Privacy Policy,
Terms of Use & Non-Disclosure Acknowledgement for
Short Sales Riches TurboCharged
Please read our Terms of use carefully before you become a
subscriber to Short Sales Riches TurboCharged.
Short Sales Riches TurboCharged ("Short Sales Riches LLC,
Loss Mitigation Training Institute LLC, "LMTI," "we," or "us")
provides its subscribers with access to
proprietary information, possibly including but not
limited to asset managers’ names, contact phone numbers, e-mail
addresses, BPO registration sites, educational webinars, for
their individual usage, subject to compliance with the terms
and conditions set forth herein.
1. Agreement
In consideration of Short Sales Riches TurboCharged
providing you with the Service, you agree to pay the applicable
subscription fee and to comply with these Terms of Use (the
"TOU"). Current price as of May 5, 2009 is $997. All sales are
final and non-refundable due to the proprietary and exclusive
nature of the content.
Current subscription rates for the Service can be found on
its offer page at www.ShortSalesRichesTurboCharged.com
or by contacting our Customer Service Department by telephone
at 1-800-452-7627 Monday through Friday between the hours of
9:00 a.m. and 5:00 p.m ET. 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.
2. Changes to the TOU
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 (with reasonable 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.
4. Registration and Privacy
In order to gain access to the Service, you must become a
member of Short Sales Riches TurboCharged by purchasing a
subscription, 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incomplete or outdated, or we have reasonable grounds to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 Loss Mitigation Institute, Inc. 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
Short Sales Riches TurboCharged does not sell or disclose
personal information about you described above to with other
people or nonaffiliated companies, 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
nonaffiliated companies we engage as contractors or agents to
perform services for us, such as maintaining software, sending
direct mail or administering a sweepstakes or contest.
Information will be shared with such contractors only to the
extent reasonably necessary for them to perform services on our
behalf, and pursuant to confidentiality obligations; In
response to subpoenas, court orders, or legal process, from law
enforcement agencies or state and federal regulators; 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 Short Sales
Riches TurboCharged 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 of any excel spreadsheet to any third party; You
are responsible for all activities that occur under your
account; You are responsible for maintaining the
confidentiality of your User Name and password if provided to
you; You agree to notify us at info@shortsalesriches.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.
5. Cancellation and Refund Policy:
NO REFUNDS WILL BE GIVEN. ALL SALES FINAL. Due to the nature
of the content, there is no right to cancellation of refunds
offered. While we would hope to everyone would maintain the
confidential nature of our product, once it is disclosed we
must presume that you have used it or will use it to your
benefit, and a “return” of the excel spreadsheet containing
this information is impractical. Therefore ALL SALES ARE
FINAL.
6. Subscription Renewal
Your subscription will continue for the monthly or annual
period you select 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 by calling our
Customer Service Department prior to the expiration of the
Term. If you do not notify us, the then-applicable monthly or
annual fee for your subscription will be billed automatically
to the credit card you designated during the registration
process (or subsequently changed).
7. Short Sales Riches TurboCharged's Proprietary
Rights
The Service and the content available through the Service
are the property of Short Sales Riches TurboCharged and its
licensors. You may access and use the content, and download
and/or print out one copy of any content from the Service,
solely for your personal, noncommercial use. 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 Short Sales Riches TurboCharged 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. "Short Sales
Riches TurboCharged," and "Short Sales Riches” and other marks
are trademarks and/or service marks of Loss Mitigation Training
Institute LLC. All other trademarks, service marks, and logos
used on our web sites are the trademarks, service marks, or
logos of their respective owners.
8. User Conduct
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: 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; Use the Service for any unlawful purpose; Express or
imply that any statements you make are endorsed by us, without
our prior written consent; Modify, adapt, sublicense,
translate, sell, reverse engineer, decompile or disassemble any
portion of the Service or any of our web sites; "Frame" or
"mirror" any content available through the Service or any of
our web sites without our prior written authorization; 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 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.
9. Features and Links to Other Web
Sites
Your use of certain services made available to you by Short
Sales Riches TurboCharged 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.
10. Disclaimer of Warranties
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, Short Sales Riches TurboCharged, its officers,
directors, employees, affiliates. suppliers, 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. Short Sales Riches TurboCharged 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 Short Sales Riches
TurboCharged or its affiliates, suppliers, 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 andy 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 info@shortsalesriches.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 Short Sales Riches TurboCharged 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.
11. Limitation of Liability
Neither Short Sales Riches TurboCharged, Inc. nor its
affiliates, suppliers, 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 Short Sales Riches TurboCharged. Your
sole remedy for dissatisfaction with the Service is to stop
using it, as there are NO REFUNDS ALLOWED AND ALL SALES ARE
FINAL. 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.
12. Indemnification
You agree to indemnify, defend and hold us, our officers,
directors, employees, 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.
13. Termination
You understand and agree that Short Sales Riches
TurboCharged 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.
14. Copyright Infringement
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 Short Sales Riches TurboCharged, Inc. 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.
15. Miscellaneous
The Service is directed solely to individuals residing in
the United States. 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. The TOU, together with all TSC
policies referred to herein, constitutes the entire agreement
between you and Short Sales Riches TurboCharged 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 Short
Sales Riches TurboCharged are governed by and construed in
accordance with the laws of the State of Florida, without
regard to its principles of conflict of laws. You and Short
Sales Riches TurboCharged agree to submit to the personal and
exclusive jurisdiction of the federal and state courts located
within Polk County, Florida, 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.
16. Legal Notices
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.
Copyright @2009
Short Sales Riches TM
Loss Mitigation Training Institute
206 E. Pine St.
Lakeland, FL 33801
(800) 452-7627
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