Acceptance of Terms
Description of Services
The Network provides a substantial variety of services related to the purchase of real estate, including by way of example an extensive catalog of courses on real estate purchasing and management. The Network can also direct its members to real estate brokers and agents, and to lenders and property managers affiliated with the Network (all of the foregoing is hereafter referred to as “Services”).
Our web site is a part of the Services we provide to our Network members and to the public. The information in the Web Site is for educational purposes, and is not to provide specific legal, tax or financial advice. Although care has been taken to provide accurate and current information, you are urged to consult professional legal counsel or a Certified Public Accountant or a licensed financial planner regarding the applicability of any points of law, or taxation or financial planning to your specific situation. Our web site should not be used as a substitute for competent advice from a licensed professional.
Dr. Reddick intends for the Network to function as a finder, not a broker or agent for purchasing real estate. This means you must look to a specific broker or agent affiliated with a specific property to obtain purchasing terms and conditions for the specific property you are interested in. You agree that Marshall Reddick Realty is not your buyer’s agent for any purchases of property or services you may make.
In an effort to provide you with service, the information you provide may be referred to Affiliates, such as for example, an affiliated real estate broker or agent, or lender, or insurance provider licensed to transact business in a particular location in which you have indicated an interest.
"Affiliates" are independent persons, entities, agencies, organizations, individuals or establishments with which the Network does business but which maintains autonomy and independence from the Network.
Any information about non-affiliates given to you is an effort to provide you with additional services.
By use of this website, you authorize and request Marshall Reddick® Realty (the “Network”) to email you periodic newsletters, notices, and other information to learn more about the concepts, ideas, and strategies presented at Network seminars.
Assumption of Risk, Limitation of Liability and Indemnity
Assumption of Risk: You understand and agree that investing in real estate involves significant risk and is not suitable for all investors. Risks include but are not limited to real estate market risks, economic risks, bank and lender risks, and risks related to service providers, such as but not limited to brokers and property managers. You hereby affirm that you are voluntarily participating in investing in real estate with knowledge of the risks involved and you agree to accept any and all risks of loss or damage which your investing in real estate may entail.
You understand and agree that it is your duty and responsibility to engage in a serious due diligence investigation regarding any property you may be interested in purchasing, to have an independent legal review of your real estate purchase documents, to inspect properties in person (or have them inspected in person for you) before deciding to buy. You understand and agree that it is your duty to purchase no more properties than you can afford and to maintain a reserve of at least six monthly mortgage payments for each property you purchase. You understand and agree that it is your duty to assess your own financial resources and determine they are sufficient before you make any real estate purchase. You understand and agree that the property you buy may not rent as quickly as you would like or expect, that appreciation, fix-up expenses, rent quotes, and rent increases in recommended areas are not guaranteed by the Network or anyone else or that future performance of the property may be other than you desire. You understand it is your duty and responsibility to verify all statements and representations of the real estate brokers, agents and property managers you may deal with.
You understand and agree that the Network is a mere finder and is not your agent with respect to any purchases of real estate you may make. You understand that the Network does not employ or control the real estate brokers, agents and/or property managers, attorneys, financial planners, CPAs and accountants, or any real estate financial or accounting software to whom the Network directs your attention, and that no agency relationship of any sort exists between you and the Network regarding their services. In purchasing property, your legal relationship is with the real estate broker or agent handling your particular purchase. You hereby grant permission to any real estate broker to whom you have been directed for information and assistance by the Network to forward to the Network a copy of the certified HUD-1 statement regarding any purchase you make.
