RealEstateInvestor

Includes Email Marketing and Spam Policy

IMPORTANT! PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CLICKING THE “ORDER” BUTTON. THIS TERMS OF SERVICE AGREEMENT ("TOS") IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL, HEREAFTER REFERRED TO AS "“YOU” and, as appropriate, "Your") AND ADELANTE ONLINE LLC D/B/A REALESTATEINVESTOR.COM (HEREAFTER REFERRED TO AS "REI") FOR USE OF THE REI WEB 3.0 WEALTH SERVICE (HEREAFTER REFERRED TO AS “SERVICE”), WHICH INCLUDES A WEBSITE BUILT FOR YOU, ITS ASSOCIATED MEDIA, MATERIALS, AND "ONLINE" OR ELECTRONIC DOCUMENTATION ("SERVICE"). BY CLICKING THE "ORDER" BUTTON ON THE CHECKOUT PAGE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS TOS. THIS TOS WILL GOVERN YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS TOS, DO NOT CLICK ON THE "ORDER" BUTTON AND DO NOT ATTEMPT TO ACCESS THE SERVICE. YOU AGREE THAT YOUR ACCESS OF AND/OR USE OF THE SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS TOS, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.

By choosing to accept this TOS, You agree to abide by this TOS and all guidelines as described herein. In addition to this TOS You agree to abide by any materials available on the REI website incorporated by reference herein, such as but not limited to REI's terms of use, privacy and security policies. You understand that REI may modify the TOS or the manner in which the Service is made available, and that those modifications may create differences in how the Service operates in the future. These modifications may include, by way of example and not limited thereto, the addition of new business services, which may require You to pay additional subscription or transaction fees, as applicable in order to use such new business services.

1.0 Definitions.

1.5 "Effective Date" means the earlier of the date: (a) this TOS is accepted by You by Your selection agree and abide by them upon being presented the option to do so on the digital “check out” screen at the time of Your payment (b) or the date You begin using the Service, or (c) the date upon which You submit the Client Questionnaire.

1.2 “Service” means any or all of the efforts provided by REI to You as the client upon the Effective Date. The Service includes, but is not limited to: the design and development of a lead capture website (often referred to as a “squeeze page”), design and development of a blog, online and physical delivery of educational materials, setup and configuration of an email marketing service, creation of online accounts at various websites, submission of business information to various websites, authoring of articles and blog entries, production of online video and audio podcasts, submission of online classified advertisements, research of market and competition as well as the ongoing hosting of websites and online tools. All items involved in the Service remain the property of REI, and are licensed to You as part of the TOS. By accepting this TOS You certify that these and any other aspects of the Service shall commence and that once began they are unable to be altered or cancelled, meaning no refund shall be given.

1.3 “Your Data" means any data, information or material that is owned by You as the client, but which may be hosted on REI owned websites or databases as a part of the Service provided. Your data includes both information submitted by You to the Service in the course of using the Service. Solely by way of examples and not limited therto, Your Data could be property data, property addresses and property owners. Additionally, Your Data includes any information that is submitted through the websites You are licensing from REI, often referred to as “Leads”. These Leads are sent to the email marketing service and may be exported by You at any time.

1.4 “Client Questionnaire” means the specific information supplied by You to REI which is used to create Your marketing strategy to aid in the delivery of some aspects of the Service as described herein. The Client Questionnaire may be completed in the form of an online form, a physical form completed in person or via mail, or a upon a phone conversation or email or other digital communication. After REI has received Your Client Questionnaire it will be used to assist in delivery of the Service and therefore cannot be changed. The Client Questionnaire must be submitted to REI within thirty (30) days of Your submission of the Application Form.

1.5 "Content" means the contextual, audio and visual information developed for You as a part of the Service. This includes, but is not limited to any images, articles, recordings, photos, animations, videos, documents, software, marketing collateral, website content, website designs, products and services contained or made available to You in the course of using the Service. Content will be developed for You for a number of purposes including for the provided lead capture website (squeeze page), email marketer and blog as well as to be posted to outside sites including article sites, social networks, video and audio directories.

1.6 “Change Fee” means a fee charged to You by REI for any changes, amendments or modifications to Your marketing strategy, website(s), email marketing system or any other component provided within the Service. It is understood that REI will be reasonable with requests that include spelling or grammar mistakes. REI does reserve the right to refuse to adhere to requested changes You make to any of the aspects of the Service after receipt of the Client Questionnaire. Should REI be willing to make a change You have requested then You may be asked to pay a Change Fee shall at REI’s then-current standard pricing.

