Real Estate Licensing New York LLC (d/b/a and a/k/a RELNY) (hereinafter alternatively and/or collectively referred to as “RELNY”, “SITE”, “we”, “our” or “us”)

This agreement is a legal contract between RELNY, located at 25 Melville Park Road, Suite 160, Melville, New York 11746 (office is not open to the public), and you and constitutes the Terms of Use of RELNY’S web site, including ALL proprietary content. By agreeing to the terms, users (“You” or “Your”) are bound by them. The terms govern your use and access to our SITE, as well as all content, material, intellectual property, documents available on RELNY. You must agree to ALL of the terms herein in order to gain permission to access or use our site and any and all information contained in the SITE. Without agreeing to the terms, you have no permission to do so. Your use of the SITE shall constitute your consent to all of the terms of this agreement.

RELNY may make changes to the content and/or services offered on this SITE at any time. In the event that any notable changes are made, same will be posted on our SITE. If you do not accept the changes, you are prohibited from any further use of the site. However, your continued used of the SITE is deemed your acceptance of any and all changes.

General Use Restrictions

RELNY provides real estate pre-licensing and continuing education courses for real estate professionals, licensees, including, but not limited to, and depending upon the specific program the user enrolls in, New York State Salesperson and Broker Licensing Courses, Continuing Education Courses and Online Videos, along with tests and/or quizzes, information, documents and other services for licensing preparation and reference use, and is intended to aid those studying and/or preparing to become a real estate licensee and/or meet post-licensing requirements. Anything provided to you by RELNY is for reference use only and are not intended to transfer any copyright that may be in effect.

Except for the aforementioned, you acknowledge and agree that no right is provided to you except for the right to utilize RELNY and the within information. Should you breach any of these Terms or engage in any other improper and/or illegal conduct, including providing access to a non-paying user, the license will immediately terminate. Upon termination of this limited license, you agree to immediately destroy any copied, downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.

Password Restricted Areas of this Site

You are registering for a password to login to this Site and to use certain functions and areas within this Site. The ultimate responsibility for maintaining the confidentiality of your password and account rests with you. Therefore, you agree to notify RELNY if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify RELNY of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Product Information and Warranties

RELNY has made a conscientious effort to display and describe its products and services on RELNY’S Web Site accurately. Furthermore, RELNY is constantly improving its information, products and services. Consequently, RELNY does not and cannot guarantee that you will pass the actual licensing examination or otherwise provide any warranty in connection with the information contained within our SITE.

Refund Policy

In an effort to protect its intellectual property, because RELNY provides users with the opportunity to preview its courses before paying, once any access is made to the site (e.g. logging into Your account), no refunds will be provided, absent any extraordinary circumstances as solely determined by RELNY.

No Professional Advice

The information and materials available through RELNY’S Web Site and courses is for informational and educational purposes only and is not a substitute for professional advice. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH RELNY‘S WEB SITE IS SOLELY AT YOUR OWN RISK.

Usage of RELNY’s Web site

As a condition of Your use of RELNY’S Web Site, You represent and warrant to RELNY that You will not use RELNY’S Web Site for any unlawful purpose or in any manner prohibited by this Agreement’s terms, conditions or notices.

You represent and warrant that You will not use RELNY’S Web Site in any manner which could damage, disable, overburden or impair RELNY’S Web Site or interfere with any other party’s use and enjoyment of RELNY’S Web Site.

Certain portions of RELNY’S Web Site (“Member Only Site”) will be accessible only to fee paying customers of RELNY (“Members”). All Member information provided to RELNY must be reasonably current, accurate and complete. If RELNY at any time discovers any error or omission in the information You provide, RELNY may in its sole discretion terminate Your right to access and use of the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your RELNY Member or login information to access any portions of RELNY’S Web Services which are restricted to paying Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof.

You agree that when using RELNY Web Site, You will not:

Violate any applicable laws or regulations;

Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;

Attack, ridicule, denounce, impugn a person’s character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;

Use RELNY’s Web Site for commercial purposes;

Permit anyone other than Yourself to use Your RELNY Member information to access any portions of RELNY’s Web Site which are restricted to Members only;

Forward any portions of RELNY’s Web Site which are restricted to Members to anyone who is not a Member of RELNY; or

Violate any of RELNY’s policies, guidelines or other codes of conduct which are applicable to RELNY’s Web Site or in particular to one of RELNY’s Web Services.

Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of RELNY;

Frame, squeeze back, overlay or employ other techniques to enclose or display the RELNY Web Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the RELNY Web Site, with any other software or content of a third party;

Use any meta tags or any other “hidden text” utilizing the names or trademarks of RELNY without its prior written consent;

Without limiting the generality of the other restrictions set forth herein, access, monitor or copy any content or information of this Web Site using any “robot”, “spider”, “deep link”, “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose; or

Violate any of RELNY policies, guidelines or other codes of conduct.

