TERMS & CONDITIONS.

Effective Date: June 1, 2020.

1. BINDING EFFECT

This is a binding agreement. By using the Internet site located at www.ourrealsuccess.com (the “Site”) or any services provided in connection with the Site, such as registrations for a seminar or class, and articles and content regarding real estate investment and similar topics (the “Service”), you agree to abide by these Terms & Conditions, as they may be amended by the current serving trustee of the Real Success Trust, an irrevocable investment trust (“Real Success”) from time to time in its sole discretion. Real Success will post a notice on the Site any time these Terms & Conditions have been changed or otherwise updated. It is your responsibility to review these Terms & Conditions periodically, and if at any time you find these Terms & Conditions unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY ACCESSING THE SITE OR USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY

Real Success respects your privacy and permits you to control the treatment of your personal information. A complete statement of Real Success’s current privacy policy can be found on the bottom of the Site under the Privacy Policy link. Real Success’s privacy policy is expressly incorporated into these Terms & Conditions by this reference.

3. USER CONTENT

You grant Real Success a license to use any testimonials or other contact you communicate to Real Success via email, telephone, or otherwise. By providing information or other content (“User Content”) to Real Success, you are granting Real Success, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Real Success, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Real Success may publish or otherwise disclose your name in connection with your User Content.

4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is always governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by you. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

5. COPYRIGHT INFRINGEMENT

Real Success has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Real Success has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Real Success or of a third party, or otherwise violated any intellectual property laws or regulations. Real Success’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Real Success to delete, edit, or disable the material in question, you must provide Real Success with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Real Success to locate the material; (d) information reasonably sufficient to permit Real Success to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Real Success’s designated agent at:

Real Success Trust
Attn: Trustee
4061 Laurel Canyon Blvd.
Studio City, CA 91604
[email protected]

6. ALLEGED VIOLATIONS

Real Success reserves the right to terminate your use of the Service and/or the Site, and/or deny your attendance of a seminar or class. To ensure that Real Success provides a high-quality experience for you and for other users of the Site and the Service, you agree that Real Success or its representatives may investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Real Success does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Real Success reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if Real Success believes that you have violated any of the Terms & Conditions, furnished Real Success with false or misleading information, or interfered with use of the Site or the Service by others.

7. NO WARRANTIES

REAL SUCCESS HEREBY DISCLAIMS ALL WARRANTIES. REAL SUCCESS IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REAL SUCCESS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. REAL SUCCESS DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

8. REFUNDS

All Program Fees, are not refundable under any circumstances, and all sales of programs, courses, classes or coaching are final.

9. LIMITED LIABILITY

REAL SUCCESS’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REAL SUCCESS 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 YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY REAL SUCCESS. 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.

10. TESTIMONIALS.

The testimonials and examples provided on the Site are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results.

11. PROFESSIONAL DISCLAIMER

Real Success, and its employees, representatives, agents, and owners may provide articles and content on the Site, as well as legal and financial recommendations on the Site or in classes and webinars. This information provided for informational purposes only and is not intended to be and should not be considered legal or financial investment advice. You should consult with a licensed attorney and/or financial advisor to obtain advice from a licensed professional. NEITHER REAL SUCCESS, NOR ANY OF REAL SUCCESS’S 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 ON THE SITE OR USE OF THE SERVICE, NOR ANY CONTENT IN A SEMINAR OR CLASS, SHALL BE CONSIDERED, SHALL BE INTERPRETED AS LEGAL OR FINANCIAL ADVICE. NO PROFESSIONAL RELATIONSHIP IS INTENDED TO BE, NOR ACTUALLY CREATED BY REGISTERING FOR A CLASS OR SEMINAR, ACCESSING THE SITE OR SERVICE, OR OTHERWISE.

12. AFFILIATED SITES

Real Success has no control over, and no liability for any third-party websites or materials. Real Success works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Real Success nor the Site has control over the content and performance of these partner and affiliate sites, Real Success makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Real Success assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Real Success makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms & Conditions shall govern your use of any and all third party content.

13. PROHIBITED USES

Real Success imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Real Success in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

14. INDEMNITY

You agree to indemnify Real Success for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Real Success, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms & Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Real Success will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage,

15. MANDATORY ARBITRATION

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 Terms & Conditions, 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”) Any party may initiate arbitration by notice to the other party (a “Request for Arbitration”). The arbitration shall be conducted in accordance with the AAA rules governing commercial arbitration in effect at the time of the arbitration, except as they may be modified by the provisions of these Terms & Conditions. The place of the arbitration shall be Los Angeles County, California. The arbitration shall be conducted by a single arbitrator appointed by you and Real Success within fifteen (15) days after delivery of the Request for Arbitration. In the event you and Real Success fail to appoint a person to serve as arbitrator within fifteen (15) days after delivery of the Request for Arbitration, the AAA shall appoint an appropriate arbitrator within five (5) days after the expiration of such fifteen (15) day period. Any individual will be qualified to serve as an arbitrator if he or she shall be an individual who has no material business relationship, directly or indirectly, with any of the parties to the action and who has at least ten (10) years of experience in real estate investing. The arbitration shall commence within thirty (30) days after the appointment of the arbitrator; the arbitration shall be completed within sixty (60) days of commencement, and the arbitrator’s award shall be made within thirty (30) days following such completion. The parties may agree to extend the time limits specified in the foregoing sentence.
APPLICABLE LAW 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. Notwithstanding the foregoing, any party to these Terms & Conditions may seek injunctive relief, specific performance, or other equitable remedies from a court of competent jurisdiction without first pursuing resolution of the dispute as provided above. Each party to these Terms & Conditions irrevocably submits to the non-exclusive jurisdiction and venue in the courts of the State of California and of the United States sitting in Los Angeles County in connection with any such equitable proceeding, and waives any objection based on forum non conveniens. EACH PARTY TO THESE TERMS & CONDITIONS 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 SECTION OF THESE TERMS & CONDITIONS.
CONFIDENTIALITY. The parties agree to maintain confidentiality as to all aspects of the arbitration, except as may be required by applicable law, regulations or court order, or to maintain or satisfy any suitability requirements for any license by any state, federal or other regulatory authority or body, including professional societies and organizations; provided, that nothing herein shall prevent a party from disclosing information regarding the arbitration for purposes of enforcing the award. The parties further agree to obtain the arbitrator’s agreement to preserve the confidentiality of the arbitration.

16. COPYRIGHT

17. GOVERNING LAW

These Terms & Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, in all disputes arising out of or related to the use of the Site or Service.

18. SEVERABILITY

WAIVER. If, for whatever reason, a court of competent jurisdiction or arbitrator finds any term or condition in these Terms & Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms & Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

19. NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, copyrights, or logos owned by Real Success or by any third party.

20. CALIFORNIA USE ONLY

The Site is controlled and operated by Real Success from its offices in the State of California. Real Success makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Real Success’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

21. MODIFICATIONS

Real Success may, in its sole discretion and without prior notice, (a) revise these Terms & Conditions; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Real Success shall post any revision to these Terms & Conditions to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms & Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

22. ACKNOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS AND AGREE TO BE BOUND BY THEM.