1.7 “Subscription” means the ongoing, recurring fee You are charged by REI for the continued use of several components provided within the Service. These components include the usage of Your password protected account area (the “Web 3.0 Command Center”), the usage of the email marketing platform, the licensing of the lead capture website (squeeze page), usage and admin control of the blog, the licensing of the domain name assigned to You, periodic updates to made to sites, as well as all hosting and maintenance. REI provides You with the first 30 days of the Service without paying a Subscription fee after which time You will then begin being charged the then-current standard pricing. Subscription may be cancelled by You at any time as described later within this TOS, but no previously paid Subscription fees will be refunded.

1.8 “Set Up Fee” means the portion of the fee paid by You that pays for initial activation and account set up. This includes all labor needed to begin the delivery of Service, the set up of a unique username and password for the “Web 3.0 Command Center” as well as all processing and fulfillment of the physical product provided to supplement the Service. It is important to understand that the Set Up Fee is not an additional charge, but is included within the original payment made by You to REI. The Set Up Fee is $249 and is under no circumstances refundable.

1.9 "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, business processes and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

1.10 "REI Technology" means all of REI's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to You by REI in providing the Service.

2.0 Subscription Term, Delivery of Service, Obligations.

2.1 This TOS commences on the Effective Date. By selecting “Yes” to the TOS and making initial payment You have agreed to begin the Service with REI including the ongoing Subscription fees. Your Subscription will be a month-to-month fee as described in the sales material viewed upon purchase. You may have also purchased several Service packages and may have additional Subscription fees for additional Services provided. You may have accepted an offer and paid for a longer initial Subscription term (at a discounted rate) in which case Your monthly Subscription fees will begin after the initial term purchased. Upon the expiration of the Subscription term, this TOS and Your Subscription will automatically renew on a month to month basis at REI's then current fees beginning on the day following the numeric date that the Initial Term expired. For example, if Your subscription commenced on March 10, and the Initial Term was six (6) months, it would expire on September 9. Your per month subscription would then start on September 10 and automatically renew on the 10th day of each consecutive month thereafter, unless otherwise agreed upon in writing or electronically approved by REI. In addition, You must submit the Client Questionnaire to REI within thirty (30) days of Your submission of the TOS. Any changes, amendments or modifications to Your Client Questionnaire may be denied by REI and if acceptable shall be subject to a Change Fee.

2.2 REI will begin to deliver You the Service on the Effective Date. It is understood that while the Service is delivered in multiple different formats (online, physical product, technical labor, marketing labor, etc) that all of these components shall be considered the Service collectively, and that You purchased the Service for all components of the Service and not the individual pieces. Furthermore, You understand that while the different components of the Service will be delivered on different time tables after purchase, that Your purchase of the Service was to pay for the entire service without the ability to terminate this TOS or to receive a refund on some or all of the purchase price of the Service. Once the Service has commenced it shall be considered non-returnable. Most specifically the Set Up Fee which was applied as part of Your initial payment will in no way be refunded to You after Your online account has been created.

3.0 Modifications, Privacy, Security and Marketing Communications.

3.1 REI reserves the right to modify the terms, conditions and notices under which the Service is offered, including, but not limited to the terms of this TOS and/or its policies relating to the Service. Modifications shall be effective upon posting the updated TOS on the Service’s website. You are responsible for regularly reviewing the Service’s website. Continued use of the Service after any such modifications shall constitute Your agreement to all such modifications.

3.2 You can read updated versions REI's TOS within Your Web 3.0 “Command Center” account by clicking the link at the bottom of the page or on any web pages posted by REI that sell or promote the Service.

3.3 You have previously opted-in to REI’s email marketing list. You may opt out of receiving such communications at that time or at any subsequent time by clicking the unsubscribe link at the bottom of these emails. Note that because the Service is a hosted, online application, REI occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. You agree that REI can disclose the fact that You are a customer and the components of the Service that You are using.

4.0 Ownership, License Grant & Restrictions

4.1 Subject to the terms and conditions herein, REI hereby grants You a limited, non-exclusive, non-transferable, right to access and use the Service, solely for Your own internal business purposes. The Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. There are no implied licenses. All rights not expressly granted to You are reserved by REI and its licensors.

4.2 You shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (b) modify or make derivative works based upon the Service or the Content; (c) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Service in order to: (i) build a competitive product or service; (ii) build a product or service using similar ideas, features, functions or graphics of the Service; or (iii) copy any Content or any ideas, features, functions or graphics of the Service. This license is personal to You and cannot be shared or used by anyone else. You agree that You will not let others access and/or use the Service using Your account.

4.3 You may use the Service only for Your internal business purposes and shall not: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or in violation of third party privacy rights; (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Service or the Content; or (e) attempt to gain unauthorized access to: (i) the Service or its related systems or networks; (ii) other user’s accounts; or (iii) optional components of the Service that You have not paid for.

