“REDX”), and Subscriber (hereafter “Subscriber”).
RECITALS
REDX is a provider of real estate related technology solutions, training services, and professional development resources. Listing Academy is a subscription-based training service offered by REDX. Subscriber desires to access and utilize Listing Academy and its related training content, community features, live sessions, recordings, templates, and other educational materials.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and benefits expressed herein, the parties agree as follows:
1. Definitions
The following definitions as used in this Agreement shall have the following meanings:
“Listing Academy” shall mean the subscription-based training services offered by REDX under the Listing Academy name, which may include live or prerecorded instruction, webinars, coaching groups, role play sessions, Zoom meetings, digital learning materials, marketing templates, scripts, online community features, mobile application access, and related resources designed to support Subscriber’s professional training and skill development.
“Listing Academy Content” shall mean any and all instruction, recordings, worksheets, templates, scripts, campaigns, marketing materials, presentations, downloads, documents, and other resources provided or made available through Listing Academy.
“Subscription” shall mean Subscriber’s paid access to Listing Academy and Listing Academy Content.
“Billing Cycle” shall mean the recurring monthly billing period applicable to Subscriber’s Subscription, unless otherwise modified by REDX in writing.
“Subscriber’s Credit Card” shall mean the credit card or other payment method currently listed on Subscriber’s account and authorized for recurring payment, whether initially provided at signup or subsequently updated by Subscriber through the Listing Academy portal, REDX support, or other authorized means.
“Platform” shall mean the online portal, community platform, mobile application, communication systems, and related technologies through which Listing Academy is delivered, including any third-party services used by REDX in connection therewith, including but not limited to HighLevel, Zoom, Stripe, email service providers, and SMS providers
2. Listing License
Subject to Subscriber’s compliance with this Agreement and payment of all applicable fees, REDX hereby grants Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during an active Subscription to access and use Listing Academy and Listing Academy Content , subject to the terms and conditions set forth in this Agreement. This license permits Subscriber to utilize Listing Academy solely for Subscriber’s own personal, internal, educational, and business use. Subscriber agrees not to utilize Listing Academy or Listing Academy Content for anything other than its intended use, and further agrees not to copy, share, publish, sublicense, distribute, reproduce, sell, or otherwise make Listing Academy Content available to any third party except as expressly permitted herein.
Subscriber acknowledges that certain Listing Academy Content, including scripts, templates, campaigns, outlines, and marketing materials, is intended to be used, modified, and repurposed by Subscriber within Subscriber’s own business. Such permitted use shall not include the right to resell, redistribute, license, publish, repackage, or offer Listing Academy Content as part of any competing or third-party training, coaching, software, consulting, or content product.
Subscriber further agrees not to disseminate or disclose their account username or password, nor allow anyone else to utilize their account for access to Listing Academy. Each Subscription is intended for a single user only. Account sharing is strictly prohibited.
3. Relationship to REDX
Subscriber acknowledges that Listing Academy is a product and service offered by REDX. Subscriber further acknowledges and agrees that purchase of a Listing Academy Subscription does not require Subscriber to purchase, maintain, or subscribe to any other REDX product or service. Listing Academy is offered as a standalone training subscription.
4. Disclaimer of Educational Services
Listing Academy and all Listing Academy Content are provided solely for general educational and informational purposes only. REDX makes no representations, warranties, or guarantees regarding results, outcomes, earnings, commissions, lead generation results, listing acquisition, business growth, marketing performance, or professional success arising from Subscriber’s use of Listing Academy.
Subscriber acknowledges that success in real estate, marketing, sales, lead generation, and related fields depends on a variety of factors outside the control of REDX, including but not limited to Subscriber’s effort, consistency, skill, market conditions, regulatory requirements, competition, and economic circumstances. REDX does not guarantee the availability of any specific trainer, guest trainer, instructor, presenter, topic, training format, schedule, session frequency, delivery method, or item of content.
