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Effective Date: 6 October 2021
Welcome to Buffini & Company. This page contains the Terms & Conditions that apply to our memberships, programs, and events.
Part 1 contains provisions relating to our Privacy Policy and Terms & Conditions relating to your consent to receive electronic communications and provisions relating to updates to our Terms & Conditions.
Part 2 is a general set of Terms & Conditions that apply to all our memberships, products, services, programs, or events.
Part 3 contains specific Terms & Conditions that apply to respective memberships, products, services, programs, or events.
This Terms & Conditions (this “Agreement”) is a binding agreement and governs your use of all our websites, memberships, products, services, programs, or events (collectively, “Offerings”), unless other terms and conditions expressly govern.
By registering for or using an Offering, or by contributing any User Content, you agree to this Agreement. If you do not agree to the terms of this Agreement, you should not continue with the registration for, or use of, the applicable Offerings. If you have access to, or are using, an Offering without having completed our registration process, you are hereby notified that your continued use of an Offering is subject to this Agreement.
Privacy Policy
Please review our Privacy Policy at: https://www.buffini.com/privacy. This Policy explains the information that Buffini & Company collects and how that information is used.
We only sell our Offerings to persons 18 or older who can purchase with a credit card or other permitted payment method. If you are under 18 you may use our Offerings only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Electronic Communications
When you use our Offerings, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. If you register for an Offering, we may communicate with you electronically, and you consent to receive electronic communications such as e-mails, texts, and mobile notices from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Changes to Terms & Conditions
We may occasionally update this Terms & Conditions. When we do, we will also revise the "Effective Date" listed at the beginning hereof. We will use reasonable efforts to provide you with notice of any such amendment or change by electronic communication (“Notice”). Your continued use of our Offerings will be subject to the terms of the current Terms & Conditions.
Contact Us
For further information regarding this Terms & Conditions or related Buffini & Company policies and procedures, please contact us through Customer Service at 1-800-945-3485 x 1.
Use of Offerings
You agree to use all Buffini & Company Offerings in conformity with all applicable laws.
Limited License Use
All content contained on our Offerings (collectively, “Content “), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark “) are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
This Agreement constitutes a personal, non-assignable license for you to use the Offerings or information provided in conformity with the systems or methods presented for your personal or existing business purposes not related to training or coaching. Any other duplication, dissemination, use or resale of said products or information is prohibited.
Intellectual Property Rights and Conditions
Buffini & Company does not sanction or approve the unauthorized use of content protected by copyright or other intellectual property rights. User represents and warrants that the use or publication of any content by User does not violate the intellectual property rights of any third party.
Payment
All Offerings, additional services or participation fees which may, where appropriate, include taxes or shipping fees, will be billed automatically to the credit card you designate. You authorize Buffini & Company to debit your credit card for all amounts owed by you, and you will keep the credit card you register for this purpose in good standing and with available open credit sufficient to cover any amounts arising under this Agreement. If, for any reason, the credit card that Buffini & Company has for you becomes cancelled, invalid, insufficient or unavailable for any reason you will immediately provide Buffini & Company with a replacement credit card and related information. All authorizations for this Agreement will apply to that replacement card. Payment may also be made via Electronic Fund Transfer.
All past due fees are subject to a late payment service charge at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less.
No refunds, exchanges or credits will be given after thirty (30) days from the date of purchase.
No Representations or Warranties / Limitations on and Exclusions of Liability
All Offerings or content including all modifications thereof, and all acts or omissions undertaken or not undertaken relating to any of the foregoing are provided on an “as available” and “as is” basis. Except to the extent prohibited by applicable law, Buffini & Company disclaims all representations, warranties and commitments of any kind including, but not limited to, any and all implied warranties or other commitments of title, merchantability, quality of information or fitness for a particular purpose.