4.4 You acknowledge and agree that You will only have remote access to the Service and shall not at any time have physical access to any facility providing the Service nor shall You attempt to download or gain physical access to the Content or any software used in providing the Service. You further agree that the Content (including any marketing collateral or materials using Your Data) sent by or through the Service via REI or associated mail fulfillment partners or other third party suppliers shall only be used in connection with Your use of the Service and may not be copied or reproduced in any way, without prior written permission from REI.

4.5 As a part of the Service that You purchased REI will develop a website or a series of websites on Your behalf. These websites include what are often referred to as a “squeeze pages” as well as blogs or informational websites. You as the client have the right to use these websites as described in this TOS and within REI’s frequently asked question documentation. So long as You continue to pay the Subscription fee, which is collected in part to pay for the use of these websites, then You own an exclusive license for the websites to be used for Your business as described within the TOS and REI’s documentation. It is understood that REI retains the ownership rights of the websites as well as the domain name that they are hosted on. Upon cancellation or lapse in the Subscription at any time REI will restrict Your access to these websites. Furthermore, after 60 days from the time of cancellation or delinquency of the Subscription, REI reserves the right to have full control and power to alter or utilize these websites and the domain name originally assigned to You as it wishes. This could include, but is not limited to, using the sites or domain for use in REI’s business, re-licensing the website and/or domain to other clients, or cancelation and deletion of the websites or domains.

4.6 As part of the Service that You purchased REI will develop multiple forms of Content for use online. This Content is owned and controlled by REI who provides the Content to You for promotion of Your business. You as the client has have the right to use the Content developed by REI in any way You wish other than to re-sell the Content in any way.

5.0 Your Responsibilities.

5.1 You are responsible for Your Data and all activity occurring with Your account, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. Your membership, user name and password (login) may not be assigned or transferred to any other person or entity. You shall: (a) notify REI immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (b) report to REI immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by You; and (c) not impersonate another REI user or provide false identity information to gain access to or use the Service. Until REI is notified, by e-mail, or by telephone of any breach in security, You will remain liable for any unauthorized use of the Service arising out of Your account.

5.2 By agreeing to this TOS You also agree to all of the Email and Spam Policies as include at the end of this agreement.

5.3 While REI will be delivering the Service to You as per this TOS, You understand that the Service that REI provides is limited in its nature. You acknowledge that the terms “done for You” and the slogan “We Do It For You!” as well as any other language used to express the Service do not include any labor, consulting or information not described within the sales materials and within this TOS. You understand that the Service is in no way includes all of the information, labor or consulting needed to do real estate or market a company online using every possible method. REI is not expected to deliver upon any additional requests as described in this TOS. Additionally, You understand that effort is needed by You as the client in order to use the Service and see any form of results. For example, You or Your company must provide certain data such as information about property listings for a property to be distributed online as part of the Service. Also, You or Your company must utilize tools provided by REI, including but not limited to, the email marketing system, and the blog . Also, it is understood that the educational materials provided to You were done so to help maximize results with the Service. You are encouraged, but not required to use these methods, with no guarantee of results. Additionally, REI’s staff may from time to time need assistance to complete work on Your behalf.

6.0 Account Information and Data.

6.1 You must provide current, complete and accurate information for Your account in order to receive access to the Service. This information includes Your legal name, street address, e-mail address, and telephone number. You must promptly update all information to keep Your account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify REI if Your payment method is canceled (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your user name or password. Changes to such information can be made via the REI application by clicking Contact Us at the bottom of any page or by visiting the help desk at help.realestateinvestor.com. If You fail to provide REI any of the foregoing information, You agree that REI may continue charging You for the Service under Your account, unless You have cancelled Your Subscription for the Service. If the contact information You have provided is false or fraudulent, REI reserves the right to terminate Your access to the Service in addition to any other legal remedies.

6.2 REI acknowledges and agrees that it does not own Your Data. You, not REI, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Your Data. For example, if Your Data contains outdated or inaccurate property addresses or property ownership, REI shall not be responsible or liable for such outdated or inaccurate information. In addition, REI shall not be liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data. REI reserves the right to withhold, remove and/or discard Your Data without notice for any breach, including, without limitation, Your non-payment. Upon termination by REI for cause, Your right to access or use Your Data immediately ceases, and REI shall have no obligation to maintain or forward any of Your Data.

6.3 You hereby grant to REI a non-exclusive, worldwide license, to use, reproduce, create derivative works, display, store and perform Your Data as reasonably necessary to operate the Service, and to make backup copies thereof in connection with Your use of the Service.

6.4 REI, at its sole discretion, may elect to electronically monitor the Service and may disclose Your Data, and any content or records concerning Your account, as necessary to satisfy any law, regulation, or other governmental request or to properly operate the Service and protect its customers. You expressly agree that REI shall not be liable to You for any action REI takes to remove or restrict access to obscene, indecent or offensive content made available by You, nor for any action taken to restrict access to material made available in violation of any law, regulation or rights of a third party, including but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy.