Subscriber also acknowledges and agrees that Listing Academy Content does not constitute legal advice, compliance advice, or regulatory guidance. Subscriber acknowledges that any compliance-related information, examples, or features provided through Listing Academy are offered solely for convenience and educational purposes and do not constitute legal advice or guarantee compliance. REDX does not represent or warrant that any scripts, templates, campaigns, workflows, or marketing materials provided through Listing Academy comply with the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), federal or state Do Not Call laws, CAN-SPAM Act, or any other applicable laws or regulations. Subscriber remains solely responsible for all business decisions, representations, marketing activities, licensing and regulatory compliance, and legal compliance arising from Subscriber’s use of Listing Academy.
Subscriber also acknowledges and agrees that nothing in Listing Academy or this Agreement creates a broker-client relationship, fiduciary relationship, legal advisor-client relationship, financial advisor-client relationship, agency relationship, employment relationship, partnership, or joint venture between REDX and Subscriber.
All Listing Academy Content is provided “as is” and without warranties of any kind, either express or implied.
5. Copyright and Intellectual Property Rights
Subscriber acknowledges and agrees that Listing Academy, the Platform, and all Listing Academy Content—including without limitation all training materials, recordings, videos, scripts, templates, campaigns, worksheets, presentations, documents, designs, text, graphics, interfaces, software, functionality, compilations, and all related content and materials—are proprietary products, trade secrets, and intellectual property of REDX or its licensors, protected under United States and international copyright, trademark, trade secret, and other intellectual property laws.
Subscriber further acknowledges and agrees that all rights, title, and interest in and to Listing Academy, the Platform, and all Listing Academy Content, including all intellectual property rights therein and any derivatives, modifications, or improvements thereto (whether created by REDX, Subscriber, or otherwise), shall remain solely and exclusively with REDX and its licensors. No rights are granted to Subscriber other than the limited rights expressly set forth in this Agreement.
Except as expressly permitted herein, Subscriber shall not, and shall not permit any third party to: (i) copy, reproduce, distribute, publish, display, perform, transmit, or otherwise exploit Listing Academy or Listing Academy Content; (ii) sell, resell, license, sublicense, rent, lease, transfer, assign, or otherwise make Listing Academy or Listing Academy Content available to any third party; (iii) create derivative works based on Listing Academy or Listing Academy Content for commercial distribution, training, or competitive purposes; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas from the Platform; or (v) remove, alter, or obscure any proprietary notices or labels.
Subscriber acknowledges that unauthorized use, reproduction, or distribution of Listing Academy or Listing Academy Content would cause irreparable harm to REDX for which monetary damages would be inadequate, and that REDX shall be entitled to seek injunctive or equitable relief, in addition to any other remedies available at law or in equity, in the event of any breach or threatened breach of this Section.
6. Terms of Subscription
Subscriber authorizes REDX to invoice Subscriber and process Subscriber’s Credit Card for payment according to the applicable Billing Cycle. Listing Academy is offered as a recurring monthly subscription currently billed at $97.00 per month, unless otherwise modified by REDX.
At the end of each Billing Cycle, the Subscription shall automatically renew for an additional monthly term unless Subscriber cancels the Subscription in accordance with Section 15 of this Agreement. In the event REDX is not able to process payment from Subscriber at the beginning of a renewal term, whether because Subscriber’s Credit Card has expired, has been declined, or for any other reason, REDX reserves the right to continue attempting to process payment until payment is made or the account is terminated.
If payment is not made within such time as REDX deems appropriate, REDX reserves the right to suspend or terminate Subscriber’s access to Listing Academy immediately and without refund. Subscriber acknowledges that failure to use the Subscription does not relieve Subscriber of payment obligations for the current Billing Cycle.
7. Payment Information and Charges
Charges. REDX shall charge Subscriber for the following items:
Subscription Charge: a recurring monthly fee for access to Listing Academy and the limited use license to Listing Academy Content. This charge is billed automatically at the beginning of each Billing Cycle unless and until Subscriber cancels the Subscription in accordance with this Agreement.
All sales are final. Once payment has been processed, Subscriber is committed for the entire applicable Billing Cycle.
