and Data Processing Addendum
are what govern your use of the Real Estate Cashflow, LLC website on the Internet and World Wide Web. These terms are a legal contract between you and RealEstateCashflow.com (“we” or “us”.) They govern your access to, and your use of our website, which (as you know) is located at RealEstateCashflow.com (the “site”). These terms also govern your use of any services and products we provide on the site including but not limited to Real Estate Cashflow software. If you do not agree with any of these terms, please do not access or otherwise use this site and/or our services and products.
Eligibility. Your account must be registered by a human. Accounts registered by "bots" or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
Registration Information. You must provide a valid permanent email address, along with any other information required by Real Estate Cashflow, LLC during the registration process. One person or legal entity may not maintain more than one free account.
Restrictions. You may not use the Real Estate Cashflow, LLC Service for any illegal or unauthorized purpose. You must not, in the use of the Real Estate Cashflow, LLC Service, violate any laws in your jurisdiction, including, among other things, by:
- distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
covering or obscuring any notice, legend, warning or banner contained on the Real Estate Cashflow, LLC Service;
- interfering with or circumventing any security feature of the Real Estate Cashflow, LLC Service or any feature that restricts or enforces limitations on use of or access to the Real Estate Cashflow, LLC Service;
- infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
- being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by Real Estate Cashflow, LLC in its sole discretion; or
- deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.
- you may not make use of the name “Real Estate Cashflow” or any combination of words that would be confusingly similar to “Real Estate Cashflow” in any url, domain name, social media handle, social media page name, hash tag, or other identifying mark without our prior written permission. You agree to forfeit and transfer ownership of any such url, domain name, social media handle, social media page, hash tag, or other identifying mark to us upon request and pay all our cost, legal fees, compensatory, punitive, consequential and incidental damages incurred by us in enforcing this restriction. No license to use our marks is granted or implied.
Payment, Refunds, Upgrading and Downgrading
A valid credit card is required for paying accounts.
The Real Estate Cashflow, LLC Service is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account, except in the case of our 30-day money back guarantee (see below). In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of the Real Estate Cashflow, LLC Service or payments made by you in connection with your use of the Real Estate Cashflow, LLC Service.
30-day money back guarantee:
If for any reason, you are unhappy with your Real Estate Cashflow, LLC program purchase, we do offer a 30-day money back guarantee. If you decide not to use Real Estate Cashflow, LLC program in your business within 30 days from your first payment, you may request a full refund by emailing support@RealEstateCashflow.com. This applies to both annual and monthly subscriptions. Once that 30 days has passed we will not refund any charges, however, we will cancel your monthly or annual recurring fees at any point in time.
CashFlow From Real Estate Book purchases:
We are happy to issue you a full refund of your purchase within the first 30 days. To get your refund you will need to email email@example.com and request a RAN (return authorization number). Once you've obtained a RAN you can send your book back to us using the address our support team provides to you. Your refund will be processed within 7 business days of us receiving your return. Please note all book refunds will be subject to a 15% restocking fee and you are responsible for shipping cost to return the book.
Violation of these Terms of Service
We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Real Estate Cashflow, LLC has no obligation to prescreen or monitor your access to or use of the Real Estate Cashflow, LLC Service or any information, materials or other content provided or made available through the Real Estate Cashflow, LLC Service, but has the right to do so. You hereby agree that Real Estate Cashflow, LLC may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.
You are solely responsible for properly canceling your account. As a security precaution, a phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time by emailing support@RealEstateCashflow.com. The Account Owner, and in some cases Administrators with permission, are the only Users with access to this request. We will use the timestamp of your email as the effective date of cancellation.
Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the Account Owner to Real Estate Cashflow, LLC for a 14-day period. Cancelled accounts cannot be recovered or restored from Real Estate Cashflow, LLC following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.
Real Estate Cashflow, LLC reserves the right to terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration.
Real Estate Cashflow, LLC, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.
