Terms of Use: REV® Leasing University
LAST UPDATED: OCTOBER 2024
Please review this Terms of Use agreement (the “Agreement”) carefully as it applies to your use of online services and digital products of REV® (“Licensor” or “we” or “us”), including the Licensor websites located at https://revmlc.com and all subdomains thereof (the “Site”) and any and all mobile applications offered by Licensor (each, an “App”) (the Site and Apps (if any), along with any content, products and services made available on or through the Site and Apps (if any), the “Services”). Your use of the Services is governed by this Agreement regardless of how you access the Services, including through the Internet, a mobile network or otherwise.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, AS THEY MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING HOW YOU MAY RESOLVE DISPUTES. PLEASE NOTE THAT THIS AGREEMENT MAY REQUIRE YOU TO SUBMIT DISPUTES TO ARBITRATION. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, AS DESCRIBED IN SECTION 14.
The Services are made available by Licensor subject to this Agreement. Licensor reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including by email or by posting the revised version of this Agreement on the Site or in connection with the Apps. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of any of the Services following any changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and Licensor arising prior to the date on which Licensor posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes. When using any Services, you agree that you are subject to any additional terms and conditions posted by us that are applicable to such Services, which are hereby incorporated by reference into this Agreement.
BY 'CLICK ACCEPTING' THESE TERMS AND CONDITIONS, OR BY ACCESSING OR USING THE SERVICES (INCLUDING BY COMPLETING A TRANSACTION), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO AGREE THAT YOU ARE NOT A COMPETITOR OR ACTING ON BEHALF OF A COMPETITOR, AND THAT YOU WILL NOT USE THE SERVICES FOR COMPETITIVE PURPOSES OR WITH THE INTENT TO COMPETE.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue any of the Services (including any component or feature thereof), with or without notice; modify any fees charged in connection with any of the Services; or offer opportunities to some or all users of any of the Services. If any part of any of the Services is suspended, modified, or discontinued, or if a technical error occurs, information, data, or content created or provided by you in connection therewith may be deleted or become inaccessible; accordingly, you should not exclusively rely on, and agree not to exclusively rely on, the Services to store or preserve any such information, data, or content. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, any App, or of any other Service, including any content, feature, or product, in whole or in part. Your continued access to or use of the Services after such changes will indicate your acceptance of such changes.
We provide users of the Site with access to certain content, products, and services related to leasing services, which may include on-demand streaming media, audio, and video courses; for clarity, such content, products, and services are part of the “Services.” The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors, such as your location, the content being streamed or downloaded, and the speed of your Internet connection. Licensor makes no representation or warranty regarding access to content available through or in connection with Services, including the quality of streaming content and the download speed of downloadable content, if any.
The content provided through or in connection with the Services is designed to provide general information on the subject matter covered. LICENSOR EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT PROVIDED ON OR IN CONNECTION WITH ANY OF THE SERVICES.
The Site and other Services are controlled and operated by Licensor from the United States and are not intended to subject Licensor to the laws or jurisdiction of any state, country, or territory other than that of the United States. Licensor neither represents nor warrants that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access any of the Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.
Your submission of information through or in connection with any of the Services is governed by Licensor’s Privacy Policy, which is located at https://tinyurl.com/RevPolicy (the “Privacy Policy”). You agree that all information that you provide to us is true, accurate, and complete, and that you will maintain and update such information regularly.
You must comply with all applicable laws, rules, and regulations while accessing or using any of the Services. In addition, we expect users to respect the rights and dignity of others. Your use of the Services is conditioned upon your compliance with the rules set forth in this section. You must not:
Post, transmit, or otherwise make available, through or in connection with the Services, (a)anything that could be (i)threatening, harassing, discriminatory, degrading, hateful, or intimidating; (ii)defamatory, fraudulent, or otherwise tortious; (iii) obscene, indecent, pornographic, or otherwise objectionable; (iv)or related to alcohol, wagering, gambling, tobacco products, ammunition, or firearms; (b)anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary, or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c)any virus, worm, spyware, or other computer code, file, or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; (d)any unsolicited or unauthorized advertising, promotional material, investment opportunity, or other form of solicitation; or (e)any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.
Use the Services (a) to defame, abuse, harass, stalk, threaten, harvest, or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or Submissions (as defined below); or (c) for any other fraudulent or unlawful purpose.
Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or other Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
Restrict or inhibit any other person from using any of the Services (including by hacking or defacing the Site).
Use the Services to advertise or offer to sell or buy any goods or services.
License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site, the Apps, or other Services, or any access to or use of the Site, the Apps, or other Services.
Modify, adapt, make derivative works of, translate, reverse engineer, decompile or disassemble the Site, Apps, or other Services.
Remove any copyright, trademark or other proprietary rights notice from the Services or any materials available on or through the Services.