6.5 As part of the Service REI will be establishing online accounts on Your behalf. Examples include blogs, video sites, article sites, social networks, podcast sites, etc. Upon request REI may provide login information (usernames and passwords) to some of these websites. You as the client understand that in order for REI to complete certain aspects of the Service that it must be able to control and access these accounts. For that reason, You are unable to change the usernames and passwords of these sites as it would deter REI from completing work on Your behalf. If You do change Usernames and Passwords then REI reserves the right to not utilize that site as part of the marketing efforts it completes for You.

7.0 Intellectual Property Ownership.

7.1 REI alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the REI Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service. This TOS is not intended to, and will not, constitute a lease of any real property. You acknowledge that You have no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulations or ordinances. This TOS is not a sale and does not convey to You any rights of ownership in or related to the Service, the REI Technology, any Content or the Intellectual Property Rights owned by REI. The REI name, the REI logo, the Web 3.0 logo, the slogan We Do It For You! and the product names associated with the Service are trademarks of REI or third parties, and no right or license is granted to use them.

8.0 Third Party Interactions. During Your use of the Service, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of, advertisers or sponsors or other third parties showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the applicable third-party. REI is not a party to, or a guarantor of performance with respect to any subsequent agreement between You and any third party. Specifically, REI does not control the quality or availability of third party goods and services You may access through the Service, the terms and conditions on which those goods and services are offered or purchased, or the third party’s compliance with an agreement that it may execute with You. REI and its licensors shall have no liability, obligation or responsibility for: (a) any correspondence, purchase or promotion between You and any third-party; or (b) the quality, accuracy or availability of goods and/or services from third parties. REI does not endorse any sites on the Internet that are linked through the Service, and makes no warranties (express or implied) with respect to any such Internet sites or the goods or services which they offer. REI provides these links to You only as a matter of convenience, and in no event shall REI or its licensors be responsible for any content, products, services or other materials on or available from such sites. REI provides the Service to You pursuant to the terms and conditions of this TOS. You recognize, however, that certain third-party providers of ancillary software, hardware, content, products or services may require Your agreement to additional or different licenses or agreements or other terms prior to Your purchase, use of or access to such software, hardware, content, products or services.

9.0 Payment, Nonpayment and Suspension.

9.1 You shall pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide REI with a valid credit card as a condition to signing up for the Service. In connection with Your acceptance of these TOS, You acknowledge and agree to pay for (and that Your credit card has been billed for) the Service and to begin the billing cycle for the applicable monthly Subscription. REI reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to You, which notice may be provided by e-mail. All pricing terms are confidential, and You agree not to disclose them to any third party.

9.2 As of the Effective Date, when You begin using the Service, REI will charge and collect in advance for use of the Service, including the Subscription fees. Fees for the Subscription will be automatically charged to Your account and there shall be no credit or reimbursement. REI will automatically renew and bill Your credit card or issue an invoice to You every month upon payment of Your Subscription fee unless the cancellation procedure is successfully completed as described in section 12.1 by You at least three (3) business days prior to the date of Your Subscription rebill. REI's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on REI's income. If You believe Your bill is incorrect, You must contact us in writing within sixty (60) days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

9.3 In addition to any other rights granted to REI herein, REI reserves the right to suspend or terminate this TOS and Your access to the Service if Your account becomes delinquent (falls into arrears). Your access to the Service will be suspended, meaning that Your log in information will be de-activated and You will be unable to access all components of the Service. REI will not re-activate Your account until the delinquency is paid in full with no refund for lost time. Additionally, additional fees may be applied for the re-activation of accounts as described in section 9.4. REI also reserves the right to not re-instate Your account after a certain period of time has elapsed, as described in 9.5. Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for during any period of suspension. REI reserves the right to refer Your account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this TOS and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs. Should there be an outstanding balance, If You or REI initiates termination of this TOS, You will be obligated to pay the balance due on Your account. You agree that REI may charge such unpaid fees to Your credit card or otherwise bill You for such unpaid fees.

9.4 In the event Your account has been delinquent or suspended for more than 30 days and You request to again access the Service, REI reserves the right to impose a reconnection fee. You agree and acknowledge that REI has no obligation to retain Your Data and that such Data may be irretrievably deleted if Your account is 30 days or more delinquent.

9,5 You agree that upon 60 days of cancellation or termination (whether such action is taken by REI or You, REI shall have complete ownership of the sites pursuant to section 4.5 herein.

