Effective Date: July 5, 2022
PLEASE BE ADVISED THAT COMPANY IS NOT ENGAGED IN RENDERING BUSINESS-RELATED, INCOME-RELATED OR EMPLOYMENT-RELATED ADVICE, AND NOTHING WE DO AND NO ELEMENT OF THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR PRODUCTS AND/OR SERVICES OFFERED BY COMPANY SHOULD BE CONSTRUED AS SUCH. COMPANY DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE INFORMATION OR ADVICE MADE AVAILABLE BY AND THROUGH THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR ANY PRODUCTS AND/OR SERVICES OFFERED BY COMPANY, NOR DOES COMPANY REPRESENT OR WARRANT THAT SUCH INFORMATION OR CONSTITUENT ADVICE IS ACCURATE, COMPLETE OR APPROPRIATE. COMPANY ASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH INFORMATION. ALL PRODUCTS AND/OR SERVICES THAT WE OFFER ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. CHECK WITH YOUR ACCOUNTANT, LAWYER AND/OR OTHER PROFESSIONAL ADVISERS BEFORE ACTING ON ANY INFORMATION PROVIDED BY AND THROUGH OUR SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR COMPANY. INCOME RESULTS ASSOCIATED WITH THE USE OF THE MEMBER SERVICES AND/OR COMPANY ARE BASED ON MANY INDEPENDENT FACTORS. THEREFORE WE DO NOT GUARANTEE THAT YOU WILL ATTAIN A CERTAIN LEVEL OF INCOME OR OTHER FINANCIAL BENEFIT FROM USE OF THE MEMBER SERVICES AND/OR ANY PRODUCTS AND/OR SERVICES OFFERED BY COMPANY.
2. Scope of Agreement. The Agreement supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained therein. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, Member Services Site and/or Member Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes. You understand and agree that Company is not responsible or liable in any manner whatsoever for your inability to use any products and/or services offered by Company and/or Site.
3. Requirements. The Site is available only to individuals that can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under the age of eighteen (18), you do not have permission to use and/or access the Site.3Description of Products and Services. Subject to the terms and conditions of the Agreement, by registering on the Site, and receiving approval from Company, you can obtain, or attempt to obtain, products and/or services offered by company and associated Member Services. The Member Services, will enable you to: (a) access and utilize the interactive features of the Member Services Site; (b) apply for and utilize products and/or services offered by Company; and (c) utilize the many resources and programs of the Member Services Site that are designed to facilitate your participation in various Company programs. As a Member, in connection with the Member Services and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal securities laws.
4. Registration/Account. To obtain access to any product or service offered by Company and/or information concerning the Member Services, where applicable, through the Site, you must first submit your registration to Company for approval. Company reserves the right, in its sole discretion, to deny Membership, as well as any Company sponsored product and/or service (including, without limitation, the product and/or service being offered) to anyone and for any reason, whatsoever as permitted by applicable law. The registration data that you must supply on the Site in order to obtain access to any product and/or service, Member Services and/or other Company sponsored products and/or services includes, without limitation: (a) full name; (b) e-mail address; (c) telephone number; (d) home address; (e) credit card number and associated information; and (f) any and all other information requested on the applicable registration form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. Company will verify and approve all registrants in accordance with our standard verification procedures. Once you have submitted your Registration Data on the Site, we will review the submission and send a confirmation e-mail to you if we approve your application. The confirmation e-mail may contain the following information: (i) your User Name; and (ii) your Password. In addition, after registering, Company may, in its discretion, provide you with a confirmation page that contains your User Name, Password and a link to the Member Services Site homepage. You can access your specific Member Services Account at the Member Services Site homepage using your User Name and Password. You are responsible for maintaining the confidentiality of your Member Services Account, User Name and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member Services Account, User Name and Password, including any and all purchases made through the use of same.
Company may reject your application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (A) where Company believes that you are in any way in breach of the Agreement; and (B) where Company believes that you are, at any time, conducting any unauthorized commercial activity by and through the Member Services.