Subscriber authorizes REDX to charge Subscriber’s Credit Card on a recurring basis unless and until the Subscription is properly canceled. If Subscriber updates the payment method on file, Subscriber thereby authorizes recurring payments on the updated payment method.
8. Chargebacks and Payment Disputes
Subscriber agrees not to initiate a chargeback, payment reversal, or other payment dispute without first contacting REDX customer support at [email protected] or through other REDX support channels in an effort to resolve the matter.
In the event Subscriber initiates a chargeback or payment dispute, REDX reserves the right to immediately suspend or terminate Subscriber’s access to Listing Academy and revoke access to all Listing Academy Content without refund. REDX further reserves the right to dispute any such chargeback or payment dispute and to provide proof of Subscriber’s agreement to this Agreement, proof of access, proof of content delivery, and proof of recurring billing authorization. REDX additionally reserves the right to recover any amounts due, together with any associated fees, costs, expenses, and damages incurred by REDX in connection with such dispute, to the fullest extent permitted by law.
9. Community Standards and Subscriber Conduct
Subscriber acknowledges that Listing Academy may include community features, live meetings, role play sessions, messaging, chat, comments, group participation, and other interactive features. Subscriber agrees to use such features in a lawful, respectful, and professional manner.
Subscriber agrees not to use Listing Academy or the Platform to harass, threaten, abuse, defame, intimidate, or otherwise harm other users, trainers, guest presenters, REDX employees, or any third party. Subscriber further agrees not to post or share unlawful, obscene, offensive, infringing, or inappropriate content; engage in spam, excessive self-promotion, or solicitation; disrupt trainings or sessions; impersonate another person; or otherwise interfere with the operation of Listing Academy or the experience of other users of Listing Academy or Platform.
Subscriber further agrees that they shall not use Listing Academy or the Platform to:
engage in unlawful telemarketing, texting, or marketing practices;
transmit or upload any personal data, contact information, or consumer information in violation of applicable law;
scrape, harvest, extract, or collect data from Listing Academy or the Platform through automated means;
use bots, scripts, or automated systems to access or interact with the Platform;
reverse engineer, decompile, or otherwise attempt to derive source code from any portion of Listing Academy or the Platform;
engage in any activity that violates applicable advertising, privacy, or consumer protection laws.
Violation of this Section may result in immediate suspension or termination of Subscriber’s access to Listing Academy, in REDX’s sole discretion, without refund.
10. Recordings, Communications, and Consent
Subscriber acknowledges and agrees that live trainings, webinars, Zoom meetings, coaching sessions, role play sessions, and other events associated with Listing Academy may be recorded. Subscriber further acknowledges and agrees that Subscriber’s name, image, likeness, voice, chat messages, questions, comments, submissions, and participation may appear in such recordings.
By participating in Listing Academy, Subscriber grants REDX a non-exclusive, worldwide, royalty-free right to record, use, reproduce, distribute, display, publish, and otherwise use such recordings and participation for educational, training, operational, promotional, marketing, archival, and internal business purposes.
Subscriber further acknowledges and agrees that REDX may communicate with Subscriber by email, phone, and SMS or text messaging regarding Subscriber’s account, Subscription, billing, services, support, security, promotions, and other transactional or related matters, including via automated technology where permitted. Subscriber represents and warrants that Subscriber has provided accurate contact information and consents to receive such communications as permitted by applicable law. Message and data rates may apply. Subscriber may opt out of marketing communications as provided by law, but such opt out shall not apply to transactional or service-related communications necessary to administer the Subscription.
11. Compliance with Anti-Spam, Telemarketing, and Other Laws
Subscriber acknowledges and agrees that all communications initiated, sent, or conducted by Subscriber in connection with Subscriber’s business, including but not limited to calls, text messages, emails, or other outreach using scripts, templates, campaigns, or training provided through Listing Academy, must comply with all applicable federal, state, and local laws and regulations.
Subscriber also acknowledges and agrees that they are solely responsible for Subscriber’s compliance with all applicable federal, state, and local laws, rules, regulations, licensing requirements, industry standards, advertising requirements, and professional obligations in connection with Subscriber’s business and Subscriber’s use of Listing Academy Content.
