THINK MULTIFAMILY RELEASE AND TERMS OF ATTENDANCE
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 Think Multifamily, LLC (“TML”)
Think Multifamily, LLC, its subsidiaries and affiliates, requires that all the visitors to our site(s) and at any meetings hosted by TML 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.
The information contained on the www.thinkmultifamily.com web site or any membership sites and within any meetings hosted is solely owned by Think Multifamily, LLC (“TML”) 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. TML is different. The information and/or information discussed on TML’s website and in meetings and/or meet-ups is information developed and created by TML. The information is not guaranteed to be correct, complete or current. TML makes no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any meeting hosted by TML.
Recipients of content from TML should always perform their own due diligence into particular pieces of real estate for sale. TML 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 contents of this site. Unless explicitly stated otherwise, any features, products, or services available at any time on this website are subject to this Agreement.
TML may change the terms of this Agreement from time to time. Your continued use of TML’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. TML may change, restrict access to, suspend, or discontinue this 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@example.com along with an explanation of the inaccuracies.
TML requires all Attendees to be respectful and professional to our staff, location hosts, speakers, and other attendees and their guests or families throughout the event, even during non-scheduled downtime and breaks. TML reserves the right to ask Attendee and/or their guests to leave the event immediately should they be deemed rude, uncooperative, unprofessional, intoxicated, or in possession of alcohol or any illegal substance. In such case, the Attendee's tuition/fees for the event will not be reimbursed under any circumstances and they will not receive any future products, services, or correspondence from TML.
Laws and Regulations
User access to and use of the Site and Meetings is subject to all applicable international, federal, state and local laws and regulations.
The trademarks, logos and service marks (“Marks”) displayed on the Site and at TML’s meetings are the property of TML. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the internet without the written permission of TML or such third party, which may own the Marks. All information and content available on or through the Site is protected. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, sharing, selling, licensing, creating derivative works or using any Content available for other use. All materials presented on this site and meetings are copyrighted and owned by TML. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM TML 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 THINK MULTIFAMILY, 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 TML. 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 TML, EVEN IF TML IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law; Forum Selection
This Site and its content is to be construed in accordance with and governed by the laws of the State of Texas without giving effect to any choice of law rule. Each party hereby irrevocably consents to the jurisdiction and venue of the Arbitration as described herein for any dispute to occur in Collin County, Texas in connection with any claim, action, suit, or proceeding relating to this Agreement. However, TML may seek injunctive, equitable or similar relief from any court of competent jurisdiction.
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 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.”
If you are a California resident you have the right to request information from TML regarding the manner in which TML 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 TML at its designated address and receive the following information: (1) The categories of information TML 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 calling
If any part or parts of the terms and conditions of this Site shall be held unenforceable for any reason, the remainder shall continue in full force and effect.
ROYALTY FREE PUBLICITY LICENSE AND RELEASE
By participating in the event, Attendee understands that portions of the event’s live events may be recorded in video and audio and/or captured in still and/or digital photographs. Attendee agrees that TML and its assigns have the right and permission to use such recordings and photographs should they include Attendee's name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising, or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Attendee. Attendee understands and agrees that all recordings from the TML’s events are the exclusive rights of TML and Attendee does not ask for or expect compensation for the use of recordings or photographs in which Attendee appears or speaks. TML owns all rights of any audio, video, and/or photograph captured during TML’s events. Attendee agrees they will not hold TML responsible for any injury or damages that may result to me from the use or non-use of any or all of the subject photographs, motion pictures, video footage, sound recordings, statements, testimonials, and/or personal information, or from any distortion, alteration, optical and/or audio illusion relating thereto, including, without limitation, any injury or damages based upon defamation, invasion of privacy, or damage to reputation, career, or loss of business opportunities.
NO VIDEO AND AUDIO TAPING
I, as an attendee of a Think Multifamily, LLC event or recipient of information or material from Think Multifamily, LLC shall not, and shall not permit any person to, record, broadcast or digitally stream in any manner whatsoever, the Think Multifamily, LLC event without prior express written consent from Think Multifamily, LLC, and attendees will be asked to leave and/or removed from any event if there is a violation at TML’s sole discretion. Think Multifamily, LLC and/or its designees shall have the right to record the performance or event and to use the recordings as it sees fit. I/Attendee/Recipient shall have no interest or rights of any kind whatsoever in or to any such recordings of any Think Multifamily, LLC event. Attendees may not report on any of the concepts taught at the event, including providing a summary or review of the event on/in any media outlets, blogs, websites, or stages without written permission from TML.
Attendee hereby understands that the tools, processes, strategies, materials, and information presented by TML are confidential, copyrighted, and proprietary to TML and agrees not to record, duplicate, distribute, report on, teach or train from TML materials in any manner whatsoever without the express written permission of TML. Any unauthorized use or distribution of the proprietary concepts, materials, and intellectual property by the Attendee or his/her representatives is prohibited and TML will pursue legal action and full damages if these terms are violated in order to protect its rights.
ACCIDENT WAIVER AND RELEASE OF LIABILITY OF THINK MULTIFAMILY, LLC
I, by participating at this Think Multifamily, LLC event and/or sponsored event, are HEREBY ASSUMING ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACITIVITIES ASSOCIATED WITH THIS EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of Think Multifamily, LLC or its representatives or volunteers or defective equipment or property owned, maintained, or controlled by them or because of their possible liability without fault. I acknowledge that this Accident Waiver and Release of Liability Clause and Agreement will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity. In consideration of allowing my attendance at this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to liability of Think Multifamily for any injury I may sustain in participation at this event, including physical injury and/or death; and B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE Think Multifamily, LLC or any of their representatives, sponsors, volunteers at the event from any and all liabilities or claims made as a result of participation in this event. I CERTIFY THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THIS ACCIDENT WAIVER AND RELEASE. I AM AWARE OF ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.