In no event shall Buffini & Company be liable for any indirect, punitive, special, incidental or consequential damages (including, without limitation, lost profits, revenue or savings, lost data or content, loss of or damage to business opportunity, business interruption or the like) arising out of or relating to this Agreement, or your use of any Buffini & Company products or content. In addition, Buffini & Company shall have no responsibility or liability for damages caused by delays or other issues caused by third party suppliers or delivery services. In any case, Buffini & Company’s entire liability under this Agreement or in any way related to the subject matter hereof shall be limited in the aggregate and regardless of the number or timing of the claims asserted to the greater of $2,000.00 or the payments received by Buffini & Company for the twelve (12) calendar months immediately preceding the month in which the claim is first filed or asserted against Buffini & Company. These terms shall apply whether or not Buffini & Company has been advised of the possibility or likelihood of the loss, injury, damage or liability suffered or excluded and regardless of the theory of relief asserted (e.g. whether in contract, tort, negligence, breach of warranty, strict liability in tort or by statute or otherwise). Any action against Buffini & Company for relief of any kind must be brought within one (1) year after the cause of the action arose. The terms of this section represent important agreed and bargained for understandings of the parties and Buffini & Company’s compensation hereunder reflects such terms.
Indemnification
You agree to indemnify Buffini & Company as well as its directors, officers, agents, employees, and independent contractors and hold them harmless from and against any and all claims and expenses, including attorneys’ fees arising from your use of Buffini & Company Offerings or from your breach of this Agreement.
Survival
The following provisions will survive the termination of this Agreement: No Representations or Warranties/Limitations on and Exclusions of Liability; Indemnification.
Assignment
You may not assign this Agreement and any attempted assignment shall be void. Buffini & Company may delegate all or part of the performance of its obligations under this Agreement to independent contractors or other businesses.
Severability
If a court holds any provision of this Agreement to be illegal, invalid or unenforceable the rest of this Agreement shall remain in effect and this Agreement will be amended to give effect to the eliminated provision to the maximum extent possible.
Duties Upon Termination
Upon termination of this Agreement, access to Offerings and content shall be terminated. User shall return all Buffini & Company proprietary materials provided under this Agreement, shall cease to hold themselves as a Buffini & Company Member, Buffini Certified Mentor, Buffini Group Leader, or other Buffini & Company designation and shall cease providing training relating to an Authorized Program.
Governing Law and Venue
All legal issues arising from or relating to your use of Buffini & Company Offerings, or this Agreement shall be interpreted and construed in accordance with the laws of the State of California. By accessing or using such Offerings you consent to personal jurisdiction and exclusive venue in the State and/or Federal Courts of the County of San Diego, State of California with respect to any disputes arising out of or relating to this Agreement or the use of the Offerings.
Entire Agreement
This Agreement, including but not limited to the terms and conditions that apply to any Offering, constitutes the entire agreement between you and Buffini & Company with respect to the subject matter hereof and supersedes any other agreement, proposals and communications, written or oral between Buffini & Company and you with respect to the subject matter hereof.
Buffini & Company offers several subscription Membership types and options (collectively, “Membership”). The Membership types and options may change from time to time. A current list of Memberships can be viewed on the Company website at https://www.buffini.com
Term
The term of this Agreement for any Membership shall be from month-to-month. A month-to-month Membership will commence on the day you enter into this Agreement and enter a valid credit card or other payment information or immediately after the expiration of any free trial provided, whichever is later. Charges for each month will be billed and assessed monthly in advance, on the first of each month. The Membership will automatically renew from month-to-month until cancelled or terminated. You may also elect to prepay any Membership for a one-year term and receive any applicable discount.
Charges
Unless otherwise provided, at the time this Agreement is entered into, for all levels of Membership, an activation fee will be charged to cover the cost of set-up and initial materials. You will also be charged a pro-rated fee based on the number of days remaining in the month in which you first enroll. For annual prepaid Memberships, a charge will be assessed at the time this Agreement is entered into equal to the total charges for the one-year term commencing as of the first of the month occurring on or after the date this Agreement is entered into. The activation fee will be waived for annual prepaid Memberships. Other promotional discounts may apply.
Cancellation/Termination
By You
For Coaching members, to cancel your Membership, call your Coach. To cancel any other level of Membership, contact us through Customer Service at 1-800-945-3485 x 1.
Any cancellation, including any cancellation which is part of a change in Membership, shall require thirty days’ advance notice. A cancellation will be effective as of the last day of the month in which the end of the thirty-day notice occurs. There will be no refund of fees for any final or partial month of Membership.
