VestorPRO is an awesome company that coaches it’s students on the subject of investing in real estate. We think life is too short not to enjoy it, so we’ve tried to make these Terms of Service a little less boring! We hope you enjoy our sarcasm! If you dislike reading this kind of fine print as much as we do, here is the long and short of it: Don’t steal or share our stuff. Don’t try to sue us because you made a bad decision and something went wrong with your investment. We do our best to provide quality education and materials, but in the end it’s up to you! If you like all the fine print, feel free to put yourself to sleep tonight by reading the following.
VestorPRO TERMS OF SERVICE
1. WHO, WHY, and WHAT WHO: VestorPRO.com is maintained by VestorPRO (“VP”). At times VestorPRO may also be referred to as “we”, “us”, or “VestorPRO.com”, “ VP”. The person who is viewing or interacting this site we will refer to as “you”, “hey you”, or where appropriate “jerkface” (only if you’re being bad :-).
WHY: This Terms of Service Agreement (“Agreement”) is our contract with you, and tells you what you can and can’t do, and what we can and can’t do with you.
WHAT: We sell our time, systems, and resources to help you have the right tools and mindset on your real estate investing journey. Our goal is to help you shorten the learning curve and not make the same mistakes we did. However, some of you have thick skulls, and insist on learning things the hard way. Investing in real estate can be very lucrative, but you can lose time, money, or other things beyond our control. If that happens, it’s your responsibility, and we are not responsible. If you want to be coached by us, you must apply to be accepted into the program. Since we wear the pants around here, it’s up to us whether we will accept your application or not, and like your prom date we may reject you…so try again in the future when you think you are more prepared.
2. VERY BAD THINGS THAT YOU CANNOT DO
We want you to like us, we do. But the internet is a dangerous place, and we don’t like danger spilling over onto our website. So while some of this may seem OBVIOUS, we have to tell you because sometimes its good to be reminded. When using our site we expect the following:
• Don’t Spam, or use this site to sell your stuff without our permission.
• Don’t give us viruses or try and hack your way into our computers;
• Don’t post comments on our blog that are useless;
• Don’t be a robot. Robots are evil. That means don’t use auto posters that are meant to leave things like “You blog has great informashuns! Thank you! Best content 2007! I my wife tell me about your site, I say I no believe but she write…you best Site!” with anchor text to your site about “Best Los Angeles Dog Groomers”. Seriously….don’t.
• Don’t discriminate, defraud, hate, or act like an idiot. Don’t do any of that. We’ll ban you.
• Don’t post things that you’re not supposed to or don’t have permission for.
• Haters, don’t be hating. This site is for positive knowledge and growth. If you’re a negative nelly, go find another site where misery loves company.
• Don’t do other things that we don’t like, which is up to us.
If you follow the rules, you can stay. If you don’t, we can kick you out, haul your booty to court, or tell the Alphabet boys what you’ve done so they’ll put you under surveillance. Our failure to enforce against one person is not a waiver to enforce our rights at any time for the same or different offenses.
3. INTELLECTUAL PROPERTY
Don’t steal our stuff. By stuff, we mean the awesome content, advice, pictures, videos, sounds (ummm, not sure what kind of sounds we’ll make…but you can be sure you can’t have them without our permission) (altogether known as “Content”). So our Content is protected by all the laws you can think of. Seriously. This includes US Copyright Law (17 U.S.C.A Section (weirdsquigglythinginsertedhere) 107). This means don’t use it, think of using it, or even stare at it with the intention of doing something we didn’t give you permission to do.
Don’t share your login information! Do we really have to tell you that? You had to go through an application and interview process to even be considered for the program. This information could be dangerous in the wrong hands, and it may self-destruct if you let an unauthorized user access your account. This is your mission should you choose to accept it. You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from VestorPRO, Inc., and all information to which you have access through password-protected areas of VestorPRO.com’s websites and will not cause or permit any such information to be communicated, copied, or otherwise divulged to any other person whatsoever.
If you’re giving us content for our site, you’re pinky swearing that it’s yours or you have permission to use it in the way you’re using it. Violations of other people’s “stuff” is not taken lightly here at VP, as we don’t like it when people jack our Content. So if you jack someone else’s and try and pass it off to us like “oh hey bro, it’s cool you can totally use this”, then you’re going to pay for anything bad that happens to us, our employees, our advertisers, vendors, family pets, or agents.
Since we are opposed to copyright infringement, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of copyright infringement or if you otherwise believe your intellectual property rights have been violated. To send us a DMCA takedown notice, please contact us through our contact form on the site. The DMCA notice should identify in the subject line our website, the words DMCA Notice, the name of the copyright owner and if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on our site, and the following statement:
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You must sign the notice, and if you send it by e-mail, an electronic signature is fine.
All of the trademarks on this site are trademarks of VestorPRO, Inc. legal owners and authors of VestorPRO.com or of other owners used with their permission.
You agree to use information obtained from VestorPRO.com’s databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or brokering of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective, or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information or videos that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory, or hard copy publication of or from the databases, whether for internal or external distribution or use.
4. LIABILITY Seriously, we do our best to compile our materials to be accurate, but we are only human. Sometimes mistakes happen to the best of us. The materials in this site are provided “as is” and without warranties of any kind either express or implied. VestorPRO, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
VestorPRO, Inc. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. VestorPRO, Inc. does not warrant or make any representations regarding the use or the results of the use of the materials on www.VestorPRO.com in terms of their correctness, accuracy, reliability, or otherwise. You, and not VestorPRO, Inc. assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall VestorPRO, Inc. be liable for any special or consequential damages that result from the use of, or the inability to use, the VestorPRO.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall VestorPRO, Inc. total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information are believed to be accurate at the time they were placed on the website. Since we are still the ones wearing the pants, we get to make any changes, any time, and without telling you first. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard.