RELNY has no obligation to screen or monitor RELNY’s Web Site; however, RELNY reserves the right to review information or materials posted to RELNY’s Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of RELNY’s Web Site. RELNY reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from RELNY’s Web Site, including without limitation any information or materials posted through use of RELNY’s Web Services, regardless of whether such material does or does not violate this Agreement or any of RELNY’s policies, guidelines, or other codes of conduct which are applicable to RELNY’s Web Site or in particular to one of RELNY’s Web Services.

RELNY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO RELNY’S COURSES, PRACTICE EXAMINATIONS AND ANY AND ALL OTHER MATERIALS AND CONTENT. RELNY DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON RELNY UNLESS IT IS PROVIDED BY AN AUTHORIZED RELNY REPRESENTATIVE. YOUR RELIANCE ON ANY INFORMATION, PRACTICE EXAM AND OTHER RELNY CONTENT IS AT YOUR OWN RISK. HOWEVER, THE CONTENT THAT RELNY PROVIDES IS ACCURATE TO THE BEST OF RELNY’S KNOWLEDGE.

Fees and Payments

We may charge you fees for merchandise, products and/or services, including without limitation Content, offered for sale on the Website. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Service and/or through your account/profile at the rates in effect for the billing period in which such fees and charges are incurred (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). Unless otherwise specified on the Service, all Fees will be quoted and charged in U.S. dollars. We reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon publication of such revised pricing on the Service.

All Fees are due promptly and are generally non-refundable if there is no valid reason for a refund. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.

If you submit a credit, debit, or charge card number, PayPal, Stripe, or other payment information to us upon registration, at the time of purchase, or otherwise, you authorize, give us permission, and direct us to retain such information and to charge all Fees to such payment method. However, RELNY does not collect personal credit/debit card information, since it is collected by our payment processor and RELNY has no access to such information.

If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; and/or (ii) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use RELNY or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.

Copyright and Trademark Ownership, Notices and Infringement

Copyrights:

All contents of RELNY’s Web Site are: Copyright ©2022 RELNY LLC. All rights reserved.

RELNY’s Web Site and the content displayed on RELNY’s Web Site and all software, data and information used to provide RELNY’s Web Site, including, but not limited to, course videos, documents, course content, practice tests, text, graphics and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to RELNY, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. The compilation of the content on RELNY’s Web Site is the exclusive property of RELNY and is protected by the copyright laws of the United States and other countries.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from RELNY’s Web Site, without the prior written permission of RELNY. RELNY grants You the limited and nonexclusive right and license to access content from RELNY’s Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through RELNY’s Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use RELNY’s Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to RELNY and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from RELNY’s Web Site as authorized hereunder. Any rights not expressly granted herein are reserved.

Trademarks

Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to RELNY’s names, logos, graphics, logotypes, trade dress, designs, or other trademarks.

Repeat Infringer Policy and Copyright Complaints

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, RELNY has adopted a policy of terminating, in appropriate circumstances and in RELNY’s sole discretion, accounts deemed to be repeat infringers. RELNY may also, in its sole discretion, limit access to the Web Site and/or terminate any account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. If you believe that any user of the Web Site or any account holder has engaged in repeat infringement of your copyrighted materials on or in connection with the Web Site, you may provide RELNY with information about your allegations of repeat infringement.

If you believe in good-faith that anything on the RELNY Web Site infringes any copyright that you own or control, you may file a notification of alleged copyright infringement with RELNY. To be effective, the notification must be a written communication that includes:

• A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RELNY to locate the material;
• Information reasonably sufficient to permit RELNY to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The alleged infringer may provide RELNY with a proper counter-notification. To be effective, the counter-notification must be a written communication that includes the following information:

• The counter-notifying party’s physical or electronic signature;
• Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
• A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
• The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where RELNY is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided RELNY with notification or an agent of such a person.

We suggest that you consult an attorney before sending us a notification or counter-notification.

Please place the phrase “alleged copyright infringement” in the subject line of your mail.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Notifications and counter-notifications may be sent to: info@RealEstateLicenseNY.com

Privacy Policy

Your use of this Site is governed by the RELNY simple Privacy Policy. RELNY does not share your personal information with ANY third party or otherwise sell your personal information for commercial gain. See our separate and detailed Privacy Policy for additional information.

Third Party Content

Certain information and other content that are not RELNY owned may be provided by third party licensors and suppliers to RELNY (“Third Party Content”). The Third-Party Content shall be utilized in the same aforementioned capacity and/or manner as other Shared Work(s) in connection with this Site. RELNY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Termination

RELNY reserves the right in its sole discretion to terminate Your access to RELNY’S Web Site, including without limitation RELNY’s practice examinations and/or Web Services, at any time without notice for any reason whatsoever.

Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to any representations and warranties contained herein.

