Please read our Terms of use carefully before you become
a subscriber to Real Estate Strategies Institute.
Real Estate Strategies Institute, Inc., a California
corporation (“RESI,” “we,” or “us”) provides its subscribers
with access to proprietary information, subject to
compliance with the terms and conditions set forth herein.
Subscriptions are provided on the basis of one initial month
of access at an initial price and subsequent months at
monthly subscription rates.
In consideration of RESI providing you with the Product,
you agree to pay the applicable fee and to comply with
these Terms of Use (the “TOU”). The current initial
price as of February 10, 2010 is $597.
Requests for a refund are accepted at cancel @
theresi.com (delete spaces for email address) within the
period of 10 days after the order is placed. You should
accompany this request with detailed and grounded
reasons why you are requesting a refund. Please make
sure your request does not contradict our Terms and
Conditions. No refunds will be given after the
expiration of the 10 day initial review period. Every
refund of the initial price requires the subscriber to
affirm that none of the document forms provided have
been used for any transaction and that all physical and
digital copies and derivations of all RESI content
downloaded or viewed have been destroyed and that the
content will not be used in any manner. Once a
subscriber has used any form, white paper, bulletin,
video or other content available under the initial price
of a RESI subscription, then the initial fee becomes
nonrefundable. (Think of it like chewing gum or toilet
paper. Once it’s used, it can’t be returned.)
Due to issues with your e-mail provider or your own mail
server you might not receive a delivery e-mail from us.
In this case we recommend contacting us for assistance.
Claims for non-delivery must be submitted to our Billing
department in writing within 7 days from the order
placing date. Otherwise the product will be considered
received.
Current monthly subscription rate is $127 per month for
continuing membership charged in advance, which can be
canceled anytime via email to: cancel@theresi.com. All
cancellations must be in the form of an email, fax or
support ticket submitted via our website (if available).
Verbal or telephonic cancellations are not effective. If
you do not agree to the terms and conditions contained
in the TOU, you may not become a subscriber to the
Service, and we do not consent to provide you with
access to the Service.
We reserve the right at any time to:
Change the terms and conditions of the TOU;
Change the Service, including eliminating or
discontinuing any content or feature of the Service; or
Change the fees, charges or other conditions for use of
the Service (monthly subscription fees will be changed
only upon no less than 30 calendar days notice).
Any changes we make to the TOU will be effective seven
(7) days after notice of any change is provided to you,
which may be done by means including, without
limitation, posting on our web sites or via email. Your
use of the Service after such notice will be deemed
acceptance of such changes. Our business changes
constantly. The TOU may change also. You should check
our web sites frequently to see recent changes.
In order to gain access to the Service, you must become
a member of RESI by purchasing a subscription and paying
the monthly subscription fee, and supply us with true,
accurate, current and complete information about
yourself, as required on the registration page.
If the information you provide is untrue, inaccurate,
incomplete or outdated, or we have reasonable grounds to
suspect it is, we have the right to suspend or terminate
your membership, and to prohibit your current or future
use of the Service.
Our policy with respect to the collection and use of
your personal information is set forth here:
USE OF THE INFORMATION:
RESI uses personal information obtained from its users
as stated in this Privacy Policy, and to enhance users’
experiences on our sites.
Disclosures Permitted by
Law
RESI does not sell or disclose personal information
about you described above to with other people or
non-affiliated companies (an affiliated company is one
in which Ronald M. Ballard and/or RESI have substantial
ownership or control), except to provide you with
products or services, when we have your permission, or
under the following circumstances:
We provide the information on a confidential basis to
non-affiliated companies we engage as contractors or
agents to perform services for us, such as maintaining
software and web site services, billing and collection,
sending direct mail or administering a sweepstakes or
contest. Information will be shared with such
contractors only: (i) to the extent reasonably necessary
for them to perform services on our behalf, and pursuant
to confidentiality obligations; (ii) in response to
subpoenas, court orders, or legal process, from law
enforcement agencies or state and federal regulators;
(iii) if we sell or otherwise transfer substantially all
of our assets related to any web site that we own or
operate and any product or service that we offer. In
that event, we will require such third party to honor
our current Privacy Policy, until the third party
provides you with notice of changes to our Privacy
Policy and permits you to exercise any rights you may
have under applicable law to limit disclosures of
information about you. Disclosures for Joint Marketing
and Servicing: RESI may disclose all the information we
collect as described above to other companies such as
direct marketers to perform marketing services on our
behalf, or to financial institutions, such as banks,
mortgage companies and real estate companies, with whom
we have joint marketing agreements. As a member, you
also have certain other obligations relating to your
account: You may not transfer to or resell your use of
or access to the Service to any third party You may not
disclose the contents to any third party; You are
responsible for all activities that occur under your
account; You are responsible for maintaining the
confidentiality of each User Name and password provided
to you. You agree to notify us at security@theresi.com
if you become aware of any possible unauthorized use(s)
of your account or any possible breach of security,
including loss, theft, or unauthorized disclosure of
your information.
