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Terms of Use
Please review the following terms of use. They govern your use of and purchase of products or services from the Commercial RE Wealth Program™ (the “Program”).
Acceptance of Terms
Your use of this website and/or Program services constitutes your agreement to be bound by and to follow the terms of use stated below and in our Privacy Policy (“Agreement”). The Program reserves the right to update these terms of use at any time without notice to you.
Description of Services
The Program provides a variety of services related to the purchase of real estate, including referrals to brokers and agents, and to lenders and property managers affiliated with the Program (the “Services”). Our web site is a part of the Services we provide to our Program members and to the public.
The information in the Web Site is for educational purposes, and is not to provide specific legal, tax or financial advice. Although care has been taken to provide accurate and current information, you are urged to consult professional legal counsel or a Certified Public Accountant or a licensed financial planner regarding the applicability of any points of law, or taxation or financial planning to any specific problem. Our web site should not be used as a substitute for competent advice from a licensed professional.
In an effort to provide you with service, the information you provide may be referred to an affiliated real estate broker or agent, or lender, or insurance provider (“CREW Partners”) licensed to transact business in a particular location in which you have indicated an interest.
"CREW Partners" are independent persons, entities, agencies, organizations, individuals or establishments with which we do regular business but which maintains autonomy and independence from us. Any information about CREW Partners given to you is an effort to provide you with better services.
Limitation of Liability and Indemnity
By use of this website, you authorize and request Commercial Real Estate Wealth, LLC (collectively referred to as the “Program”) to email you periodic newsletters, notices, and other information to learn more about the concepts, ideas, and strategies presented at Program conferences and meetings.
You understand and agree that the Program is not your agent with respect to any purchases of real estate you may make. You understand that the Program does not employ or control the real estate brokers, agents and/or property managers, attorneys, financial planners, CPAs and accountants, and that no agency relationship exists between them and the Program or between you and the Program regarding their services. In purchasing property, your legal relationship is with them. You hereby grant permission to any real estate broker referred by the Program to forward to the Program a copy of a HUD-1 statement regarding any purchase you make.
You understand and agree that it is your duty and responsibility to inspect properties in person (or have them inspected for you) before deciding to buy, to purchase no more properties than you can afford, and to maintain a reserve of at least six monthly mortgage payments for each property you purchase.
You understand and agree that it is your duty to assess your financial resources and determine if they are sufficient before you make any real estate purchase. You understand that any property you buy may not rent as quickly as you would like, that appreciation, fix up expenses, rent quotes, and rent increases in recommended areas are not guaranteed by the Program, or anyone else, or that future performance of the property may be other than you desire.
You understand and agree it is your duty and responsibility to verify all statements and representations of the real estate brokers, agents and property managers you speak to.
You hereby waive, release and discharge any and all claims against the Program and its officers, employees and agents that may arise from statements, representations, recommendations, actions, or inactions of the Program, or made by real estate brokers, agents and/or property managers, builders, developers, and vendors referred by Commercial Real Estate Wealth.
You voluntarily agree to defend, indemnify and hold harmless Releasees from all claims and liabilities arising from the actions, inactions or communications made by anyone at the Program.
You understand that the Program will rely and take action based upon this waiver and you hereby release the Program as a condition to referring any CREW Partners to you. You understand that any earnest money you deposit for a purchase may not be refundable if you decide not to purchase a property.
You understand that Commercial RE Wealth receives a cooperative fee paid by the seller when you purchase a property through the Program and that you are free to use any real estate broker, agent or property manager of your choice.
This web site and all contents of this web site are provided “AS IS” and “WITH ALL FAULTS” without warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose.
The Program does not warrant that your use of this web site will be uninterrupted or error free or that this web site or its server(s) are free of viruses or other harmful elements. Your use of this web site and/or its content is at your sole risk.
You agree to assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of this web site. The Program shall not be liable to any person or entity for any damages of any kind related to your use of this web site, including by not limited to actual, direct, consequential, special, subsequent, unique or punitive damages, whether or not we have been informed of the possibility of such damages. Although the Program endeavors to provide accurate information, we do not warrant or make any representation regarding the accuracy or reliability of information on this site. Neither shall the Program be liable for any defamatory, offensive, or illegal conduct of any user of our web site. If you are dissatisfied, confused, uncertain or unwilling to abide by these terms of use of this web site or any part of the web site, your sole and exclusive remedy is to discontinue using our web site.
