Apartment Educators Service Terms
1.1 General. Our goal is to introduce you to multi-family investing and help you get started as an investor in this space. We do not promise that you will achieve a specific result, and we are not offering any investment opportunities. You should expect to work hard and spend significant time beyond your use of the Services to succeed at multi-family investing. You should be aware that there are risks inherent in multi-family investing. Even with lots of hard work, you may not be successful for reasons that you cannot control.
Apartment Educators will use reasonable care to provide you with good quality and accurate information as part of the Services, but you should keep in mind that:
- real estate markets and laws differ from place-to-place and are constantly changing; the information we provide may not be accurate for a given area and may quickly become out of date;
- we do not provide legal, tax, or investment advice – you are responsible for hiring your own professional advisors;
- you should do your own due diligence for any project you are interested in; our coaching and mentoring is not intended to be a substitute for thorough and appropriate due diligence;
- we may provide numbers to illustrate certain concepts, but the numbers and outcomes are intended to help you understand a concept, and are not predictions of actual earnings or other outcomes;
- any personal testimonials on our website are based on the individual effort, skill and experience of the individuals making them, and not solely on the use of our services;
- any opinions stated in blogs, signed articles, the like materials made available on our website are the opinions of the individual author and not Apartment Educators; any opinions expressed by individuals you may meet at events we organize (such as presenters or other students or members of the multi-family community) are the opinions of those individuals and not Apartment Educators;
- we may provide links or references to third party websites, books, or other materials that may be of interest to you, but we do not endorse or recommend any third party materials;
- we may provide you with names of third party service providers that may be useful to you, but we do not endorse or recommend those service providers; you are responsible for investigating the qualifications of any third party whose services you use.
Our services include subscription-based access to our proprietary online information services at www.apartmenteducators.com, live training and consulting services, networking events, site tours, and other services (the “Services”). Any live training or consulting will be provided via webex or conference call unless otherwise agreed. We may permit you to use limited evaluation Services at no charge, and we offer more extensive Service packages for a fee as described on our website or in a separate ordering document. We may discontinue Services provided at no charge at any time in sole discretion. We agree to provide the Services that you purchase for the agreed subscription term, subject to our right to terminate or suspend the Services as described below.
- Content License. The information and materials made available to you as part of the Services (the “Content”) is licensed to you for your personal use on the following conditions and restrictions:
- the license is for a limited term, except that you may continue to use Content that we expressly authorize for download (the “Downloadable Content”) after the expiration of your subscription so long as you are in compliance with these Service Terms;
- you may not use the Content to provide services to others; you may permit your professional advisors and staff to use the Downloadable Content to provide services to you, but you may not otherwise sub-license or re-license the Content, in whole or in part;
- you may not use the Content to develop a service that competes with Apartment Educators;
- except for Downloadable Content you may not make copies of the Content, you may not record Content that is presented at an event or site tour;
- you may not remove our copyright, trademark or other proprietary notices on the Downloadable Content; you may import project-specific metrics into the spreadsheets or other tools we provide as Downloadable Content, but you may not otherwise modify or make derivative works of the Downloadable Content;
- your license is non-exclusive; Apartment Educators may use the Content for its own purposes and may license the Content to any other person.
You agree that Apartment Educators owns any information or materials that you create in violation of this Section or Section 5 (Confidential Information), and on Apartment Educator’s request you will promptly deliver those information and materials to Apartment Educators or destroy them, as requested by Apartment Educators.
- Fees and Payments
If you purchase a Services package online, the amount of Service fees, payment method, and the due dates are stated in the online materials describing the Service packages. If you purchase Services under a separate ordering document, the fees, payment method, and due dates are stated in the ordering document. Fees stated online and in the ordering document do not include any sales or use tax that may be due, and Apartment Educators may require you to pay applicable Sales tax on the payment terms applicable to the related fees. If you do not pay the fees when due, Apartment Educators may suspend access to the Services until the fees are paid, and may terminate your Service subscription for breach as provided in Section 6 (Term, Termination, Suspension). Except to the extent we have committed to a “satisfaction guaranteed” or “money back guaranty” or the like, fees are non-refundable, even if you do not use the Services you purchase. We will schedule a reasonably sufficient number of opportunities for your to use all of the live events included as part of your Service subscriptions. We do not have to make available any special make up events or extend the term of your subscription if your schedule does not permit you to attend all of the events included in your purchased Services within your subscription term. If you miss a small group training session more than twice, we may fulfill that training obligation by providing a recording of the training.