5. Membership Fees. Upon registering, providing the requisite Registration Data and ordering a product and/or service ("Product") from Company, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”) will be charged. This amount may be a non-refundable shipping and handling fee charge or other amount (“Fees”). Please note that where the initial delivery of the Product is returned due to an invalid or incorrect mailing address provided by you during registration, any re-shipment of the Product will incur an additional non-refundable shipping and handling fee at the same amount as initially charged. We will use commercially reasonable efforts to ship the Product within seven (7) days to the shipping address that you provided during registration. Your Active Credit Card will be charged the applicable amount for all Fees, including the shipping and handling charges, for the Product, upon registration and/or renewal. All charges are payable in United States currency, and such Fees will appear on your Active Credit Card bill as “Real Estate Leadership Institute”. You acknowledge and agree that Company will not obtain additional authorization from you for each month of Membership.
6. Some offers Company may make on Site may include a monthly membership service. In the event such offer includes a Membership, for so long as your Membership is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the Member Services does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Company in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site, Member Services Site and/or Member Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Company authorization to provide and bill its Member Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your Member account may be deactivated, and access to the Site denied, for non-payment.
7. Cancellation. The following provision is only applicable in the event you have subscribed to a monthly membership service. You may cancel your Membership at any time by calling us at 877-410-8777 Monday through Friday, 9:00 AM – 5:00 PM, EST. In event the offer you purchase includes a trial membership period, if you decide to cancel your Membership prior to the expiration of such Trial Membership period, we will refund any and all Monthly Fees charged to your Active Credit Card; provided, however, that you will remain liable for any shipping and handling charges associated with the shipment of any products. Please have your Registration Data available for efficient processing of your cancellation order. The following conditions apply to any cancellation: (a) you shall not receive any pro-rata refund of your Monthly Fees for partial months; (b) you shall not receive any refund for the Fees; and (c) other than for cancellation during the Trial Membership period, you shall not receive any refund for amounts previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid charges billed by Company. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Company. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 7 below shall immediately terminate.
8. License Grant. As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Member Services Site, associated Site and Member Services Site content and, where applicable, the Company, in accordance with the Agreement. Company may terminate this license at any time for any reason. You may use the Site and, where applicable, the Company and/or Member Services Site, on one computer for your own personal, non-commercial use. No part of the Site, the Company and/or Member Services Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of content or other material from the Site, Company and/or Member Services Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content, Company, Member Services Site or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Site, Company and/or Member Services Site is not transferable.
9. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Company, Member Services, Member Services Site and the Site, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Company, Member Services, Member Services Site and/or Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site and/or Member Services Site. The posting of information or material at the Site and/or Member Services Site does not constitute a waiver of any right in such information and/or materials.
10. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
12. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Company, Member Services, Member Services Site and/or the Site; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Company, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors and/or suppliers. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
13. Disclaimer of Warranties. THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Company MAKES NO WARRANTY THAT: (A) THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS; (B) THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL BE ACCURATE OR RELIABLE. THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND MEMBER SERVICES SITE, OR THE HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE SITE, MEMBER SERVICES SITE OR Company. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Company, THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability
14.1 IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF OUR SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SITE; (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF YOUR DATA, OR A BREACH OF DATA OR SYSTEM SECURITY; OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
14.2 IN NO EVENT WILL WE OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, FINANCIAL LOSS, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT AVAILABLE BY OR AS A RESULT OF YOUR USE OF OUR SERVICES.
14.3 IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF OURS AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US IN CONNECTION WITH THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
14.4 Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. In the event that the foregoing is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
15. Third Party Websites. The Site and/or Member Services Site may provide, third parties may provide and/or Company may refer you to, links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's terms and conditions, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
16. Legal Warning. Any attempt by any individual, whether or not an Company customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Member Services Site, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
17.1 Signing Up and Opting-In to the SMS Service. Enrollment in the SMS Service requires you to provide your mobile phone number and electronic signature to agree to these Terms. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the SMS Service starts, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this SMS Service and your agreement to these Terms. Freedom Mentor reserves the right to stop offering the SMS Service at any time with or without notice.