You agree to indemnify, defend and hold harmless the Program, its shareholders, officers, directors, employees, agents, sponsors, CREW Partners, distributors, vendors, advertisers, link partners and any related entities from and against any and all claims including third party claims, demands, liabilities, complaints, costs or expenses, including reasonable attorney fees, that we may incur in our defense resulting or arising out of your use of this web site and/or breach of any of the terms of use of our web site.
Personal and Non-Commercial Use Limitation
Unless you have a specific agreement with the Program otherwise, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Services. Elements of the Program website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Program website may be copied or retransmitted unless expressly permitted by the Program.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE PROGRAM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE SERVICES(S) DESCRIBED HEREIN AT ANY TIME. THE PROGRAM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE PROGRAM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE PROGRAM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE OR THE SERVICES.
Member Account, Password, and Security
The Services provided on this website require you to open an account. To do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Program immediately of any unauthorized use of your account or any other breach of security. The Program will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Program or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you agree to use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Program server, or the Program(s) connected to any Program server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or Programs connected to any Program server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use Of Services
The Services may contain e-mail services, chat areas, news groups, forums, communities, links to commercial web pages, file storage areas and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
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Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
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Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
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Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
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Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another on this website.
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Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
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Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
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Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
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Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
The Program has no obligation to monitor the Communication Services. However, the Program reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The Program reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The Program reserves the right at all times to disclose any information as the Program deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Program's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. The Program does not control or endorse the content, messages or information found in any Communication Services and, therefore, the Program specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Program spokespersons, and their views do not necessarily reflect those of the Program.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided To The Program Or Posted At Any Program Web Site
The Program does not claim ownership of the materials you may provide to the Program via this website (including feedback and suggestions) or that you post, upload, input or submit to any Services or its associated services for review (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting the Program, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all the Program Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. The Program is under no obligation to post or use any Submission you may provide and the Program may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these terms of use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these terms of use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these terms of use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these terms of use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these terms of use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
Links To Third Party Sites
The links on this website will let you leave the Program's site. The linked sites are not under the control of the Program and the Program is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Program is not responsible for web casting or any other form of transmission received from any linked site. The Program is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Program of the site unless so stated.
Unsolicited Idea Submission Policy
The Program or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or services, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when the Program's products or services or marketing strategies might seem similar to ideas submitted to the Program. So, please do not send your unsolicited ideas to the Program or anyone at the Program. If, despite our request that you not send us your ideas and materials, you still send them, please understand that the Program makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Dispute Resolution
You agree that any controversy or claim arising out of, or relating to, the waiver and agreement set forth above or your relationship with the Program shall be settled by private and confidential arbitration in Orange County, California, in accordance with the Commercial Rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The arbitrator must have been a member of the State Bar of California for at least 15 years and be familiar with Internet technology and real estate agreements. The law governing the arbitration shall be the law of California.
Claims of Copyright Infringement
It is the policy of the Program to comply with all U.S. intellectual property laws and to act expeditiously upon receiving notice of claimed infringement.
All notices of claimed copyright infringement should be sent to:
General Counsel
Commercial RE Wealth Program
17310 Redhill Avenue, Ste. 360
Irvine, CA 92614
Notices of claimed copyright infringement must contain the following information:
- A physical signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
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Identification of the material in the copyrighted work that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number, and e-mail address of the complaining party.
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A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
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A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Program will terminate all accounts, subscribers or CREW Partners who are repeat infringers of U.S. intellectual property laws.
Modifications to Terms of Use
The Program reserves the right to change these terms of use at any time. Updated versions of the terms of use will appear on this web site and are effective when posted. You are responsible for regularly reviewing our terms of use. Continuing to use our web site after any such changes constitutes your agreement to such changes.
Severability
You agree that the terms of this Agreement are severable. This means that if any term or provision of this Agreement is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and all remaining terms of the Agreement will remain in full force and effect.
Applicable Law
This Agreement shall be governed by the laws of the State of California without regard to any conflict of law provisions. Any claim or controversy arising under this Agreement, the terms of use, our Privacy Statement or the business relationship between you and the Program shall be resolved exclusively by private arbitration and/or the State Superior Court and/or U.S. District Court located in the County of Orange, California.
Disclaimer
The information you obtain at this web site is not, nor is it intended to be, legal or tax or financial planning advice and should not be construed as attempting to give such advice or to give a warranty of any kind.
Copyright Notice
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