- Your Obligations, Representations and Warranties.
- You agree to treat our staff and our other clients and community with professional respect and courtesy. We may ask you to leave a training or other event if you are intoxicated, rude or otherwise unprofessional.
- Your login to our site is for your use only. You may not share your login information with any other person.
- You may not permit others to sit-in on trainings or attend other events with you or on your behalf unless you have our express permission.
- You represent and warrant to Apartment Educators that you have not been the target of any legal or regulatory investigations or proceedings in connection with your business activities related to your use of the Services.
You agree to indemnify and hold Apartment Educators harmless from any third party claim arising from your use of the Services, Content, or Apartment Educators Confidential Information in violation of the agreement.
- Confidential Information.
5.1 Apartment Educators Confidential Information. Apartment Educator’s “Confidential Information” is the Content, as the term “Content” is defined in Section 2 (Content License) above, and any other information or materials disclosed or made available to you as part of or in connection with the Services, such as information provided at an event, and any other information that is marked as “confidential” or with like notice if disclosed in written or graphic form, or that are orally designated as “confidential” or with similar word(s) at the time of disclosure if disclosed in oral or visual form. Examples of information that may be disclosed orally or visually and designated as Apartment Educators Confidential Information are: (i) property conditions observable by you as part of a site tour, and (ii) information included as part of an oral presentation or slide deck at a networking event. You may not use or disclose Apartment Educator’s Confidential Information that is Content other than as expressly permitted by Section 2 (Content License), and you may not use or disclose Apartment Educator’s other Confidential Information except for your personal educational purposes. You must use reasonable care to prevent the unauthorized use or disclosure of Apartment Educator’s Confidential Information.
5.2 Your Confidential Information. Your “Confidential Information” is information you disclose in written or graphic form to Apartment Educators that you conspicuously mark as confidential or with like notice. Apartment Educators will not disclose your Confidential Information to any person other than its staff and service providers, and will not use or permit any person to use your Confidential Information for any purpose other than providing you with the Services.
5.3 Your Responsibility to Limit Disclosures. You should not disclose information to Apartment Educators in violation of a confidentiality obligation you have to someone else. In addition, you should check with Apartment Educators prior to disclosing information about a specific project. Our staff and owners are involved in multi-family projects in their personal capacities or as part of ventures separate from Apartment Educators. We do not want information from you about a specific project if there is a chance that the disclosure could create even the appearance of impropriety by our staff or owners.
5.4 Exceptions. The requirements of this Section will not apply to information disclosed by one of us (the “discloser”) to the other (the “recipient”) that would otherwise be “Confidential Information” if:
- the recipient promptly notifies the discloser on receipt of the information that the recipient may have a conflict of interest or other reason to refuse the information, and promptly returns or destroys the information. For example, if one of us discloses information about a specific multi-family project that the other (or the other’s staff or owners) is involved in as an investor or sponsor, the recipient may promptly return the information and notify the other that it the confidentiality obligations are not applicable.
- the information is or becomes publicly available other than through the recipient’s breach of its confidentiality obligations;
- the recipient is already in possession of the information prior to the disclosure by the discloser; or
- the information is learned by the recipient from a source other than the discloser, provided that the information did not become available as a result of a breach of a duty of confidentiality to discloser by some other person.
If the Confidential Information is a list or other compilation, an exception applies only if the information in the compiled form is covered by the exception. For example, if Apartment Educators provides you with a list of useful resources, the fact that any or all items on the list is available separately from the disclosed list in publicly available records does not bring the list or any of the items on it under the exception.
In addition, if the recipient is required by a subpoena or other compulsory legal process to provide the discloser’s Confidential Information to a government agency or third party, the disclosure is not a violation of this Section if the recipient gives notice of the requirement to the discloser (unless notice is prohibited by law) reasonably in advance of making the disclosure and limits the disclosure to that information that is legally required to be disclosed.
- Term, Termination, Suspension. The initial subscription term for the Services is described online for online purchases or in a separate ordering document. At end of the initial subscription term the subscription will renew automatically on a month-to-month basis at our then-published rate for maintenance subscriptions unless we have made other arrangements with you. If you do not want the subscription to renew, we ask that you notify us at least 10 days before the expiration of the initial subscription term. Following the initial subscription term, either of us ma terminate the subscription at any time on written notice, and no further fees will be charged.