9.6 You recognize and agree that that you are the recipient of substantial savings by purchasing a pre-paid subscription package and such packages are NOT considered month-to-month subscriptions. As with the monthly Subscription fees that are paid month-to-month there are no refunds available on Subscription packages.

10.0 Excess Data Storage Fees.

10.1 The maximum disk storage space provided to You at no additional charge is 20 MB. If the amount of disk storage required exceeds these limits, You will be charged the then-current storage fees. REI will use reasonable efforts to notify You when the average amount of storage used by You reaches approximately 90% of the maximum; however, any failure by REI to so notify You shall not affect Your responsibility for such additional storage charges. REI reserves the right to establish or modify its general practices and limits relating to storage of Your Data and Your Content.

11.0 Fraud and Chargeback Rights.

11.1 You hereby agree that all fraud and misuse of any credit card used by You to pay for the Service will be promptly reported to REI. You also agree that any disputes with billing, delivery, or Service quality will be addressed and investigated through REI. Any charges disputed with Your issuing bank or financial institution without first contacting REI for resolution may be construed as an attempt to defraud REI. Liquidated damages up to five hundred dollars ($500) may be assessed by REI, in its discretion, against any individual who fraudulently obtains a subscription or access to the Service or whose transaction later results in a chargeback to the account. You agree that the liquidated damage amount above is reasonable, does not constitute a penalty, and is being established due to the difficulties and inconvenience associated with attempting to establish the exact amount of loss which may be sustained by REI due to excessive chargebacks to Your account. You agree to indemnify and hold REI harmless from any and all claims, fines or other damages imposed by any credit card company or other entity due to excessive chargebacks, which are the cumulative result of Your fraudulent actions. The REI Fraud department will review all chargebacks.

11.2 Chargebacks issued for reasons REI deems as non-fraudulent and that REI feels You were provided with proper services and/or support will be disputed through Your credit card company. It is Your responsibility to notify REI of any problems You are having with the Service immediately.

11.3 Any chargebacks that result from fraudulent activity will be investigated. REI uses Credit Card Verification (CVV2) to validate Your credit card. You acknowledge and agree that Your IP address and network host may be recorded when You chose to accept this TOS electronically and each time that You log into the Service. This information will be used to trace the order to the person(s) that accepted the TOS. All information on fraudulent accounts will be turned over to the proper authorities to assist in locating and prosecuting any and all guilty parties.

11.4 Claiming a charge as fraudulent to avoid payment for Your subscription or use of the Service is illegal and any and all violators will be prosecuted to the fullest extent of the law. Your credit card company and the proper authorities will be notified. For any chargebacks submitted as fraudulent, REI may require a copy of a filed police report and a signed affidavit from Your credit card company stating that the charge was fraudulent and that Your credit card and/or credit card numbers were stolen or otherwise falsely obtained and used.

12.0 Refunds, Cancellation and Termination for Cause.

12.1 Subject to the other terms contained herein, including Section 9.6, You may cancel Your Subscription at any time by completing a Cancellation Form provided by REI. This form can be completed online or if You prefer will be provided to You via mail upon Your request. Should You not follow cancellation instructions provided to You on the Cancellation Form then Your account will remain active and You are responsible for all charges incurred up to the time the account is deactivated. In the event You cancel Your Subscription, You may request that REI make available to You a file of Your Data within 30 days of the date of cancellation. You agree and acknowledge that REI has no obligation to retain Your Data, and may delete Your Data, more than 30 days after cancellation.

12.2 REI accepts no responsibility for late or unreceived refund or Cancellation Forms, printer or fax failure, failure due to (and not limited to) disconnection from the internet, power failure, heavy internet traffic, instructions not received due to incorrect customer email address on order form, cancellation sent to wrong email address or company other than REI, computer failure, or hardware error. It is Your responsibility to ensure that a refund or Cancellation Form is correctly filled out and received by REI.

12.3 Any breach of Your payment obligations or unauthorized use of the Content, REI Technology or Service will be deemed a material breach of this TOS. REI, in its sole discretion, may terminate Your password, account or use of the Service if You breach or otherwise fail to comply with this TOS. You agree and acknowledge that REI has no obligation to retain Your Data, and may delete Your Data if You have materially breached this TOS, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach. 12.4 REI, upon their discretion, may optionally provide You with some sort of money-back guarantee not described within these TOS (“Special Guarantee”). If You purchased the service at an event or through any type of promotional offer that did offer a Special Guarantee, then You have a right to the benefits as described within the Special Guarantee offered to You. You are also limited by the parameters, limits and terms as described by the Special Guarantee. It is understood that You as the client may be expected to provide information or some form of compliance in order to qualify for the Special Guarantee. You also understand that You are not covered by any form of Special Guarantee that was not offered to You at the time of Your purchase, meaning that You will not qualify for any Special Guarantee that was offered in promotions before or after the date of Your purchase.

