Terms of use - Franchise

Terms of Use for RE/MAX University

Last Modified: March 22, 2024

Welcome to the RE/MAX University platform (“Platform”). The Platform is an extranet website and branded mobile app comprised of a cloud-based learning management system that contains courses for the Members of the RE/MAX network to learn about their industry and how to use the tools available to them. RE/MAX University also allows our franchisee brokerages to upload their own content to be used for the benefit and education of their sales associates.

Please read these “Terms of Use,” which include and incorporate by reference MAX/Center®’s Terms of Use, and Privacy Notice, fully and completely before using the Platform. The Platform is offered to You (“You” or “Your”) by RE/MAX, LLC (“RE/MAX” or “We” or “us”) subject to Your acceptance without modification of all of the Terms of Use.

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and RE/MAX and govern Your access to and use of the Platform, including any content, information, features, and functionality available on or through the Platform.

Please read the Terms of Use carefully before You use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is provided to You, You accept and agree to be bound and abide by these Terms of Use. If You do not want to agree to these Terms of Use, You must not access or use the Platform.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that You accept and agree to the changes.

Registration

To access the Platform and the linked resources, you must be a Member (as defined below) and complete the Platform on-line registration process (“Account”). You are solely responsible for the activity that occurs on Your Account, and for keeping Your Account password secure. You may never use another person’s user account or registration information for the Platform without permission. You must notify us immediately of any change in Your eligibility to use the Platform (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of Your Account. You should never publish, distribute, or post login information for Your Account.

You shall have the ability to delete Your Account, either directly or through a request made to RE/MAX. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Platform Use and Purpose

The Platform is a resource. It is not a manual, handbook, or guideline of RE/MAX, LLC or RE/MAX affiliates, and should never be held out as such. Use of the Platform is purely voluntary. RE/MAX does not require participation, posting, or viewing of this Platform by anyone in the RE/MAX network, either as a condition of the Franchise Agreement or otherwise.

The content, practices, tips, views and opinions expressed in any User Generated Content (defined below) are strictly those of the independently owned and operated office or individual broker/owner who posted that content. The representations, views, and opinions expressed or implied in any document or image included in, or linked to or from the Platform, do not necessarily state or reflect those of RE/MAX.

RE/MAX does not monitor, filter, or endorse any peer-to-peer content posted by broker/owners (or their staff) on the Platform. RE/MAX assumes no responsibility or liability for any actions or representations of any subject matter contained at the Platform, nor can RE/MAX guarantee or assume liability for the accuracy, completeness or usefulness of any information contained on the Platform or linked to the Platform.

The information on the Platform is not to be considered legal advice. Such information is intended to educate members of the RE/MAX network generally and is not intended to provide solutions to individual problems. Viewers are cautioned not to attempt to base any legal decisions on information contained on the Platform and are strongly advised to seek advice from an experienced attorney. Each office is responsible to assure that its operations are in compliance with all applicable laws and regulations of their applicable jurisdiction.

RE/MAX does not provide professional advice or endorsements based on information included on the Platform. RE/MAX assumes no responsibility or liability for any actions or representations of any subject matter contained at its sites, nor can RE/MAX guarantee or assume liability for the accuracy, completeness or usefulness of any information contained on the Platform or linked to the Platform.

The Platform and its content

RE/MAX reserves the right to access and use the Platform, and any content and information therein, to the extent necessary to run the Platform and make it available to You and others, to protect the Platform, to improve the Platform, and to otherwise use the Platform and its content for a legitimate business purpose.

The layout, formatting, and features of and access privileges for the Platform shall be as determined or specified by us in our sole discretion. We shall also have the sole right to modify, upgrade, and change the Platform, including through the removal or modification of any content (including User Content) on the Platform. We will not be liable if for any reason all or any part of the Platform or its content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or all of the Platform, to users, in our sole discretion.

Accessing the Platform and Account Security

You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Platform or portions of it using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your Account at the end of each session. You should use particular caution when accessing Your Account from a public or shared computer so others cannot view or record Your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.

Payment and Billing

Through the Platform You will be able to purchase courses. We use third party payment processing platforms to process payments. RE/MAX receives no payment information from the third party. Please fully and carefully read the third party’s privacy policy for a description of its data privacy practices. Please note that the processing of payments will be subject to the third party’s terms, conditions and privacy policy in addition to these Terms of Use.

