Your personal data will be used to process your order, support your experience throughout this website, and for other purposes described in our privacy policy.
DISCLAIMER AND TERMS OF USE AGREEMENT
Land Investing Pros (hereafter the “Author” or “Publisher”)
have used their best efforts in preparing this Program and the accompanying
materials. The author and publisher make no representation or warranties with
respect to the accuracy, applicability, fitness, or completeness of the
contents of this Program. The information contained in this Program is strictly
for educational purposes. Therefore, if you wish to apply ideas contained in
this Program, you are taking full responsibility for your actions.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS
PRODUCT AND IT’S POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY
USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS
ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING
POTENTIAL IS ENTIRELYDEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND
TECHNIQUES. WE DO NOT CLAIM OR PROMOTE THIS AS A “GET RICH SCHEME.” (THERE ARE
NO “GET RICH QUICK” SCHEMES THAT ACTUALLY WORK. ACCUMULATING WEALTH REQUIRES
SUSTAINED WORK AND DILIGENCE.)
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL
RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE
RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM,
IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS.
SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR
SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN
INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN
THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING
STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN
IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO
HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,”
“EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF
SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR
FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR
SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY
FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES
ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN
FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS
AND TECHNIQUES IN OUR MATERIAL.
The author and publisher disclaim any warranties (express or
implied), merchantability, or fitness for any particular purpose. The author
and publisher shall in no event be held liable to any party for any direct,
indirect, punitive, special, incidental or other consequential damages arising
directly or indirectly from any use of this material, which is provided “as
is”, and without warranties.
As always, the advice of a competent legal, tax, accounting
or other professional should be sought before embarking on any new business
venture and as a regular part of any ongoing business operations.
The author and publisher do not warrant the performance,
effectiveness or applicability of any sites listed or linked to in this
Program.
All links are for information purposes only and are not
warranted for content, accuracy or any other implied or explicit purpose.
This Program is © copyrighted WP Coaching Corp (d/b/a “Land Investing Pros”). No part of this may be copied, or changed in any format, sold, or used in any way other than what is outlined within this Program under any circumstances.
ADDITIONAL DISCLAIMERS FOR VA SERVICES & USE OF DATATREE
If you are using the discounted services provided by DataTree through Land Investing Pros, then you are agreeing to all the terms and conditions of this agreement, including the product, pricing and billing information in any order confirmation containing account information received at any time (“Order Confirmation”), the terms of which are incorporated into this Agreement by reference. First American Data Tree LLC, a Delaware limited liability company (“Data Tree”), through partnership with LandInvestingPros (“LIP”) grants you (“Customer”) a limited, non-exclusive, non-transferable license to use the Services, provided you accept the following terms and conditions:
- Property. The Services and all intellectual property rights therein are owned by Data Tree and/or its affiliates. No ownership rights are granted by this Agreement and, except for the limited license provided, Data Tree reserves all rights in and to the Services and all underlying data compilations and information contained therein, including but not limited to the exclusive intellectual property rights and the right to grant further licenses. Customer acknowledges that the Services are the proprietary property of Data Tree and are a valuable commercial product, the development of which involved an expenditure of substantial time and money by Data Tree.
- Permitted Use. The Services are solely for use within Customer’s own organization by Customer’s own employees for Customer’s own internal business purposes of verifying property ownership and lien information. Customer shall not resell, relicense or redistribute the Services in whole or in part.
- Restrictions on Use. Both during and after the term of this Agreement, Customer agrees as follows:
(a) Customer shall not (i) disclose, use, disseminate, reproduce or publish any portion of the Services in any manner other than as expressly permitted in this Agreement, (ii) permit any parent, subsidiary, other affiliated entity or other third party, including any third party entity involved in a joint marketing arrangement with Customer, to use the Services or any portion thereof, (iii) resell, relicense or redistribute the Services in whole or in part (iv) use the Services to create any derivative products, (v) use the Services to create, enhance or structure any database in any form for resale or distribution, (vi) grant access to the Services, or any portion thereof, to individuals incarcerated in prisons or correctional institutions, (vii) allow access to the Services through any terminal located outside of Customer’s operations, (viii) use the Services outside the United States.
