Terms of Use, Including Privacy Policy, Please read these Terms of Use (“TOU”) carefully before you (“you” and “your”) become a subscriber to the Service (as defined below) provided by Fix A Flip Funding & Loss Mitigation Training Institute LLC (collectively, “Fix A Flip,””we,””our” and “us”) 1. Agreement In consideration of Fix A Flip providing you with access to its proprietary information and benefits described in the offer, which includes the “Fix A Flip Funding Financial Freedom Coaching Program” (the “Service”), you agree to pay the applicable initial subscription fee and the continuing subscription fee, and to comply with the TOU. As of May 1, 2010, the initial subscription fee for the Service is $1,997 which price is subject to change. The initial subscription fee is due on the placement of your order for the Service. In addition to the initial subscription fee, the continuing subscription fee for the Service is currently $97 per month which must be paid beginning on the 30th day following your placement of your order for the Service. You have authorized us to bill the continuing subscription fee to your account and to charge your credit card on file unless and until the Service is canceled by you at anytime via email to: info@shortsalesriches.com. All cancellations must be in the form of an e-mail or support ticket submitted via our website. If you do not agree to the terms and conditions contained in the TOU, you may not become a subscriber to the Service, and we do not consent to provide you with access to the Service. 2. Changes to the TOU We reserve the right at any time to: Change the terms and conditions of the TOU; Change the Service, including eliminating or discontinuing any content or feature of the Service; or Change the fees, charges or other conditions for use of the Service (with reasonable notice). Any changes we make to the TOU will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via email. Your use of the Service after such notice will be deemed acceptance of such changes. Our business changes constantly. The TOU may change also. You should check our web sites frequently to see recent changes. 3. Registration and Privacy In order to gain access to the Service, you must become a member of Fix A Flip by purchasing a subscription and by supplying us with true, accurate, current and complete information about you, as required on the registration page. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to suspend or terminate your membership and to prohibit your current or future use of the Service. Our policy with respect to the collection and use of your contact, billing and personal information (the “information”) is set forth here (the “Privacy Policy”): USE OF THE INFORMATION: Fix A Flip uses the information obtained from its users as stated in this Privacy Policy to enhance users' experiences on our sites. DISCLOSURES PERMITTED BY LAW: Fix A Flip does not sell or disclose the information with other people or nonaffiliated companies, except to provide you with products or services, when we have your permission, or under the following circumstances: Fix A Flip will provide Aegis RE Partners, LLC, a Florida Limited Liability Company (“Aegis”) with all of your contact information as well as your billing status. It should be assumed that all information provided to Fix A Flip Funding will be provided to Aegis. We also provide the information on a confidential basis to nonaffiliated companies which we engage as contractors or agents to perform services for us, including but not limited to maintaining software, processing credit card transactions, sending direct mail or administering sweepstakes or contests. The information will be shared with such contractors only to the extent reasonably necessary for them to perform services on our behalf, and pursuant to confidentiality obligations. We also may provide the information in response to subpoenas, court orders, or legal process, from law enforcement agencies or state and federal regulators. We may provide the information if we sell or otherwise transfer substantially all of our assets related to any web site that we own or operate and any product or service that we offer; provided, however, in that event, we will require such third party buyer to honor our current Privacy Policy, until the third party buyer provides you with notice of changes to our Privacy Policy and permits you to exercise any rights you may have under applicable law to limit disclosures of the information about you. Fix A Flip may disclose all the information we collect as described above to other companies such as direct marketers to perform marketing services on our behalf, or to financial institutions, such as banks, mortgage companies and real estate companies, with whom we have joint marketing agreements. As a Fix A Flip member, you also have certain other obligations relating to your account: You may not transfer to or resell your use of or access to the Service to any third party. You may not disclose the contents of any document from Fix A Flip to any third party; you are responsible for all activities that occur under your account; you are responsible for maintaining the confidentiality of your user name and password if provided to you; you agree to notify us at info@shortsalesriches.com if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your information. 4. Cancellation and Refund Policy: Requests for a refund for the initial subscription fee for the Service are accepted at info@shortsalesriches.com if received within the period of 30 days after the date that your order is placed with us. You must accompany any request for refund with a detailed and grounded explanation of why you are requesting a refund. Please make sure your request for refund satisfies the TOU. No refunds will be given after the expiration of the 30 day refund period following the placement of your order, time being of the essence of Fix A Flip’s refund policy and the refund policy expiration period.
