Acceptance of this Agreement. Your access to and use of the Site is subject to the Policy. You will not use the Site for any purpose that is unlawful or prohibited by any applicable federal, state, or local law, any international law, or this Policy. Use of this Site, and clicking the below “acceptance” icon, means you accept, without limitation, the terms, conditions, and disclaimers contained in this Policy. Please read the Policy carefully, as it is your, as the user, responsibility to review this Policy periodically. If, at any time, you disagree with any of the terms contained in this Policy, you may not use the Site or any of its functionalities. Please note the Policy may be revised at any time without prior notice. You confirm, represent and warrant that by using the Site, you are at least 18 years of age.
Not Advice. The contents and information provided on the Site is intended only to inform and does not constitute advice. The contents and information provided on the Site should not be relied upon in making, or refraining from making, any decision.
No Guarantee. Wealth by Real Estate makes no guarantee that the use of the Site or its content, information, or materials will result in any particular outcome for any user. By using the Site, you expressly acknowledge that use of Wealth by Real Estate courses are not guaranteed to increase your income or sales and you acknowledge that use of the Site is at your own risk.
Links to Third-Party Websites. The Site may include links to third-party websites that are controlled and maintained by other entities. Any link to a third-party website is not an endorsement of such website. By your continued use of the Site, you acknowledge and agree that Wealth by Real Estate is not responsible for the content or availability of any such third-party website(s).
Reservation of Rights. The Site and Wealth by Real Estate expressly reserve the right to deny, cancel, terminate, suspend, lock, discontinue or modify access to or control of (or otherwise instruct such actions against) any user, member account or services available through the Site for any reason (as determined by Wealth by Real Estate, in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made on the Site in offering or delivering any services; (ii) to assist with our fraud and abuse detection and prevention efforts; (iii) to comply with court orders and applicable local, state, federal and international laws, rules and regulations; (iv) to comply with requests of law enforcement, including subpoena requests; (v) to comply with any dispute resolution process; (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; (vii) to avoid any civil or criminal liability; or (viii) in the event of your breach of this Policy or any other policy referenced herein.
User Responsibility. Each user assumes all responsibilities for use of the Site, and by doing so waives and releases all claims against Wealth by Real Estate, and its respective officers, directors, members, managers, agents, partners, employees, suppliers, and programmers, that may arise from your use of the Site.
Confidentiality. The Site contents, information, and materials are wholly confidential. By using the Site you agree to not share or disseminate any content, information, or materials from the Site to any third party and that doing so would cause Wealth by Real Estate irreparable harm which may be impossible to measure or remedy.
Website Availability. From time to time, the Site may be inaccessible or inoperable for any reason, including but not limited to equipment malfunction or periodic maintenance. You acknowledge and agree that Wealth by Real Estate lacks complete control over the continuous or uninterrupted availability of the Site and the content provided therein, and Wealth by Real Estate assumes no liability to you or any user with regards to the Site’s availability.
License and Website Access. Your use of the Site shall be governed by a limited license of use granted to you to access and make use of the Site. Such limited license is granted upon the acceptance of this Policy. Your license does not permit you to download (other than as necessary for page viewing) or modify the Site, or any portion of the Site, except with Wealth by Real Estate’s express written consent. This license does not include any resale or commercial use of the Site or any content or information provided therein; any derivative use of the Site or any content or information provided therein; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without the express written consent of Wealth by Real Estate. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form contained on the Site) of the Site without the express written consent of Wealth by Real Estate. Any unauthorized use of the Site automatically terminates your limited license to use the Site.
You agree that you will not directly or indirectly upload, input, or otherwise send the Site or Wealth by Real Estate any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or any material that constitutes malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of "spam." You agree not to attempt illegal or unauthorized entry into any computer system maintaining the Site, to attempt to access sensitive system information on or in any way related to or supporting the Site, to access or track the information of other Site users, or to use the Site for any other illegal or unauthorized activity. You may not use a false email address, impersonate any person or entity, or otherwise mislead or misrepresent your identity in any manner related to use of the Site.