Requests for a refund are accepted at cancel@theresi.com
or by calling 1-877-RESI 4 US within the period of 10
days after the order is placed. You should accompany
this request with detailed and grounded reasons why you
are requesting a refund. Please make sure your request
does not contradict our Terms and Conditions.
No refunds will be given after the expiration of the 10
day refund period.
Due to issues of your e-mail provider or your own mail
server you might not receive a delivery e-mail from us.
In this case we recommend contacting us for assistance.
Claims for non-delivery must be submitted to our Billing
department in writing within 7 days from the order
placing date. Otherwise the product will be considered
received.
Your subscription, currently set at $127/month, will
continue on a monthly term, as disclosed during
registration (the “Term”), and renew automatically at
the end of the Term, unless you notify us of your
decision not to renew your subscription via email at:
cancel@theresi.com or via the link on our website
submitting a ticket in writing to Customer Service prior
to the expiration of the Term. From time to time RESI
may use a third party billing and collection service
which has an additional cancellation procedure you can
follow. If you do not notify RESI or any applicable
third party billing and collection service, the
then-applicable monthly fee for your subscription will
be billed automatically to the credit card you
designated during the registration process (or
subsequently changed).
No Pro-Rated Refunds for Cancellation of Monthly
Membership. You hereby acknowledge and agree
that if you cancel Your Monthly Membership, or if your
membership is cancelled by the Company that you will be
entitled to receive the full benefits of Your Monthly
Membership until the end of such period. You shall not
be entitled to any pro-rated or partial refund if you
cancel Your Monthly Membership before the end of the
then current Monthly Subscription Period.
Credit Card Charges Authorized. You
hereby authorize the Company or an independent third
party billing and collection service to charge your
credit card (which you hereby acknowledge was entered by
you into the sign-up page or on a paper based form) to
pay for the ongoing Subscription Fees to RESI at the
then current Subscription Rate. You further authorize
the Company to charge your credit card for any and all
additional purchases you request of products, services
and entertainment available through, at, in or on, or
provided by, RESI. You agree to be personally liable for
all charges incurred by you during or through the use of
RESI. Your liability for such charges shall continue
after termination of your membership.
Automatic Credit Card or Debit Card Debit.
All charges to your credit card or debit card for the
Monthly Membership, under the terms and conditions of
this Agreement, will be made in advance by automatic
credit card or debit card debit and you hereby authorize
the Company and its agents to process such transactions
on your behalf.
Non-Refundable Charges. All charges to
your credit card for monthly subscription fees are
non-refundable.
The Service and the content available through the
Service are the property of RESI and its licensors. You
may access and use the content, and download and/or
print out any content from the Service, solely for the
direct use of one business. You acknowledge that you do
not acquire any ownership rights by using the Service.
You will not disclose any of the information provided to
you. If you are interested in reprinting, republishing
or distributing content from RESI you must obtain our
prior written consent before doing so. Please note:
Because we occasionally host forums as part of the
Service and therefore redistribute materials you give
us, we need to obtain certain rights in those materials.
By posting, sending or transmitting to us creative
suggestions, ideas, notes, concepts, information, or
other materials (collectively, “Materials”), you grant
us and our designees a worldwide, non-exclusive,
sublicensable (through multiple tiers), assignable,
royalty-free, perpetual, irrevocable right to use,
reproduce, distribute (through multiple tiers), create
derivative works of, publicly perform, publicly display,
digitally perform, make, have made, sell, offer for sale
and import such Materials in any media now known or
hereafter developed, for any purpose whatsoever,
commercial or otherwise, without compensation to the
provider of the Materials. None of the Materials
disclosed in any part of the Service shall be subject to
any obligation, whether of confidentiality, attribution,
or otherwise, on our part and we shall not be liable for
any use or disclosure of any Materials. “RESI” and other
marks are trademarks and/or service marks of Real Estate
Strategies Institute, Inc.. All other trademarks,
service marks, and logos used on our web sites are the
trademarks, service marks, or logos of their respective
owners.
