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TMF Circle, LLC Coaching Terms of Use

Updated 8/01/2024


Think Multifamily Terms and Conditions of Use and information exchanged in any manner such as website (www.thinkmultifamily.com), program material (e.g., videos, templates, question & answer), bus tours, conference calls, meetings hosted by TMF Circle, LLC (“TMF”). TMF Circle, LLC, its subsidiaries, and affiliates, requires that all the visitors to our site(s) and at any meetings hosted by TMF adhere to the following rules and regulations.

By accessing the Site and attending the meeting(s) you indicate your acknowledgment and acceptance of these terms and conditions.  

APPLICATION OF TERMS

These Terms apply to your use of www.thinkmultifamily.com web site or any membership sites.  By accessing and using the Website: you agree to these Terms; and where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorized to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. If you do not agree to these Terms, you are not authorized to access and use the Website, and you must immediately stop doing so. Your access and use of the www.thinkmultifamily.com web site or any membership sites as a service offering is governed by the Terms of Service.  

General Terms of Use And Information Given

The information contained on the www.thinkmultifamily.com web site or any membership sites and within any meetings hosted is provided by TMF Circle, LLC (“TMF”) and is provided for educational and informational purposes only and should not be construed as investment advice or as an offer to perform investment advice on any subject matter, including the purchase and/or sale of real property.

There are numerous programs and/or meetings that teach real estate investing.  TMF is different.  The information and/or information discussed on TMF’s website and in meetings and/or meet-ups is information developed and created by TMF. The information is not guaranteed to be correct, complete, or current. TMF makes no warranty, expressed or implied, about the accuracy or reliability of the information on this website or at any meeting hosted by TMF.

Recipients of content from TMF should always perform their own due diligence into particular pieces of real estate for sale.  TMF expressly disclaims all liability with respect to actions taken or not taken by the recipient based on any or all of the information or other content on the site. Unless explicitly stated otherwise, any features, products, or services available at any time on the website are subject to this Agreement.

TMF may change the terms of this Agreement from time to time. Your continued use of TMF’s website or attendance at any meeting(s) after the posted effective date constitutes your agreement to be bound by this Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. TMF may change, restrict access to, suspend, or discontinue the website, the Curriculum, or any portion thereof.

The material provided is for general informational purposes only. While we aim to provide a site and information that is useful, be mindful that the site or information may, from time to time, contain errors. Our site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed.

We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification.

We invite you to bring to our attention any materials or information that you believe to be inaccurate. Please forward a copy of the materials or information to [email protected] along with an explanation of the inaccuracies.  

Term and Termination

These Terms of Use for TMF Circle, LLC are effective upon your initiation of using the Sites. TMF Circle, LLC retains the right, with or without notice, at its discretion and for any reason, to deny you access to the Sites or any portion thereof, and to terminate these Terms of Use. These Terms of Use will automatically cease if you fail to comply with the specified terms herein. You retain the prerogative to terminate these Terms of Use at any time by discontinuing the use of the Sites. However, it is essential to note that all pertinent provisions of these Terms of Use will endure even after such termination.

TMF Circle, LLC reserves the right to terminate and/or refuse membership renewal at any time and for any reason. Upon termination, you are obligated to discard all copies of any segment of the Sites, including any content belonging to TMF Circle, LLC, in your possession. Termination of your Account or discontinuation or modification to the Website and any products and services accessed through the site shall not entitle you to any refund for any products or services.  

Payments

Please note that by accessing and utilizing our services, you are agreeing to set up monthly membership payments, which will be automatically processed. These payments will occur on a recurring monthly basis unless canceled. You retain the right to terminate your membership at any time by contacting Tamiel at [email protected].  

Refunds

Think Multifamily maintains a stringent NO REFUNDS policy from the date of purchase for your product or service, including coaching programs.   Laws and Regulations User access to use the Site and Meetings is subject to all applicable international, federal, state and local laws and regulations.   No

Warranties

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM TMF ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE IS TMF CIRCLE, LLC LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM MEETING HOSTED BY TMF. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT  

Limitation of Liability

YOU AGREE THAT THINK MULTIFAMILY, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR INFORMATION PROVIDED OR EXCHANGED DURING A MEETING HOSTED BY TMF, EVEN IF TMF IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

ALL CONTENT PROVIDED IS FOR EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED INVESTMENT ADVICE. ANY DECISIONS MADE TO INVEST OR NOT INVEST ARE DONE AT YOUR OWN RISK.  

YOUR OBLIGATIONS

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

If you are given a User ID, you must keep your User ID secure and: not permit any other person to use your User ID, including not disclosing or providing it to any other person; and immediately notify us if you become aware of any disclosure or unauthorized use of your User ID, by sending an email to [email protected]

You must: not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and  

MANDATORY ARBITRATION

Any claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Consumer Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The parties will split the cost of the arbitrator and arbitration equally. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction.

This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award. Any such suit may be brought only in Federal or District Court(s) in the State of Texas, or if any such court lacks jurisdiction, in any state court that has jurisdiction.

The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”  

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 plaintiffs, 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.  

Privacy Policy & California Privacy Policy

Except as required by law and in accordance with the TMF Circle, LLC privacy policy, Think Multifamily will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to TMF.

User(s) should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. TMF is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. If you are a California resident you have the right to request information from TMF regarding the manner in which TMF shares certain categories of your personal information with third parties, for the third parties direct marketing purposes. California law provides that you have the right to submit a request to TMF at its designated address and receive the following information: (1) The categories of information TMF disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and (2) The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually.

You may make such a request by emailing: [email protected]  

ROYALTY FREE PUBLICITY LICENSE

If you choose to provide TMF a testimonial, written or video, or choose to attend a TMF Event, you are then agreeing to grant TMF a non-exclusive royalty-free world-wide publicity license to use my likeness, face, picture, voice, signature, or personal information and/or intellectual property exchanged at the Think Multifamily event in perpetuity (“licensed material”).  TMF Circle, LLC, at its sole discretion can use the licensed material world-wide through any media mechanism, including: voice, print, online, radio, tv, movies, music, or other media medium approved solely by TMF Circle, LLC.