In the event of your cancellation of an annual prepaid Membership, a refund will be issued which will be calculated as follows: The total fee that you would have paid for the expired term of the Agreement, commencing with the last day of the month in which the end of the thirty-day notice occurs, will be calculated using the standard charge for a monthly Membership. That total will be subtracted from the amount which you paid for your annual Membership. The balance will be the amount of the refund.
By Buffini & Company
Buffini & Company may terminate your Membership without cause by providing you five days’ written notice of the termination. Buffini & Company may terminate your Membership with cause and without notice in the event you breach this Agreement, for example, by not paying amounts due in a timely manner. Buffini & Company may also cancel or suspend your use of the Service and Software or a portion thereof at any time if you violate the terms of this Agreement, if Buffini & Company believes that your use of Service and Software represents a direct or indirect threat to its network function (or those of its contractors or suppliers) or anyone else’s use of Service and Software, or if Buffini & Company is otherwise required by law to do so. Termination of this Agreement for any reason will not affect your obligation to pay any fee due for the balance of the month in which the termination occurs.
Effect of Cancellation/Termination
Upon cancellation or termination of this Agreement by either party for any reason, Buffini & Company may delete your data permanently from its servers. You acknowledge that Buffini & Company will have no obligation to continue to hold, export or return your data.
Software means any portion of Buffini & Company software accessed, distributed, or provided to a User for use or installation on personal computers or other devices to enable User to interact with the Service.
Service means Buffini & Company provided Offerings including any updates, upgrades, support and content (for example, audio or visual information or documents) contained or made available to User by Buffini & Company as part of or in the course of using an Offering. Buffini & Company may change the Service or its Offering at any time and for any reason without notice.
User means the person or entity who has entered into this Agreement authorizing the use of the Service and who has created a Buffini & Company account for an Offering. If an individual enters into this Agreement on behalf of a company or other legal entity, the individual represents and warrants that they have the authority to bind the entity to this Agreement.
User Content means all text, pictures, sounds, video or other information that User creates for distribution by means of the Service. User represent and warrant that you have all rights in and to the User Content, that the distribution of the User Content will not infringe on the intellectual or other rights of third parties and that the User Content is not inappropriate, illegal, obscene, abusive, libelous and that its distribution will not tend to damage the reputation or business of Buffini & Company. User further represents that your use of the Service will comply with all applicable real estate or other laws or regulations.
Account Registration
User agrees to provide Buffini & Company with accurate personal details including User’s full name and a valid e-mail address and all other information that Buffini & Company may request from User from time to time in order to complete the registration process and update User’s account details. User represents and warrants that the information provided to Buffini & Company truthfully identifies User and their contact information.
User, if an individual, represents that they are at least 18 years of age.
User will keep their password and other login details confidential and will not disclose or make it available to any other person. Any use of the Service by any person other than the Member is prohibited and constitutes a breach of this Agreement.
Referral Maker® CRM Team Account
Description of the Team Account. A Team Account allows the primary User (“Team Leader”), to share customer contacts with one or more team User (“Team Member”), through a Referral Maker CRM Team Account controlled by the Team Leader but accessible by the Team Member(s) (the “Team Account”). It also allows the Team Leader to view any financial information or activities of the Team Member that are input in the Team Account. A Team Leader will be charged a license fee for his/her Team Leader access to Referral Maker CRM and a license fee for each Team Member’s access to the Team Account.
Control of the Team Account. The Team Account has been licensed to the Team Leader by Buffini & Company and the Team Leader has ultimate control of the Team Account.
Customer Contacts. The Team Leader can import customer contacts originated by the Team Leader (the “Team Leader Contacts”) into the Team Account. Each Team Leader Contact may only be assigned to one Team Account. A Team Member may also import contacts generated by the Team Member into the Team Account (the “Team Member Contacts”). Both the Team Leader and the Team Member, during the course of the Team relationship, will have access to the Team Account. This includes the ability to view, modify or delete
Team Leader Contacts and Team Member Contacts.