13.0 Representations & Warranties.

13.1 Each party represents and warrants that it has the legal power and authority to enter into this TOS. REI represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online REI help documentation under normal use and circumstances. You represent and warrant that You have not falsely identified Yourself nor provided any false information to gain access to the Service and that Your billing information is correct.

14.0 Mutual Indemnification.

14.1 You shall indemnify and hold REI, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with a claim: (a) alleging that use of Your Data infringes the rights of, or has caused harm to, a third party; (b) which if true, would constitute a violation by You of Your representations and warranties; (c) arising from a breach by You of this TOS; or (d) relating to Your use of third party goods and/or services.

14.2 REI shall indemnify and hold You and Your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with a claim: (a) alleging that the Service directly infringes a U.S. copyright, a U.S. patent issued as of the Effective Date, or a registered U.S. trademark of a third party; (b) which if true, would constitute a violation by REI of its representations or warranties; or (c) arising from breach of this TOS by REI. REI shall have no indemnification obligation, and You shall indemnify REI pursuant to this TOS, for claims arising from any infringement arising from the combination of the Service Your Data or with any of Your products, service, hardware or business process(s).

14.3 The foregoing obligations are conditioned on the party seeking indemnification (the “Indemnified Party”): (a) giving the other party (the “Indemnifying Party”) prompt notice of the relevant claim; (b) cooperating with the Indemnifying Party, at the Indemnifying Party’s expense, in the defense of such claim; and (c) giving the Indemnifying Party the right to control the defense and settlement of any such claim (provided that the Indemnifying Party may not settle or defend any claim unless it unconditionally releases the Indemnified Party) of all liability. The Indemnified Party shall have the right to participate in the defense at its expense.

15.0 Disclaimer of Warranties.

15.1 REI AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. REI AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA OR CONTENT WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY REI AND ITS LICENSORS. REI AND ITS LICENSORS FURTHER DISCLAIM ANY LIABILITY, OBLIGATION, RESPONSIBILITY OR WARRANTY WITH RESEPCT TO THIRD PARTY GOODS AND SERVICES AVAILABLE THROUGH THE SERVICE.

16.0 Not a Substitute for Professional Advice. The Service provides information about real estate and aspects of the law and accounting about real estate investing. However, this information is not the same as advice from a licensed professional, whether it be a real estate broker, lawyer and/or certified public accountant who can apply his/her expertise and experience to Your specific circumstances. Although REI strives to make sure the Content is accurate and useful, You should consult an expert for professional assurance that the information and Content on the Service, and Your interpretation of it, is appropriate to Your particular situation and comply with all applicable laws. The Service is not a substitute for personalized advice from a real estate broker, lawyer or certified public accountant licensed to practice in Your area. You are solely responsible for ensuring that the Content and any third party goods and services You may utilize are accurate, up to date, suitable for Your use, and comply with all applicable laws. You acknowledge that You have not entered into this TOS in reliance upon any warranty or representation except those specifically set forth herein.

17.0 Internet Delays.

17.1 The availability of the Service depends on many factors, including Your connection to the Internet, the availability of the Internet and the Internet backbone, and equipment that, by its nature, is not fault tolerant. REI will use reasonable efforts to make the Service available 24 hours per day, 7 days per week, except for scheduled maintenance downtimes, and will use commercially reasonable efforts to promptly investigate any problems that You report to REI. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. REI IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

18.0 Limitation of Liability.

18.1 EXCEPT IF YOU VIOLATE REI’S INTELLECTUAL PROPERTY RIGHTS, AND FOR OBLIGATIONS ARISING UNDER SECTION 14, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL REI AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF YOU HAVE PREVIOUSLY ADVISED REI OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth herein may not apply to You.

19.0 Local Laws and Export Control.

19.1 The Service’s website provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

19.2 This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000

19.3 REI and its licensors make no representation that the Service is appropriate or available for use outside the United States.

20.0 Notice.

20.1 REI may give notice by means of a general notice on the Service, electronic mail to Your e-mail address on record in REI's account information, or by written communication sent by first class mail or pre-paid post to Your address on record in REI's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to REI (such notice shall be deemed given when received by REI) at any time by any of the following: letter sent by confirmed facsimile to REI at the following fax number: 1-800-886-0462 or letter delivered by nationally recognized overnight delivery service or prepaid certified mail, return receipt requested to REI at the following address: 2071 N. Bechtle Ave. #217, Springfield, OH 45504

21.0 General.

21.1 This TOS shall be governed by Ohio law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this TOS or the Service shall be subject to (and the parties hereby agree to submit to) the exclusive jurisdiction of the state and federal courts located in Franklin County and the State of Ohio. This TOS will not be subject to or governed by the United Nations Convention of Contracts for the International Sale of Goods.