- (b) Customer shall (i) comply with the published guidelines of the Direct Marketing Association, other applicable industry guidelines, and all federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions regarding the use, storage and dissemination of data such as the Services, and (ii) abide by all prevailing federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions, including but not limited to those governing non-solicitation, privacy, data protection and security. Costumer understands and acknowledges that Customer’s use of the Services is also subject to the terms and conditions of Data Tree’s Privacy Policy, which is available on Data Tree’s affiliate website located at https://www.firstam.com/privacy-policy/index.html. For the avoidance of doubt, Customer hereby consents to the collection and storage of information by Data Tree related to the Services and use by Data Tree of statistical and aggregated data concerning the use of the Services. Customer, in using the Services, understands and accepts that it has no expectation of privacy other than as may be set forth herein.
- (c) Customer understands that the information, data, images, and reports available under the Services have not been collected for credit purposes and are not intended to be indicative of any consumer’s credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 1681(a) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Customer shall not use the Services (i) as a factor in establishing an individual’s eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority, (v) in any way that would cause the Services to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or (vi) in any other manner that would cause such use of the Services to be construed as a consumer report by any pertinent governmental authority.
- Delivery of Data and Format. Customer shall submit all information that Data Tree requires to perform the requested Services. Customer acknowledges that the availability of data elements and images in the Services varies substantially from area-to-area, and circumstances may exist or arise which prevent Data Tree from providing such data or achieving complete representation of all data elements or images in the Services. Notwithstanding anything to the contrary, Data Tree may limit or discontinue the provision of the Services for geographic locations where: (i) Data Tree is restricted by rules, regulations, laws or governmental entities; (ii) Data Tree has discontinued the collection of data and/or images; or (iii) Data Tree is prohibited by third party providers. Data Tree may discontinue production, support, and maintenance of any Services if Data Tree develops an upgraded version or otherwise can no longer provide such Services.
- Compliance Audits. Data Tree reserves the right, during normal business hours, on reasonable notice, and at Data Tree’s expense, to audit the Customer to ensure Customer’s compliance with the terms and conditions of this Agreement. Data Tree shall select an auditor in its sole discretion. If such auditor determines there has been a breach in Customer’s compliance with the terms of this Agreement, Data Tree may immediately terminate this Agreement and pursue its other legal remedies. Should Customer not cooperate with Data Tree’s audit request within five (5) days, Customer shall be deemed to have conclusively admitted to a material breach in Customer’s compliance for which Data Tree may immediately terminate this Agreement and pursue its legal remedies.
- Fees. In consideration of the rights granted to Customer hereunder, Customer shall pay to Data Tree the fees stated within the Order Confirmation. By submitting an order to Data Tree, Customer authorizes Data Tree to charge the credit card entered by Customer for the Services at the fees stated within the Order Confirmation. With respect to prepaid accounts, Customer acknowledges and agrees that: (a) the fees stated within the Order Confirmation will be deducted from the amount Customer previously paid to and placed on deposit with Data Tree (the “Prepaid Plan Balance”); (b) Data Tree may, from time-to-time during the term, apply all or a part of the Prepaid Plan Balance toward such payment of fees without notice to or further authorization from Customer; (c) Data Tree may, from time-to-time during the term, require Customer to replenish the Prepaid Plan Balance to the dollar amount stated within the Order Confirmation; (d) any failure or refusal on the part of Customer to promptly replenish the Prepaid Plan Balance as requested by Data Tree may result in the suspension of Services and/or the termination of this Agreement, in Data Tree’s sole and absolute discretion; (e) in the event Customer, for any reason or cause (regardless of fault), continues to access and use the Services after the expiration or other termination of this Agreement or incurs fees in an amount that exceeds the Prepaid Plan Balance then on deposit with Data Tree, Customer shall be obligated for, and shall immediately pay to Data Tree the fees for such access and use of the Services at the rates set forth in the Order Confirmation; (f) Data Tree shall not be required to keep the Prepaid Plan Balance separate from its general funds and Customer shall not be entitled to interest on the Prepaid Plan Balance; and (g) all funds paid to Data Tree as and for a contribution to or replenishment of the Prepaid Plan Balance are not refundable and any credit balance remaining at the end of each term shall be forfeited. Fees are exclusive of use, ad valorem, personal property, and other taxes, which are the responsibility of Customer. Data Tree shall charge Customer applicable sales tax, and Customer shall be responsible for filing all other taxes. Data Tree reserves the right to change the fees for the Services at any time. Additional charges may apply for training users at Customer locations. Customer shall provide all Internet connectivity, hardware and software necessary to access the Services.