Intellectual Property Rights. All content on the Site is federally protected intellectual property, owned, or validly licensed by Wealth by Real Estate and protected by United States Copyright laws. As such, the Site and all content and information contained on the Site may not be copied, reused, repurposed, distributed, published, licensed, used or reproduced by any user or third party, in any way, without the express written consent of Wealth by Real Estate. The Site and the logo affiliated with and attached to the Site are trademarks which belong to Wealth by Real Estate, and the same may not be used, copied, or reproduced in any way without written consent from Wealth by Real Estate. The Site and all content on the Site are protected by Intellectual Property Rights. For purposes of this Policy, "Intellectual Property Rights" include the following (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
Limitation of Liability. Use of the Site, and all content and information provided on the Site, is provided to you on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
By using the Site and accepting this Policy, you agree to WAIVE AND RELEASE the Site and Wealth by Real Estate from any liability, now known or unknown, in any way related to your use of the Site, and further agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Site and Wealth by Real Estate, including but not limited to its respective officers, directors, members, managers, agents, partners, employees, suppliers, and programmers, from any and all actions, liability, damages, or proceedings in any way related to your use of the Site and the content provided therein. Such release, waiver and indemnity shall include any and all damages, regardless of the type, and including without limitation any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site.
Wealth by Real Estate makes no representation or warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive. You expressly agree that your use of the Site is at your sole risk, and that you expressly ASSUME ALL RISKS associated with accessing and using the Site.
Content Submission. Any information, communications, images, or materials you submit to the Site, by email or otherwise, are deemed non-confidential and unprotected related to any Intellectual Property Rights, and Wealth by Real Estate is free to use and reproduce such information on the Site freely and for any purpose. You agree that Wealth by Real Estate is free to use any ideas or concepts contained in any such communication for any purpose whatsoever, including developing, promoting, or discussing the Site. Any such use is without compensation to you, and you waive and release any claim you may have that any use of such material violates any of your rights, including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the manner in such material is used on the Site or the right to any compensation for such use on the Site.
Modifications to the Service and Prices. Prices for services contained on the Site are subject to change without prior notice. Wealth by Real Estate reserves the right at any time to modify or discontinue any service (or any part or content thereof) contained on the Site without prior notice to any user or member at any time. Wealth by Real Estate shall not be liable to you or to any third party for any modification, price change, fee structure change, suspension or discontinuance of any service provided, or previously provided, on the Site.
Accuracy, Completeness, and Timeliness of Information. Wealth by Real Estate is not responsible for the accuracy, completeness or timeliness of any information or content provided on the Site. No representation or warranty is made as to the accuracy, completeness or timeliness of any information or content provided on the Site. The content and information provided on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. To the extent the Site contains any historical information, such information is not current and is provided for your reference only. Wealth by Real Estate has no obligation to update any information on the Site.
Wealth by Real Estate reserves the right, but is not obligated, to limit the sales of any services provided on the Site to any person, geographic region, or jurisdiction, which may be exercised on a non-discriminatory (based on United States laws) case-by-case basis. All descriptions of services or service pricing on the Site are subject to change at any time without notice, at the sole discretion of Wealth by Real Estate. All content related to service fees on the Site are limited to availability. The Site does not warrant that the quality of any services, information, or other material purchased or obtained by you through the Site will meet your expectations.
Termination. This Policy is effective unless and until terminated by Wealth by Real Estate. If, in the sole judgment of Wealth by Real Estate, you fail, or Wealth by Real Estate suspects that you have failed, to comply with any term or provision of this Policy, Wealth by Real Estate may terminate this Policy as it relates to you, at any time and without prior notice, which shall terminate your access to the Site. In any termination as described herein, you will remain liable for all amounts due up to and including the date of termination. All obligations and liabilities incurred under this Policy prior to the termination date shall survive termination.
Notwithstanding any other term or provision of this Policy, Wealth by Real Estate reserves the right to limit or deny access to any user in Wealth by Real Estate’s sole discretion, so long as such determination is not based on illegal purposes (such as discrimination as provided under United States laws).
Account. In order to access some or all of the Site content, materials, and services, you will be required to create an account for the Site. When creating such an account, you agree to: (a) provide true, accurate, current, and complete information about yourself (the "Account Data") and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. Failure to do so shall constitute a breach of this Policy, which may result in immediate termination of your access to or use of the Site and any services offered on the Site. Should you choose to create an account with the Site, you will be required to choose account login information, such as a password and username, and you are responsible for maintaining the confidentiality of your account login information. The Account holder is solely responsible for all activities that occur under the account, whether authorized or not. You agree to immediately notify the Site of any unauthorized use of your account or any other breach of security. The Site will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account login information.
