This agreement describes rights and responsibilities for Texas Real Estate Courses.
Please read it carefully.
1. Scope of Agreement: Under this Agreement ("Agreement"), 360training.com ("we," "our" or "us") makes available on-line information and services (the "Service") to registered subscribers or authorized users ("you," "your" or "subscriber"). By selecting "I ACCEPT" when registering or if you use the Service, you agree to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service.
2. Registration Information: You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, you will be in breach of this Agreement allowing us to immediately terminate your subscription and use of the Service. When you register, you will receive a password which we may assign or allow you to select.
3. Enrollment Fee: The tuition fee or the price of the course/package is applicable as advertised on the website at the date and time of purchase of the product. Upon receiving the enrollment fee, 360training.com, Inc. will provide you access to complete course materials via Learning Management System. This access will be granted for 365 days to complete the course.
4. Quiz Policy: The course includes lesson / module quizzes after every lesson / module. For all the qualifying courses, you will be required to pass the quiz with 100% mastery. For continuing education courses, you will be required to pass the quiz with 70%. In-case if you do not pass the quiz upon first attempt, you will be provided with two more alternate quizzes with different set of questions. These subsequent two attempts will be free of any charge. If you do not pass the quiz, you will be required to start the lesson / module from the beginning to review the course material again.
5. There is a proctored closed book / closed notes final exam at the end of the course. For all qualifying courses, you will be required to pass a proctored final exam with a 70% mastery. The second attempt to the final exam will be free of charge. For each attempt you will be given 180 minutes to answer the sixty (60) multiple choice questions during the final exam. After the 180 minutes have passed the student will automatically be logged out of the final exam. Upon failing second attempt to the final examination, you will be required to retake the course at no additional charge.
The following is the list of acceptable proctors for the final exam:
(A) Employees at official testing or learning/tutoring centers;
(B) Librarians at a school, university, or public library;
(C) College or university administrators, faculty, or academic advisors;
(D) Clergy who are affiliated with a specific temple, synagogue, mosque, or church; and
(E) Educational officers of a military installation or correctional facility.
(F) An authorized notary
(G) Members of the court system Judge, justice of the peace, magistrates, and prosecutors.
(H) Law Enforcement Officers Sergeant, lieutenant, or captain
6. Attendance Policy: TREC will not accept your certificate of completion for this course unless 3 days have elapsed since the date/time you started till the date/time you completed the course. Your participation in this course must not exceed 12 hours per day. Please note you are not required to work on the courses 12 hours per day, but this is the maximum amount of time per day. Starting and completing more than one qualifying course within the same 3 days does not comply with TREC rules. A certificate of completion will not be issued if you do not comply with these requirements.
7. Conduct: Cheating may result in fines, suspension, license revocation or other penalties. Cheating is defined as allowing someone else other than you, the licensee, who is registered for this course to take any part of this course, quiz or final test. By agreeing to this form, you acknowledge that you are the person who originally enrolled for this course and that you will provide best efforts to consume all information and take all pertinent quizzes and/or final tests.
WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE OUR SUBSCRIPTION FEES AND BILLING METHODS OR SEPARATE CHARGES FOR INFORMATION, MATERIAL (DEFINED BELOW) OR SERVICES. WE WILL NOTIFY YOU OF ANY CHANGES IN ADVANCE AND IF ANY CHANGES ARE NOT ACCEPTABLE, YOU MAY TERMINATE YOUR SUBSCRIPTION AS DESCRIBED BELOW.
You also may not use, nor allow others to use, your subscription, password or the Service, directly or indirectly, to:
(a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any
Material;
(b) act in a way that affects or reflects negatively on us, the Service, or any other;
(c) transmit or communicate any advertising, promotion or solicitation;
(d) collect or attempt to collect any information of others, including passwords, account or other
information.
8. Limited Liability and Warranty: You are entirely liable for activities conducted by you or anyone else in connection with your subscription and use of the Service. You must keep your password secret and not disclose it to others. You may not allow others to use the Service, your subscription, or password. If you do, you (a) assume all responsibility and liability associated with such use; and (b) indemnify and hold us harmless for any such use. We will not be liable for any loss or injury resulting directly or indirectly from our Service, whether or not caused in whole or in part by our negligence or by contingencies beyond our control. Neither we nor our suppliers are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access any of our Services, Material, content, information, goods or services. Please read the terms of our disclaimer on this site carefully.
YOUR ACCESS TO AND USE OF OUR SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," or "AS AVAILABLE." THE SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE OR OTHERWISE, IS REPLACEMENT OF DEFECTIVE GOODS OR REPERFORMANCE OF DEFECTIVE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
9. Indemnification: You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including attorneys' fees), in connection with or arising from your breach of this Agreement and/or your use of the Service. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action and then corresponding indemnification obligation will end.
10. Termination: We or you can terminate your service at any time on 30 days' notice subject to the terms herein. Termination is your sole right and exclusive remedy if you are not satisfied with our Service. We can terminate this Agreement, restrict or terminate your access to and use of the Service immediately and without notice or liability, if you breach this Agreement in any way, and it will not limit any other rights available to us.
11. Governing Law and Interpretation: If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. The laws of the State of Texas govern this Agreement, your subscription and use of our Service. You must comply with all laws, regulations, obligations, and restrictions which apply to you. You agree that the courts of the State of Texas have exclusive jurisdiction for any claim, action or dispute under this Agreement and that venue shall be in Travis County, Texas. You also agree and expressly consent to the exercise of personal jurisdiction in the State of Texas.
12. "You may request a Fitness Determination (FD) before enrolling in courses or applying for a real estate license. TREC requires you to consider submitting a completed Fitness Determination before applying for a license." Although optional, requesting a FD as your first step in the licensing process means you can find out whether you're eligible to become licensed before you take the qualifying education courses, pay for an application, and take the exam.
Samantha Montalbano
Chief Operating Officer
360training.com, Inc.
6504 Bridge Point Parkway, Suite 100
Austin TX, 78730
www.360training.com
PHONE: (877) 881-2235