21.2 This Agreement may not be assigned by You without the prior written approval of REI but may be assigned without Your consent by REI to: (a) a parent or subsidiary; (b) an acquirer of assets; or (c) a successor by merger. Any purported assignment in violation of this section shall be void.

21.3 No text or information set forth on any purchase order, preprinted form or document (other than a Client Questionnaire, if applicable) shall add to or vary the terms and conditions of this TOS. If any provision of this TOS is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

21.4 No joint venture, partnership, employment, or agency relationship exists between You and REI as a result of this TOS or use of the Service.

21.5 The failure of REI to enforce any right or provision in this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by REI in writing.

21.6 This TOS comprises the entire agreement between You and REI and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

21.7 If You have any additional questions or require any kind of customer service from REI in regards to the Service then You can visit help.realestateinvestor.com. This site contains a “knowledebase” of frequently asked questions as well as a ticket system to service Your inquiries.

BYACCEPTING THIS TOS, YOU ACKNOWLEDGE THAT YOU HAVE READ IT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND REI, SUPERCEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF ANY CREDIT CARD USED TO PAY FOR THE SERVICE. ANY ATTEMPTS TO USE CREDIT CARDS FOR FRAUDULENT PURPOSES WILL BE PUNISHABLE BY ALL LAWS AND PENALTIES. REI RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ACTIVITY TO THE FULLEST EXTENT OF THE LAW.

Email Marketing Terms of Service and Spam Policy

For Email Recipients, ISPs, and Blacklist Admins

RealEstateInvestor.com and Web 3.0 Wealth has a no tolerance spam policy. User accounts will be terminated if they send unsolicited email messages. Please report any suspected abuse to abuse@email.realestateinvestor.com. ISPs and Blacklists administrators may also contact us at abuse@email.realestateinvestor.com. Please forward the complete email in question, including headers. You may also call 800-861-4655 to report abuse. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if You no longer wish to receive emails from the sender. We will take the appropriate action against the sender of the email in question.

All users of Service must agree to only sending permission-based email newsletters as part of agreeing to the Terms of Service upon signup. This means that all recipients sent to must have opted-in to receive communications from the sending organization. An opt-in can occur either via a sign-up form on a web site, at a point-of-sale sign-up form, or on a physical sign-up sheet. Purchased lists may not be used within the email marketer provided by the Service, regardless of the source or permission status.

As a user of the Service, You may not:

· harvest emails from web sites

· purchase lists (whether they are opt-in or not)

· have a subscription form that subscribes users to an unrelated list

· send out unrelated offers or unrelated content to Your newsletter list

· add an email address into a list without the subscriber's permission

· email someone who has requested to be removed from Your list

· utilize a list older than 6 months without reconfirming the recipients' subscriptions

You may:

· send out a regular newsletter to a recipient who has opted-in to receive it

· send out information and content to recipients who have requested to receive content on that topic from Your organization

Policy Enforcement

· REI has a no tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited to:

· REI reviews and monitor large list imports. This includes a review of the list source, list age, collection methods, and confirmation practices.

· REI utilizes an MD5 hash record to screen for characteristics of commonly harvested lists

· A member of REI’s staff reviews each message sent to more than 5000 recipients and either will approve or reject it. This threshold is 500 recipients for clients that have been with us less than two months.

· REI utilizes a content-checking utility to screen and flag any message that contains words common to unsolicited emails.

· A record is saved of every email that is sent through the system.

· Any customer found to be using the email service provided in the service, the “Email Marketing Suite”, for spam will be immediately cut-off from use of the Email Marketing Suite without a refund.

· REI maintains the IP address and date subscribed for every new subscriber.

· Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.

Procedure for Handling Complaints

REI has a no tolerance spam policy. Your access to the Email Marketing Suite will be immediately terminated if You send spam. Spam is defined as unsolicited mass email to persons with whom You do not have a business relationship or have not requested (opted-in to) Your mailing. The Service and the Email Marketing Suite are intended for businesses and organizations who have an established list of permission-based opt-in email addresses. REI provides the Service only to clients who follow our strict anti-spam policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to Your list may incur a $100 (US) charge per substantiated incident (i.e. per email) in accordance with state and federal regulations.

To determine whether You have sent spam we will:

· review the content of the message in question

· review Your subscriber list for patterns common to harvested lists

· review the spam complaint

· view the records to see when the subscriber was subscribed and their IP address

Procedure for Handling False Positive Complaints

REI realizes that it is possible for those who have subscribed to Your mailings to have forgotten that they have subscribed. For this reason, REI keeps the IP address and date of subscription for all new subscribers. If REI receives a complaint from a subscriber for which they have a record of their subscription, and the email sent to them contained the content they subscribed to, then REI will notify the subscriber of the date and from which computer they subscribed from and provide a link for that subscriber to unsubscribe from Your list.

