Please review the following terms of use. They govern your use of and purchase of products or services from the Marshall Reddick® Real Estate Network™ (the “Network”).
Acceptance of Terms
Your use of this website and/or Network services constitutes your agreement to be bound by and to follow the terms of use stated below and in our Privacy Statement (“Agreement”). The Network reserves the right to update these terms of use at any time without notice to you.
Description of Services
The Network provides a substantial variety of services related to the purchase of real estate, including by way of example Marshall Reddick® University, which has an extensive catalog of courses on real estate purchasing and management. The Network can also direct its members to real estate brokers and agents, and to lenders and property managers affiliated with the Network (all of the foregoing are hereafter referred to as “Services”).
Our web site is a part of the Services we provide to our Network 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.
Dr. Reddick intends for the Network to function as a finder, not a broker or agent
for purchasing real estate. This means you must look to a specific broker or agent
affiliated with a specific property to obtain purchasing terms for the specific
property you are interested in.
In an effort to provide you with service, the information you provide may be referred to Affiliates, such as for example, an affiliated real estate broker or agent, or lender, or insurance provider licensed to transact business in a particular location in which you have indicated an interest.
"Affiliates" 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 non-affiliates given to you is an effort to provide you with better services.
By use of this website, you authorize and request Marshall Reddick® Seminars and
Marshall Reddick® Realty (collectively referred to as the “Network”) to email you
periodic newsletters, notices, and other information to learn more about the concepts,
ideas, and strategies presented at Network seminars.
Assumption of Risk, Limitation of Liability and Indemnity
Assumption of Risk: You understand and agree that investing in real estate involves significant
risk and is not suitable for all investors.
Risks include but are not limited to real estate market risks, economic risks, and
risks related to service providers, such as but not limited to brokers and property
managers.
You hereby affirm that you
are voluntarily participating in investing in real estate with knowledge of the
risks involved and you agree to accept any and all risks of loss or damage which
your investing in real estate may entail.
You understand and agree that it is
your duty and responsibility to engage in a serious due diligence
investigation regarding any property you may be interested in purchasing, to have
an independent legal review of my real estate purchase documents, to inspect properties
in person (or have them inspected in person for you) before deciding to buy. You
understand and agree that it is your
duty 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 own financial resources and determine they are sufficient before
you make any real estate purchase. You understand and agree that the property you
buy may not rent as quickly as you would like or expect, that appreciation, fix
up expenses, rent quotes, and rent increases in recommended areas are not guaranteed
by the Network or anyone else or that future performance of the property may be
other than you desire. You understand it is
your duty and responsibility to verify all statements and representations
of the real estate brokers, agents and property
managers you may deal with.
You understand and agree that the Network is a mere finder
and is not your agent with respect to any purchases of real estate you may make.
You understand that the Network
does not employ or control the real estate brokers, agents and/or property managers,
attorneys, financial planners, CPAs and accountants, or property tracker software to whom the
Network directs your attention, and that no agency relationship exists between you and the Network regarding their services. In purchasing
property, your legal relationship is with the real estate broker or agent handling
your particular
purchase. You hereby grant permission to any real estate broker to whom you
have been directed for information and assistance by the Network to forward to the Network a copy
of a HUD-1 statement regarding any purchase you make.
You hereby waive, release and discharge
any and all claims against
the Network and its officers, employees and agents, Marshall Reddick, and Marshall
Reddick’s mentors, the sponsoring college or university, and
their staff (collectively “Releasees”) you may have that arise from statements, representations,
recommendations, actions, or inactions of the Network, or made by real estate brokers,
agents and/or property managers, builders, developers, and vendors to whom you have been directed
for information and assistance by the Network. You voluntarily agree to defend, indemnify and hold harmless Releasees
from all claims and liabilities resulting from,
or in any manner arising out of, any negligence on Releasees’ part, or misstatements,
intentional or otherwise, that you may make to the Network, to lenders, real estate
brokers or agents, or property managers. You understand
that the Network will rely and take action based upon this waiver and indemnification, and you hereby
release the Network as a condition of being directed to any real estate brokers, agents,
and/or property managers or Affiliate by the Network for information
and assistance. 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 the Network receives
a service fee when you purchase a property using a broker to
whom your attention has been directed by the Network and that you are free to use any real estate broker, agent or
property manager of your own choice. You understand that problems occur when a Network member purchases more than one property at a time in the same area and you will
not do so.If you do so,
you understand and agree that you take full responsibility and risk that any decision
to buy more than one property at a time in the same State may not work to your financial
advantage.
