Investor Tours University General Terms and Conditions:
The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the Investortours University web site is subject to the following terms and conditions (the Terms and Conditions or the Agreement). BY SUBMITTING INFORMATION TO, or ACCESSING INFORMATION FROM, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Investortours University, Inc. ("Investortours University" or the "Company").
If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Chief Financial Officer, Investortours University, LLC, 11940 Jollyville Road, Suite 330, Austin, Texas 78759. Investortours University may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the Investortours University website.
GENERAL PROVISIONS
Membership Privileges
Membership privileges are granted by Investortours University to individuals exclusively and as a result of purchasing specific products and services from our website and/or at live trainings from our faculty and staff. Membership privileges are granted specifically to the subscribing registered member only and these privileges and content access vary from product to product and service to service. No employee, independent contractor, agent, relative, friend or acquaintance or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the Investortours University web site without express written permission from Investortours University. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Investortours University. Investortours University requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Investortours University system. Members are not permitted to share their individual logon information with others. Investortours University has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein or abuses their rights related to the Investortours University service.
Investortours University utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant Investortours University the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes Investortours University determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Investortours University will use best efforts to honor Customers request to opt out of marketing messages, but under no circumstances will Investortours University have any liability for sending any email to its registered users/customers.
Use of Information
Customer agrees to treat all information obtained from the Service, including Commercial Real Estate information, training, audio and video files, checklists, scripts, flow sheets, listings, member directory, historical transaction information (Recent Sales), and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to Investortours University. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Investortours University. Investortours University does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active property listings in the Service and/or the historical & market information solely to obtain initial information from which further evaluation and investigation may commence.
Investortours University Market Reports and other similar information, reports and services (individually and collectively Investortours University Market Reports), the Service, and any and all Content offered by Investortours University to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY INVESTORTOURS UNIVERSITY, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Customer shall limit access to and use of any and all Content offered by Investortours University to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use the Investortours University Service as part of any effort to compete with Investortours University, including without limitation using the Investortours University Service to provide, alone or in combination with any other product or service, any database services or educational services to any third party or any use that causes a reduction or loss from an existing or potential Investortours University customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Investortours University Service. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
Payment Terms
Customer agrees to pay for all products ordered through the Investortours University web site or via the Investortours University sales team using the payment method indicated, and provides Investortours University express authorization to charge said fees to the Customers payment provider. Fees owed depend on the specific type and quantity of Investortours University products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Investortours University may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided.
Subscriptions will automatically renew unless Customer contacts Investortours University Cancellation to cancel three (3) days prior to the renewal date and indicates its intent to cancel. Customer may cancel their Investortours University product membership by emailing subscriptions@investortours.com. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via email. If Customer has a question about a cancellation, Customer should contact Investortours University Client Services at subscription@investortours.com or at 512.651.0513. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates may be made by email at support@investortours.com or phone at 512.651.0513
Premium Membership
Premium Mentorship privileges are granted by Investortours University to individuals exclusively and are granted specifically to the subscribing Premium Mentorship Member only. Premium Mentorship Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Mentorship Member without the express written permission of Investortours University. Premium Mentorship Membership privileges are subject to change from time to time and may be subject to property listing and searching limitations. Customer acknowledges that Investortours University(in addition to its other remedies) can cancel and prohibit Premium Mentorship Membership privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. Investortours University also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium or other membership privileges. Premium Mentorship Member subscriptions will automatically renew at the prevailing monthly subscription cost and the credit card number provided for initial payment will be charged accordingly unless the Customer contacts Investortours University Cancellation three (3) days prior to the renewal date to cancel such subscription. Customer may cancel their Investortours University product membership by emailing subscription@investortours.com. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
Unsolicited Commercial Email (Spam)
Investortours University prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email a Friend service or other email services that Investortours University offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Investortours University has the right to revoke the privileges of any customer or company that breaches these terms.
Ownership and License Grant
Investortours University retains all rights (including Intellectual Property Rights as defined below), title and interest in the Investortours University Web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the print, audio or video educational content or underlying source code or structure or sequence of Investortours University's technology or delete or alter author attributes or copyright notices. Customer shall use the Investortours University system solely for their own use and shall not allow others to use the Investortours University system under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL INVESTORTOURS UNIVERSITYBE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT.
Customer's exclusive remedy and Investortours University's entire liability under this Agreement shall be a refund to Customer of the fees paid to Investortours University hereunder, and in no event will Investortours University's liability for any reason exceed such fee. Investortours University(and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Content or Deliverables, and Customer shall indemnify Investortours University(and Investortours University's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services, Content or the Deliverables.
Warranty Disclaimers
THE LISTINGS, ARTICLES, INFORMATION, AUDIOS, VIDEOS, SCRIPTS, FLOW SHEETS, REPORTS & OPINIONS ON THIS SITE AND PROVIDED IN EMAIL COMMUNICATION FROM THE INVESTORTOURS UNIVERSITY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT AND/OR SERVICES ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES FOR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT AND EXPRESSLY DISCLAIM ANY WARRANTY THAT THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WE MAKE AVAILABLE THE INFORMATION ON THIS WEB SITE FOR INFORMATIONAL PURPOSES ONLY. WE CANNOT AND DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATION, THAT THE INFORMATION IS ACCURATE OR COMPLETE OR THAT THE RESULTS OF IMPLEMENTING OR USING ANY INFORMATION WILL BE SUCCESSFUL OR ACCEPTABLE OR WILL PRODUCE ANY SPECIFICE FINANCIAL RESULT FOR THE USER OF THE INFORMATION OR TO ANYONE ELSE. TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH THE WEB SITE, ITS CONTENT OR SERVICES OR THE INTERNET GENERALLY, OR YOUR USE THEREOF, OR IN CONNECTION WITH ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US WILL BE TO DISCONTINUE USING THE WEBSITE AND/OR A REFUND OF THE FEES PAID FOR PRODUCTS AND/OR SERVICES PROVIDED.
This information is provided with the understanding that Investortours University and Investortours University's officers, directors, employees and agents are not engaged in rendering legal, tax, investment, insurance, financial, accounting, or other professional advice or services. If site visitors or customers require such advice or services, a competent professional should be consulted. No Content, services, ideas, thoughts or opinions shared on the Investortours.com site or in the Investortours University trainings, written, audio or video content or services are guaranteed or warranted to produce any particular result(s). No specific results are guaranteed as a result of using this information or content. No warranty is made with respect to the accuracy or completeness of the information contained therein, and Investortours University specifically disclaims any responsibility for any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the information contained in the website, Content or Services.
Links to Third Party Sites
this web site may contain hyperlinks to other web sites operated by parties other than Investortours University, Inc. and its subsidiaries which are beyond Investortours University’s control. Parties other than Investortours University may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Investortours University’s logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the Investortours University site. Investortours University does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Investortours University does not assume any liability for the actions, product, and content of all of these and any other third parties. Investortours University makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the Investortours University site, the site you will land on is not controlled by Investortours University and different terms of use and privacy statements may apply. Investortours University also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of Investortours University, Inc.
Customer agrees that Investortours University shall have the right to use customer and subscriber information other information submitted to it for any purpose, subject to the Investortours University Privacy Policy. Investortours University reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Investortours University's corporate web site, located at http://www.investortours.com
Governing Law
This Agreement, and the Deliverables provided by Investortours University, shall be governed by the laws of the State of Texas, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Travis County, Texas for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Investortours University, which retains the right to withhold consent in its sole discretion.
Notices
all notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to h
Chief Financial Officer
11940 Jollyville Road
Suite 330
Austin ,Texas 78759
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.