Please carefully note and observe Section 7 regarding copyright and licensing for use.
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.
Requests for a refund are accepted at changes @ theresi.com (delete spaces for email address) within the period of 5 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 5 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.
The current monthly subscription rate for the full California-specific library is $127 per month for continuing membership charged in advance (unless your offer page or shopping cart shows a promotional rate, which then applies), which can be canceled anytime via email to: changes @ theresi.com (delete spaces to create an email address). 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, as there is no permanent record of them. 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 (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.
3. Registration and Privacy
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:
4. 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:
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 (delete spaces to create an email address) 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:
Requests for a refund are accepted at cancel @ theresi.com (remove spaces to create an email address) or by calling 1-877-RESI 4 US within the period of 5 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 5 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.
6. Subscription Renewal
Your subscription, currently set at $127/month (unless your shopping cart shows a promotional rate, which then applies), 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: changes @ theresi.com (delete spaces to create an email address) 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 canceled 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 Recurring 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, recurring credit card or debit card debit and you hereby authorize the Company and its agents to process such transactions on your behalf. Charges are processed on the basis of a 30 day monthly interval.
Non-Refundable Charges. All charges to your credit card for monthly subscription fees are non-refundable.
7. RESI Proprietary Rights
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 or one individual licensee. For example, if you are a real estate agent, you may use the forms for all of your client deals, but you may not provide them to other agents to use. If you are an investor, you may use them for your deals involving multiple real estate agents, but the agents cannot use them for their other deals. Each agent in a real estate brokerage must be licensed individually; the broker’s license does not authorize all of the agents.
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, except as needed to conduct the business licensed to use the content. If you are interested in reprinting, republishing or distributing content from RESI you must obtain our prior written consent before doing so.
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.
If you attend a live event sponsored by RESI, you give us permission to include you in any videos and still images of the event, including sound. You also grant RESI unlimited rights to any video and/or voice recording you make at a RESI event or on RESI communication systems of any kind.
8. User Conduct
You may not republish, upload, post, transmit or distribute content available through the Service to online bulletin boards, blogs, 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, screen scraper, snipping tool, 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.
9. Features and Links to Other Web Sites
Your use of certain services made available to you by RESI 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, 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. Your use of the site, the content contained therein, and any materials provided through the site, are entirely at your own risk. Using RESI content does not establish an attorney-client relationship with any attorney providing education and information through RESI. A separate written retainer agreement and separate compensation is required to do so.
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 (delete spaces to create an email address) or by use of the Contact form on this website, 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.
11. Limitation of Liability
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 and venue shall be based on and in 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.
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. You should not anticipate or plan on creating any income as a result of subscribing to RESI or of following any information provided.
There are no guarantees concerning the level of success you may experience.
Any 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, motivation and application of effective business practices including hard work and long hours. We are not promoting any kind of “push button” or “instant” success that does not require strong and effective working habits.
Your level of success in attaining the results discussed 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 and do not guarantee your future results and/or success. There are many 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 California or your state.
We are not responsible for your actions or those of your investors, real estate licensees (agents and brokers), 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.
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 RESI, 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 only if stated as such. 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. All disputes within the jurisdictional amount of Small Claims Court shall be heard in Small Claims Court. All other claims shall be the subject of private arbitration under the auspices of the American Arbitration Association, JAMS, or similar, well-recognized private arbitration service selected by the person first filing for dispute resolution. The use of arbitration is jurisdictional, which means State and Federal courts do not have jurisdiction by mutual agreement of the parties.
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.
Kindly address all concerns to RESI first at:
Real Estate Strategies Institute, Inc.
22996 El Toro Rd.
Lake Forest, CA 92630
Toll Free: 1-877-RESI 4 US (1-877-737-4487)