Terms

Terms of Use

Welcome to learn.keithferrazzi.com, a website owned and operated by Ferrazzi Greenlight (“Ferrazzi,” “we,” “us,” “Ferrazzi Learning Academy” or “our”). We provide you access to this website (the “Website”) subject to the following terms and conditions, as amended by Ferrazzi from time to time without notice (the “Terms of Use”).

BY ACCESSING AND USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE HEREBY INCORPORATED INTO THESE TERMS OF USE BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in the Privacy Policy.

ACCESS.

Eligibility. The Website is available only to individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Website only with the consent of your parent or guardian. We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion thereof, including by closing or disconnecting your account, without notice and without reason.
Usage Rights and Restrictions. Subject to these Terms of Use, Ferrazzi grants you a limited, non-transferable, non-exclusive, license to access and use the Website solely for your personal, non-commercial use. Ferrazzi may terminate this license at any time for any reason. Further, when using or accessing the Website, you agree that:

You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;
You will not access or use the Website to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with, or attempt to interrupt the proper operation of, the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website;
You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not resell, distribute, or sublicense the Website or use it for the benefit of anyone other than you;
You will not remove or modify any proprietary markings or restrictive legends placed on the Website; and
You will not introduce, post, or upload to the Website any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Website, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Website to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Website.

Modifications. Ferrazzi reserves the right, at any time, to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.

INTELLECTUAL PROPERTY.

The Website is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Ferrazzi and our licensors exclusively own all right, title, and interest in and to the Website and all Content, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website.

The Website contains material, such as software, text, graphics, images, and other material provided by or on behalf of Ferrazzi (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

You may view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of Ferrazzi. We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

The trademarks, service marks, and logos of Ferrazzi (the “Ferrazzi Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Ferrazzi. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Ferrazzi Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Ferrazzi Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

If you or any permitted user under your account provides us with feedback, comments, and suggestions with respect to the Website or our good and services (including, without limitation, our Courses, as defined below) (“Feedback”), you hereby agree that we will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback in perpetuity without compensation or attribution to you or any third party. You represent and warrant to Ferrazzi that any Feedback or other information that you provide to us via the Website or any other communication to Ferrazzi (collectively, “User Content”) that (i) the User Content is your original creation (or that you otherwise have the right to provide the User Content to Ferrazzi), (ii) you have the rights necessary to grant the us the right to use the User Content as described in this paragraph, and (iii) the User Content and its use by Ferrazzi and our content partners as permitted hereunder does not and will not infringe or misappropriate the intellectual property or moral rights of any third party. You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the representations and warranties in the immediately preceding sentence.

NO WARRANTIES; LIMITATION OF LIABILITY.

THE WEBSITE, AND ALL CONTENT, PRODUCTS, SERVICES, COURSES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FERRAZZI DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE WEBSITE, ALL CONTENT, AND OUR COURSES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATION, WARRANTY, OR COVENANT THAT INDIVIDUALS ENROLLED IN OUR COURSES ARE GUARANTEED TO, OR EVEN LIKELY TO, ACHIEVE ANY RESULTS, EARNINGS, OR PROFITS WHATSOEVER. ANY STATEMENTS REGARDING RESULTS, EARNINGS, OR PROFITS BY RYAN FERRAZZI, ANYONE ON THE FERRAZZI TEAM, OR ANY THIRD PARTY IN CONNECTION WITH OUR COURSES, ARE PROVIDED AS EXAMPLES ONLY, FOR EDUCATIONAL PURPOSES, AND ARE NOT GUARANTEES, CERTAINTIES, OR ASSUMPTIONS. WE DO NOT REPRESENT THAT OUR COURSES WILL PREPARE YOU FOR ANY ENTERPRISE, VENTURE, OR UNDERTAKING. WE DO NOT REPRESENT OR WARRANT THAT PAST PERFORMANCES ARE INDICATIVE OF FUTURE RESULTS OR AVERAGE RESULTS. YOUR RESULTS AND INCOME MAY VARY SIGNIFICANTLY FROM OTHERS ENROLLED IN THE COURSE. YOU ACKNOWLEDGE AND AGREE THAT REAL ESTATE TRANSACTIONS VARY SIGNIFICANTLY ACROSS JURISDICTIONS, AND, FURTHER, THAT THE INFORMATION PROVIDED IN OUR COURSES IS BASED ON THE NEW YORK CITY MARKET, AND MAY OR MAY NOT BE APPLICABLE IN OTHER JURISDICTIONS. WE DO NOT PROVIDE FINANCIAL, ACCOUNTING, SECURITIES, TAX, OR LEGAL ADVICE. YOUR USE OF OR RELIANCE ON ANY INFORMATION OR MATERIALS PROVIDED IN CONNECTION WITH OUR COURSES IS AT YOUR OWN RISK.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE PRODUCTS, THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE PRODUCTS, THE SERVICES, THE COURSES, OR THE CONTENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO FERRAZZI FOR THE PRODUCTS, SERVICES, OR COURSES GIVING RISE TO THE CLAIM, OR, IF NO AMOUNTS HAVE BEEN PAID, ONE HUNDRED UNITED STATES DOLLARS (US $100).