If due to some technical difficulties of your e-mail provider or your own mail server you do not receive an e-mail from us confirming delivery of the Service, we recommend that you immediately contact us for assistance. Claims for non-delivery must be submitted to our billing department in writing within 7 days from the date of placement of your order. Otherwise the Service will be considered received on the date of placement of the order. 5. Subscription Renewal The continuing subscription fee for the Service is currently set at $97 a month (“Monthly Rate”). The Service will continue on a monthly term (the “Monthly Membership”), as disclosed during registration, and will renew automatically at the end of each Monthly Membership, unless and until you notify us of your decision not to renew your subscription via email at: info@shortsalesriches.com or via the link on our website by submitting a ticket in writing to Customer Service prior to the expiration of the then Monthly Membership. If you do not notify us, the then-applicable Monthly Rate for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed). No Pro-Rated Refunds for Cancellation of Monthly Membership. You hereby acknowledge and agree that if you cancel your Monthly Membership, or if your Monthly Membership is cancelled by us, you will be entitled to receive the full benefits of your Monthly Membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if you cancel your Monthly Membership before the end of the then current Monthly Membership. Credit Card Charges Authorized. You hereby authorize us to charge your credit card (which you hereby acknowledge was entered by you into the sign-up page or subsequently changed by you) to pay to Fix A Flip the ongoing fees for the Service at the then current Monthly Rate. You further authorize us to charge your credit card for any and all continuing purchases of the Service and any other products, services and entertainment available through, at, in or on, or provided by any website operated by or on behalf of Fix A Flip. You agree to be personally liable for all charges incurred by you during or through the use of the Service and any other products, services and entertainment offered by or through Fix A Flip. Your liability for such charges shall continue after termination of your Monthly Membership. Automatic Credit Card or Debit Card Debit. All charges to your credit card or debit card for the Monthly Membership, under the terms and conditions of this TOU, will be made in advance by automatic credit card or debit card debit and you hereby authorize Fix A Flip and its agents to process such transactions on your behalf. Non-Refundable Charges. All charges to your credit card or debit card for the Monthly Membership fees are nonrefundable. 6. Fix A Flip Funding Initial Subscription Fee Reimbursement If you enter into a joint venture with Aegis for the sale and purchase of a property and you successfully complete such sale and purchase transaction with Aegis within 12 months of the date of placement of your order for the Service (“Eligible Transaction”), you are eligible to receive reimbursement from Fix A Flip of the initial subscription fee that you paid. Additionally, in order to receive reimbursement of the initial subscription fee, you must submit your request for reimbursement within thirty (30) days from the date of completion of the Eligible Transaction by e-mail to: info@shortsalesriches.com, and Aegis must confirm with Fix A Flip the successful completion of the Eligible Transaction. Your request for reimbursement to Fix A Flip must contain a description of the Eligible Transaction, including the final closing date and the property address. Fix A Flip’s continuing subscription fee will not be reimbursed but Fix A Flip will waive such continuing subscription fee beginning on the first day of the Monthly Membership following the date of that Fix A Flip has verified the completion of the Eligible Transaction. Time is of the essence with regard to your notification of Fix A Flip of the Eligible Transaction and your request for reimbursement related to the Eligible Transaction. Fix A Flip will reimburse you for the initial subscription fee within ninety (90) days following its verification that you have timely completed the Eligible Transaction. 7. Fix A Flip Proprietary Rights The Service and the content available through the Service (the “content”) are the property of Fix A Flip and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights to any of the content by using the Service. You confirm that you will not disclose any of the content provided to you. If you are interested in reprinting, republishing or distributing content from Fix A Flip, you must obtain our prior written consent before doing so. Please note: because we occasionally host forums as part of the Service and therefore redistribute materials you give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in any part of the Service shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials. "Fix A Flip," “Loss Mitigation Training Institute, LLC” and other marks are trademarks and/or service marks of Smart Realty Referrals of Florida, LLC. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners. 8. User Conduct You may not republish, upload, post, transmit or distribute content available through the Service to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability. In addition, in connection with your use of the Service, you agree not to: restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of any of our web sites; use the Service for any unlawful purpose; express or imply that any statements you make are endorsed by us, without our prior written consent; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service or any of our web sites; "frame" or "mirror" any content available through the Service or any of our web sites without our prior written authorization; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Service or any of our web sites; or harvest or collect information about users of the Service without their express consent. You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Service and the content made available therein. 9. Features and Links to Other Web Sites Your use of the certain services made available to you by or through Fix A Flip may be governed by additional rules, which are available on our web sites or by hyperlink from other sites, in connection with the Service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools obtained by or through Fix A Flip is solely at your risk. Any sweepstakes, contests, and games that are accessible through our web sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules. Content available through the Service may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. 10. Disclaimer of Warranties The Service, and any content, product or service obtained or accessed through the Service, is provided "as is" and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Fix A Flip and its officers, directors, employees, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information available through the Service. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Fix A Flip and its affiliates, suppliers, agents and sponsors do not warrant that your use of the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service or the server(s) on which the Service is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service, and all charges related thereto. You assume total responsibility and risk for your use of the Service and your reliance thereon. No opinion, advice, or statement of Fix A Flip or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the site, the content contained therein, and any materials provided through the site, are entirely at your own risk. A possibility exists that content available through the Service could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Service by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Service. In the event that such a situation arises, please contact us at info@shortsalesriches.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below. Under no circumstances shall Fix A Flip be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. 11. Limitation of Liability Neither Fix A Flip nor its affiliates, suppliers, advertisers, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Service and/or any content contained therein, or any product or service used or purchased through Fix A Flip. The sole and exclusive maximum liability to Fix A Flip and its affiliates, suppliers, advertisers, agents or sponsors for all damages, losses, and causes of action — whether in contract, tort (including, without limitation, negligence), or otherwise — shall be the total amount paid to us by you, if any, for access to the Service. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. 12. Indemnification You agree to indemnify, defend and hold us, our officers, directors, employees, agents, representatives, affiliates and suppliers harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Service; or (c) your violation of the rights of any third party. 13. Termination You understand and agree that Fix A Flip may, under certain circumstances and without prior notice to you, terminate your access to and use of the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties. 14. Earnings Disclaimer The Federal Trade Commission’s newly revised Guidelines Concerning the Use of Endorsements and Testimonials in Advertising which are effective December 1, 2009 require the following disclaimer with regard to the endorsements and testimonials included in this site: None of the endorsements or testimonials included in the advertising materials pertaining to the Service depict earnings, revenue or profit results that you should generally expect to achieve by using the Service. They only demonstrate exceptional results and are not intended to guaranty or to suggest that you will obtain similar results. The earnings, revenue and profit results which you will generally achieve in circumstances similar to those depicted in the endorsements and testimonials included in the advertising material pertaining to the Service depend on many factors and conditions, including but not limited to, work ethic, learning ability, use of the Service, business experience, daily practices, business opportunities, business connections, market conditions, availability of financing, and local competition, to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that no earnings, revenues or profits will be achieved with the use of the Service advertised on this site in circumstances similar to those referenced in any endorsement or testimonial. Each of the purchasers of our products or services who have provided their endorsement or testimonial for use on this site has received compensation in exchange for their endorsement or testimonial. Any others providing endorsements or testimonials are also receiving compensation for their endorsement or testimonials. Both T. Christopher McLaughlin, Jr. and Nathan Jurewicz receive compensation from Fix A Flip and T. Christopher McLaughlin, Jr. has an ownership interest in Fix A Flip. We make every effort to ensure that we accurately represent the Service. Earning and income statements disclosed by Fix A Flip relate to certain specific transactions. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual. There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business, real estate, and the economy that we cannot foresee which can reduce results. Laws regarding real estate and foreclosure vary from state to state and we cannot certify that you will be successful using our product in your state. We are not responsible for your actions or those of your investors, realtors, or potential clients. The use of our information, products and services should be based on your own due diligence and you agree that Fix A Flip is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services. 15. Copyright Infringement The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Fix A Flip or one of, its officers, directors, employees, affiliates. suppliers, advertisers, and agents infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. 16. Miscellaneous The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. The TOU constitutes the entire agreement between you and Fix A Flip relating to your use of the Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between you and us. The TOU and the relationship between you and Fix A Flip are governed by and construed in accordance with the laws of the State of Florida, without regard to its principles of conflict of laws. You and Fix A Flip agree to submit to the personal jurisdiction of the federal and state courts located within Polk County, Florida, and the parties confirm that the proper, exclusive, and convenient venue for any legal proceeding instituted between them directly or indirectly related to the Service or the TOU shall be Polk County, Florida and each party waives any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU. 17. AEGIS Aegis RE Partners, LLC, a Florida Limited Liability Company (“Aegis”) is a company that is presently providing equity capital for real estate acquisitions. T. Christopher McLaughlin, Jr. and Nathan Jurewicz have an ownership interest in Aegis. Neither your subscription to the Service nor your agreement to the TOU has created: (a) any engagement or contractual relationship between you and Aegis, or (b) any obligation for Fix A Flip to provide you with services from Aegis or services similar to those offered by Aegis. All fees paid to Fix A Flip are for educational and training materials and services and are not for the services provided by Aegis. You acknowledge that Fix A Flip has not given you any guaranty or assurance that Aegis will provide you with services or that it will continue to provide services to you or anyone else. You agree that any services which you may engage Aegis to provide to you, if any, will be separately contracted for between you and Aegis. All Aegis underwriting investment guidelines, review processes, documentation requirements and contractual terms discussed and presented on any webinar or in any other training or materials from Fix A Flip are summarizations of Aegis’ current policies and procedures only. All of Aegis’ terms and conditions are subject to change without notice. Aegis is not obligated to invest or fund any transaction for any reason, at its sole and absolute discretion. All investment transactions funded by Aegis shall be defined by a written contractual agreement between Aegis and its investor that will be subject to review and acceptance by the Aegis and the investor prior to any transaction. You confirm that Fix A Flip has no involvement, oversight, control or direction over the provision of any services which you may engage Aegis to provide to you. Fix A Flip makes no warranty or representation concerning Aegis or its services. Aegis shall be solely responsible for all of the services, if any, that it may provide to you. You acknowledge and agree that there are a number of providers of capital to fund real estate sales transactions other than Aegis. Fix A Flip encourages and recommends that before you choose a provider of capital, including Aegis, you research all potential providers of capital to determine which one will best serve you and offer you the most favorable terms. You acknowledge and agree that nothing contained in this TOU shall be construed to create a joint venture, partnership, association or other affiliation, or like relationship, between Fix A Flip and Aegis, it being specifically agreed that the relationship is and shall remain that of independent parties to a contractual relationship by which Fix A Flip solely provides advertising and marketing services for Aegis in exchange for a referral fee for all Fix A Flip subscribers, who in their sole discretion, elect to utilize Aegis’ services. You acknowledge and agree that Aegis shall have no power or authority to (i) enter into any contracts binding on Fix A Flip, or (ii) create any obligation on the part of Fix A Flip. Fix A Flip shall have no power or authority to (i) enter into any contracts binding on Aegis, or (ii) create any obligation on the part of Aegis. 18. Legal Notices California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Star Wars is a trademark of Lucasfilm Entertainment Company Ltd. Or Lucasfilm Ltd. Any reference to Star Wars or its characters is meant as a parody under the terms outlined in Campbell vs. Acuff-Rose Music, Inc., with “the intent to shed light on an earlier work and, in the process, create a new one.” It is the intention of Fix A Flip to parody and mimic the original Star Wars work under the fair use doctrine. Copyright @2010 Fix A Flip
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