Terms & Conditions 3 Days Workshop

Effective Date: September 27, 2024

BY PURCHASING A TICKET  OR  ATTENDING TO THE REALSUCCESS ‘  3-DAY REAL ESTATE INVESTMENT WORKSHOP, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.

OVERVIEW

The terms “we,” “us,”, “site”, “workshop”, and “our” refer to REALSUCCESS LLC. The terms “user,” “you,”, “member”, and “your” refer to site visitors, students, customers, members and any other users of our site and events.

PROPRIETARY INFORMATION

“Proprietary Information” shall mean information that

(i) is not known by actual or potential competitors of the RealSuccess or is not generally available to the public,

(ii) has been created, discovered, developed, or otherwise become known to the RealSuccess or in which property rights have been assigned or otherwise conveyed to the RealSuccess, and

(iii) has material economic value or potential material economic value to the RealSuccess’s present or future business. “Proprietary Information” shall further include, without limitation, trade secrets (as defined under California Civil Code §3426.1, including any successor statute) and all other discoveries, developments, improvements, inventions, formulas, educational materials, e-books, software programs, work product, processes, techniques, know-how, negative know-how, data, research, techniques, technical data, vendor lists, materials, and other information on the Site or accessible on the Site, or any information whatsoever pertaining to the Program (as defined below), and any modifications or enhancements of any of the foregoing, either directly or indirectly, in writing, orally, or by drawings or observation, that has actual or potential economic value to the RealSuccess, all of which shall be deemed confidential and proprietary. Notwithstanding any other provision of this Agreement, each party acknowledges that Proprietary Information does not include any information that the Member can demonstrate

(iv) was publicly available at the time of disclosure, or later became publicly available through no act or omission of the Member;

(v) was already in the Member’s possession at the time of disclosure; or

(vi) was rightfully received by the Member from a third party without any obligation of confidentiality.

USE OF THE SITE AND SERVICE

To access or attend this event , you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from attending.

CONFIDENTIALITY

You shall use the Proprietary Information only for your personal use, and shall make no use of the Proprietary Information, in whole or in part, for any other purpose, commercial or otherwise. You shall refrain from disclosing the Proprietary Information to any third parties (including, without limitation, agents, representatives, employees, partners, or otherwise), unless the RealSuccess has given its express prior written consent.

INDEMNIFICATION & DISCLAIMERS

You shall indemnify, defend, and hold harmless RealSuccess (including, without limitation, any and all of RealSuccess’s subsidiaries and affiliates and their respective trustees, Attendees, officers, directors, beneficiaries, employees, partners, associates, affiliates, joint ventures, agents, and representatives) from and against any and all losses, claims, and expenses (including reasonable attorney’s fees and costs) directly or indirectly arising out of or relating to any breach of this Agreement by you.

LIMITED LIABILITY

REALSUCCESS’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REALSUCCESS LLC (OR ITS EMPLOYEES, REPRESENTATIVES, AGENTS, TRUSTEES, BENEFICIARIES, SUCCESSORS, ASSIGNS, OR OTHERWISE) BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO MEMBER BY REALSUCCESS LLC THROUGH THE PROGRAM. This limited liability disclaimer specifically applies to the Earnings Disclaimer below. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. By initially below, Member acknowledges and agrees to the terms of this paragraph.

EARNINGS DISCLAIMER

Earnings and income statements made by RealSuccess and its affiliates and sponsors are only estimates of possible earnings. There is no guarantee that Member will make these levels of income and Member accepts the risk that the earnings and income statements depend on the real estate market and each person’s experience, time commitment, and other factors that may be out of Member’s control. Materials and content provided in the Program may contain information that includes or is based on forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements are expectations or forecasts of future events. Member can identify these statements by the fact that they do not relate strictly to historical or current facts. Such forward-looking statements use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other such words and terms of similar meaning in connection with a description of potential earnings or financial performance. The use of RealSuccess’s information, content, materials, and other resources through the Program should be based on Member’s own investigation and due diligence. REALSUCCESS LLC DOES NOT GUARANTEE THAT, WITHOUT LIMITATION, MEMBER’S PARTICIPATION IN THE PROGRAM, OR MATERIALS AND RESOURCES PROVIDED THROUGH THE PROGRAM, WILL RESULT IN PROFITABLE REAL ESTATE INVESTMENT OR ACHIEVE ANY RESULTS WHATSOEVER. ANY STATEMENTS, MATERIALS, CONTENT, OR OTHER INFORMATION PROVIDED THROUGH THE PROGRAM IS ONLY REALSUCCESS LLC’s OPINION OF POTENTIAL EARNINGS, NOT ACTUAL EXPECTED EARNINGS. MEMBER ACKNOWLEDGES THAT REAL ESTATE INVESTMENT IS RISKY AND PROFITS AND EARNINGS ARE NOT GUARANTEED.