Frame or mirror any part of the Site or other Services without Licensor’s express prior written consent to do so.
Systematically download or store content from the Site, Apps, or other Services. Additionally, you acknowledge and agree that you (and not Licensor) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use any of the Services, and paying all charges related thereto. We may terminate your use of any or all of the Services for any conduct that we consider to be inappropriate or for your breach of this Agreement, including the Rules of Conduct set forth above (including if you repeatedly engage in copyright infringement via or in connection with the Services).
You may need to register to use all or part of the Services. You represent and warrant that all information submitted to Licensor in connection with such registration is complete and accurate. We may reject, or require that you change, for any reason, any username, password, or other information that you provide to us in registering. Your username and password are intended for individual use only and must be kept confidential. We allow only one person per account, and sharing your account with others is strictly prohibited. You (and not Licensor) are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your account. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (including training materials) (“Input”), whether related to the Services or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place Licensor under any fiduciary or other obligation; and (b) any Input is not confidential and Licensor has no confidentiality obligations with respect to such Input. We may and expressly reserve the right (but have no obligation) to monitor, review, store, evaluate, alter or remove any information at any time before or after it appears on or in connection with any of the Services, and to monitor, review or analyze your access to or use of the Services, in each case by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in our Privacy Policy. We may disclose any such information and the circumstances surrounding its transmission to anyone for any reason or purpose.
We and/or our licensors and suppliers own the Site and any information and materials made available on or through the Services. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on, all or any part of the Services or any information or materials made available on or through the Services.
Trade names, trademarks, and service marks on or included within the Services, including REV®, Multifamily Leasing Company®, The Leasing CompanySM, The Leasing Management CompanySM, REV Leasing ScoreSM, RLSSM, REV Leasing UniversitySM, RLUSM are owned by Licensor, Licensor’s licensors or other respective owners. Such trade names, trademarks, and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks, or service marks without the express prior written consent of the owner.
We may make available products and services for purchase through the Services. If you wish to purchase any product or service made available by us through the Services (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Licensor the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Licensor reserves the right to change its pricing for any and all of its content, products, and services offered via the Services, at any time in its sole and absolute discretion without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
THE SERVICES (INCLUDING THE SITE AND APPS) AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, ACCESS TO AND USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE SERVICES. LICENSOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (INCLUDING THIRD PARTY CONTENT, PRODUCTS, AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF ANY OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, LICENSOR WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, OR FROM ANY CONTENT POSTED ON OR IN CONNECTION WITH THE SERVICES BY LICENSOR OR ANY THIRD PARTY. OR RESULTING FROM ANY RECORDINGS MADE BY LICENSOR OR ITS REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF LICENSOR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO LICENSOR TO ACCESS AND USE THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT RESULTING IN SUCH DAMAGE, LOSS OR CAUSE OF ACTION AND (II) TWENTY DOLLARS ($20.00).
While we try to maintain the integrity and security of the Services and the servers from which the Services are operated, we do not guarantee that the Services will be or remain secure, complete, or correct, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any unauthorized third-party alteration to the Services, contact us at operations@revmlc.com with a description of the material(s) at issue and the URL or location on the Services where such material(s) appear.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Licensor and its parents, subsidiaries, directors, officers, agents, representatives, and employees from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Services; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
Licensor may terminate your access to or use of the Services, at any time and for any reason, including if Licensor believes that you have violated the term of this Agreement. Upon any such termination, your right to access or use the Services will immediately cease. You agree that any termination of your access to or use of the Services may occur without prior notice, and that Licensor may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Licensor shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files and shall not be required to make such information or files available to you after any such termination.
This Agreement is governed by the laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ANY RECORDING, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND LICENSOR (INCLUDING LICENSOR’S COLLECTION, STORAGE, USE AND DISCLOSURE OF INFORMATION PURSUANT TO LICENSOR’S PRIVACY POLICY), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU AGREE THAT YOU AND LICENSOR ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in Houston, Texas, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or in connection with the Services infringe your copyright, you (or your agent) may send Licensor a written notice by mail, email, or fax, requesting that Licensor remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Licensor a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Notices and counter-notices must be sent to Licensor’s DMCA Agent as follows: By mail to DENNIS CAVANAUGH 260 Madison Ave., 16th floor, New York, NY 10016. Licensor’s DMCA Agent’s phone number is (212) 856-7210.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Licensor. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The use of “including” and “e.g.” herein is not exhaustive (that is, they are interpreted to include “without limitation”), unless qualified by words such as “only” or “solely.” This, together with all policies referred to herein, is the entire Agreement between you and Licensor relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Licensor relating to such subject matter. Notices to you may be made via posting to the Site or through the App(s), by e-mail, or by regular mail, in Licensor’s discretion. The Site or App(s) may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Licensor will not be responsible for failures to fulfill any obligations due to causes beyond its control.
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