Community.  Knowledge.  Excellence.

Technology Education for the Real Estate Industry

Terms and Conditions for use of any and all products and services of the Real Estate Tomato and Tomato University.

These terms and conditions are subject to change without warning, and it is the responsibility of the client to review them regularly as seen on our website: Terms & Conditions

Tomato University and/or Real Estate Tomato reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Tomato University and/or Real Estate Tomato gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

Client should contact Real Estate Tomato should they have any questions or concerns regarding the terms of using the products and services of the Real Estate Tomato.

Real Estate Tomato
1433 Coldren Rd.
Paradise, CA 95969
(530) 872-0892
tu@realestatetomato.com
www.TomatoUniversity.com

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE LIVE TRAINING COURSES. BY ACCESSING THIS SITE WHICH INCLUDES THE LIVE TRAINING COURSES, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.

BY USING TOMATO UNIVERSITY and/or REAL ESTATE TOMATO's SERVICES, PRODUCTS AND PLATFORM YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS TOMATO UNIVERSITY and/or REAL ESTATE TOMATO MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

  1. Satisfaction Guarantee: We, Tomato University and/or Real Estate Tomato (from here on to be referred to as RET), guarantee to deliver a quality product or service as defined herein.

  2. RET products and services are provided on an AS IS, AS AVAILABLE basis. RET gives no warranty, expressed or implied, for the web design, software development, programming, web hosting and/or other services provided. RET HEREBY DISCLAIMS THE WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. This warranty exclusion expressly includes any reimbursement for losses of income due to disruption of services by RET or its providers beyond the fees paid by client to RET for services.

  3. All training course sales are considered Final Sales and are non-refundable except in the following situations:

    • Real Estate Tomato is found to be at fault for the cancelation or suspension of a scheduled class.
    • Tomato University Professor is found to be at fault for the cancelation or suspension of a scheduled class.
    • GoToWebinar is having global technical difficulties preventing everyone from logging into a class.

    We are not responsible for technical difficulties you may experience with GoToWebinar should you have compatibility issues, technology challenges, internet outages or other hiccups that cause you to not attend a class in full.

    Should client miss a class for any reason other than the above, there will be no refund provided. Contact Real Estate Tomato for any proper refunds as defined above.

  4. Use of any information obtained by way of RET is at Clients own risk, and RET specifically denies any responsibility for the accuracy or quality of information obtained through its services. RET uses Kelt Systems and/or MediaTemple for all clients websites hosting. RET makes no guarantees for specific uptime. For more information on their hosting service, visit their website at Kelt.com and/or MediaTemple.com.

  5. RET is not responsible for any damages arising from Clients use of RET services, products, training or by Clients inability to use any RET services for any reason.

  6. If this agreement includes services that have ongoing charges, (hosting or consulting fees), this agreement will automatically renew those services for successive monthly periods unless cancelled by Client, in writing, prior to the renewal date. Clients that have authorized recurring credit card billing will not be invoiced. Web Hosting prices are subject to change. Renewal of services by Client indicates agreement to contract revisions. If service is cancelled during a billing/service period, (monthly or quarterly), fees for the said period will be prorated, and client agrees to pay fees for the time the service was provided.

  7. Credit Card customers agree to allow RET to bill such card on each successive billing date without obtaining the users permission after the initial charge. Credit Card customers must notify RET of any changes in Credit Card Number or expiration date. If the card is not honored for any reason, RET will make one attempt to notify the Client via e-mail. If another method of payment is not established within one week, the account may be converted to billing status. Invoices will be sent to the clients address as documented.

  8. RET shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Clients use of Web Hosting Services. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

  9. All Class Purchases are to be considered Non-Transferrable. Class login information such as phone numbers, access codes, session id's and access links are not to be shared with any party other than the purchaser. This includes publishing the data, or otherwise passing it to friends, colleagues or other. Violation of this term is deemed a gross violation of our prodcuts and services contract and instantly puts the violator at risk of legal action seeking no less than the full potential value of the class to which the information was transferred. A $20/person class that has a maximum attendance of 50 is equal to $1000.

  10. The duplication of any RET provided design and/or content onto another platform, not originating from RET is strictly prohibited and cause for legal action to collect on any damages.

  11. Prohibited Conduct.

    User expressly agrees to refrain from doing, either personally or through an agent, any of the following Prohibited Conduct:

    • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects RETs computers, servers or databases.
    • Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
    • Permit or provide others Access to the online live classes and/or members only locations using Your user name and password or otherwise, or the name and password of another authorized User.
    • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
    • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
    • Transfer the Site content to another person; frame, mirror, in-line link, or employ similar navigational technology to the Site content; or deep link to the Site content.
    • Violate or attempt to violate RETs security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
    • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
    • Use any device (such as a web crawler or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or RET.
    • Use the Site to violate a third partys intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third partys intellectual property rights.
    • Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by RET.
    • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
    • Advertise or otherwise solicit funds, goods or services on the Site.
    • Provide any commercial hosting service with Access to the Site and/or the content on the Site.

    To ensure that Users of the Site do not engage in Prohibited Conduct, RET reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the online CRM to any person or entity whose use of the online CRM suggests Prohibited Conduct. Access of the materials available at the online CRM beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the online CRM and will result in revocation or denial of Access to the online CRM. The terms normal patterns and abuse shall be determined solely by RET.

    You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

  12. Client expressly agrees that use of RETs services is at Clients sole risk. RET, its employees, independent contractors, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that RET Web Hosting Service through Kelt Systems and/or MediaTemple will not be error free or uninterrupted; nor do they make any warranty as to the results that may be obtained from the use of the Web Hosting service of Kelt Systems and/or MediaTemple or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the RET Web Hosting service of Kelt Systems and/or MediaTemple, unless otherwise expressly stated in this agreement.

  13. Under no circumstances, including negligence, shall RET, its officers, agents or anyone else involved in creating, producing or distributing RET services and products be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use RET services and products; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to RET records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to any and all of RET products or services.

  14. Indemnification.

    User agrees to defend, indemnify and otherwise hold harmless RET and its officers, directors, contractors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from Users Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

  15. Notwithstanding the above, Clients exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, including any recovery of reasonable attorneys fees and courts costs, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.

  16. Termination of Agreement.

    In addition to RET's other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. RET may also terminate Access to the live training courses and any members only areas without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that RET deems inappropriate.

    In the event of termination of this Agreement, the provisions in this Section and the provisions found throughout this agreement shall survive in perpetuity. Each member's obligation to pay outstanding subscription fees shall survive any termination of this Agreement.

  17. Clients are responsible for the creation, placement and publishing of all content on their websites and profile pages. RET is not responsible for the layout or display of the content on the pages and posts that are created by clients. On the management of pages, posts, footers, headers and sidebars, clients are responsible for the development and management of lead forms, the embed of slideshows, videos, podcasts, interactive maps, and other similar third-party widgets, features and functionalities. With availbility, RET can be contracted to preform these tasks for clients at a rate of $75/hr.

  18. Entire Understanding: The agreement contained in this Contract constitutes the sole agreement between RET and Client regarding its web design, software development, programming, training, web hosting and/or other services. This agreement shall be governed and construed in accordance with the laws of the State of California.

Effective Date, 4/8/2010 - Real Estate Tomato