You may not republish, upload, post, transmit or
distribute content available through the Service to
online bulletin boards, message boards, newsgroups, chat
rooms, or in other any manner, without our prior written
permission. Modification of the content or use of the
content for any purpose other than your own personal,
noncommercial use is a violation of our copyright and
other proprietary rights, and can subject you to legal
liability. In addition, in connection with your use of
the Service, you agree not to: (i) Restrict or inhibit
any other visitor from using the Service, including,
without limitation, by means of “hacking” or defacing
any portion of any of our web sites; (ii) Use the
Service for any unlawful purpose; (iii) Express or imply
that any statements you make are endorsed by us, without
our prior written consent; (iv) Modify, adapt,
sublicense, translate, sell, reverse engineer, decompile
or disassemble any portion of the Service or any of our
web sites; (v) “Frame” or “mirror” any content available
through the Service or any of our web sites without our
prior written authorization; (vi) Use any robot, spider,
site search/retrieval application, or other manual or
automatic device or process to download, retrieve,
index, “data mine,” or in any way reproduce or
circumvent the navigational structure or presentation of
the content available through the Service or any of our
web sites; or (vii) Harvest or collect information about
users of the Service without their express consent. You
also agree to comply with all applicable laws, rules and
regulations in connection with your use of the Service
and the content made available therein.
Your use of certain services made available to you by
RESI and Short Sales Coach may be governed by additional
rules, which are available on our web sites or by
hyperlink from other sites, in connection with the
service. By using any service you are acknowledging that
you have reviewed all corresponding rules and agree to
be bound by them. Some of the services may have been
provided by third parties for your use. In the event
that any service or tool is provided by a third party,
such service or tool may become unavailable in the event
that the agreement between us and the third party is
terminated. You expressly acknowledge and agree that
your use of all services and tools is solely at your
risk. Any sweepstakes, contests, and games that are
accessible through our web sites are governed by
specific rules. By entering such sweepstakes or contests
or participating in such games, you will become subject
to those rules. Content available through the Service
may contain links to other Internet web sites or
resources. We neither control nor endorse such other web
sites, nor have we reviewed or approved any content that
appears on such other web sites. You acknowledge and
agree that we shall not be held responsible for the
legality, accuracy, or inappropriate nature of any
content, advertising, products, services, or information
located on or through any other websites, nor for any
loss or damages caused or alleged to have been caused by
the use of or reliance on any such content.
The Service, and any content, product or service
obtained or accessed through the Service, is provided
“as is” and without representations or warranties of any
kind, either express or implied. To the fullest extent
permissible pursuant to applicable law, RESI, its
officers, directors, employees, affiliates. suppliers,
authors, advertisers, and agents disclaim all
warranties, express, implied or statutory, including,
but not limited to, implied warranties of title,
non-infringement, merchantability, and fitness for a
particular purpose, and all warranties relating to the
adequacy, accuracy or completeness of any information
available through the Service.
Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusions may not apply to
you. RESI and its affiliates, suppliers, agents and
sponsors do not warrant that your use of the Service
will be uninterrupted, error-free, or secure, that
defects will be corrected, or that the Service or the
server(s) on which the Service is hosted are free of
viruses or other harmful components. You acknowledge
that you are responsible for obtaining and maintaining
all telephone, computer hardware and other equipment
needed to access and use service, and all charges
related thereto. You assume total responsibility and
risk for your use of the Service and your reliance
thereon. No opinion, advice, or statement of RESI or its
affiliates, suppliers, authors, agents, members, or
visitors, whether made on the site or otherwise, shall
create any warranty. You use of the site, the content
contained therein, and any materials provided through
the site, are entirely at your own risk. A possibility
exists that content available through the Service could
include inaccuracies or errors, or materials that
violate the TOU. Additionally, a possibility exists that
unauthorized alterations could be made to the content
available through the Service by third parties.
Although we attempt to ensure the integrity of our web
sites and other products and services, we make no
guarantees as to the completeness or correctness of any
content available through the Service. In the event that
such a situation arises, please contact us at
customercare@theresi.com with, if possible, a
description of the material to be checked and the
location (URL) where such material can be found on our
web sites, if applicable, as well as information
sufficient to enable us to contact you. We will try to
address your concerns as soon as reasonably practicable.
For copyright infringement claims, see the section on
“Copyright Infringement” below. Under no circumstances
shall RESI be held liable for any delay or failure in
performance resulting directly or indirectly from acts
of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet
failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical
power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of
God, war, governmental actions, orders of domestic or
foreign courts or tribunals, or non-performance of third
parties.
Neither RESI, nor its affiliates, suppliers, authors,
advertisers, agents or sponsors are responsible or
liable for any indirect, incidental, consequential,
special, exemplary, punitive or other damages under any
contract, negligence, strict liability or other theory
arising out of or relating in any way to the Service
and/or any content contained therein, or any product or
service used or purchased through RESI. The sole and
exclusive maximum liability to company for all damages,
losses, and causes of action — whether in contract, tort
(including, without limitation, negligence), or
otherwise — shall be the total amount paid to us by you,
if any, for access to the Service. Some jurisdictions do
not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above
limitations may not apply to you.
