Terms of Service

1. Agreement

These Terms of Service (the "Terms") are a binding agreement between Listing Academy LLC, a Utah limited liability company with its principal office at 1411 W 1250 S Ste 305 Orem, UT 84058. ("Listing Academy," "we," "us," or "our"), and you ("you" or "Member"). By checking the acceptance box at checkout, creating an account, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

These Terms include a binding arbitration agreement and class action waiver in Section 16.

2. Definitions

"Services" means the Listing Academy membership program and everything delivered through it: the member portal and website, the mobile app, live and recorded training, coaching and role-play sessions, the private online community, messaging features, and related resources.

"Listing Academy Content" means all training, recordings, scripts, templates, campaigns, worksheets, documents, software, and other materials we or our trainers provide through the Services.

"Member Content" means anything you post, upload, submit, say, or share through the Services, including your participation in live sessions.

"Membership" means your paid subscription. "Billing Cycle" means the recurring monthly period for which you are charged. "Payment Method" means the card or other payment method on file for your account, including any updated method.

3. Eligibility and Accounts

You must be at least 18 and able to form a binding contract. You are purchasing the Services for use in your business or profession. Each Membership is for one named individual; account sharing is prohibited. You are responsible for keeping your login credentials secure and for all activity under your account. Report suspected unauthorized use through your online account. If a brokerage or team pays for multiple Members, each Member must have their own account and the paying party is responsible for all accounts it sponsors.

4. What Your Membership Includes

An active Membership gives you access, during your paid Billing Cycle, to the Services and the Listing Academy Content then available. We regularly add, update, retire, and reschedule content, sessions, trainers, and features, and we do not guarantee that any particular trainer, session, topic, format, schedule, or item of content will be available at any time. Membership does not include leads, contact data, clients, or prospecting software.

5. License to Listing Academy Content

Subject to these Terms and payment of all fees, we grant you a limited, non-exclusive, non-transferable, revocable license during your active Membership to access and use the Services and Listing Academy Content for your own personal and internal business use. You may adapt scripts, templates, and similar materials for use in your own real estate business.

You may not copy, record, download (except where we provide a download button), share, publish, sell, or otherwise make Listing Academy Content available to anyone who is not an active Member; use it in any competing training, coaching, consulting, software, or content product; use it to train artificial intelligence models; remove proprietary notices; or use automated tools to access or download the Services. All rights not expressly granted are reserved. Listing Academy Content is owned by Listing Academy or its licensors and protected by intellectual property law. Unauthorized use may cause harm that money cannot fully repair, and we may seek injunctive relief.

6. Educational Purpose; No Guarantees

The Services are provided for general educational and informational purposes and reflect the experience, methods, and opinions of the people who teach them.

No results guaranteed. We do not represent, warrant, or guarantee that you will obtain any listing, close any transaction, earn any commission or income, or achieve any other outcome. Success in real estate depends on factors we do not control, including your effort, skill, market, brokerage, licensing status, competition, and economic conditions. Any results or experiences described by trainers, Members, or in our marketing are those individuals' own and are not a promise of what you will achieve or an indication of typical results.

Not professional advice. Nothing in the Services is legal, tax, accounting, financial, investment, or real estate brokerage advice, and nothing creates an attorney-client, fiduciary, brokerage, agency, employment, partnership, or joint venture relationship between you and Listing Academy or any trainer. Consult your broker and your own licensed professionals.

No compliance warranty. Laws governing prospecting, marketing, and real estate practice differ by state and change frequently. We do not represent or warrant that any script, template, strategy, or example complies with the laws of your jurisdiction. Compliance is your responsibility (Section 8).

7. Trainers and Guests

Training is delivered by independent trainers, coaches, guest presenters, and moderators, many of whom are independent contractors and working real estate professionals with their own licenses, brokerages, and business relationships. Their views, opinions, recommendations, and methods are their own; Listing Academy does not adopt or endorse them by hosting them and is not responsible for them. Trainers have no authority to make promises or commitments on behalf of Listing Academy or to modify or waive these Terms. Products, services, or vendors a trainer mentions are not endorsed by Listing Academy, and we are not responsible for them or for your dealings with any vendor.

8. Your Responsibility to Comply With the Law

We teach prospecting. Prospecting means contacting people, and contacting people is regulated. You alone are responsible for making sure that everything you do in your business, whether or not based on something you learned here, complies with the law.

Nothing we teach is permission or encouragement to break the law. If any script, tactic, example, or comment in the Services could be read as suggesting that you contact someone without legally required consent, ignore a do-not-call request, misrepresent yourself, or otherwise act unlawfully, you must not do it, and you may not rely on the Services as authorization.

