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Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Maverick, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- INFORMATION ONLY: By using the Website you agree that ALL content is for informational purposes only. You understand that neither Maverick nor its officers, managers, partners or agents are legal, tax or financial professionals and you agree that NO content on the Website shall be construed as legal, tax or other financial advice. Furthermore, you understand that NO content on the Website is intended to be an offer to sell nor a solicitation of offers to buy real estate in states or jurisdictions where registration is required prior to any offer being made or in any other jurisdiction where prohibited by law. Finally, you understand that Maverick refers potential buyers to potential sellers only and will not be representing you in any capacity (as a buyer or a seller) and NO content on the Website shall be construed as an implied agency relationship. You assume FULL responsibility for the use of the information on the Website and agree that adherence to all applicable laws and regulations, including federal and state and local, governing professional licensing, business practices, real estate sales, agency, referrals, advertising and all other aspects of doing business in the United States, or any other jurisdiction, is your sole responsibility.
- ASSUMPTION OF RISK: By using the Website you represent that you understand and agree that buying real estate involves significant risk and is not suitable for all people. You understand that neither Maverick, nor its officers managers, partners or agents are expert in matters of surveying, engineering, structural, environmental or other physical conditions of real property. You understand 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 (or have them inspected for you), to consult legal, tax, financial or other professional advisors before deciding to buy any real estate. You agree that NO content on the Website shall be construed as a substitute for any portion of your due diligence process.
- NO SECURITIES OFFERINGS: You understand that Maverick is not creating, marketing, selling or referring you to securities offerings and NO content on this website shall be construed otherwise. You understand that many of the buyers referred by Maverick self-identify as “real estate investors” which typically means they are interested in purchasing deeded real property and renting it out. These “real estate investors” may also be interested in purchasing property priced under their perception of “market value” or “appraised value”, and/or purchasing property in areas they believe have economic growth potential, property appreciation potential, strong rental markets, population growth, or other such factors. You therefore understand that, while Maverick will NEVER make a warranty or guarantee about any “market related” factors (including rental rates, appreciation projections, cash flow analysis, or other analyses relating to anticipated returns on my money), that Maverick’s marketing materials on the Website may be directed towards people who self identify as “real estate investors” and may include some unwarranted “estimates” that you will be solely responsible for verifying with your own due diligence and assessing based on your own risk tolerance, and in consultation with your own legal, tax and financial advisors. You understand that Maverick IS a licensed real estate brokerage in the state of Nevada and is NOT a licensed securities dealer. You therefore understand that Maverick will not introduce you to an offer to purchase a security and nothing on this website shall be construed otherwise. It is your duty and responsibility to consult your own legal and financial advisors to ensure that you are purchasing real property and not a security. If any content of the Website ever appears like Maverick is introducing you to an opportunity to purchase something that appears (either to you personally or to any of your legal and financial advisors that you have consulted) to be a security, you agree NOT to purchase it. Therefore, you certify that any purchases you make will be, in your personal opinion, and in the opinion of the advisors you have consulted, real property and not securities. You hereby agree to release, indemnify and hold Maverick harmless from all claims related to selling or introducing you to an opportunity to purchase securities.
- CONTENT POSTED ON OTHER WEBSITES: We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Maverick does not have any control over those non-Maverick websites and webpages, and is not responsible for their contents or their use. By linking to a non-Maverick website or webpage, Maverick does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Maverick disclaims any responsibility for any harm resulting from your use of non-Maverick websites and webpages.
- COPYRIGHT INFRINGEMENT. All content on the Website is owned and copyrighted by Maverick. As Maverick asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Maverick violates your copyright, you are encouraged to notify Maverick immediately by emailing info[at]maverickinvestorgroup.com and typing “copyright infringement” in the subject line. Maverick will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Maverick or others, Maverick may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Maverick will have no obligations to that visitor, financially or otherwise.
- INTELLECTUAL PROPERTY. This Agreement does not transfer from Maverick to you any Maverick or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Maverick. Maverick Investor Group, Maverick Referral Network, the Maverick Investor Group logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Maverick or Maverick’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Maverick or third-party trademarks.
- CHANGES. Maverick reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Maverick may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- TERMINATION. Maverick may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
- DISCLAIMER OF WARRANTIES. The Website is provided “as is”. Maverick hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Maverick nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Maverick specifically disclaims any warranty as to the accuracy, completeness and timeliness of any content or information found on the Website. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. You also understand that Maverick makes no representations, warranties, or guarantees about any real property or any market, including but not limited to the amount of rental income a property may produce, current market value, future appreciation, condition of the property, or the suitability of the property for you, and NO content on the Website shall be construed otherwise. Furthermore, you understand that Maverick makes no representation, warranties, or guarantees about any third party vendors to whom Maverick may introduce you, including but not limited to, sellers of real property, developers of real property, lenders, property managers, agents, and other product or service providers, and NO content on this website shall be construed otherwise. You understand and agree that YOU are solely responsible for doing you own due diligence on all properties you may be interested in purchasing, all sellers or developers from whom you may be interested in purchasing, and all third party vendors with whom you may be interested in doing business, and you agree that NO content on the Website shall be construed as a substitute for any portion of your due diligence process.
- LIMITATION OF LIABILITY. In no event will Maverick be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) losses or damages based on the non-performance of third party vendors to whom Maverick has referred you including, but not limited to, sellers of real property, developers of real property, lenders, property management companies and other product or service providers.
- INDEMNIFICATION. You agree to hold harmless and indemnify Maverick against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. You hereby waive, release and discharge any and all claims against Maverick and its officers, owners, partners, employees, agents, independent contractors and the corporate broker (collectively “RELEASEES”) that may arise from statements or referrals made on the Website, or for the performance of any third party vendors to whom Maverick has referred you, including but not limited to, sellers of real property, developers of real property, lenders, property managers and other third party provides of products or services. You agree to hold harmless, defend and indemnify Maverick from any and all liability, including but not limited to any errors or omissions, found on the Website.
- MISCELLANEOUS. This Agreement constitutes the entire agreement between Maverick and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Maverick, or by the posting by Maverick of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Nevada, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Clark County, Nevada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Clark County, Nevada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Maverick may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Thanks also to the good folks at Automattic, who have made their Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. That’s exactly what we did.