You agree to indemnify, defend and hold us, our
officers, directors, employees, authors, agents and
representatives harmless from and against any and all
claims, damages, losses, costs (including reasonable
attorneys’ fees), or other expenses that arise directly
or indirectly out of or from (a) your violation of the
TOU; (b) your use of the Service; or (c) your violation
of the rights of any third party. Choice of law shall be
Orange County, California.
You understand and agree that RESI may, under certain
circumstances and without prior notice to you, terminate
your access to and use of the Service. Cause for such
termination shall include, but not be limited to, (i)
breaches or violations of the TOU or other agreements or
guidelines, (ii) requests by law enforcement or other
government or regulatory authorities, or (iii) technical
difficulties.
Earnings Disclaimer
We make every effort to ensure that we accurately
represent these products and services and their
potential for income, if any. Earning and Income
statements made by Ronald Ballard, RESI and its
customers are estimates of what we think you can
possibly earn. There is no guarantee that you will make
these levels of income and you accept the risk that the
earnings and income statements differ by individual.
As with any business, your results may vary, and will be
based on your individual capacity, business experience,
expertise, and level of desire.
There are no guarantees concerning the level of success
you may experience.
The testimonials and examples used are exceptional
results, which do not apply to the average purchaser,
and are not intended to represent or guarantee that
anyone will achieve the same or similar results. Each
individual’s success depends on his or her background,
dedication, desire and motivation.
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.
There is no assurance that examples of past earnings can
be duplicated in the future. We cannot guarantee your
future results and/or success. There are some unknown
risks in business, real estate, and the economy that we
cannot foresee which can reduce results. Laws regarding
real estate and foreclosure vary from state to state and
we cannot certify that you will be successful using our
product in your state.
We are not responsible for your actions or those of your
investors, Realtors, or potential clients. The use of
our information, products and services should be based
on your own due diligence and you agree that our company
is not liable for any success or failure of your
business that is directly or indirectly related to the
purchase and use of our information, products and
services.
The Digital Millennium Copyright Act of 1998 (the
“DMCA”) provides recourse for copyright owners who
believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you
believe in good faith that materials hosted by RESI,
Short Sales Coach or one of its subsidiaries infringe
your copyright, you (or your agent) may send us a notice
requesting that the material be removed, or access to it
blocked.
The Service is directed solely to individuals residing
in the United States. Specific content is directed
solely to a specific State. We make no representation
that materials provided through the Service are
appropriate or available for use in other locations.
Those who choose to access the Service from other
locations do so on their own initiative and at their own
risk, and are responsible for compliance with local
laws, if and to the extent applicable. We reserve the
right to limit the availability of the Service to any
person, geographic area, or jurisdiction we so desire,
at any time and in our sole discretion, and to limit the
quantities of any such service or product that we
provide.
NO ATTORNEY-CLIENT RELATIONSHIP.
The RESI service is an educational, publishing and
training system. It is not a law office. Although Ronald
M. Ballard is a California attorney, a subscription does
not establish an attorney-client relationship and the
information provided is not personal legal advice. A
subscriber can establish an attorney-client relationship
only by signing an attorney-client agreement and paying
the applicable legal fees. For information about
retaining Ronald Ballard as your lawyer, Go to
www.ballardlaw.com
.
The TOU, together with all other policies referred to
herein, constitutes the entire agreement between you and
RESI relating to your use of the Service and supersedes
and any all prior or contemporaneous written or oral
agreements on that subject between us. The TOU and the
relationship between you and RESI are governed by and
construed in accordance with the laws of the State of
California, without regard to its principles of conflict
of laws. You and RESI agree to submit to the personal
and exclusive jurisdiction of the federal and state
courts located within Orange County, California, and
waive any jurisdictional, venue, or inconvenient forum
objections to such courts.
If any provision of the TOU is found to be unlawful,
void, or for any reason unenforceable, then that
provision shall be deemed severable from the TOU and
shall not affect the validity and enforceability of any
remaining provisions. No waiver by either party of any
breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained in the
TOU is inserted only as a matter of convenience and in
no way defines or explains any section or provision
hereof. We reserve the right to require you to sign a
non-electronic version of the TOU.
California residents may contact the Complaint
Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing
at 400 R Street, Suite 1080, Sacramento, CA 95814, or by
telephone at (916) 445-1254 or (800) 952-5210.
Real Estate Strategies Institute, Inc.
22996 El Toro Rd.
Lake Fores, CA 92630
877-RESI 4 US