PROFESSIONAL DISCLAIMER

RealSuccess, and its employees, representatives, agents, and owners will provide materials, articles, resources, and content for the Program, and other legal and financial recommendations. This information provided for informational purposes only and is not intended to be and should not be considered legal or financial investment advice. Member should consult with a licensed attorney and/or financial advisor to obtain advice from a licensed professional. NEITHER REALSUCCESS, NOR ANY OF REALSUCCESS’ EMPLOYEES, AGENTS, OR REPRESENTATIVES ARE LEGAL OR FINANCIAL PROFESSIONALS AND DO NOT POSSESS THE CERTIFICATIONS AND LICENSES NECESSARY TO PROVIDE SERVICES OR ADVICE THAT REQUIRES A CERTIFICATION OR LICENSE. NO CONTENT PROVIDED THROUGH THE PROGRAM SHALL BE CONSIDERED OR INTERPRETED AS LEGAL OR FINANCIAL ADVICE. NO PROFESSIONAL RELATIONSHIP IS INTENDED TO BE, NOR ACTUALLY CREATED BY PARTICIPATING IN THE PROGRAM

REFUSAL OF SERVICE

We reserve the right to refuse service and/or event entry to any person or entity, at any time, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We reserve the right , at any time change reschedule the event time and/or location.We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.

ORDER CONFIRMATION

In the event that you are not prepared to invest in your real estate education at this time, it’s important to be aware of our returns and cancellation policy, which is as follows:

  1. You may request a refund within 14 (fourteen) days of purchase, starting on the day after the purchase and ending at 5:00 PM PST on the 14th day. Requests for cancellation must be submitted before the end of the 14-day period.
  2.  To request a refund, please send an email to [email protected] with “Request for Refund” in the subject line. Be sure to attach a scanned copy of the front of this agreement to your email, and include a brief statement explaining your reason(s) for canceling.
  3.  Please note that attaching the front page of the agreement will expedite the return process. If you are unable to attach it, please provide the following additional information in your email: your full name, phone number, email address, and the date and location of the event you attended.
  4.  After receiving your submission, our customer service team will review your request and provide you with further instructions on how to complete the return process. 

Please be advised that our event locations and dates are subject to change. Additionally, if you are unable to attend an event, it does not warrant a refund, nor does it release you from your agreement. Once the cancellation deadline has passed, all deposits, advance payments, finance forms, and tickets are non- refundable. However, we will hold them as in-house credit for up to one year. This credit may be applied toward any future Insiders  event or the purchase of any of our products.

INSUFFICIENT FUNDS/PAYMENT REJECTIONS

If Member’s payment of the Program Fee is made with a debit or credit card and the payment is rejected or canceled after the initial payment is made, Member authorizes RealSuccess to charge the debit or credit card at a later date to process and pay the Program Fee without consent from Member (whether written, oral, or otherwise). If Member pays with a check, Member shall pay RealSuccess for all charges incurred by RealSuccess due to insufficient funds in Member’s bank account, and Member shall pay RealSuccess for all fees incurred due to rejected card payments for a minimum of $50 NSF (non-sufficient funds or charge back fee) for every transaction. Membership privileges will be suspended if payments are missed.

PRODUCT DESCRIPTION

We endeavor to describe and display the event as accurately as possible. While we try to be as clear as possible in explaining the event, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

BUSINESS-TO-CONSUMER RELATIONSHIP

Member is a consumer purchasing a product/service from RealSuccess, and is not an independent contractor, employee, partner, or co-venturer of, or in any other similar relationship with RealSuccess.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to the REALSUCCESS ELITE STUDENT PROGRAM. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to the REALSUCCESS ELITE STUDENT PROGRAM remains yours to the extent that you have any legal claims therein. You agree to hold the REALSUCCESS ELITE STUDENT PROGRAM harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

By signing this document, you grant permission for audio and video recordings to be made during live in person meetings, calls, or webinars provided as part of the Service for compliance and quality control purposes. Additionally, you consent to the use of your name, words, voice, and likeness by the REALSUCCESS ELITE STUDENT PROGRAM for promotional, business development, and marketing purposes, without compensation. You acknowledge and agree that these recordings may be used, distributed, or referenced in print, audio, or visual materials.