License Grant and Restrictions

The Platform is made available to You by RE/MAX and these Terms of Use provide to You a personal, revocable, limited, non-exclusive, nontransferable, and (limited) non-sublicensable license to use the Platform. These Terms of Use provide only a license and not an assignment or sale. We transfer no ownership or intellectual property interest or title in and to the Platform to You or anyone else. Further, we reserve all rights not expressly granted by these Terms of Use. Accordingly, You may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein. In addition, You shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering RE/MAX or the Platform.

User Obligations

You agree to abide by all applicable local, state, national, and international laws and regulations regarding Your use of the Platform. By accessing or using the Platform, You represent that You are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when uploading, adding, including, storing, or sharing content on or through the Platform. You also acknowledge and agree that use of the Internet and the Platform is solely at Your own risk.

User Generated Content

The following terms control when You post, upload, transmit, submit or otherwise make available messages, comments, text, photographs, data, graphics, images, videos, audio, or any other materials, when using the Platform (“User Content”). You are entirely responsible for Your User Content and any posting, uploading, transmission, submission or other ways of making available User Content using the Platform is undertaken at Your own risk. For all of Your User Content, You agree, represent, and warrant that:

(a) You own all rights in and to the User Content or, if the User Content is subject to third-party rights, You have all necessary licenses, rights, permissions and consents to use the User Content (including but not limited to appropriate and necessary permissions from all person(s) appearing in the User Content), and to grant the rights contained herein;

(b) the use of the User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law;

(c) the User Content does not contain anything that is inaccurate, illegal, defamatory, libelous, pornographic, racist, obscene, abusive, threatening, harassing, harmful, hateful or offensive;

(d) the User Content is compliant with the RE/MAX Brand Identify Trademark and Graphic Standard manual;

(e) You will not in any way submit User Content that discloses, stores, or collects any contact information or any person’s personal information without that person’s permission;

(f) You will present and promote the User Content as Your work product, and not suggest, imply or indicate in any way that it is the work product of RE/MAX, LLC or that RE/MAX, LLC (or any affiliated entity) is responsible for the User Content; and you will immediately and fully comply with any RE/MAX requirements that are communicated to you regarding User Content;

(g) You will not re-Post information elsewhere that requires a user account to access, such as private discussion forums or data reports;

(h) You will not post User Content or link to anything that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

You are fully responsible for and shall act sensibly and with your best judgment on how and what User Content you post to the Platform. RE/MAX reserves the right, at its sole discretion, to remove or choose not to allow any displayed User Content if it does not meet the requirements set forth in these terms or if RE/MAX otherwise determines, in its sole discretion, that the User Content is not appropriate.

You hereby agree that You assume any and all liability for (i) any claims that the User Content violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law (“User Content Claims”), and (ii) any and all costs, fees or other payments incurred by RE/MAX arising from any claims or demands relating to User Content, including court costs and attorney fees. You also hereby agree to immediately address any User Content Claims once they are brought to your attention, and to immediately notify any third party asserting a User Content Claim that you, and not RE/MAX, LLC is the appropriate party for addressing such a claim.

Intellectual Property Rights

The Platform and its features and functionality (including but not limited to all software, displays, capabilities, and the design, selection, and arrangement thereof) are owned by RE/MAX, its licensors, or other providers of such features and functionality and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

If You modify the features and functionality or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, Your right to use the Platform will stop immediately. No right, title, or interest in or to the Platform is transferred to You, and all rights not expressly granted are reserved by RE/MAX. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Copyright Complaints

It is the policy of RE/MAX to respond to notices alleging copyright infringement. If RE/MAX removes or restricts access to your User Content in response to a copyright complaint, RE/MAX will make a good faith effort to contact you with information concerning the removal or restriction of access, including a copy of the complaint. If you believe your User Content was removed in error, then you can request that RE/MAX restore the User Content. You are advised that RE/MAX may terminate Portal access for to repeat infringers. If your account receives multiple copyright complaints, RE/MAX may terminate or restrict your access to the Platform.

Notices of claimed copyright infringement and counter-notices should be sent to our attention either by email or regular mail, at the following addresses:

By email (preferred): legal@remax.com

By mail: Legal Department

RE/MAX, LLC

5075 South Syracuse Street

Denver, CO 80237

For both email and postal mail notices, please include “Notice of Infringement” in the subject line.