SMTP Fair Use Policy
Generally, we do not limit or impose additional fees for SMTP on accounts (i.e. the emails used in order to deliver notifications to registrants and leads about your webinar events). However, this policy is subject to fair use: If your aggregate SMTP usage (across all accounts you control) is higher than 99% of Self-Serve users on our platform in any calendar month, we may, in our discretion, charge fees for excessive usage, require you to upgrade to a more suitable plan, require you to switch to your own SMTP provider or terminate your account(s) upon advance written notice.
INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a Real Estate Cashflow, LLC user, you will be required to create an account with Real Estate Cashflow, LLC. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Real Estate Cashflow, LLC user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a Real Estate Cashflow, LLC user, such as technical information, our pricing, our business strategy, and data about other past or current Real Estate Cashflow, LLC users or their customers.
So called “agency accounts,” or accounts in which you host webinars for third parties, are prohibited. Should your usage data indicate, in Real Estate Cashflow, LLCs’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your Real Estate Cashflow, LLC user account or enhanced pricing for your Real Estate Cashflow, LLC user account, at Real Estate Cashflow, LLCs’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, Real Estate Cashflow, LLC under your user account. You agree to immediately notify Real Estate Cashflow, LLC of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Real Estate Cashflow, LLC is not liable, and you will hold Real Estate Cashflow, LLC harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
RealEstateCashflow.com provides content, services and products throughout this site. All information, documents, products and services, including content, trademarks, logos, graphics and images (which are grouped together under the term “Materials”) are the copyrighted work of RealEstateCashflow.com or Real Estate Cashflow, LLC licensors and/or contributors.
RealEstateCashflow.com grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use or internal business use. You agree that you will only use this site and the Materials for lawful uses.
You agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by RealEstateCashflow.com in any manner. Your limited license terminates automatically, without notice to you, if you breach any of these terms.
Upon termination of your limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the site or any Materials on any legal basis.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the site. Such prohibited conduct includes, but is not limited to, any efforts to: (a) log into an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.
If RealEstateCashflow.com becomes aware of any of the aforementioned activities on your part, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.
Your continued use of the Site and/or the products and services is expressly conditioned on your compliance with the prohibitions, obligations and restrictions just stated. Without limiting the foregoing, you acknowledge that RealEstateCashflow.com prohibits and you agree not to:
Take any action that imposes an unreasonable or disproportionately large burden on the site’s infrastructure;
Intentionally expose the site and/or any products or services provided on RealEstateCashflow.com to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or our products or services;
Frame or link to the site or any of the content or information available from the site, unless RealEstateCashflow.com expressly consents to such linking and/or framing;
Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the RealEstateCashflow.com site;
Harvest or otherwise collect information about other users for any purpose other than expressly permitted herein;
Post any false or inaccurate Submissions (defined below) or information on any part of the site;
Use the products and/or services and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;
Post any Submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;
Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any Submissions posted by you;
Harass, stalk, or otherwise subject any other user of the site and/or products and services to inappropriate or unwanted contact;
Make any additions, changes, alterations and/or deletions to any Submissions posted by any user without the express written authorization of such other user;
RealEstateCashflow.com reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and/or products or services or to edit, remove or close any Submission or thread for any reason.
The foregoing list of prohibitions is not intended to be complete or exclusive.
You acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you. You hereby acknowledge and agree that all submissions submitted by you or any other user express the views of the author, and RealEstateCashflow.com will not be held responsible for or liable for the content in such submissions.
Your access to the site and Services is undertaken at your own risk and RealEstateCashflow.com is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
In addition, the foregoing prohibitions do not impose on RealEstateCashflow.com any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other user.
We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, Real Estate Cashflow, LLC grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device.
Links to Third Party Sites
The RealEstateCashflow.com site may be linked to other sites that are not owned, operated, or managed by Real Estate Cashflow, LLC. We provide these links to you only as a convenience, and RealEstateCashflow.com is not responsible for the content or links displayed on these third party sites.
Third Party Content
Some information and content may be provided by third parties to RealEstateCashflow.com (“Third Party Content”). The Third Party Content is the copyrighted work of the creator/licensor, RealEstateCashflow.com, and Real Estate Cashflow, LLC.