The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to VestorPRO, Inc. and such information should not be relied upon as all-inclusive or accurate.
5. RESPONSIBILITIES AND YOU BREAK IT YOU BOUGHT IT.
VestorPRO may allow you to post content. You agree you will only post in accordance to this Agreement, and agree to remain responsible for anything that you post. By posting your content you’re giving us the right to use that content via a license to use it how we please. Seriously, we can take your content and hack the crap out of it, spin it, and even make money off of it without paying you a dime. We’ll send you a fruit basket though…maybe…actually probably not. This “license” is not revocable and goes on forever and ever and ever and ever. But wait, there’s more. If anything bad happens because of something you submit, you agree to pay us, our legal bills, or other bills that may result because of what you submit.
6. YOU MAD? GONNA LAWYER UP BRO?
We have lawyers! Oh yeah, a whole team of them that are ready, but we’d rather resolve this like civilized human beings. So if you have a problem, you will first come to us and tell us about this problem. If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Rotterdam, NY. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. We may talk about this problem for awhile, and if neither side is happy with the result, then we can duke it out in Court. The Court must be in Rotterdam, New York, under the rules of the American Arbitration Association, and will be decided based on New York law. Any law that applies or controls this contract is New York law. You’re agreeing to this hometurf being New York because we have to have one universal location to resolve disputes in. Attorneys’ fees and costs paid for by you.
7. SURVIVAL OF THE DEAD….AGREEMENT
Sometimes, people mutually agree to stuff that courts just won’t uphold. That shouldn’t affect the intent of our contract, though, so you agree that if a judge declares a portion of these Terms of Service of no effect, the rest of the Terms of Service will stay in effect as much as is still possible without the part that the judge struck down.
8. THIRD PARTY SHARING
Our site may have links to third party websites that we have no control over, such as recommended Vendors, Affiliates, Vimeo, YouTube, Facebook, and MySpace (seriously..who uses MySpace anymore?). We have no responsibility over this content (although if those companies want to give us free shares in their company we’re cool with that) and therefore you have to take up any problems you have with those sites with their owners. Leave us out of it.
The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of VestorPRO, Inc. and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by VestorPRO, Inc. or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of VestorPRO, Inc., VestorPRO.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
9. LOUD NOISES
WE HAVE TO USE CAPS LOCK FOR THIS SECTION BECAUSE SOME DEAD GUY 100 YEARS AGO PROBABLY SAID IF WE DON’T THEN IT DOESN’T COUNT. SO WE CAN’T GUARANTEE THAT OUR SITE WON’T BREAK YOUR COMPUTER OR THAT YOU’LL FIND IT AMUSING OR THAT IT WILL HELP YOU MAKE MONEY. WE TRY OUR BEST, BUT THAT’S ALL YOU GET JUST LIKE WHEN YOU BUY SOMETHING AT A RANDOM GARAGE SALE…YOU’RE BUYING IT “AS IS” EVEN IF IT BLOWS UP OR FRIES YOUR BRAIN. SO EVEN IF SOMETHING TERRIBLE AND CATASTROPHIC HAPPENS BECAUSE YOU VIEWED OUR SITE, YOU CAN’T SUE US, OR ANYONE THAT IS CONNECTED WITH US. SINCE WE’RE IN NEW YORK, AND YOU MIGHT BE NEW YORK WE HAVE TO TELL YOU ABOUT THAT FANCY LAW THAT SAYS IF YOU GIVE UP YOUR “GENERAL” RIGHTS TO CLAIMS YOU DON’T HAVE TO GIVE UP YOUR RIGHTS TO CLAIMS THAT YOU COULDN’T HAVE KNOWN ABOUT (MAKES SENSE RIGHT?) WELL GUESS WHAT YOU ARE GIVING THOSE RIGHTS UP BECAUSE THIS IS A CONTRACT AND WE JUST TOLD YOU. SORRY! SO WE’RE DISCLAIMING ALL WARRANTIES AND LIABILITY FOR ANYTHING AND EVERYTHING, WHETHER OR NOT WE KNEW OR SHOULD HAVE BEEN PSYCHIC AND KNEW. KING OF THE CASTLE MEANS THAT WHEN YOU COME INTO OUR SITE AND/OR BECOME A STUDENT, YOU PLAY BY OUR RULES. IF YOU’RE FROM ONE OF THOSE WEIRD STATES THAT SAY YOU CAN’T HAVE PROVISIONS LIKE THIS IN A CONTRACT, OR THAT WE CAN’T LIMIT WHAT WE PAY THEN OUR DAMAGES ARE LIMITED TO THE SMALLEST, TEENIEST, TINIEST, BIT ALLOWED BY LAW. WOMP WOMP.
10. MISC THINGS
IF YOU’RE FROM A FOREIGN COUNTRY, WELCOME …GUTENTAG, NEI HO, BONJOUR, JAMBO, HOLA……we’re going to be transferring your information from our country to yours, so you’re ok with us transferring this information by virtue of having visited and used our site. Unless you’re from Germany, then…well…..let us know and we’ll figure out what to do with you. Headings to these sections are meant to be for entertainment purposes only and have no binding effect. We can transfer our rights and obligations in this agreement whenever we want. Just because we don’t put someone in a burlap sack and beat them with a sock full of quarters for violating any section of this Agreement doesn’t mean we’re waiving our right to enforce our Agreement, it just means we’re cutting someone some slack. It doesn’t mean we’ll do the same for you or anyone else. Too bad, we do what we want because we’re the honey badgers of real estate investing. Follow the law.