OUR INTELLECTUAL PROPERTY

The Workshop and Service contain intellectual property owned by the REALSUCCESS LLC, including trademarks, copyrights, proprietary information, and other intellectual property. The REALSUCCESS ELITE STUDENT PROGRAM’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including the REALSUCCESS ELITE STUDENT PROGRAM’s copyrighted materials shall remain the sole property of the REALSUCCESS ELITE STUDENT PROGRAM. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

USE OF LIKENESS

You give RealSuccess permission to use your Likeness for promotional advertising that they see fit. In addition you give consent for RealSuccess to take photos and videos including audio of you during participation in an event, workshop class online or in person. Photos, and videos can be used in the sole discretion of RealSuccess LLC.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, the REALSUCCESS WORKSHOP that you are attending or, THE ELITE STUDENT PROGRAM IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF the REALSUCCESS ELITE STUDENT PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE DO DIGITAL LTD’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM the REALSUCCESS ELITE STUDENT PROGRAM, AND IF NO PURCHASE HAS BEEN MADE BY YOU the REALSUCCESS ELITE STUDENT PROGRAM’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraph of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

INDEMNIFICATION & DISCLAIMERS

Indemnification. Member (and Team Member) shall indemnify, defend, and hold harmless RealSuccess (including, without limitation, any and all of RealSuccess’s subsidiaries and affiliates and their respective trustees, Attendees, officers, directors, beneficiaries, employees, partners, associates, affiliates, joint ventures, agents, and representatives) from and against any and all losses, claims, and expenses (including reasonable attorney’s fees and costs) directly or indirectly arising out of or relating to any breach of this Agreement by Member (and/or Team Member).

Limited Liability. REALSUCCESS’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REALSUCCESS (OR ITS EMPLOYEES, REPRESENTATIVES, AGENTS, TRUSTEES, BENEFICIARIES, SUCCESSORS, ASSIGNS, OR OTHERWISE) BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, SERVICES AND EDUCATION OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO MEMBER BY REALSUCCESS THROUGH THE PROGRAM. This limited liability disclaimer specifically applies to the Earnings Disclaimer below. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. By signing below, Member acknowledges and agrees to the terms of this paragraph.

Earnings Disclaimer. Earnings and income statements made by RealSuccess and its affiliates and sponsors are only estimates of possible earnings. REALSUCCESS LLC DOES NOT GUARANTEE THAT, WITHOUT LIMITATION, MEMBER’S PARTICIPATION IN THE PROGRAM, SERVICES AND EDUCATION, OR MATERIALS AND RESOURCES PROVIDED THROUGH THE PROGRAM, WILL RESULT IN ANY PROFITABLE REAL ESTATE INVESTMENT OR ACHIEVE ANY RESULTS WHATSOEVER. ANY STATEMENTS, MATERIALS, CONTENT, OR OTHER INFORMATION PROVIDED THROUGH THE PROGRAM IS ONLY REALSUCCESS’ OPINION OF POTENTIAL EARNINGS, NOT ACTUAL EXPECTED EARNINGS. MEMBER ACKNOWLEDGES THAT REAL ESTATE INVESTMENT IS RISKY AND PROFITS AND EARNINGS ARE NOT GUARANTEED. By initially below, Member acknowledges and agrees to the terms of this paragraph.

Professional Advice Disclaimer. RealSuccess, and its employees, representatives, agents, and owners will provide materials, articles, resources, and content for the Program, and other legal and financial information. This information is provided for informational purposes only and is not intended to be and should not be considered legal or financial investment advice. Member should consult with a licensed attorney and/or financial advisor to obtain advice from a licensed professional. NEITHER REALSUCCESS, NOR ANY OF REALSUCCESS’ EMPLOYEES, AGENTS, OR REPRESENTATIVES ARE LEGAL OR FINANCIAL PROFESSIONALS AND DO NOT POSSESS THE CERTIFICATIONS AND LICENSES NECESSARY TO PROVIDE SERVICES OR ADVICE THAT REQUIRES A CERTIFICATION OR LICENSE. NO CONTENT PROVIDED THROUGH THE PROGRAM SHALL BE CONSIDERED OR INTERPRETED AS LEGAL OR FINANCIAL ADVICE. NO PROFESSIONAL  RELATIONSHIP IS INTENDED TO BE, NOR ACTUALLY CREATED BY PARTICIPATING IN THE PROGRAM.