Laws that commonly apply include, without limitation: the Telephone Consumer Protection Act and FCC rules; the Telemarketing Sales Rule and the National Do Not Call Registry; state telemarketing and "mini-TCPA" laws and state do-not-call registries; the CAN-SPAM Act and state email and text marketing laws; fair housing and anti-discrimination laws; your state's real estate license law and commission rules, your MLS's rules, your association's code of ethics, and your brokerage's policies; privacy and data protection laws governing information about prospects and clients; and local solicitation ordinances.

You agree that you will obtain any consent the law requires before contacting anyone, honor every opt-out and do-not-contact request, identify yourself truthfully, and comply with all calling-hour and frequency limits. You are solely responsible for the content, legality, and consequences of every call, text, email, letter, visit, advertisement, and other communication you make, regardless of whether it is based on Listing Academy Content. Listing Academy disclaims all liability for your communications and marketing activities.

9. Community Standards

You agree to use the community, live sessions, and messaging features lawfully, respectfully, and professionally. You may not: harass, threaten, defame, or discriminate against anyone; post content that is unlawful, obscene, hateful, infringing, deceptive, or invades another person's privacy; post or share consumer contact lists, lead lists, MLS data, or other third-party personal information; prospect other Members or send unsolicited commercial messages; promote competing training, coaching, or business opportunities, or recruit for multi-level marketing; share your login or record or redistribute sessions; impersonate anyone or disrupt sessions; upload malware or interfere with the Services; or use the Services to violate any law. We may remove content, restrict features, or suspend or terminate your account for violations, in our judgment, with or without notice. We have no obligation to monitor Member Content.

10. Member Content

You retain ownership of your Member Content. You grant Listing Academy a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to host, store, reproduce, display, distribute, edit, and create derivative works of your Member Content in connection with operating, providing, and promoting the Services, including in recordings made available to Members. You represent that you have the rights to post your Member Content and that it does not infringe anyone's rights or violate any law. Member Content is the responsibility of the Member who posts it. If you give us ideas or suggestions about the Services, we may use them without obligation to you.

11. Recordings and Use of Your Name, Voice, and Likeness

Live trainings, coaching calls, role-play sessions, and community events are recorded. Your name, voice, image, chat messages, questions, and comments may appear in those recordings. By joining a live session, you consent to being recorded. If you do not want to be recorded, keep your camera and microphone off, limit your use of chat, or leave the session. You may not record sessions yourself.

You grant Listing Academy a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to record, reproduce, edit, excerpt, publish, distribute, display, and otherwise use recordings of live sessions and your contributions to them, including your name, voice, image, likeness, and the things you say and write, for the purpose of operating the Services, training Members, and promoting Listing Academy, including in clips, excerpts, quotes, and testimonials on our website, in advertising, on social media, and in other marketing. You waive any right to inspect or approve such uses and any claim to compensation for them. Recordings and other Member communications may also be reviewed to enforce these Terms, respond to legal process, and resolve disputes.

12. Fees, Recurring Billing, and Cancellation

Key Billing Terms

Price. Listing Academy costs $97.00 per month plus any applicable tax. Automatic renewal. Your Membership renews automatically each month on your billing date, and your Payment Method is charged $97.00 each month until you cancel. Cancel any time from your online account. Go to Manage Billing, log in with the email associated with your membership, follow the instructions to cancel your account, and you will receive a confirmation email. Cancellation takes effect at the end of the billing period you have already paid for; you keep access until then and will not be charged again. Your cancellation is complete when you receive our confirmation email. If you cannot access your account, contact [email protected] from the email address on file. All payments are final. Fees are non-refundable, including for partial months or unused access, except where the law requires otherwise. Price changes. We will email you at least 30 days before any price increase takes effect. You can cancel before it does.

Details

Authorization. By purchasing a Membership you authorize Listing Academy and its payment processor to charge your Payment Method the Membership fee plus applicable taxes at the start of each Billing Cycle until you cancel. If you update your Payment Method, this authorization applies to the updated method. Payments are handled by a third-party payment processor; we do not store full card numbers.

Confirmation and receipts. We will send you an email confirming your Membership terms and how to cancel when you join, a receipt after each charge.

Failed payments. If a charge fails, we may retry it and will notify you by email. If payment is not received, we may suspend or end your Membership. You remain responsible for fees for any Billing Cycle that has begun.

Promotions and trials. If we offer a trial, introductory price, or other promotion, the specific terms shown at checkout apply.