Site Features and Rules
Proprietary Materials. The Site is owned and operated by Wealth by Real Estate. The visual interfaces, graphics, design, compilation, information, computer code (including but not limited to source code and object code), software, services, content, videos, exercises, materials, and al other elements of the Site are property of Wealth by Real Estate and are protected by United States and international copyright, patent, and trademark laws, international conventions, treaties, and other applicable laws governing intellectual property and proprietary rights. The Site and all content, materials, trademarks, service marks, and trade names contained on or available through the Site are owned by or licensed to Wealth by Real Estate and Wealth by Real Estate reserves all rights therein and thereto not expressly granted by these Terms.
Breach of Confidentiality. Breach of these Terms for sharing, disseminating, or otherwise transmitting any Site content, information, or materials to any third party will cause Wealth by Real Estate irreparable harm which may be impossible to measure or to remedy. As such, by using the Site, you agree that a Breach of Confidentiality is willful and wonton action subjecting the breaching party to exemplary damages as well as all attorneys’ fees, and costs associated with any action taken to enforce these Terms.
Attorneys’ Fees. In the event that Wealth by Real Estate shall bring an action or legal proceeding for an alleged breach of any provision of these Terms or any representation, warranty, covenant or agreement herein set forth, or to enforce, protect, determine or establish any term, covenant or provision of these Terms or the rights hereunder of either party, Wealthy by Real Estate shall be entitled to recover, as a part of such action or proceedings, or in a separate action brought for that purpose, reasonable attorneys’ fees and costs, expert witness fees and court costs as may be fixed by the court or jury.
Indemnity. You agree to indemnify and hold harmless the Site and Wealth by Real Estate, including without limitation its members, shareholders, owners, officers, directors, managers, employees, contractors, agents, successors, and assigns, from and against all claims, actions, liabilities, legal fees, damages, losses, costs and other expenses in any way related to use of the Site.
Severability. In the event that any provision of this Policy is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or Wealth by Real Estate from any relevant competent authority, this Policy shall be interpreted in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
Choice of law. Wealth by Real Estate is a registered trade name of Wealth by Real Estate, LLC, a Colorado limited liability company. This Policy and all matters arising from it, and all use related to the Site, shall be governed by, and construed in accordance with the laws of Colorado, exclusive of its choice of law rules.
Arbitration. Any controversy or claim arising out of or relating to this contract shall be determined by arbitration in accordance with the Commercial Rules of the American Arbitration Association in Denver, CO.
Entire Agreement. This Policy, together with any documents expressly referred to herein, contain the entire agreement between you and Wealth by Real Estate relating to the subject matter covered in the Policy, and supersedes any previous agreements, arrangements, undertakings, or proposals, written or oral related to use of the Site. In agreeing to this Policy, you have not relied on any representation other than those expressly stated in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Policy.
Non-Waiver. No failure by Wealth by Real Estate to enforce of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and in no condition shall a waiver by Wealth by Real Estate be construed as a waiver with respect to any other or subsequent breach.
Electronic Communications Policy and Consent. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) from Wealth by Real Estate.
DCMA Policy. Wealth by Real Estate is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions as set forth herein. Notifications of claimed intellectual property infringement should be sent to our mailing address via certified mail to: 1221 S Clarkson St., Denver, CO, 80210.
You must provide all of the following information when providing notice of the claimed intellectual property infringement: 1. Your signature. We need a physical signature or the signature of a person authorized to act on behalf of the intellectual property owner; 2. A description of your proprietary material. You must identify the intellectual property claimed to have been infringed; 3. A description of the infringing material. You must identify the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material (e.g., a URL); 4. Your contact information. We need information that is reasonably sufficient to permit us to contact you or the intellectual property owner, such as an address, telephone number, and, if available, an email address; and 5. Three affirmations under penalty of perjury. We need: a. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or law; b. A statement that the information in the notification is true and accurate; and c. A statement that you are authorized to act on behalf of the intellectual property owner.
For more details on the information required for valid notification of copyright under the Digital Millennium Copyright Act (“DMCA”), see 17 U.S.C. 512(c)(3). You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees. And, under 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you of that access.