REAL ESTATE TRANSACTION WAIVER, FULL RELEASE, ASSUMPTION OF THE RISK AND INDEMNITY.

Member (and/or Team Member) hereby acknowledge that RealSuccess’ services are limited to offering direct-to-consumer real estate training, education, tools and resources only. If the Member (and/or Team Member) desire to enter into any type of real estate transaction whatsoever with any party (“Real Estate Transaction”), whether as an active or passive investor, rehabber, wholesaler, borrower, lender, general or limited partner, or in any other role or capacity whatsoever, they acknowledge and agree that such activity is independent and separate from the RealSuccess’ Services and Education and the Member (and/or Team Member) enter into such Real Estate Transaction at their own risk and assume full responsibility and liability for the outcome. RealSuccess does not oversee, monitor, or endorse the Member’s (and/orTeam Member’s) participation in any Real Estate Transaction, regardless of whether it involves other RealSuccess students, RealSuccess employees or team members, or independent third parties, and RealSuccess makes no representations, warranties, or guarantees whatsoever that any Real Estate Transaction will be successful.

If the Member (and/or Team Member) decide to enter into any Real Estate Transaction, Real Success advises them to consult with the appropriate licensed experts and engage in extensive due diligence beforehand, and only work with licensed, insured, and trained real estate brokers, agents, and professionals. Member (and Team Member) hereby acknowledge that any consultation or due diligence they undertake, however extensive, may not reveal all material facts, defects, or risks, and may cause them to enter into the Real Estate Transaction without fully understanding the risks and uncertainties.

 Every Real Estate Transaction has known and unknown risks. Some risks are substantial and may cause Member (and/or Team Member) to lose some or all of their money. The risks include, without limitation, non-performing or fraudulent or deceptive parties participating in the transaction, unknown or undiscovered property defects, non-performing business partners or contractors, declines in real estate values and/or occupancy rates, cost overruns with construction materials and labor estimates, fluctuations in the supply and demand of available real estate, changes in interest rates and the ability to secure financing, changes in real estate tax rates and other operating expenses, changes in government rules and regulations and environmental policies, unfavorable lawsuit and legal liability rulings and trends, the unavailability or increased cost of insurance, social unrest or civil disturbances, bankruptcy filings parties participating in the transaction, liabilities relating to environmental matters at the property, and the concentration of financial resources in a single asset class or specific geography.

Without limiting the generality of the Agreement, Member (and Team Member) irrevocably and unconditionally agree to indemnify and defend, covenant not to sue, and fully release, acquit, and forever discharge RealSuccess, its parent, affiliated and subsidiaries entities, and all of their respective past and current officers, directors, members, partners, investors, shareholders, employees, insurers, attorneys, successors and assigns (the “RealSuccess Released Parties”) from any and all claims, losses, demands, grievances, obligations, debts, costs, expenses, liabilities, actions, and causes of action of any kind or nature whatsoever (whether known or unknown, disclosed or undisclosed, asserted or unasserted) in law and equity, contract or tort, or otherwise, which arise out of or relate to the Member’s (and/or Team Member’s) participation in any Real Estate Transaction.

Member (and Team Member) hereby agrees that all rights Member (and Team Member) may have againstRealSuccess under section 1542 of the California Civil Code are hereby waived. Section 1542 provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Member (and Team Member) intend this release and discharge to be all encompassing and to act as a full and total release for all past, present, and future Real Estate Transaction(s) to the furthest extent permitted by law.

RESOLUTION OF DISPUTES/ARBITRATION/VENUE/CLASS ACTION WAIVER

Waiver of Lawsuit/Liability– Member hereby forever release and waive my right to bring suit against RealSuccess and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives. Member understands that this waiver means the Member give up his or her right to bring any claims including, monetary claims, investments, or property losses, or any other loss, including but not limited to claims of negligence and give up any claim the member may have to seek damages, whether known or unknown, foreseen or unforeseen.

THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY, INCLUDING, WITHOUT LIMITATION, THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, AND ANY OTHER DISPUTE, CLAIM OR CONTROVERSY BETWEEN THE PARTIES HERETO, WHETHER PAST, PRESENT, OR FUTURE, SHALL BE DETERMINED FULLY, FINALLY AND EXCLUSIVELY BY NEUTRAL, BINDING AND CONFIDENTIAL ARBITRATION PURSUANT TO THE SUBSTANTIVE AND PROCEDURAL PROVISIONS OF THE FEDERAL ARBITRATION ACT 9 U.S.C. §§ 1 et seq. (“FAA”). The arbitration shall be administered by a single arbitrator in accordance with the Judicial Arbitration Mediation Services’ (“JAMS”) Streamlined Arbitration Rules & Procedures (“JAMS Rules”) and administered in accordance with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses – Minimum Standards of Procedural Fairness, which are incorporated herein by reference as though fully set forth. The arbitration shall be conducted by a former or retired judge or active attorney with at least ten (10) years of experience in commercial disputes. The arbitrator shall have the power to hear motions, control discovery, conduct hearings, and otherwise do all that is necessary to resolve the matter to the extent of applicable law. The arbitrator shall follow the substantive laws of the State of California in adjudicating any such dispute, to the extent such laws are not inconsistent with the FAA. The arbitrator shall issue a written statement setting forth the award and the legal basis of the arbitrator’s decision, which shall be final and binding upon the parties. The arbitrator shall have the power to award any type of relief that would be available in a court of competent jurisdiction. Judgment on any award may be entered in any court having competent jurisdiction in Los Angeles County, California, and the parties hereby submit to the jurisdiction of such court for this purpose. Further, the parties agree that any arbitration or court action shall be brought and heard exclusively in Los Angeles County, California.

Mandatory Arbitration. The following provisions shall apply to any Dispute (as defined below):

Disputes and Deadlines. In the event of any disputes, controversies or claims (each a “Dispute”) arising out of, relating to or in connection with these this Agreement, including, without limitation, any dispute regarding its arbitrability, validity or termination, or the performance or breach thereof, the parties hereto shall use their best efforts to settle the Dispute. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach a solution within a period of 60 days, then upon notice by either party to the other, all Disputes shall be exclusively and finally settled by arbitration administered by the American Arbitration Association (“AAA”) (b) Applicability and Procedure. The arbitrator will apply the substantive law (and the law of remedies, if applicable) of the State of California without reference to its internal conflicts of laws principles and will be without power to apply any different substantive law. The arbitrator will render an award and a written opinion in support thereof. Such award shall not include the costs related to the arbitration and or attorneys’ fees and expenses regardless of which party prevails, and each party shall pay their respective costs, expenses, and attorney’s fees related to the arbitration. The arbitrator also has the authority to grant provisional remedies, including, without limitation, injunctive relief, and to award specific performance. The parties waive, to the fullest extent permitted by law, any rights to appeal, or to review of, any arbitrator’s award by any court. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction, including, without limitation, the state and federal courts of Los Angeles County, California. EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES SUCH PARTY’S RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION TO ENFORCE AN ARBITRATOR’S DECISION OR AWARD PURSUANT TO THIS PARAGRAPH OF THIS AGREEMENT.(c) Confidentiality. The parties agree to maintain confidentiality as to all aspects of the arbitration, except as may be required by applicable law.

Confidentiality.  All parties shall maintain the confidential nature of any arbitration proceeding and shall not, without the prior written consent of the other party, disclose to any other person or entity the fact, existence, substance, contents, or results of the arbitration, any arbitration hearing, the award of the arbitrator, or any other proceeding in connection with the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law or judicial decision.

Nothing in this Article shall be construed to prevent either party from obtaining available provisional injunctive remedies from an appropriate court before arbitration is filed, upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief. The request for a provisional remedy does not remove the dispute from final resolution by the arbitrator and does not waive the requesting party’s right to arbitrate or compel arbitration of claims arising out of or related to this Agreement (or any other agreement to which this Agreement relates).

CLASS ACTION WAIVER. Furthermore, the parties expressly agree that all legal claims shall be brought on an individual basis only and the Member, Team Member and RealSuccess waive, to the fullest extent permitted by law, the right to bring or participate in class actions (the “CLASS ACTION WAIVER”). Notwithstanding any provision of this Agreement or the JAMS Rules to the contrary, disputes regarding the validity, enforceability or breach of the CLASS ACTION WAIVER may be resolved only by a court of competent jurisdiction and not by an arbitrator. If any portion of the CLASS ACTION WAIVER is found to be unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the CLASS ACTION WAIVER that is enforceable shall be enforced in arbitration. Each party shall be responsible for its own attorneys’ fees and costs. This Article is governed by, and enforceable under the FAA, and the provisions of this section shall survive the expiration or termination of this Agreement.

