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TERMS OF SERVICE

1. Parties & Scope

1.1. These Terms of Service ("Terms") govern your access to and use of the LMS services ("Services") provided by Prime Real Estate Values and Integrated Learnings (PREVAIL), Inc., a registered real estate educational organization in the Philippines, and its employees, contractors, affiliates ("we", "us", "our").

1.2. "You" refers to any user of the LMS, including but not limited to students, teachers/instructors, parents or legal guardians (where applicable), and any other third-party users. See Data Privacy Policy here

1.3. By accessing or using the LMS, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree, you must not access or use the LMS.

2. Eligibility, Accounts & User Obligations

2.1. Eligibility. You must be of legal age (18 years or older) to agree to these Terms, or if under 18, your parent or legal guardian must agree on your behalf.

2.2. Account Registration. When you register, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials, and for all activity that occurs under your account.

2.3. Permitted Use. You agree to use the LMS only for lawful educational purposes, consistent with the mission and policies of Prime Real Estate Values and Integrated Learnings (PREVAIL), Inc. You will not:

  • attempt to gain unauthorized access to LMS systems or data;
  • use the LMS in any way that could damage, disable or impair it;
  • use automated tools (bots, spiders, etc.) unless expressly permitted;
  • share your login credentials or allow others to use your account.

2.4. Compliance with Laws & Policies. You must obey all applicable local, national, and international laws, as well as institutional rules, including academic integrity, copyright laws, data protection laws (e.g., Philippine Data Privacy Act), and any rules laid out in course/instructor syllabi.

3. License, Intellectual Property & Content

3.1. Content Ownership. All materials, courses, modules, multimedia, software, and other content made available through the LMS ("Content") are owned or licensed by Prime Real Estate Values and Integrated Learnings (PREVAIL), Inc. or third parties, and protected by copyright, trademark, and other intellectual property laws.

3.2. User-Generated Content. You may be permitted to submit or upload content (e.g., assignments, discussion posts, multimedia). By doing so, you grant Prime Real Estate Values and Integrated Learnings (PREVAIL), Inc. a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, display, and modify your content for educational, administrative, promotional, or archival purposes.

3.3. Restrictions. You shall not copy, distribute, broadcast, publicly display or exploit any content (other than your own) for commercial purposes, or infringe any intellectual property rights. Any misuse may lead to suspension or termination of access.

4. Privacy, Data & Security

4.1. Data Collection. We collect personal and technical data as needed to provide the Services (e.g., name, email, student ID, mobile number, device info, IP address). Data will be handled in accordance with our Privacy Policy and applicable laws (such as the Data Privacy Act of 2012).

4.2. Use of Data. Data may be used for educational assessment, performance tracking, system improvement, analytics, and other internal uses. We may also use anonymized or aggregated data.

4.3. Security. We implement reasonable technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction. However, no system is perfectly secure, so we cannot guarantee absolute security.

5. Fees, Payment & Access

5.1. Fees. Subscription or other fees for access, must be paid first prior to gaining access to your LMS account. You agree to pay all applicable fees in a timely manner.

5.2. Termination of Access. We reserve the right to suspend or terminate your access to the LMS (or parts thereof) if you breach these Terms, for non-payment or for misconduct. Upon termination, your access ceases, though certain provisions (e.g., intellectual property, liability) survive.

6. Disclaimers & Limitation of Liability

6.1. "As-Is" Basis. The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose, quality, accuracy, reliability, or non-infringement.

6.2. No Guarantees. We do not guarantee that the LMS will be uninterrupted, secure, error-free, or free from viruses or other harmful components. We are not liable for downtime due to maintenance, technical failures, or other causes beyond our control.

6.3. Limitation of Liability. To the fullest extent allowed by law, Prime Real Estate Values and Integrated Learnings (PREVAIL), Inc., its officers, employees, affiliates, licensors, etc., shall not be liable for any indirect, incidental, special, consequential or punitive damages (e.g., loss of profits, data, educational opportunity) arising out of your use of or inability to use the LMS.

7. Modifications to Terms & Service

7.1. Amendments. We may modify or update these Terms from time to time. If changes are material, we will attempt to notify users (e.g., via email or in-LMS notification). Revised Terms become effective upon posting (or on a date specified).

7.2. Your Continued Use. Continued use of the LMS after revision constitutes your acceptance of the modified Terms. If you do not agree, you should stop using the LMS.

8. Termination

8.1. We may suspend or terminate your account or access to the LMS if you violate these Terms, or for any other reason, at our discretion.

8.2. You may also terminate your participation by discontinuing use. In case of paid services, termination does not entitle you to refund, unless otherwise specified in relevant payment/refund policy.

8.3. Provisions which by their nature are intended to survive termination (e.g., ownership, disclaimers, liabilities) will continue to apply even after termination.

9. Governing Law & Dispute Resolution

9.1. Governing Law. These Terms and your access/use of the LMS are governed by the laws of the Republic of the Philippines.

9.2. Dispute Resolution. Any dispute arising from or related to these Terms or your use of the LMS shall first be attempted to resolve by informal discussion. If unresolved, disputes may be submitted to mediation or arbitration as agreed, or otherwise resolved in courts of competent jurisdiction in the Philippines.

10. Miscellaneous Provisions

10.1. Severability. If any provision of these Terms is found to be unenforceable, the remainder still applies.

10.2. Waiver. Failure by Prime Real Estate Values and Integrated Learnings (PREVAIL), Inc., to enforce any right or provision in these Terms does not constitute a waiver of such right or provision.

10.3. Entire Agreement. These Terms, together with the Privacy Policy, any payment policy, acceptable use policy, or other related policy, constitute the entire agreement between you and Prime Real Estate Values and Integrated Learnings (PREVAIL), Inc., regarding the LMS.

10.4. Contact Information.
For questions about these Terms, you may contact us at:
Prime Real Estate Values and Integrated Learnings (PREVAIL), Inc.,
Email: prevail.seminars@gmail.com
Phone: 0917-PREVAIL (7738245) | 0908-4146328

Last Updated: September 30 2025