Export Options. The Team Account is designed to permit the Team Member to export only the Team Member Contacts from the Team Account, for example, in connection with the termination of the Team relationship (“Limited Export”). At the time the Team Member is granted access to the Team Account, however, the Team Leader may instead give the Team Member authorization to export all contacts in the Team Account, consisting of the Team Leader Contacts and the Team Member Contacts (“Full Export”).
Termination of Access. The Team Leader may terminate Team Member access to the Team Account at any time with or without prior notice. Buffini & Company also has the right to terminate your access to the Team Account under certain conditions as provided herein.
Authorized Users. Only the User or, in the case of a Team Account, the User and authorized Team Member(s), are authorized under this License to use the Service including the Software. If the User is a business or entity, only one person authorized by the User may use the Service. User Licenses may not be shared or used with any other person and, if purchased by a business, cannot be reassigned to a new user to replace a current authorized user who has terminated employment or otherwise changed job status or function and no longer uses the Service.
Rights and Limitations on Use
in using the Service or the Software, User will:
Promptly notify Buffini & Company if User learns of a security breach or unauthorized access relating to the Service.
User may not:
Ownership
The Service is being licensed to User and not sold. Except for the license granted under this Agreement, Buffini & Company retains all right, title and interest in and to the Service in whole or in part including the Software, any content provided as part of the Service and any copies of the foregoing.
Responsibility for Use
User are solely responsible for the use of the Service including the Software and any content included or provided as part of the Service. User is solely responsible for use of any data or other content that is input, stored, transmitted or otherwise used as part of the Service. User represent and warrant to Buffini & Company that any content or data used or uploaded by User in connection with or as part of the Service will not (a) infringe upon or otherwise violate any laws or regulations or any intellectual or other property rights or contract rights of any other person; (b) contain any software, viruses, Trojan horses, worms or other similar harmful or destructive programming routines, computer codes, files or programs;
(c) contain any unlawful, harassing, abusive, harmful, threatening, profane, defamatory, obscene or otherwise objectionable or offensive content; or (d) violate any applicable laws.
Data Storage
User may store data and content on the servers that Buffini & Company uses to provide the Service. User acknowledges and agrees, however, that Buffini & Company has no responsibility or liability for any deletion, destruction, corruption or other loss of any data or content to use or upload as part of the Service.
Text Messages
The Service may provide the option for User to receive text message alerts of calendar appointments or other matters, or input events tracked by the Service. User acknowledges that text message charges may be imposed by User telephone service provider for the receipt of these text messages.
Modifications
Buffini & Company may upgrade, enhance, change, suspend, discontinue or otherwise modify any of the functions, features, aspects or components of the Service, its presentation, the manner in which it is delivered or how it is used or operated in its sole discretion and without notice. Any modifications made available to User will be subject to the Terms & Conditions of this Agreement. If required by Buffini & Company, User must promptly replace the version of the Software or component User have installed on Users computer or other device.
Third-Party Web Sites, Services and Software
The Service may use or contain links to sites or services or persons that are not owned, operated, or controlled by Buffini & Company. User use of any third-party sites, content, data, information, applications, goods, services or materials (collectively, “Third-Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or of our affiliates. We do not verify, endorse, or have any responsibility for Third-Party Services or any third-party business practices (including, without limitation, their privacy policies), whether the site or service or our logo and/or sponsorship identification is on the Third-Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the sites or services and to read the terms and conditions and privacy policy of each Third-Party Service you use.
Use of Marketing Items of Value or Personalized Items of Value
Monthly Marketing Items of Value or Personalized Marketing Items of Value may be provided as part of your Offering and are intended to be used as a method of furthering your relationship with your personal database of potential referral sources. Uses that are inconsistent with this purpose are prohibited. Specific prohibited uses include, but are not limited to, the following:
My Image
User represents that any image provided for the personalization of User’ monthly Marketing Item of Value and/or Business Directory is of User. User has reviewed and are satisfied with the image as uploaded to Buffini & Company for incorporation into the monthly Personalized Marketing Item of Value or your Business Directory, and the placement and appearance of this image on the Personalized Marketing Item of Value or Business Directory.
Trademarks or Logos
User represent that they have been granted the right to use, in this manner, any company trademarks, trade names or logos which User have uploaded as part of the personalization of the Personalized Marketing Item of Value or Business Directory.
authorization
User represents that they have been granted permission to include business contact information for referred businesses in Business Directory. User represents that the information input relating to referred businesses is accurate, that it does not defame or disparage the businesses included and that it is acceptable to the businesses included.
