Terms and Conditions

1. Agreeing to these Terms

These Terms and Conditions (the "Terms") govern your use of the ToucanPass website, your ToucanPass account, and the lessons, videos, flashcards, quizzes and other material on it (together, the "Service"). In these Terms, "ToucanPass", "we", "us" and "our" mean the operator of the Service, and "you" means the person using it.

When you create an account, you will be asked to confirm that you agree to these Terms. You cannot create an account without doing so. By using any part of the Service, with or without an account, you agree to these Terms. Our Privacy Policy explains how we handle personal information and forms part of this agreement. If you do not agree, please do not use the Service.

2. What ToucanPass is, and what it is not

ToucanPass is an independent online study resource that helps people prepare for the California real estate salesperson license examination.

• Not affiliated with the State. ToucanPass is not affiliated with, endorsed by, or approved by the California Department of Real Estate (DRE) or any other government agency.
• Not pre-license education. ToucanPass is not a real estate school, and studying here does not count toward the college-level courses California requires before you may take the salesperson examination.
• Not professional advice. The material is for exam preparation only. It is not legal, tax, financial or real estate advice, and it is not a substitute for advice from a qualified professional about a real situation.

For official licensing requirements, applications and examination rules, the DRE is the authority. You are responsible for confirming current requirements with the DRE.

3. Your account

• You must be at least 16 years old to create an account.
• Please give accurate information when you sign up and keep it up to date.
• An account is for one person. Do not share your login or let anyone else use your account.
• Keep your password confidential. You are responsible for activity under your account. If you think someone else has used it, contact us straight away.

4. Price, and the end of free access

The Service is currently offered free of charge during an early-access period while the course is being written. Free access is temporary and is not a promise of continued free use.

• Paid access will replace free access. We intend to begin charging for the Service. When we do, free access ends for all accounts, including accounts created during the free period, and continued access to the course will require a paid plan. Signing up while the Service is free does not entitle you to continued free access, a discount, or any other special terms, unless we expressly offer them to you in writing.
• Notice. We will give you advance notice before free access ends, by email to the address on your account or by a notice on the Service.
• No automatic charges. We do not collect payment details during the free period. You will never be charged unless you choose a paid plan and expressly agree to pay. Free access ending does not, by itself, cost you anything.
• Paid plans. The price, what is included, how long access lasts and any refund terms will be shown to you before you buy, and the Terms in effect at that time will apply.
• Promotional access. We may, at our sole discretion, offer access codes or vouchers that give free or discounted access for a limited time. Whether to offer one, to whom, and on what terms is entirely our decision, and no one is entitled to one. A code has no cash value, cannot be sold or transferred, and ends on the date stated when it is issued.

Other features that are available today may also change, as described in section 10.

5. How you may use the Service

We give you a personal, limited, non-exclusive, non-transferable and revocable permission to use the Service for your own exam preparation. You agree not to:

• copy, download in bulk, republish, sell, or share the lessons, videos, flashcards, quizzes, diagrams or explanations, or make other works from them;
• use the material to run a course, a tutoring business, or any commercial product;
• scrape, crawl or harvest the Service by automated means, including to train or feed an artificial intelligence system;
• share your account or sell access to it;
• try to get around any login, access control or security measure, or access data that is not yours;
• interfere with or overload the Service, or introduce malicious code; or
• use the Service in any way that breaks the law or the rights of others.

6. Who owns the material

The Service and everything on it, including text, videos, flashcards, quiz questions, explanations, diagrams, icons, the ToucanPass name and the toucan logo, belong to ToucanPass or the people who licensed them to us, and are protected by copyright and other laws. Apart from the permission in section 5, these Terms give you no rights in them. Laws, regulations and official forms that we quote or refer to remain public material and are not claimed by us.

7. Feedback

If you send us suggestions or report an error, you agree that we may use that feedback to improve the Service without owing you anything for it.

8. Accuracy, and no guarantee of passing

We check California rules against the law as it reads when each lesson is written, and we correct mistakes we find. Even so, laws, regulations and exam content change, and the material may contain errors or fall out of date. We do not promise that the Service is complete, accurate or current at any particular moment.

Your result on any examination depends on many things outside our control. We do not guarantee that you will pass any examination or obtain any license.

9. Other services we rely on

The Service is run with the help of other companies, such as our database and sign-in provider, our website host, our video host and our contact-form provider. They are listed in our Privacy Policy. The Service also links to sites we do not control, such as the DRE. We are not responsible for other sites or services, and your use of them is governed by their own terms.

10. Changes to the Service

The course is still being written, so topics, videos, flashcards and quizzes will be added, revised and sometimes removed. We may change, suspend or stop any part of the Service at any time. Where a change significantly affects you, we will try to give reasonable notice.

11. Disclaimer

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise that the Service will be uninterrupted, secure or free of errors.

12. Limit on our liability

To the fullest extent permitted by law, ToucanPass will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, opportunity or goodwill, arising out of or relating to the Service or these Terms, even if we were told such damages were possible. To the fullest extent permitted by law, our total liability for all claims relating to the Service or these Terms is limited to the greater of the amount you paid us in the 12 months before the claim arose and fifty U.S. dollars (US $50).

Some laws do not allow certain warranties or liabilities to be excluded or limited. Where those laws apply to you, the exclusions and limits above apply only to the extent those laws allow.

13. Your responsibility to us

To the extent permitted by law, you agree to cover ToucanPass for any claims, losses and reasonable costs, including reasonable legal fees, that arise from your breach of these Terms or your misuse of the Service.

14. Ending your account

You may stop using the Service at any time. To have your account deleted, contact us from the email address on the account, and we will delete it as described in the Privacy Policy.

We may suspend or close an account that breaks these Terms, puts the Service or other people at risk, or where the law requires it. Where it is reasonable to do so, we will tell you why. Sections 6, 7, 8, 11, 12, 13, 16 and 17 continue to apply after your account ends.

15. Changes to these Terms

We may update these Terms from time to time. We will post the new version on this page with a new "Last updated" date. If a change is significant, we will also give you notice before it takes effect, for example by email or by a notice when you log in. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not accept them, please stop using the Service and ask us to delete your account.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. If you have a concern, please contact us first so we can try to resolve it informally, and give us 30 days to do so. If it is not resolved, either of us may bring a claim in the state or federal courts located in California, and both of us consent to their jurisdiction. Either of us may bring a qualifying claim in small claims court instead. Nothing in this section takes away any right you have under consumer protection laws that cannot be waived.

17. General

• These Terms, together with the Privacy Policy, are the whole agreement between you and ToucanPass about the Service.
• If any part of these Terms is found unenforceable, the rest stays in effect.
• If we do not enforce a term straight away, we have not given up the right to enforce it later.
• You may not transfer your rights under these Terms. We may transfer ours as part of a reorganisation, merger or sale of the Service.
• Neither of us is responsible for delays or failures caused by events beyond reasonable control.

18. Contact

Questions about these Terms? Use our contact form. If your message is about your account, please send it from the email address you signed up with.