You agree that you will only display the Third Party Content on your personal computer for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), alter, edit, manipulate or enhance any of the Third Party Content in any manner.
RealEstateCashflow.com disclaims all express, implied and statutory warranties and conditions with regard to third party content. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Unauthorized use of any Materials or Third Party Content contained on this site may violate certain regulations and laws. You shall indemnify and hold RealEstateCashflow.com and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all damages, costs, expenses, and liabilities, including attorneys’ fees, that RealEstateCashflow.com or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party in the event that your use of the site or the use of the site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
All information, data, and screens appearing on RealEstateCashflow.com, including web pages, documents, site design, DFY Webinars, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of RealEstateCashflow.com and Real Estate Cashflow, LLC, Inc. unless otherwise specified. You do not acquire any ownership rights by using the Real Estate Cashflow, LLC Service. For more guidelines on using the name or logo, please contact us.
All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law.
In some cases, it is necessary for Real Estate Cashflow, LLC employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Real Estate Cashflow, LLC employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
Disclaimer of Warranties
Your use of this site, the Materials and/or the products and services is at your own risk. You assume all risks of using this site, the Materials and/or the products and services. RealEstateCashflow.com does not warrant the accuracy or timeliness of the materials or the Third Party Content contained on this Site. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by RealEstateCashflow.com, and they may not be current or may include inaccuracies or typographical errors.
RealEstateCashflow.com shall have no liability for Materials and/or Third Party Content that is not current or for any errors or omissions in the Materials and/or the Third Party Content, whether provided by RealEstateCashflow.com or our licensors. RealEstateCashflow.com does not guarantee that you will achieve any economic return or benefit from the use of the Materials.
RealEstateCashflow.com, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the site, the products and services or any Materials or Third Party Content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the site. This includes, without limitation, the Materials and the Third Party Content.
RealEstateCashflow.com disclaims and excludes any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the products and services, the Materials, Third Party Content, and any information or material contained on the site is provided to you on an “as is,” “as available” and “where is” basis with no warranty of any kind.
Limitation of Liability
In no event shall RealEstateCashflow.com be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if RealEstateCashflow.com and Real Estate Cashflow, LLC, have been advised of the possibility of such damage.
RealEstateCashflow.com’s aggregate liability to you or any third party for any damages resulting from your displaying, copying, or downloading any material on the site or reliance on the information and/or material presented on the site shall not exceed one hundred dollars ($100.00).
Local Laws and Export Control
If you use this site outside the United States of America, you are responsible for compliance with all applicable local laws. RealEstateCashflow.com controls and operates this site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.
Dispute resolution by mandatory binding arbitration and class action waiver.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at cc@RealEstateCashflow.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the DPA, the Affiliate Agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision. The arbitration will be conducted by a single neutral arbitrator in the English language in Madison County, Mississippi, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Real Estate Cashflow, LLC.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Mississippi without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Real Estate Cashflow, LLC agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Real Estate Cashflow, LLC expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Real Estate Cashflow, LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
Consequences of Violation
If you violate these terms, RealEstateCashflow.com may terminate your access to the site or Password-Restricted Areas without notice. RealEstateCashflow.com prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these terms, as determined by RealEstateCashflow.com, will result in immediate termination of your access to the site or Password-Restricted Areas.
RealEstateCashflow.com reserves the right to terminate any password-restricted account for any reason. These terms are governed by Mississippi Law and controlling U.S. Federal Law, without regard to the choice or conflicts of law provisions. If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.
RealEstateCashflow.com’s failure to enforce any of these terms is not a waiver of such terms. These terms are the entire agreement between you and RealEstateCashflow.com and supersede any and all prior or contemporaneous agreements and understandings between you and RealEstateCashflow.com and Real Estate Cashflow, LLC. These terms may not be modified except pursuant to a written amendment that is executed by an officer of RealEstateCashflow.com and Real Estate Cashflow, LLC.