Terms and Conditions

Smith & CO Realty is owned and operated by Smith & CO Realty LLC. By subscribing, purchasing a course, gaining access to any other program, community, workshop or any other product offered or associated with Smith & CO Realty, you agree to comply with and be bound by the following terms and conditions. Please review these terms and conditions carefully to understand the responsibility of all parties.

This website is an online learning platform that may from time to time sell courses, books, templates, workshops, memberships, consulting and other information, materials or services that are intended to teach people how to buy and sell Real Property in Idaho. The information presented in this platform is intended to be for your educational and entertainment purposes only.

This website and the content found within the AndriesSmith.com domain name is intended to be used by individuals wishing to buy or sell Residential Real Property in the State of Idaho (“Property”). The Form is not to be used by individuals or groups that are licensed as Real Estate Agents, Brokers or REALTORS, or any person that has not obtained permission to use this Form. By using this site and/or documents provided, all parties involved agree that no parties or agents associated with Smith & CO Realty LLC are part of this transaction process, represent any parties highlighted within, and will not be held liable for any information contained within this Document or legal action that results from the use of this Document. ©Copyright Smith & CO Realty LLC 2023

DEFINITIONS

AGREEMENT refers to these Terms and Conditions.

CONTENT refers to the contents of the website domain and subdomains of https://AndriesSmith.com, including but not limited to the text, graphics, images, audio, and video assets, included that found on apps and printed media. “Content” does not include User Submitted Content or curated content.

PLATFORM refers to the website Smith & CO Realty (https://Smith & CO Realty.net/), all associated subdomains, and all associated copyrighted content included in associated apps and printed media.

SERVICES refers to the services provided by Smith & CO Realty through the Website.

USER GENERATED CONTENT or USER SUBMITTED CONTENT refers to any content that a user submits to the website, including, but not limited to, text, graphics, images, audio, and videos.

USERS refers to anyone who uses Smith & CO Realty services, and may be referred to as subscribers or members.

WEBSITE refers to the Smith & CO Realty website.

YOU shall refer to you, the person who is entering this agreement with Smith & CO Realty.

ACCEPTANCE OF THE TERMS AND CONDITIONS

By visiting the Smith & CO Realty website and/or using any associated services, you accept and agree to these Smith & CO Realty Terms and Conditions and Privacy Policy, which forms a legal agreement between you and Smith & CO Realty and spells out the terms and conditions to which all parties must adhere. No joint venture, partnership, employment, contractorship, or agency, or any other formal relationship not listed exists between you and Smith & CO Realty other than the relationship that is outlined in the Terms and Conditions. You must be no younger than 18 years of age, or an emancipated minor, or possess legal parental/guardian consent, and are fully able and competent according to state and federal law, to abide by, and comply with the Terms and Conditions and Privacy Policy to initiate and maintain access to this platform. These terms may not be assigned by you to another party, person, or entity without express approval by Smith & CO Realty.

ACCESS

Access to this platform will be based on the membership level purchased. We reserve the right to update, discontinue, or otherwise remove access to any product, template, membership, subscription, or course at any time for any reason. Subscription-based products will renew on a monthly, quarterly or annual basis. You are granted a non-exclusive, non-transferable, revocable license to access and use the platform strictly in accordance with the Terms and Conditions and Privacy Policy.

This content is only applicable to the state of Idaho. If you access the service outside the state of Idaho you are responsible for all equivalent legal compliance with all local laws in your country and are prohibited from any use that violates any applicable laws, restrictions or regulations.

PERMITTED USE

The Website, Content, and Services are owned by Alpha Media Solutions and constitute proprietary information and property that are protected by United States state and federal copyright and/or trademark law, as well as applicable foreign laws. You are not permitted to modify, reproduce, display, publicly perform, distribute or sell any content on this platform for any public or commercial purpose, including the use of the content on any other website, without express permission granted by the owner. If you violate any of these terms, your permission to use the content may be terminated. If permitted, you must include the following copyright notice and hyperlink within all material you create and publish, whether online or offline:

As a condition for your use you agree not to use the services for any illegal or unauthorized purpose and to comply with all applicable state, federal and local laws, rules, and regulations. You are not permitted to undertake any behavior that is violent, unlawful, fraudulent, abusive, threatening, pornographic, racist, defamatory, hateful, or otherwise objectionable as determined by Smith & CO Realty in its sole discretion. You are not permitted to interfere or disrupt the services in any way, including, but not limited to, transmitting any works, viruses, spyware, malware, or any other destructive code. Smith & CO Realty has the right to interrupt, suspend, or terminate the services in response to a breach.

The failure of Smith & CO Realty to enforce any right or provision in these Terms of Conditions will not constitute a waiver of such right or provision.

PRIVACY

Your continued use of the platform is subject to our Privacy Policy.