Price changes. We may change the Membership price by giving you at least 30 days' notice by email before the new price takes effect. If you do not cancel before then, your Membership continues at the new price. Where your state's law requires your affirmative consent to a price increase or a longer notice period, we will follow that law.

Cancellation. Your online account is the designated way to cancel. Use the cancel option in Account Settings, available wherever you manage your account online and in the app. Online cancellation is processed immediately and confirmed by email, and cancellation is complete when that confirmation is sent. If you are unable to cancel online, you may ask us to cancel for you by emailing [email protected] from the email address on your account; we will complete the cancellation in your account and send you the same confirmation email. Messages sent by other means (for example, a reply to a marketing email or text, a community post, a social media message, or a message to a trainer) are not cancellation requests. To avoid a renewal charge, complete your cancellation before your next billing date. If you have not received a confirmation email, your cancellation has not been completed. Cancellation stops future charges; it does not refund the current Billing Cycle, and you may continue to use the Services through the end of the Billing Cycle you have paid for.

Refunds. Except where required by applicable law or stated in a specific promotional offer, all fees are non-refundable, including where you did not use the Services or did not cancel before a renewal date. Questions about a charge may be directed to [email protected].

Taxes. Prices exclude taxes unless stated. You are responsible for any sales, use, or similar taxes we are required to collect.

13. Payment Disputes

If you initiate a chargeback or payment dispute, we may suspend your account while it is pending and may respond with records of your acceptance of these Terms, your access and activity history, our communications with you, and our billing and cancellation records, as described in our Privacy Policy. If a dispute is resolved in our favor, or we determine in good faith that it was made without a valid basis, we may terminate your Membership and, to the extent permitted by law, recover the disputed amount and any dispute fees we incurred.

14. Communications From Us

Account and service messages. We will send you emails about your account, billing, security, and the Services for as long as you have an account.

Text messages. If you separately opt in to receive text messages from Listing Academy: consent to marketing texts is not a condition of purchase; message frequency varies; message and data rates may apply; reply STOP to cancel (you will receive one confirmation message and no further texts to that number for that program) or revoke consent by any other reasonable means; reply HELP for help or contact [email protected]; and wireless carriers are not liable for delayed or undelivered messages. We do not share your mobile number or your text messaging consent with third parties or affiliates for their marketing purposes.

Marketing emails. Unsubscribe using the link in any marketing email. Unsubscribing does not stop account and service messages.

Electronic communications. You consent to receive notices, disclosures, and agreements electronically, by email, in-app notice, text where permitted, or posting within the Services, and agree that electronic communications satisfy any legal requirement that a communication be in writing. Keep your contact information current; we are not responsible for notices you miss because it is out of date.

15. Copyright Complaints

If you believe content on the Services infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent: Listing Academy LLC, Attn: Copyright Agent, 1411 W 1250 S Ste 305 Orem, UT 84058, [email protected]. We respond to compliant notices as the law provides and terminate the accounts of repeat infringers.

16. Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND LISTING ACADEMY TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

16.1 Informal resolution first. Before starting arbitration or any court proceeding other than small claims, the party raising the dispute must send a written notice describing the dispute and the relief requested (to us: Listing Academy LLC, 1411 W 1250 S Ste 305 Orem, UT 84058, [email protected]; to you: the email address on your account). The parties will try in good faith to resolve the dispute for 60 days after the notice is received. Any statute of limitations is tolled during this period.

16.2 Agreement to arbitrate. Except as provided in Section 16.3, you and Listing Academy agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, Listing Academy Content, your Membership, billing, communications you received from us, or the relationship between us, under any legal theory and whether arising before or after the effective date of these Terms (a "Dispute"), will be resolved exclusively by final and binding individual arbitration.

16.3 Exceptions. Either party may bring an individual claim in small claims court if it qualifies and remains there, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized access to or misuse of the Services or Listing Academy Content.

16.4 Procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if the AAA determines the Consumer Rules do not apply), as modified by this Section. The Federal Arbitration Act governs this Section. A single neutral arbitrator will decide the Dispute, may award the same individual relief a court could award, must follow these Terms as a court would, and will issue a reasoned written decision. Any in-person hearing will take place in Utah County, Utah, or in the county where you live, at your election, or by video conference. For claims under $25,000, either party may elect a hearing by documents only or by video. Payment of filing, administration, and arbitrator fees will be governed by the AAA rules. Each party bears its own attorneys' fees unless the arbitrator awards them under applicable law.

16.5 Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section, except that a court will decide any dispute about the enforceability of the class action waiver in Section 16.6.