Prohibited Uses
Unacceptable actions and content relating to the Business Directory will constitute grounds for blocking access, removal of posted or created material, termination of your Membership and/or termination of this Agreement, at the sole option of Buffini & Company. It is a condition of use of the Business Directory that User does not:
Client Direct is an optional direct mailing service where Buffini & Company, for an additional charge, prints and mails a customized cover letter and Personalized Marketing Item of Value on a monthly basis to contacts designated by a Member which are part of that Member’s database. Client Direct is available only for those Members who have agreed to receive Personalized monthly Marketing Items of Value as part of their Referral Maker PRO Membership.
Customized cover letters and Personalized Marketing Items of Value will be mailed on or shortly after the last business day of the month for anticipated receipt by the Member’s contacts the following month. A Member is responsible for reviewing and approving the customized cover letter and Personalized Marketing Item of Value as well as the contacts designated to receive the cover letter and the Personalized Marketing Item of Value no later than the last business day of the month two months in advance of the month in which the Member’s contact is to receive the mailing.
Members are solely responsible for the accuracy of all changes or customization which the Member makes to the customized cover letter and Personalized Marketing Item of Value, for accurately designating the persons to receive the customized cover letter and Personalized Marketing Item of Value, and for the accuracy of the contact information supplied for those persons.
Video Messaging is an optional digital video messaging service where Buffini & Company, for an additional charge, provides the ability to record, send and track video messages.
Buffini Referral Network is a directory of Buffini & Company Members in specified levels of Membership for the purpose of giving or receiving referrals for the purchase or sale of real estate. Inclusion in the Buffini Referral Network is provided as part of Leadership Coaching, One2One Coaching, Group Coaching and Referral Maker PRO Members at no additional charge. Inclusion in the Buffini Referral Network is available to Referral Maker CRM Members for an additional charge. Any use of the Buffini Referral Network or any contact or communication with Members of the Buffini Referral Network for purposes other than the giving or receiving of referrals for the purchase or sale of a specific item of real estate is prohibited. Information or content you share on the Buffini Referral Network may be seen by other Members.
Buffini & Company is not a party to or a beneficiary of any referral relationship or agreement that Members may establish through the Buffini Referral Network.
In accessing and using the Buffini Referral Network you represent and warrant: (a) you are a Buffini & Company Member in good standing; (b) you are a real estate salesperson or broker with a current and valid license; (c) you have complied and will comply with all real estate licensing laws or other applicable laws in your use of the Buffini Referral Network; (d) you have not misrepresented your identity, status, or any of the information which you submit through or by means of the Buffini Referral Network.
User may not use the Buffini Referral Network for the promotion or marketing of any other products or services.
REALStrengths (formerly known as Heritage) is a personality service where Buffini & Company, for an additional charge, provide a personality profile (“REALStrengths Profile”) or generate a personality assessment (“REALStrengths Assessment”).
In accordance with our Privacy Policy, we may record, store, and use individuals answers and results from REALStrengths Profile or REALStrengths Assessment (collectively, “Personality Services”) for coaching, research, development, and operational purposes.
Personality Services are provided for personal use by the User or Buffini & Company only. Personality Services are not for any psychological or other medically related assessment purposes.
Personality Services are assigned to a User, regardless of whether the User purchased Personality Services directly from Buffini & Company or Personality Services was purchased or provided for User benefit. If a User or other individual or entity (collectively, the "Purchaser") purchases Personality Services for a User, the Purchaser may be granted access to the Users results, but the User will own the results, and the Purchaser may not share the User results without prior consent from the User. Purchasers who receive access to a User results have an obligation to protect the privacy and confidentiality of the User.
Terms for Buffini Certified Mentors
Training: User shall participate in a Certification Course which will be offered online at a cost reflected on the Buffini & Company website which shall be paid by User. Upon successful completion of the Certification Course, User may represent yourself to be a “Buffini Certified Mentor”. User may then train Qualified Students in an Authorized Program. There will be a charge for each Authorized Program.