We may terminate your subscription at any time, provided that if we terminate your subscription other than for your violation of these Service Terms we will give you at least 10 days advance notice and will refund any a prorated portion of the fees you have paid based on the number of days remaining in the subscription term. You may terminate the subscription at any time, but we will not refund your fees unless your termination was for our material failure to provide the purchased Services and we have failed to cure that failure within ten (10) days of your notice to us describing the failure in reasonable detail. If we owe you a fee refund, we will refund a prorated amount based on the number of days remaining in your subscription term.
We may suspend your use of the Service at any time if we reasonably suspect that you may be in violation of these Service Terms, provided that we will give you notice of the suspension and will promptly reinstate your access to the Services when the issue has been resolved. If we suspend your access to the Services for more than 7 days under this paragraph and it turns out that you were not in violation of these Service terms, we will refund to you a prorated portion of the fees for the period of suspension.
Except for our obligation to provide the Services, these Service Terms shall survive expiration or earlier termination of your subscription in their entirety.
- Release of Liability – Site Tours. Apartment Educators may require you to sign a liability release as a condition to your attendance at a site tour. The liability release may include waivers, releases, and indemnifications that, to the maximum extent permitted by law, release Apartment Educators, the premises owner, and all related tour sponsoring entities and their affiliates from liability for your personal injury, death, and damage to your property resulting from your attendance at the site tour. Apartment Educators is not required to refund any fees, and will not have any other liability to you, if you are not permitted to attend a site tour because you would not sign the release.
- Disclaimers, Limitations of Liability.
APARTMENT EDUCATORS DISCLAIMS ALL RESPONSIBILTY FOR THIRD PARTY INFORMATION THAT IT LINKS TO OR IDENTIFIES. THIRD PARTY INFORMATION IS PROVIDED “AS IS.”
EXCEPT FOR APARTMENT EDUCATOR’S OBLIGATION TO USE REASONABLE CARE WITH RESPECT TO THE INFORMATION IT PROVIDES AS stated in section 1 above, THE SERVICES and ALL INFORMATION AND MATERIALS PROVIDED TO YOU ARE PROVDIED AS IS, WITH NO REPRESENTATION OR WARRANTY WHATSOEVER.
Apartment Educators disclaims any implied warranties, such as a warranty of merchantability, fitness for a particular purpose, and non-infringement, and any representation or warranty that may arise through a course of dealing.
You acknowledge that the use of the online Services may not be uninterrupted, error free, or completely secure. You represent to Apartment Educators that you have not relied on any representation or warranty other than those stated in these Service Terms.
In the event you have a legal claim against Apartment Educators or any of its owners, members, managers, officers, employees, contractors, resellers, distributors, sponsors, speakers, or suppliers or any of their affiliates (collectively the “Apartment Educator Persons”), arising from the Services, the Content, the agreement the activities related to any of them, the maximum total amount of money you can recover from any or all of them individually and in the aggegate shall not exceed the amount of fees you have paid or that are payable for Services for the twelve (12) months prior to the date the claim arose, unless the legal claim is based on a Apartment Educators Person’s misrepresentation or wilfull misconduct.
In addition, you agree that in no event are you entitled to recover any lost revenue, lost profits, damages for lost data, or any indirect or consequential loss or damages or any kind.
You acknowledge that Apartment Educators has set its fees and agreed to provide Services to you in reliance on the limitations of remedies and liability stated in these Service Terms, and that these limitations reflect an agreed allocation of risk between you and Apartment Educators. The limitations stated in this Section shall apply to any liability arising from any cause of action whatsoever, whether in contract, tort, commercial code, strict liability or otherwise, even if a limited remedy fails of its essential purpose.
If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law.
10.1 No Children. You are not permitted to use the Services if you are under the age of eighteen.
10.2 Reservation of Rights. Except for rights expressly granted in this agreement, Apartment Educators retains all right, title and interest in and to its Services and Content and all related intellectual property rights. No rights in intellectual property may arise by implication or estoppel.
10.3 Feedback. You hereby license to Apartment Educators any feedback or suggestions that you provide regarding the Services, Content, or Apartment Educators’ other existing or proposed products or services on a perpetual, irrevocable, royalty free, worldwide, unconditional, fully sublicensable and transferable basis, including the right to make, have made, use, sell, offer to sell, import, copy, display, perform, modify, distribute in modified or unmodified form, and commercialize any intellectual property, without payment of any compensation to you.
10.4 Governing Law. The agreement is governed by and should be interpreted under the laws of the State of Texas without giving effect to any conflicts of law principles that would require the application of the law of a different jurisdiction. The parties expressly and irrevocably disclaim and waive the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Act.
