THINK MULTIFAMILY, LLC
EDUCATION MEMBERSHIP AND LICENSE AGREEMENT
NOTICE TO USER/PURCHASER/MEMBER: PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING A MEMBERSHIP AND/OR ATTENDING THINK MULTIFAMILY, LLC EVENT(S), YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT PURCHASED THE MEMBERSHIP AND ON WHOSE BENEFIT IT IS USED. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE A MEMBERSHIP.
In consideration for the payment of the Membership Fee, Think Multifamily, LLC (hereinafter referred to as “TM”, “we” or “us”) grants the purchaser of the membership (“Member”), subject to the terms and conditions of this Membership and License Agreement (“Agreement”), a Student Membership in the TM Workshop System (the “Program”) and all the benefits adherent to such Membership for the term as indicated herein.
TERM OF MEMBERSHIP/NO OBLIGATION TO CONTINUE MEMBERSHIP
EXPIRATION OF INITIAL TERM/ANNUAL UPDATE FEE
TERMINATION OF MEMBERSHIP
LIMITED NON-EXCLUSIVE LICENSE
OWNERSHIP AND LIMITATION OF LICENSE
PUBLICATION OF WORKSHOPS
As a benefit of Membership, Member is entitled to reasonable support for the Program and the Program Materials. Members may email [email protected] with any questions.
USE OF PROFESSIONAL JUDGMENT
NO OTHER WARRANTIES
THE PROGRAM MATERIALS ARE PROVIDED “AS IS” WITH NO GUARANTEE OF COMPLETENESS, ACCURACY OR TIMELINESS. TM DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PROGRAM OR THE PROGRAM MATERIAL WILL BE ERROR FREE, OR THAT MEMBER WILL ACHIEVE ANY EXPECATIONS THAT MEMBER HAS FOR THE PROGRAM OR PROGRAM MATERIAL, INCLUDING SUCCESSFUL DEALS IN BUYING OR SELLING REAL PROPERTIES, APARTMENT BUILDINGS, OR OTHER MULTIFAMILY PROPERTIES. EXCEPT AS PROVIDED FOR HEREIN, TM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF AVAILABILITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TM SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF MEMBER’S USE OF THE PROGRAM MATERIAL OR FOR ANY RELIANCE ON ANY INFORMATION PROVIDED BY OR IN THE PROGRAM MATERIALS, EVEN IF TM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TM’S LIABILITY TO MEMBER FOR ANY CLAIM FOR DAMAGES RELATING TO THE PROGRAM AND/OR THE PROGRAM MATERIALS, REGARDLESS OF THE FORM OF THE ACTION, AND WHETHER BASED IN CONTRACT OR TORT, SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT OF THE MEMBERSHIP FEE AND ANY RENEWAL FEES PAID BY MEMBER.
MEMBER RECOGNIZES AND AGREES THAT TM HAS MADE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, PROJECTIONS, REPRESENTATIONS, OR GUARANTEES WHATSOEVER TO MEMBER ABOUT FUTURE PROSPECTS OR EARNINGS, OR THAT MEMBER WILL EARN ANY MONEY OR CLOSE DEALS, WITH RESPECT TO THE MEMBERSHIP, INCLUDING, BUT NOT LIMITED TO, THE PROGRAM AND PROGRAM MATERIALS, AND THAT TM HAS NOT AUTHORIZED ANY SUCH PROJECTION, PROMISE, OR REPRESENTATION BY OTHERS.
GOVERNING LAW/FORUM SELECTION CLAUSE
CLASS ACTION WAIVER
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.”
BY REDEEMING OR PURCHASING A MEMBERSHIP AND USE OF THE CURRICULUM, YOU AGREE NOT TO SUE TM, ITS AFFILIATES, OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF THE USE OF THE CURRICULUM.