16.6 Class action and jury waiver. YOU AND LISTING ACADEMY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding, and may award relief only in favor of the individual party seeking relief. If this Section 16.6 is found unenforceable as to a particular claim, that claim (and only that claim) will be severed from arbitration and decided by a court as provided in Section 17, after all other claims have been arbitrated. YOU AND LISTING ACADEMY EACH WAIVE THE RIGHT TO A JURY TRIAL.

16.7 Mass arbitration. If 25 or more similar arbitration demands are filed against Listing Academy by or with the assistance of the same law firm or coordinated group within 90 days, the AAA's Mass Arbitration Supplementary Rules (or, if unavailable, a batching procedure of 25 cases per batch with a single arbitrator per batch) will apply, and filing fees will be assessed per batch. Section 16.1 applies to each claimant individually.

16.8 Thirty-day right to opt out. You may reject this Section 16 by emailing [email protected] with your name, account email, and a statement that you opt out of arbitration, within 30 days after you first accept these Terms. Opting out does not affect your Membership or any other part of these Terms. If you opt out, Section 17 governs where Disputes are heard.

16.9 Changes. If we change this Section 16, the change does not apply to any Dispute of which either party had notice before the change took effect, and you may reject the change by emailing [email protected] within 30 days after it takes effect, in which case the prior version continues to apply to you.

16.10 Survival. This Section survives termination of your Membership and these Terms.

17. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of Utah and the Federal Arbitration Act, without regard to conflict-of-laws principles, except that if you reside in a state whose law provides consumer protections that cannot be waived by contract, those protections apply to you. Subject to Section 16, any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Utah County, Utah, and you and Listing Academy consent to personal jurisdiction and venue there, except that either party may bring a qualifying claim in small claims court where you live.

18. Termination

You may cancel your Membership at any time as described in Section 12. We may suspend or terminate your account and Membership, with or without notice, if you violate these Terms, fail to pay, initiate an unfounded payment dispute, share or redistribute Listing Academy Content, violate the Community Standards, use the Services unlawfully, or engage in conduct that we reasonably believe harms Listing Academy, other Members, trainers, or third parties. On termination your license ends and your access stops. Sections 5 through 8, 10, 11, 13, and 15 through 22 survive termination.

19. Disclaimers and Limitation of Liability

THE SERVICES AND LISTING ACADEMY CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, LISTING ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT, OR THAT ANY RESULT WILL BE ACHIEVED. Interruptions, outages, maintenance, data loss, and delays may occur, including because of third-party providers or events outside our reasonable control, and we are not liable for them.

TO THE FULLEST EXTENT PERMITTED BY LAW, LISTING ACADEMY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, TRAINERS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST COMMISSIONS, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR REGULATORY FINES OR PENALTIES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LISTING ACADEMY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE MEMBERSHIP FEES YOU PAID IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS.

Nothing in these Terms limits liability that cannot be limited under applicable law, including for gross negligence, willful misconduct, or fraud.

20. Indemnification

You agree to defend, indemnify, and hold harmless Listing Academy and its members, managers, officers, employees, trainers, contractors, affiliates, successors, and assigns from and against all claims, demands, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) brought by any third party or government authority arising out of or relating to: your business, prospecting, marketing, or lead-generation activities, including any communication made by you or on your behalf, whether or not based on Listing Academy Content; your violation of any law, including those described in Section 8; your collection, use, or disclosure of any person's information; your Member Content; your violation of these Terms; or your violation of any third party's rights.

21. Changes to These Terms

We may update these Terms from time to time. If a change is material, we will notify you by email or by notice within the Services at least 30 days before it takes effect, and we may require you to accept the updated Terms to continue using the Services. Non-material changes take effect when posted. If you do not agree to a change, cancel your Membership before it takes effect; your continued use after the effective date means you accept the change, except as provided in Section 16.9.

22. General

Entire agreement. These Terms, the Privacy Policy, and any promotional terms presented at checkout are the entire agreement between you and Listing Academy about the Services and supersede any prior agreements, including any prior terms under which Listing Academy was offered, including any REDX LLC terms that referenced Listing Academy.

Severability; no waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms remain in effect, except as provided in Section 16.6. Our failure to enforce a provision is not a waiver.

Assignment. You may not assign these Terms or your Membership. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

Notices. Notices to you will be sent to the email address on your account or posted within the Services. Notices to us must be sent to Listing Academy LLC, 1411 W 1250 S Ste 305 Orem, UT 84058, with a copy to [email protected].

Electronic acceptance. You agree that these Terms are entered into electronically and that your click, tap, or use constitutes your signature and consent to be bound.

23. Contact

Listing Academy LLC

1411 W 1250 S Ste 305 Orem, UT 84058
[email protected]