10.5 Notices. Apartment Educators notices to you are effective on the date sent to your email address on file with Apartment Educators. Your notices to Apartment Educators are effective on the date sent to [email protected], unless that day is a Saturday, Sunday or federal public holiday in the United States, in which case the notice is effective on the first day following the date sent that is not a Saturday, Sunday, or federal public holiday in the United States.
10.6 Disputes. Any lawsuit or other legal action related to the subject matter of the agreement shall be brought in the State or Federal courts sitting in Bexar County, Texas, provided that either of us may require resolution via arbitration, in which case the arbitration shall be conducted in Bexar County, Texas by a panel of three arbitrators in accordance with the Rules of the American Arbitration Association. Except for requests for temporary equitable relief to protect Confidential Information or other propriety right or information, each of agrees not to file an action in any tribunal until it has first attempted to resolve the dispute through good faith negotiation. To the extent permitted by applicable law, each party waives the right to a trial by jury in respect of any litigation arising out of or connection with the subject matter of the agreement. Neither of us may not bring an action related to the Services, Content or agreement more than two (2) years after the date that the action accrued.
10.7 Publicity, Media Release. If you authorize Apartment Educators to use your name, likeness, testimonial, trademark or other information in which you have a proprietary right, we may do so without compensation to you except as we have expressly agreed in writing. Unless otherwise stated, any permission you grant covers the use of covered information on Apartment Educator’s website, social media (such as Facebook, Twitter and LinkedIn), as well as release to the press for publication on traditional and online news publications, in marketing brochures, and other materials and publicity. If you authorize Apartment Educators to use a trademark you own, then we agree to use the trademark in accordance with your reasonable trademark usage guidelines communicated to Apartment Educators.
10.8 Relationship of the Parties. Neither of us is the agent of the other, and neither of us may bind the other on any contract. The use of the words “partner” or “partnership” with respect to our relationship refers only to a business relationship, and does not create or reflect any legal partnership, joint venture, or other fiduciary or other special relationship between the persons described as partners. The parties do not agree to any exclusivity in regards to the subject matter of the Services or Content and each party is free to contract with third parties, including competitors of the other party, for services of the same type as those described in these Service Terms.
10.9 Interpretations. The words “we,” and “our” refer to Apartment Educators. The term “you” and “your” refer to the person using the Services. The word “us” refers to Apartment Educators and you, collectively. The word “agreement” refers to the agreement between us for the provision and use of the Services, and is comprised of these Service Terms and the online materials describing the Services or the offline ordering document, as applicable. The word “person” is a natural person (individual), a legally-created person (such as a trustee, or executor), an entity (such as a corporation, partnership, or limited liability company), or any other organization recognized as a person by law or equity. The use of the word “including” should be read to mean “including, without limitation.” The term “parties,” either in lower- or upper-case form, refers to the persons who are parties to these Service Terms unless designated as a “third” party. A reference to “day” shall mean a calendar day, unless expressly designated as a “business” day. All software and other technology provided for your use is licensed and not sold; any references to a sale or purchase of software or other technology means the sale or purchase of a subscription. Any requirement that a statement be written, in writing, or a like requirement is satisfied by an email or other digital form of writing unless expressly stated otherwise. Nouns stated in the singular imply the plural as indicated by the context, and pronouns that are gender specific refer to either gender. The section captions in these Service Terms are for convenience only; they are not part of the agreement and may not be used to interpret the terms of the agreement.
10.10 General. There are no third-party beneficiaries to the agreement. If one or more of the terms of the agreement are adjudicated invalid, illegal, or unenforceable, the adjudicating body may either interpret the agreement as if such terms had not been included, or may reform such terms to the limited extent necessary to make them valid, legal or enforceable, consistent with the economic and legal incentives underlying the agreement. No right or remedy arising under the agreement shall be waived by a course of dealing or a delay in exercising the right or remedy. A party may waive a right or remedy only by signing a written document that expressly identifies the right or remedy waived. You may not assign the agreement to any person without our advance written consent, and any attempted assignment in violation of this term is void. Neither of us is in violation of the agreement if the failure to perform is due to an event beyond that party’s reasonable control, such as a significant failure of the power grid or Internet, denial of service attacks, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other acts or events for which precautions are not generally taken in the industry. The agreement may not be modified except by a written amendment that expressly refers to these Service Terms or other part of the agreement.
The agreement is the complete and exclusive agreement between the parties regarding its subject matter, and supersedes and replaces in its entirety any prior or contemporaneous agreement or understanding written or oral.