Trademarks

RE/MAX’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of RE/MAX or its affiliates or licensors, which may be registered in the United States or other jurisdictions. You agree that any use of the RE/MAX trademarks in connection with the Platform will be compliant with the RE/MAX Brand Identity Trademark and Graphic Standards manual.

Third Party Services

The Platform may permit You to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. When You access third party resources on the Internet, You do so at Your own risk. These other resources are not under our control, and You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding: (1) the export of data or software to and from the US or other countries, (2) the protection of personal data of individuals, (3) advertising, including the Fair Housing Act or any state or local laws and regulations, and (4) marketing and cell phone communications, including the U.S. Telephone Consumer Protection Act).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by asking for personally identifiable information, or otherwise.

To transmit, or procure the sending of, any advertising or promotional material that would be considered improper, inappropriate, or burdensome to others such as “spam,” or any other similar solicitation, including unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages. This does not include marketing communications in the ordinary course of business and consistent with an individual’s expectations of their interaction with a broker, agent, or other brokerage representative.

To impersonate or attempt to impersonate another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm RE/MAX or users of the Platform, or expose them to liability.

Additionally, You agree not to:

Circumvent any restrictions on access to or availability of the Platform.

Engage in activity that is harmful to You, the Platform, or others.

Infringe upon the rights of others.

Engage in activity that violates the privacy of others.

Help others break these rules.

Otherwise attempt to interfere with the proper working of the Platform.

Disclaimer of Warranties

YOUR USE OF THE PLATFORM AND ITS CONTENT IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RE/MAX NOR ANY PERSON ASSOCIATED WITH RE/MAX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER RE/MAX NOR ANYONE ASSOCIATED WITH RE/MAX REPRESENTS OR WARRANTS THAT THE PLATFORM WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW, RE/MAX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. RE/MAX ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE PLATFORM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RE/MAX, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES TO THE PLATFORM BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless RE/MAX, its shareholders, directors, affiliates, officers, agents and employees, licensors, service providers, and all third parties that provide content, information or services to the Platform from and against any and all claims, suits, demands, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including but not limited to reasonable attorney fees and disbursements, court costs or arbitration costs, due to, arising out of, or relating to Your violation of these Terms of Use or Your use of the Platform, including, but not limited to, Your contributions of content or information to the Platform or any use of the Platform’s content other than as expressly authorized in these Terms of Use.

Governing Law

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado, excluding any principles or rules of law that may direct the application of the law of another state.

Arbitration and Waiver of Class Arbitration

Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use, including the breach, termination, or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one (1), and the place of arbitration shall be Denver, Colorado, United States. The arbitration shall be held, and the award shall be rendered, in English. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate.

The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Waiver and Severability

No waiver by RE/MAX of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RE/MAX to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between You and RE/MAX regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Termination of the Platform

Termination of Platform Access

RE/MAX reserves the right to suspend or terminate Your access to the Platform, without notice to You, at any time, in the event: (a) You cease or fail, for any reason, to meet the definition of a Member (as defined below), as determined solely by RE/MAX; (b) Member fails to honor or is in breach of any term or condition of these Terms of Use, as determined solely by RE/MAX; (c) Member ceases, for any reason, to be affiliated with the RE/MAX organization; (d) Member fails to notify RE/MAX of a change of office address; or (e) Member engages in any prohibited use or any other conduct which, in the sole judgment of RE/MAX, compromises or may compromise the value, integrity or viability of the Platform or detracts from the reliability or reputation of such extranet service or of the RE/MAX name or organization.

To be a Member You must be one of the following: (a) a RE/MAX Franchisee or RE/MAX Sales Associate affiliated with a RE/MAX Franchisee who is current on all annual dues and fees owed to RE/MAX and in compliance with all applicable RE/MAX policies (including, but not limited to, the RE/MAX Brand Identity Trademark and Graphics Standards manual); or (b) an individual who is currently employed by a RE/MAX Franchisee in some capacity for which annual dues are not assessed or for which membership in RE/MAX is not available (e.g., office receptionist, secretary).

Contact Information

The Platform is operated by RE/MAX, LLC at 5075 South Syracuse Street; Denver, CO 80237.

If You have any feedback, comments, requests for technical support, and other communications relating to the Platform, please email us at: productsupport@remax.net