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 Network 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 Network shall not be liable to any person or entity for any damages
of any kind related to the use of this web site, including by not limited to actual,
direct, consequential, special, subsequent, unique or punitive damages, whether
or not the Network has been informed of the possibility of such damages. Although the Network
endeavors to provide accurate information, the Network does not warrant or make any representation
regarding the accuracy or reliability of information on this site. Neither shall
the Network 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 Network, its shareholders, officers, directors, employees,
agents, attorneys, sponsors, affiliates, 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 the Network 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 Network 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 Network 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 Network
website may be copied or retransmitted unless expressly permitted by the Network.
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 NETWORK 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 NETWORK 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 NETWORK 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 NETWORK 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 and to become
a member of the Network. 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 Network immediately
of any unauthorized use of your account or any other breach of security. The Network
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 Network 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 not 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 Network server, or the network(s) connected to any Network 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 networks connected to any Network server or to any of the Services, through hacking,
password mining, reverse engineering, 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:
- 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).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
- 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.
- 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.
- 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.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Services specifically allows such messages.
- 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.
- 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.
- 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 Network has no obligation to monitor the Communication Services. However, the
Network reserves the right to review materials posted to the Communication Services
and to remove any materials in its sole discretion. The Network reserves the
right to terminate your access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever or no reason.
The Network reserves the right at all times to disclose any information as the Network
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 Network's sole discretion.
Always use caution when giving out any personally identifiable information about
yourself or your children in any Communication Services. The Network does
not control or endorse the content, messages or information found in any Communication
Services and, therefore, the Network specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation
in any Communication Services. Communications Services managers and hosts are not authorized Network spokespersons,
and their views do not necessarily reflect those of the Network.
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 Network Or Posted At Any Network Web Site
The Network does not claim ownership of the materials you may provide to the Network
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 Network, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their businesses (including, without limitation, all the Network
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 Network is under no obligation to post or use any Submission you may
provide and the Network 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 contains 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 Network's site. The linked sites
are not under the control of the Network and the Network 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 Network is not responsible for webcasting or any other
form of transmission received from any linked site. The Network is providing these
links to you only as a convenience, and the inclusion of any link does not imply
endorsement by the Network of the site unless so stated.
Unsolicited Idea Submission Policy
The Network or any of its employees do not accept
or consider unsolicited ideas, including but not limited to 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 Network's products or services or marketing strategies might seem similar to
ideas submitted to the Network. So, please do not send your unsolicited ideas to
the Network or anyone at the Network. If, despite our request that you not send
us your ideas and materials, you still send them, please understand that the Network
makes no assurances that your ideas and materials will be treated as confidential
or proprietary to
you.
Claims of Copyright Infringement
It is the policy of the Network to comply with all intellectual property laws
and to act expeditiously upon receiving notice of claimed infringement.
All notices of claimed copyright infringement should be sent to:
John C. Lautsch, General Counsel
Marshall Reddick® Real Estate Network
17100 Gillette Avenue
Irvine, CA 92614
T: 949.885.8892
F: 949.885.8187
E: jlautsch@marshallreddickseminars.com
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.
- 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.
- 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.
- 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 Network will terminate all accounts, subscribers or Affiliates who are repeat
infringers of U.S. intellectual property laws.
Modifications to Terms of Use
The Network 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.
No modification of these terms of use may be made by any person or entity other than by the Marshall Reddick® Real Estate Network.
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.
Dispute Resolution
You agree that any controversy or claim arising out of, or relating to, this Terms
of Use of Website and Network Services, or your relationship with the Network, including
issues relating to arbitrability, shall be resolved pursuant to the Federal Arbitration
Act by private, confidential, binding and final arbitration in Orange County, California, administered by the American Arbitration Association in accordance
with the Commercial Rules of the American Arbitration Association then existing,
and judgment on any
arbitration award shall be final and non-appealable, except as authorized by law,
and 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. Copies of the American Arbitration Association’s rules may be viewed at its web site at: www.adr.org.
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 Network 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.
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Copyright Notice
Copyright ©2007 Marshall Reddick® Real Estate Network. All rights reserved.