Upon this type of complaint, REI will notify You of the complaint, explain the action taken, and review Your web site and may suggest changes to the notifications or descriptions You provide when subscribers sign up for Your lists. In the case that a subscriber who makes a complaint did not sign up through Your site (i.e. was imported into the system) no IP record or date of subscription will be available. In this case, REI will investigate the situation, look at the email in questions, and if it is determined that You may be sending unsolicited email REI will immediately disable the sending function on Your account and will immediately contact You by email and/or phone. As soon as REI hears from You and is able to verify that the subscriber was indeed an opt-in subscriber, they will remove the sending-block.

Transfer of Subscribers

Please note that a subscriber subscribing to one of Your lists does NOT give You permission to transfer them to other lists or send them content, even if it is through the same list that differs from the content subscribed to.

Email Marketing Suite Terms of Service

1. Services. REI provides on demand email marketing software and services ("Email Services") for the electronic distribution of customer created and/or approved content to customer's list of contacts ("Recipients"). Among other things, REI provides customer support, and format and transmit the electronic content we are asked to distribute. "Customer" means any person or entity for whom the Email Services are designed or who uses the Email Services. REI assumes that its Email Services are used by You for business purposes. You authorize REI to transmit messages and provide information to their Recipients on their behalf. In the course of providing those Email Services, Customers provide us with personal information relating to their Recipients.

2. During the term of this Agreement and subject to the terms and conditions set forth herein and any guidelines, rules or operating policies that REI may establish and post from time to time on web.realestateinvestor.com (the "Site"), including, without limitation REI's anti-spam policy, Privacy Policy located at and prohibited content and commerce statement (collectively, the "Policies") (which are incorporated herein by reference), REI agrees to use commercially reasonable efforts to provide Customer with the Services. From time to time, REI may modify the terms and conditions of this Agreement and/or the Policies. All such changes shall become effective upon posting of the revised Agreement and/or Policies, as the case may be, on the Site, and Customer's use of the Services thereafter shall be subject thereto. Customer agrees that its purchase of the Services is neither contingent upon the delivery of any future functionality or features, nor is it dependent upon any oral or written comments made by REI with respect to future functionality or features.

3. Fees and Payment. In consideration for the Services to be provided by REI, Customer agrees to pay the monthly Subscription fees set forth in the TOS. Paid Subscription fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked by a third party.

4. Customers' Recipient Data. In offering the Email Services, we may collect personal information about Recipients. REI will not own any data, information or material that any of its Customers submit to in the course of its provision of the Services ("Customers' Recipient Data"). Customers are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customers' Recipient Data, and Customers are responsible for maintaining, securing and storing all Customers' Recipient Data in accordance with applicable law. REI will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customers' Recipient Data.

5. Use of Services. Customer acknowledges and agrees that it will use the Email Services only to access, employ, utilize, or display the Software solely for Customer's "internal business purposes" by Customer's employees or by independent contractors hired by Customer. For the avoidance of doubt, the term "internal business purposes," as used herein, does not include, among other things, the right to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws (US: canspam act); (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or any material in violation of any third party privacy rights; (iii) send messages to any purchased (email) lists, distribution lists, newsgroups, or spam email addresses; or (iv) send or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. Customer agrees to report immediately to REI, and to use best efforts to stop immediately, any violation of the terms and conditions set forth in this Section 5 or any of the Policies.

6. No Tampering. Each email message that is sent using the Email Marketing Suite must contain an "unsubscribe" link that allows visitors to remove themselves from Customer's mailing list and a link to Web 3.0 Wealth's Policies. Customer agrees that it will not remove, disable or attempt to remove or disable either link.

7. REI may terminate this Agreement at any time if Customer does not abide by the terms of this Agreement or those described within the TOS. In the event of any suspected violation of the terms, conditions or restrictions set forth in this Agreement or the TOS, REI may immediately disable Customer's access to the Services, including the Email Services, and suspend its provision thereof. Any default in the performance of any of Customer's obligations hereunder, shall be considered a material breach of this Agreement and shall entitle REI to terminate immediately this Agreement, to terminate REI’s provision of the Services and to pursue all available equitable and legal remedies. Upon termination of this Agreement, Customer's payment of all unpaid and outstanding fees and Customer's written request received by REI within thirty (30) days of such termination, REI will provide Customer with an electronic file of the Customers' Recipient Data. Customer acknowledges and agrees that after the thirtieth (30th) day following termination, REI has no obligation to retain the Customers' Recipient Data and may delete and destroy such Customers' Recipient Data without providing Customer with notice of such deletion.

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