License: This Agreement constitutes a non-assignable license, personal to User during the term of this Agreement, as follows: (a) Once User have successfully completed the Certification Course (b) Once User become a Buffini Certified Mentor to offer and train Authorized Programs only to Qualified Students during the term of this Agreement using the materials, methods and instructions provided by Buffini & Company after paying any fee that may be charged for each Authorized Program. Any duplication or other dissemination or use of said materials or information is prohibited.
Related Business: A Related Business is a separate real estate services business which is owned, in whole or in part, by the owner of the title, lending or real estate brokerage business with which you are associated.
Qualified Students: For Buffini Certified Mentors, a “Qualified Student” means: (a) a person employed by or associated with you as an independent contractor in the same title, lending or real estate brokerage business with which User are associated or in a Related Business; (b) a person who has entered into a valid Student Order Form and License Agreement with Buffini & Company for an Authorized Program and agreed to the terms of the license restrictions contained therein; and (c) a person who has paid the fees and performed the other obligations required under that Agreement.
Terms Applicable to Buffini Certified Mentors
As a condition to this license, User shall train a minimum of one Qualified Student in one Authorized Program during each 24-month period. This 24-month period shall commence on the first day of the month following the commencement of the Certification Training described herein and shall continue in 24-month increments thereafter.
During the term of this License, User will be granted access to a portion of Buffini & Company’s Service and Software.
There shall be an additional charge for each additional Authorized Program.
The term of this Agreement shall begin on the first day of the Certification Course training described herein and shall continue thereafter month to month from the first day of the following month until terminated.
For purposes of this Agreement, “Authorized Program” means a training program created and owned by Buffini & Company that Buffini Certified Mentors are authorized to present to and train Qualified Students pursuant to the terms, conditions and limitations set forth herein. The training programs which are Authorized Programs may change from time to time. A current list of the training programs which are Authorized Programs can be viewed on the Company website at https://www.buffini.com
User shall not hold themself out to be an agent, partner or representative of Buffini & Company.
Except as provided in this Agreement and except pursuant to the license contained herein, no rights in any Authorized Program or any materials related to an Authorized Program or the Certification Course shall pass to the User under this Agreement. All materials relating to an Authorized Program, materials relating to the certification course as well as the content included in any workbooks, DVDs, computer websites or other materials provided, and all copyrights and trademarks related thereto shall remain the property of Buffini & Company.
User shall not: (a) Train or attempt to train any person in all or part of an Authorized Program unless authorized by this agreement and the license contained herein; (b) use Buffini & Company’s products in a way which is inconsistent with the terms of this Agreement or the License; (c) directly or indirectly charge Qualified Students for participating in an Authorized Program amounts or impose restrictions in addition to those required by Buffini & Company; (d) Train others to conduct an Authorized Program or Certification training or training related to an Authorized Program within or outside Client’s organization; (e) copy, reproduce, capture or modify in any fashion any written materials, DVD’s or other items provided except as authorized by Buffini & Company or the license granted in this Agreement (unless pursuant to the systems taught as part of an Authorized Program); (f) Create or permit the creation of any writings or things containing information derived from the items provided hereunder (unless pursuant to the systems taught as part of an Authorized Program); (g) sell or attempt to re-sell all or any portion of the workbook or other materials provided under this Agreement; (h) grant any sublicense or any other subsidiary use of an Authorized Program or Buffini & Company products except pursuant to this Agreement; (h) violate any law, rule, ordinance or statute in providing training for an Authorized Program.
This Agreement, and the License previously described, shall terminate upon any of the following: (a) This Agreement and License shall terminate automatically if the User fails to satisfy the condition of training at least one Qualified Student in one Authorized Program during each 12-month period. Upon the breach by the User of any of the terms, conditions or restrictions of this Agreement, including but not limited to any financial obligations undertaken herein; (b) If User or anyone acting under or in concert with them engages in any illegal, abusive or unprofessional conduct or conduct which would tend to hold Buffini & Company up to embarrassment or contempt; (c) if Buffini & Company, in its reasonable discretion, determines that the User’s presentation of training for an Authorized Program is unsatisfactory.