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

TERMS OF SALE.

Orders; Order Acceptance. You may place orders for our products and services, including our real estate courses (“Courses”) on the Website. The receipt of an order number or an email order confirmation does not constitute our acceptance of an order or a confirmation of an offer to sell. Ferrazzi reserves the right, without prior notification, to limit the order quantity on any product and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products and services on the Website are subject to change without notice. Ferrazzi reserves the right, at its sole discretion, to refuse or cancel any order for any reason. You agree that by placing an order on the Website, you are entering into a binding contract with Ferrazzi and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases. Your total price will include the price of the product and/or service plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product and/or service. We will charge tax only in states where the goods sold over the internet are taxable.
Shipping; Risk of Loss. Ferrazzi uses reliable third-party fulfillment service providers to fulfill orders and ship products. You are responsible for the cost of all shipping. All posted delivery times are approximations and actual delivery times may vary. We are not liable for any damages (including, without limitation, any incidental or consequential damages) arising from failure to deliver or delay in delivering products purchased through the Website. Further, we are not responsible in the event that purchased products are unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason. If shipments are returned to our fulfillment center, we or our third-party service providers will attempt to contact you to arrange for re-delivery, and we reserve the right to impose additional shipping costs at our sole discretion. Notwithstanding the foregoing, Ferrazzi does not guarantee that we will store or reship products to you once they are returned. Title and risk of loss to the products will pass to you upon our delivery of such products to the shipping carrier.

Errors. All descriptions, images, references, features, content, specifications, and prices of products and services described or depicted on the Website are subject to change at any time without notice. From time to time, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product and service descriptions, prices, promotions, offers, and availability. Ferrazzi reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Website is inaccurate at any time without prior notice, even after you have received an order confirmation or shipping notification. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. Ferrazzi reserves the right to revise our product and service offerings and/or discontinue products and services at any time without notice to you. We also reserve the right to limit quantities purchased, and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).

Returns. We do not accept product returns and we do not issue refunds. That said, we want all of our customers to be happy with products purchased through our Website. If you are unhappy with your order, please contact us at [email protected].

COMPLIANCE WITH APPLICABLE LAWS.

The Website is based in the United States. We make no claims concerning whether the Website is accessible, or whether Content may be downloaded, viewed, or be appropriate for use, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

CONTROLLING LAW.

These Terms of Use and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

BINDING ARBITRATION.

In the event of a dispute arising under or relating to these Terms of Use or the Website (each, a “Dispute”), either you or Ferrazzi may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER YOU OR FERRAZZI CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and Ferrazzi, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and Ferrazzi will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 9 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

CLASS ACTION WAIVER.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

EQUITABLE RELIEF.

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

EXTERNAL SITES.

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

CHANGES TO THESE TERMS OF USE.

We may change these Terms of Use from time to time without notice. Any such changes will be posted on the Website. By accessing the Website after we make any such changes to the Terms of Use, you are deemed to have accepted such changes.

GENERAL.

No failure or delay by Ferrazzi in exercising any right or remedy under these Terms of Use will operate, or be deemed to operate, as a waiver of any such right or remedy. If any provision of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended and the remainder of these Terms of Use will remain in full force and effect. These Terms of Use constitute the final and complete agreement between you and Ferrazzi regarding the subject matter hereof, and supersede any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of these Terms of Use.

HOW TO CONTACT US.

If you have questions about these Terms of Use, please contact us via email at [email protected].

Terms

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