Compliance With Applicable Laws

RELNY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Proprietary Rights

RealEstateLicenseNY.com, RELNY.com, and/or any other derivative of the website address; and Real Estate Licensing New York LLC and RELNY LLC, are trademarks of Estate Licensing New York LLC and/or RELNY LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of RELNY, Copyright ©2022 RELNY. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. THE MATERIALS AND THE THIRD-PARTY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. RELNY DOES NOT WARRANT THE ACCURACY OF TIMELINESS OF THE MATERIALS, SHARED WORK(S) OR THE THIRD-PARTY CONTENT CONTAINED ON THIS SITE. RELNY HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS AND/OR THE THIRD-PARTY CONTENT, WHETHER PROVIDED BY RELNY OR OUR LICENSORS. THIS SITE AND RELNY DO NOT PROVIDE LEGAL, FINANCIAL, REAL ESTATE OR MORTGAGE ADVICE. THE MATERIALS, SHARED WORK(S) AND THE THIRD-PARTY CONTENT ON THIS SITE ARE FOR INFORMATIONAL AND TEST PREPARATION PURPOSES ONLY. THE MATERIALS AND THIRD-PARTY CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR EDUCATIONAL, LEGAL OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL OR OTHER ISSUE, INCLUDING RELATIVE TO ANY PRACTICE QUESTION SOLD AND/OR PROVIDED BY RELNY

RELNY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE.

RELNY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE RELNY TESTING MATERIALS AND/OR THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SHARED WORK(S), AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. RELNY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. ADVICE RECEIVED VIA RELNY’S WEB SITE, INCLUDING PRACTICE EXAMINATIONS SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE EDUCATION, TEST AND TESTING OR OTHER PROFESSIONAL FOR SPECIFIC ADVICE.

Limitation of Liability

RELNY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE AND/OR USE OF RELNY CONTENT, INCLUDING, BUT NOT LIMITED TO, COURSE VIDEOS, COURSE LIVESTREAMS, LIVE CLASSROOOM COURSES, PRACTICE TESTS, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL RELNY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF EMPLOYMENT, AN EMPLOYMENT OPPORTUNITY, DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF RELNY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF RELNY’S WEB SITE IS TO DISCONTINUE USING RELNY’S WEB SITE WITH NO ENTITLEMENT TO A REFUND. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL RELNY BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF EMPLOYMENT OR EMPLOYMENT OPPORTUNITY, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF RELNY’S WEB SITE, WITH THE DELAY OR INABILITY TO USE RELNY’S WEB SITE OR RELNY’S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH RELNY’S WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF RELNY’S WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RELNY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL RELNY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH RELNY’S WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH RELNY’S WEB SITE.

Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.

Indemnity

YOU AGREE TO INDEMNIFY RELNY FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF ANY RELNY MATERIALS, ITS WEB SITE, ITS COURSES, ITS VIDEOS, ITS LIVESTREAMS. INCLUDING WITHOUT LIMITATION, ANY CLAIM OF INSUFFICIENCY, INADEQUACY OR INCORRECTNESS OF RELNY CONTENT, LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS, AND THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. RELNY WILL NOTIFY YOU OF ANY CLAIM FOR WHICH RELNY SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO RELNY’S INTERESTS, AS REASONABLY DETERMINED BY RELNY AT ITS SOLE DISCRETION.

Local Laws; Export Control

RELNY controls and operates this Site from its headquarters in the United States of America and the Content, Materials, and/or Third-Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Governing Law

This Agreement is governed by the laws of the State of New York, USA.

Arbitration

Unless otherwise agreed upon by the Parties, all disputes, claims and/or complaints and damages, arising out of or in connection with the instant contract or arising from RELNY’S products or services or business operations, including, but not limited to non-payment, shall be addressed through binding arbitration in the New York City Metropolitan area with Resolute Systems, Inc., AAA, NAM or JAMS. The arbitrator is to be agreed on by all parties to the instant agreement. If no agreement can be reached, a randomly chosen arbitrator chosen by the arbitration company shall be used. The laws of the State of New York will govern any Arbitration proceeding. By submitting the dispute to arbitration under these rules, any awards will be paid without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.

Each of the Parties shall be responsible for their own legal expenses until an award is given or settlement is reached, provided however, the losing Party shall compensate, in full, the winning party, its heirs and/or assignees all of the winning party’s arbitration costs, legal expenses and other charges and damages deemed fair by the Arbitrator. Any award, including legal expenses, costs and other charges, shall be the subject of a Judgment filed with all applicable government offices or agencies, including the applicable County Clerk.

No Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between You and RELNY as a result of this Agreement or use of RELNY’s Web Site, including, without limitation, RELNY’s practice examinations, Content and Web Services.

Construction

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation 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 the intent of the original provision, and the remainder of the Agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and RELNY with respect to RELNY’s Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and RELNY with respect to RELNY’s Web Site, including without limitation to RELNY’s Web Services.

Notices

Notices given by RELNY to You will be given by an e-mail, if an e-mail address is available. Notices given by RELNY to Members may also be given by conventional mail. Notices to RELNY must be sent by email to: realestatelicensingny@gmail.com.

Assignment

RELNY may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of RELNY.

Captions and Headings

Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.

END OF USER AGREEMENT – TERMS AND CONDITIONS OF USE