- Term and Termination. The initial term of this Agreement is twelve (12) months commencing on the date Customer enters into this Agreement or specified on the Order Confirmation, if applicable. Thereafter, the term shall automatically renew for additional successive twelve (12) month terms, unless terminated by giving the other party not less than thirty (30) calendar days written notice of termination prior to the expiration of the then-current term. If Customer does not access the Services for a period of twelve (12) consecutive months, Data Tree may terminate this Agreement without notice to Customer. If Data Tree, in its sole and reasonable discretion, deems that Customer has abused the Services or Data Tree’s website (based on records of Customer’s usage), Data Tree may immediately terminate this Agreement or disable Customer’s access to the Services without prior notice. If either party breaches any provision of this Agreement, the non-breaching party shall, upon providing written notice of such breach, be entitled to immediately terminate this Agreement, provided such breach is not cured within five (5) days following such notice. Upon termination of this Agreement by either party, Customer, at its own expense, shall return all Services to Data Tree or certify that the Services have been destroyed within ten (10) business days of termination, and any amounts unpaid by Customer shall be immediately due and payable. Failure to return or certify the destruction of the Services to Data Tree in accordance with this section will result in: (i) Customer’s obligation to pay a perpetual license fee for the Services; or (ii) Customer’s obligation to permit Data Tree’s agent to have access to Customer’s premises for the retrieval of the Services and Customer shall pay the actual costs as reasonably incurred by Data Tree to retrieve same.
- Disclaimer. THE SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. THE SERVICES ARE BASED UPON CERTAIN DATA AND/OR RECORDINGS, SUBJECT TO FREQUENT CHANGE. DATA TREE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHODOLOGIES USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DATA TREE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK. ANY RELIANCE ON OR USE BY CUSTOMER OF THE SERVICES SHALL BE ENTIRELY AT CUSTOMER’S OWN RISK. DATA TREE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO CUSTOMER’S USE OF THE SERVICES. THE SERVICES ARE NOT TO BE CONSTRUED AS A SUFFICIENT BASIS FOR UNDERWRITING TITLE INSURANCE POLICIES AND NOTHING IN THIS AGREEMENT SUPERCEDES, AMENDS, OR IN ANY WAY EXCUSES CUSTOMER’S TITLE INSURANCE UNDERWRITING OBLIGATIONS IMPOSED BY ANY APPLICABLE TITLE INSURANCE UNDERWRITING AGREEMENTS. THE SERVICES ARE EXCLUSIVELY FOR CUSTOMER AND NOT FOR THE BENEFIT OF ANY THIRD PARTIES.
- Limitation of Liability. DATA TREE’S TOTAL LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO DATA TREE DURING THE THREE MONTHS PRECEDING THE CLAIM. THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT WILL BE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. DATA TREE SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF DATA TREE IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. CUSTOMER AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE SERVICES WOULD NOT BE PROVIDED TO CUSTOMER ABSENT SUCH LIMITATIONS.
- Indemnification. CUSTOMER AGREES TO INDEMNIFY AND HOLD DATA TREE HARMLESS FROM AND AGAINST ALL CLAIMS OF THIRD PARTIES ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES BY THE CUSTOMER, OR ATTRIBUTABLE TO CUSTOMER’S BREACH OF THIS AGREEMENT; PROVIDED THAT DATA TREE GIVES CUSTOMER PROMPT WRITTEN NOTICE OF ANY SUCH CLAIM. DATA TREE SHALL CONTROL THE DEFENSE AND ANY SETTLEMENT OF SUCH CLAIM, AND CUSTOMER SHALL COOPERATE WITH DATA TREE IN DEFENDING AGAINST SUCH CLAIM.