User agrees to take appropriate action to prevent or discourage any conduct or actions on the part of student participants or others which may be an infringement or other violation of, or which may result in unauthorized use of an Authorized Program or the writings or other products which are a part of an Authorized Program. If a User, during the term of this Agreement or any extension, becomes employed by or associated with a different real estate business, they will notify Buffini & Company promptly.
This Agreement constitutes a non-assignable license for the Student to use Authorized Program or information provided in conformity with the Offerings or existing business purposes not related to training or coaching. Any other duplication, dissemination or use of said products or information is prohibited. A list of training programs which are Authorized Programs can be viewed on the Company website at https://www.buffini.com
Student may have access to and use of Buffini & Company’s Service and Software, Student’s use of Services and Software shall be governed by those provisions as a User.
Student shall not hold themselves out to be an agent, partner or representative of Buffini & Company.
Student shall not: (a) Train or attempt to train any person in all or part of the Authorized Program unless authorized by this agreement and the license contained herein; (b) use Buffini & Company’s products in a way which is inconsistent with the terms of this Agreement or the License; (c) Train others to conduct Authorized Program or Certification Course training within or outside Student’s organization; (d) copy, reproduce, capture or modify in any fashion any written, printed or digital materials, DVD’s or other items provided except as authorized by Buffini & Company (unless pursuant to the systems taught as part of the Authorized Program); (e) Create or permit the creation of any writings or things containing information derived from the items provided hereunder; (f) grant any sublicense or any other subsidiary use of the Authorized Program or Buffini & Company products except pursuant to this Agreement; (g) sell or attempt to re-sell all or any portion of the workbook or other materials provided under this Agreement; (h) violate any law, rule, ordinance or statute in utilizing the Authorized Program.
Buffini & Company offers in-person, virtual, and broadcast events (collectively, “Events”). The Events may change from time to time. A current list of current Events can be viewed on the Company website at https://www.buffini.com
Content
This order constitutes a personal non-assignable license for you to use any information conveyed orally at the Event, as well as the Event handbook and any other writings provided, in conformity with the information presented at the Event for your personal or business purposes not related to training or coaching. Any other duplication, dissemination, use, sale, or re- sale of said information or writings from any Event is prohibited.
Video or audio recording of all or any portion of any Event is prohibited.
Distribution of any personal or business marketing or promotional materials in the Event location, room or area where an Event is being held is prohibited.
Participation
Attendee authorize Buffini & Company or its agents or contractors to make and use photographs or audio or video footage of me and/or my children and/or any other person who I have registered for an Event for the purpose of marketing, training or for use in the creation of future products. Buffini & Company shall have the right to refuse entrance to or remove any person from an Event whose conduct is objectionable, disorderly, disruptive or in violation of any law.
Refunds
For MasterMind Summit: Cancellations within 60 days of the start of the event will receive a refund, less a $100.00 cancellation fee per person. Registration is not transferable.
For The Peak Experience: Any cancellation within 90 days of the event will receive a refund, less a $500.00 cancellation fee per person. Registration is not transferable.
Buffini & Company offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message (the "Service") on 42706. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy, the Privacy Policy shall govern.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these Terms. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. Buffini & Company & Company reserves the right to stop offering the Service at any time with or without notice. Buffini & Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
Content You May Receive
Once you affirm your choice to opt-in to the Service on 42706, your message frequency may vary. You may receive alerts about:
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Buffini & Company may add or remove any wireless carrier from the Service at any time without notice. Buffini & Company and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Buffini & Company, text the word STOP to 42706 any time or reply STOP to any of the text messages you have received from Buffini & Company. This is the exclusive method for opting out. After texting STOP to 42706, you will receive one additional message confirming that your request has been processed.
Questions
You can text HELP for help at any time to 42706. This will provide you with a toll-free number to call for support at 1-800-945-3485. You can also contact us at Buffini & Company 6349 Palomar Oaks Court Carlsbad, CA 92011.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice. If you do not agree to any such changes, your sole and exclusive recourse is to stop the Service as described above.
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of [Buffini & Company services] will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and [Buffini & Company] hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND [Buffini & Company] ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND [BUFFINI & COMPANY] AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. You and [Buffini & Company] are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. [Buffini & Company], however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.