By opting into the SMS Service, you:
• Authorize Freedom Mentor to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
• Acknowledge that you do not have to agree to receive messages as a condition of purchase.
• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
• Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 877-693-3172. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
17.2 Messages You May Receive. Once you affirm your choice to opt into the SMS Service, your message frequency may vary. You may receive an alert when:
• you are welcomed into the SMS Service
• an order has been placed
• an order has been delivered
• an item or items has shipped; an item or items are ready for an in-store pick up
• general marketing or promotions
17.3 Charges and Carriers. Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Service may not be available on all wireless carriers. Freedom Mentor may add or remove any wireless carrier from the SMS Service at any time without notice. Freedom Mentor. and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
17.4 To Stop the SMS Service. To stop receiving text messages from Freedom Mentor reply STOP to any of the text messages you have received from Freedom Mentor. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Freedom Mentor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Freedom Mentor through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the SMS Service.
17.5 Help and Questions. You can text HELP for help at any time. This will provide you a link to the Terms along with a phone number to call for assistance. If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. You can also contact us at 877-410-8777.
17.6 Mobile Phone Number Change. In the event that you change or deactivate your mobile phone number, you agree to notify Commercial Property Advisors by emailing [email protected] or calling 877-410-8777.
As always, message and data rates may apply for any messages sent to you from us and to us from you. This does not include messages non-autodialed messages such as those from sales associates, conversations with “HELP” providers, or package delivery updates. If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services Commercial Property Advisors provides, contact us at 877-410-8777.
Freedom Mentor will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
18. Call Recording Disclosure: We monitor and record all calls between you and the Company. You agree that we may monitor and record calls between you and us, and that your participation in these calls is an acknowledgment of your consent to be recorded.
19. Disputes: Arbitration Agreement, and Class Waiver. Please read this section carefully. Except as the Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
19.1 Agreement to Binding Arbitration. Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Support services at 877-410-8777 or send the written description by U.S. Mail to ADDRESS; 6538 Collins Ave, Ste 304, Miami Beach, FL 33141 Attn: General Counsel. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Site or our Services on an individual basis in arbitration. You and we agree that any disputes between us (including any disputes between you and a third-party agent of Commercial Property Advisors) will be resolved through binding and final arbitration and not in a court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, (a) any dispute, claims, or controversy arising out of or relating to any part of the Terms, (b) the existence, breach, termination, enforcement, interpretation or validity thereof; or (c) your access to or use of the Site’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“JAMS”) for individual arbitration in the county of your billing address (or such other location as you and we mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the JAMS pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this agreement.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.
Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.
19.2 No Class Action. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
19.3 Rules and Governing Law. The arbitration will be administered by the JAMS in accordance with the Comprehensive Arbitration Rules & Procedures then in effect, except as modified by this Arbitration Agreement. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida, without regard to its conflict of laws provisions.
19.4 Arbitration Process. To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: [email protected], and (2) contact the JAMS and follow the appropriate procedures with the JAMS to commence the arbitration. The JAMS consumer rules for arbitration will apply as modified by this Dispute Resolution section. Payment of all filing, administration and arbitrator fees will be governed by the JAMS's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the JAMS rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, Commercial Property Advisors will pay all fees and costs that we are required by law to pay.
Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Miami-Dade County, Florida. You and we will submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.
19.5 Arbitrator’s Decision. The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.
Judgment on any award rendered by the arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns.
With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.
20. Severability. If any portion of these Terms are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
21. Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
22. Customer Service. If you have any questions, please email: [email protected] or call 877-410-8777
You may also send a letter to:
Commercial Property Advisors, LLC
6538 Collins Ave, Ste 304
Miami Beach, FL 33141