GENERAL PROVISIONS

Notices.  Any communication, notice or demand of any kind (a “Notice”) that either party may be required to give to or serve upon the other shall be in writing and delivered by personal service (including express or courier service), by electronic communication (including email or facsimile), or by registered or certified mail, postage prepaid, return receipt requested, addressed to the party at the addresses shown below. Either party may change its address for Notice by giving notice to the other in the manner provided in this paragraph. Any Notice shall be deemed to have been duly given or served on the date personally served (if by personal service), on the date of confirmed dispatch (if by electronic communication) or three days after being placed in the United States mail (if mailed).

Further Assurances. From time to time, each party shall execute and deliver such instruments as may be reasonably necessary to carry out the purposes and intent of this Agreement.

Survival. Termination or expiration of this Agreement for any reason shall not release either party from any liabilities or obligations set forth in this Agreement that (a) the parties have expressly agreed shall survive any such termination or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. The provisions of this paragraph shall survive the expiration or earlier termination of this Agreement. Specifically, the confidentiality terms of this Agreement shall survive the termination or expiration of the Agreement for three (3) years, except that confidentiality of trade secrets shall survive the Term indefinitely, or to the greatest extent permitted by law, whichever is greater.

Governing Law; Venue; Jurisdiction. This Agreement shall be governed by California law (United States), without reference to rules regarding conflicts of law. Any dispute arising out of this Agreement shall be submitted to a state or federal court sitting in Los Angeles County, California, which shall have the exclusive jurisdiction regarding the dispute and to whose jurisdiction the parties irrevocably submit.

Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original and all of which together shall constitute one instrument.

Severability. If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be found to be invalid, void, or unenforceable, the remaining provisions of this Agreement and any application thereof shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way.

Waiver. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision, or condition or as a waiver of any other term, provision, or condition of this Agreement.

No Assignment. Member shall not assign or subcontract any right in or obligation arising under this Agreement without RealSuccess’s express prior written consent (whether written, oral, or otherwise). RealSuccess may assign any right in or obligation arising under this Agreement without Member’s consent and without notice to Member. Any assignment in violation of this paragraph shall be void.

Binding on Successors. This Agreement shall be binding on and inure to the benefit of each party’s heirs, executors, legal representatives, successors, and permitted assigns.

Headings. Headings used in this Agreement are for reference purposes only and neither limit nor amplify the terms and conditions of this Agreement.

Attorney Fees. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, each party shall bear its own respective costs and expenses to resolve the dispute and to enforce the final judgment.

Entire Agreement. This Agreement, as well as the Terms & Conditions and Privacy Policy on the Site, contain the entire agreement and understanding of the parties with respect to the subject matter of this Agreement, and merges and supersedes all prior agreements, discussions, and writings with respect to that subject matter. No modification or alteration of this Agreement shall be effective unless made in writing and signed by both parties; provided, however, notwithstanding any other term or provision of this Agreement to the contrary, any change of the Terms & Conditions or Privacy Policy on the Site shall be incorporated into this Agreement. If there is any conflict between this Agreement and Terms & Conditions or Privacy Policy, the provisions of the Terms & Conditions (as amended from time to time by RealSuccess in its sole and absolute discretion without notice or consent from Member) shall supersede and govern.

NOTICES

This Agreement shall be governed by California law (United States), without reference to rules regarding conflicts of law. Any dispute arising out of this Agreement shall be submitted to a state or federal court sitting in Los Angeles County, California, which shall have the exclusive jurisdiction regarding the dispute and to whose jurisdiction the parties irrevocably submit.

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

RealSuccess LLC, 

Attention Legal Department, 

12348 Ventura Blvd, Suite #346, Studio City, Ca 91604

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

BY INITIALING BELOW, THE PARTIES HEREBY ACKNOWLEDGE AND AGREE TO WAIVE ALL RIGHTS TO A JURY OR COURT TRIAL, AND THAT ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION BETWEEN THE PARTIES PURSUANT TO THIS PARAGRAPH.

THE MEMBER AGREES TO THE TERMS OF THIS AGREEMENT effective as of the Effective Date.