TERMS OF SALE

If you choose to sign up for membership and use the services you agree to pay and be responsible for all applicable associated charges and fees for such services. All fees are set out in U.S. dollars (USD). You confirm and agree that you are the owner of any credit card accounts, PayPal account, Google accounts, Apple pay accounts, or any other payment methods that are not listed that you submit to Smith & CO Realty for payment of the services. By making any payment through the website, you agree the terms for service for any third party payment processors utilized by Smith & CO Realty.

The membership tier “Month to Month” will be billed at the start of a new monthly cycle, according to the date of subscription with the preferred payment method on file, until cancellation of the service. You agree to pay for any recurring membership fees, including all applicable associated charges and fees for such services, until membership has been canceled. Cessation of services can be managed in the “My Membership” page. Once requested or upon failure of payment, your membership will be immediately canceled. Any request to cancel sought midway through a billing cycle will be processed, but no prorated refund will be provided by Smith & CO Realty under any circumstances. Instead, active membership will be upheld until the start of the next billing cycle.

To the fullest extent permitted by law, fees paid to Smith & CO Realty are non-refundable. Smith & CO Realty may consider refunding fees paid or crediting for services but is under no obligation to do so and any such refunds are at the discretion of Smith & CO Realty only. Smith & CO Realty will not tolerate or accept any type of chargeback or chargeback threat from any credit card company or other payment service. Smith & CO Realty reserves the right to report the incident to all credit reporting agencies or to any other entity for listing as a delinquent account which could have a negative impact on your credit report score. The information reported may include your name, email address, order date, order amount, and billing address. You are responsible for payment of all taxes, levies, duties, additional charges expected by state, federal, or international taxation authorities, excluding only United States (federal or state) income taxes.

Any issues may be directed to Andries.R.Smith@outlook.com

USER CONTENT

You understand and agree that you alone are responsible for maintaining the confidentiality of your account, username, password, and user generated content while logged into the platform, and not to share, assign, sell, transfer or provide the above information in any other way that permits access to the platform to any other person or entity that has not agreed to the Terms and Conditions, Privacy policy, or owns independently access to the platform. You agree to accept sole and complete responsibility for any copying, dissemination, or plagiarism of the content or use of the platform in any way prohibited by the Terms and Conditions and Privacy policy, that ultimately originates from your user account, whether by your fault or as a result of the theft or misappropriation of your account. Smith & CO Realty reserves the right to terminate your account, refuse or cancel services, edit or remove the content in the event of a breach.

You warrant that you own and are responsible for all intellectual property rights in any user generated content or that you have the appropriate license rights from the owner for any user submitted content. By submitting content to the website you retain all ownership rights and automatically grant Smith & CO Realty a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, display, publicly perform, distribute or sell any content considered user generated content.

EXTERNAL LINKS

The website contains links to third party websites, videos and resources that are provided to assist you and not as an endorsement by Smith & CO Realty of the contents, performance, products, marketing, services, or business tactics of such third party websites. Smith & CO Realty is not responsible for and cannot be held liable for the content, performance, products, marketing, services, or business tactics, or damages that could occur as a result of viruses, worms, Trojan horses, and other harmful or destructive content linked to third party websites. Access these links at your own discretion at your own risk.

LIABILITIES, INDEMNIFICATION AND WARRANTIES

The website and associated services are provided ‘as is” absent of warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, purpose fitness, title, non-infringement and refund. There is warranty associated with damages. Members assume all risks associated with damages or loss of data that result from viruses, worms, Trojan horses, and other harmful or destructive content linked to the platform or third party websites. Smith & CO Realty shall not be liable for damages, direct or indirect, occurring due to incidental, special, consequential, punitive, or exemplary circumstances associated with the platform or third party websites or services, , including, but not limited to, copyright, trademark, or privacy right, and any submission by you that causes damage to a third party as a result of errors, mistakes, or inaccuracies.

You agree to indemnify, defend and hold harmless Smith & CO Realty, its officers, directors, members, managers, employees, agents and third parties for any damages, losses, costs, liabilities and expenses (including any attorneys’ fees) relating to or arising out of regular or unintended use of or inability to use the platform or services. This includes any user generated content, intentional or unintentional violation of any terms of this agreement or violation of any rights of a third party, or violation of any applicable laws, rules or regulations.

The information presented in this Website is intended to be for your educational and entertainment purposes only. Smith & CO Realty cannot be held liable for any transactions or legal ramifications that resulted from the content of this platform.

ARBITRATION

You agree to resolve any disputes, controversies, complaints, submissions or claims between you and Smith & CO Realty arising from or relating to use of the platform through arbitration instead of any court proceedings, either as an individual, as a class representative or private attorney general, or as a member of a class of claimants. You waive any right to a jury trial and agree that all claims shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined in a location determined by Smith & CO Realty, and the results are final and binding. The parties agree that all information associated with arbitration be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as what may be lawfully disclosed according to state and federal governmental agencies.

The Company reserves the right, in its sole discretion, to change the Terms and Conditions under which the platform is offered. The most current version of the Terms and Conditions and Privacy Policy will supersede all previous versions. It is up to you to stay up to date on any changes.