These laws include, without limitation:
the Telephone Consumer Protection Act (TCPA);
the Telemarketing Sales Rule (TSR);
federal and state Do Not Call laws and registries;
the CAN-SPAM Act;
applicable federal, state, and local laws, rules, regulations, licensing requirements, industry standards, advertising requirements, and professional obligations in connection with Subscriber’s business and Subscriber’s use of Listing Academy Content.
Subscriber represents and warrants that:
they have obtained all necessary consents, permissions, and authorizations prior to contacting any individual;
they will not contact any individual who has not provided the level of consent required by applicable law;
they will maintain records of such consent where required;
they will comply with all opt-out, unsubscribe, and do-not-contact requirements.
Subscriber acknowledges and agrees that they are solely responsible for the content, legality, and compliance of all communications they initiate or send, regardless of whether such communications are based on Listing Academy Content.
REDX disclaims all liability for any communications initiated, sent, or conducted by Subscriber.
12. Opinions of Trainers and Guest Presenters
Subscriber acknowledges that Listing Academy may include training, commentary, instruction, or opinions from contractors, guest trainers, presenters, moderators, coaches, or third parties. Any opinions, viewpoints, advice, commentary, or recommendations expressed by such individuals are their own and do not necessarily reflect the opinions, policies, views, or positions of REDX.
REDX shall have no responsibility or liability for any such third-party opinions, statements, or content.
13. Limitation of Liability
To the maximum extent permitted by law, REDX shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, loss of commissions, loss of business opportunity, loss of goodwill, loss of data, or business interruption, arising out of or relating to Listing Academy or this Agreement, whether in contract, tort (including negligence), statute, or otherwise, even if REDX has been advised of the possibility of such damages.
To the maximum extent permitted by law, REDX’s total cumulative liability arising out of or relating to Listing Academy or this Agreement shall not exceed the total amount of Subscription fees paid by Subscriber to REDX for Listing Academy during the three (3) months immediately preceding the event giving rise to the claim.
Nothing in this Agreement shall limit or exclude liability to the extent such limitation or exclusion is prohibited by applicable law, including liability for gross negligence, willful misconduct, or fraud.
14. Platform Availability; Force Majeure
Subscriber acknowledges that REDX does not guarantee continuous, uninterrupted, secure, or error-free access to Listing Academy or the Platform. REDX does not warrant that all features, content, sessions, community functions, recordings, or communications will be available at all times. Interruptions, delays, errors, maintenance, outages, data loss, or other performance issues may occur as a result of matters within or outside of REDX’s reasonable control, including but not limited to maintenance, technical failures, software defects, internet outages, labor disturbances, acts of God, force majeure events, governmental regulations or interference, third-party service interruptions, communications carrier failures, or failures of providers including without limitation HighLevel, Zoom, Stripe, and related vendors.
REDX shall not be held responsible for interruptions to Listing Academy or the Platform arising from any such causes.
15. Cancellation and Termination
REDX reserves the right to terminate, suspend, restrict, or revoke access to Listing Academy for any Subscriber at any time and in its sole discretion, with or without notice.
Subscriber may cancel the Subscription at any time through the Listing Academy portal. In order to avoid renewal for the next Billing Cycle, cancellation must be completed prior to the next billing date. Failure to cancel prior to the next billing date will not justify a refund.
Subscriber understands that all sales are final and that once a payment has been processed, Subscriber is committed for the entire Billing Cycle. Subscriber understands that Subscriber is paying for access to the program during the applicable Billing Cycle and that not using the account does not justify a refund.
REDX may immediately suspend or terminate Subscriber’s access, without refund, in the event of non-payment, chargeback, abuse of the Platform, violation of this Agreement, prohibited account sharing, prohibited redistribution or resale of Listing Academy Content, violation of community standards, unlawful conduct, or any other conduct determined by REDX, in its sole discretion, to be harmful to REDX, Listing Academy, or other users.