You hereby waive, release and discharge any and all claims against the Network and its officers, employees and agents, Marshall Reddick, and Marshall Reddick’s mentors, Ocean Living, Inc. and its officers and employees, any sponsoring college or university, and their staff (collectively “Releases”) you may have that arise from statements, representations, recommendations, actions, or inactions of the Network, or made by real estate brokers, agents and/or property managers, builders, developers, and vendors to whom you have been directed for information and assistance by the Network. You voluntarily agree to defend, indemnify and hold harmless Releases from all claims and liabilities resulting from, or in any manner arising out of, any negligence on Releases’ part, or misstatements, intentional or otherwise, that you may make to the Network, to lenders, real estate brokers or agents, or property managers. You understand that the Network will rely and take action based upon this waiver and indemnification, and you hereby release the Network as a condition of being directed to any real estate brokers, agents, and/or property managers or Affiliate by the Network for information and assistance. You understand that any earnest money you deposit for a purchase may not be refundable. You understand that the Network receives a service fee when you purchase a property using a broker to whom your attention has been directed by the Network and that you are free to use any real estate broker, agent or property manager of your own choice. You understand that problems occur when a Network member purchases more than one property at a time in the same area and you will not do so. If you nevertheless do so, you understand and agree that you take full responsibility and risk that any decision to buy more than one property at a time in the same State may not work to your financial advantage.
Personal and Non-Commercial Use Limitation
Unless you have a specific agreement with the Network otherwise, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Services. Elements of the Network website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Network website may be copied or retransmitted unless expressly permitted by the Network.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE NETWORK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE SERVICES(S) DESCRIBED HEREIN AT ANY TIME.
THE NETWORK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE NETWORK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE NETWORK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE OR THE SERVICES.
Member Account, Password, and Security
The Services provided on this website require you to open an account and to become a member of the Network. To do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Network immediately of any unauthorized use of your account or any other breach of security. The Network will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Network or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful Or Prohibited Use
As a condition of your use of the Services, you agree to not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Network server, or the network(s) connected to any Network server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Network server or to any of the Services, through hacking, password mining, reverse engineering, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use Of Services
The Services may contain e-mail services, text message services, chat areas, news groups, forums, communities, links to commercial web pages, file storage areas and/or other message or communication facilities, such as for example voice mail or telephone services, designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
· Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
· Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
· Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another on this website.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
· Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
The Network has no obligation to monitor the Communication Services. However, the Network reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The Network reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever or no reason. The Network reserves the right at all times to disclose any information as the Network deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Network's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. The Network does not control or endorse the content, messages or information found in any Communication Services and, therefore, the Network specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Communications Services managers and hosts are not authorized Network spokespersons, and their views do not necessarily reflect those of the Network.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided To The Network Or Posted At Any Network Web Site
The Network does not claim ownership of the materials you may provide to the Network via this website (including feedback and suggestions) or that you post, upload, input or submit to any Services or its associated services for review (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting the Network, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all the Network Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Network is under no obligation to post or use any Submission you may provide and the Network may remove any Submission at any time in its sole discretion.
Links To Third Party Sites
The links on this website will let you leave the Network's site. The linked sites are not under the control of the Network and the Network is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Network is not responsible for webcasting or any other form of transmission received from any linked site. The Network is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Network of the site unless so stated. You understand and agree that any linked websites are provided to you “AS IS” and “WITH ALL FAULTS” without warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose.
Unsolicited Idea Submission Policy
Neither the Network or any of its employees nor Ocean Living, Inc. or any of its employees, accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, new promotions, new products or services, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when the Network's products or services or marketing strategies might seem similar to ideas submitted to the Network. So, please do not send your unsolicited ideas to the Network or to anyone at the Network. If, despite our request that you not send us your ideas and materials, you still send them, please understand that the Network makes no assurances that your ideas and materials will be treated as confidential or proprietary to you.
Claims of Copyright Infringement
It is the policy of the Network to comply with all U.S. intellectual property laws and to act expeditiously upon receiving notice of claimed infringement.
All notices of claimed copyright infringement should be sent to:
Marshall E. Reddick
Marshall Reddick® Real Estate Network
4299 MacArthur Blvd. Suite 102
Newport Beach, CA 92660
Notices of claimed copyright infringement must contain the following information:
· A physical signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
· Identification of the copyrighted work claimed to have been infringed.
· Identification of the material in the copyrighted work that is claimed to be infringing or to be the subject of infringing activity.
· The address, telephone number, and e-mail address of the complaining party.
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
· A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Network will terminate all accounts, subscribers or Affiliates who are repeat infringers of U.S. intellectual property laws.
You agree that the terms of this Agreement are severable. This means that if any term or provision of this Agreement is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and all remaining terms of the Agreement will remain in full force and effect.