Upon termination, Subscriber’s right to access and use Listing Academy shall immediately cease. REDX reserves the right to pursue any available legal or equitable remedies in connection with Subscriber’s breach of this Agreement
16. Governing Law
This Agreement shall be deemed to have been executed in the State of Utah and shall be interpreted and construed according to the laws of the State of Utah, without giving effect to any conflict of laws provisions.
Subscriber agrees that any and all claims or causes of action arising under or relating to this Agreement, Listing Academy, Listing Academy Content, the Platform, billing, termination, privacy, communications, or the relationship of the parties (the “Potential Claims”), shall be brought solely in Subscriber’s individual capacity, and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding. Subscriber expressly waives any right to participate in a class action, collective action, or representative action against REDX.
With respect to the Potential Claims, the parties hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah County, Utah. REDX may seek injunctive relief or other appropriate relief in any state or federal court located in Utah County, Utah, or other court of competent jurisdiction, for claims relating to intellectual property infringement, misuse of content, unauthorized account access, breach of confidentiality, or other claims for equitable relief.
17. Indemnification
Subscriber shall indemnify, hold harmless, and defend REDX and its respective employees, officers, directors, managers, members, agents, contractors, affiliates, successors, and assigns from and against any and all damages, losses, liabilities, actions, proceedings, claims, demands, costs, and expenses, including but not limited to reasonable attorneys’ fees, threatened, asserted, or filed by any third party arising out of or relating to Subscriber’s account, Subscriber’s use of Listing Academy, Subscriber’s business activities, marketing activities, or lead generation activities, any calls, text messages, emails or other communications initiated or sent by or on behalf of Subscriber, Subscriber’s use or misuse of Listing Academy Content, Subscriber’s collection, use, storage, or disclosure or personal information or contact data, Subscriber’s violation of any applicable law, including without limitation the TCPA, TSR, Do-Not-Call laws, CAN-SPAM, or privacy laws, Subscriber’s violation of this Agreement, or Subscriber’s violation of any other law, rule, regulation, licensing requirement, or third-party right.
18. Modifications
REDX reserves the right to modify, amend, or update this Agreement at any time. Any such modifications shall become effective upon posting to the applicable website, portal, or Platform, or upon other notice to Subscriber as determined by REDX. Subscriber’s continued use of Listing Academy after such modification shall constitute acceptance of the modified Agreement.
19. Survivorship
All warranties, representations, indemnities, waivers, covenants, payment obligations, intellectual property protections, dispute resolution provisions, limitations of liability, termination rights, and other agreements of the parties hereto that by their nature should survive shall survive the execution, delivery, expiration, cancellation, and termination of this Agreement.
20. Waiver
No failure or delay by REDX in exercising any right, power, or remedy under this Agreement shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise preclude any other or further exercise thereof.
21. Severability
If any provision of this Agreement, or the application of any provision to any person or circumstance, is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of this Agreement shall continue in full force and effect.
Any invalid or unenforceable provision shall be deemed modified and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law, and if such modification is not possible, such provision shall be severed from this Agreement without affecting the validity and enforceability of the remaining provisions.
22. Electronic Communications and Consent
Subscriber acknowledges and agrees that this Agreement is entered into electronically and that Subscriber’s acceptance of this Agreement, whether by clicking to accept, accessing or using Listing Academy, or otherwise, constitutes a legally binding agreement.
Subscriber agrees that REDX may provide all notices, disclosures, communications, and agreements electronically, including without limitation by email, in-platform notification, SMS/text message (where permitted), or by posting to the Listing Academy website or Platform. Such electronic communications shall satisfy any legal requirement that such communications be in writing.
Subscriber is responsible for maintaining accurate and current contact information and for regularly reviewing communications from REDX. Subscriber further agrees that REDX shall not be responsible for any failure of delivery of electronic communications due to inaccurate contact information or failure to access such communications.
To the extent permitted by applicable law, Subscriber consents to the use of electronic signatures, records, and communications in connection with this Agreement and waives any right to require an original (non-electronic) signature or delivery of paper records.
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