MFMIM Policies
Policies
Effective date: Feb 10, 2021
Delivery Policy
When exactly will I receive my order?
Your order will ship from our warehouse in 1 business day. Once your order leaves our warehouse, how long it takes to deliver depends on your shipping method.
Our warehouse team takes a much-deserved break on weekends and public holidays, so orders placed on those days will be shipped the following business day.
Where do you ship?
We currently ship everywhere in the contiguous U.S., as well as Canada, Australia, and most of Europe (for a full list, see below). Our goal is to bring it to the whole world—and soon.
Due to limitations on air shipping, we are currently not shipping any products to Cyprus, Iceland, and Malta.
Here’s the full list of every country we currently ship to:
Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States
How much does shipping cost?
We offer shipping on all books starting at $7.95 USD depending on your location. But for those of you who don’t like waiting by the mailbox, there are a few faster options. Most of our products are digital and can be delivered directly to your email upon purchase for no fee. Also, if you purchase our products from amazon, you may be eligible for faster 1-day fulfilment through the Prime program.
Do you ship to P.O. Boxes?
Sorry, we don’t. Because we ship with UPS, we are unable to deliver to a P.O. Box address.
Cancellation Policy
Can I cancel or change an order after I’ve placed it?
Our team moves quickly (and sometimes autonomously) to get your order shipped out or provided to you ASAP, which means that we aren’t able to make any changes to an order once it’s been placed. You may request a refund instead.
How do I cancel a subscription?
You may cancel a subscription at any time by emailing [email protected] or by going to your account dashboard on myfirstmillioninmultifamily.com. Your subscription will be cancelled within two business days of emailing us.
If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address [email protected]. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full monthly membership subscription rate provided at the time of enrollment each month until you cancel. We can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel.
If you wish to cancel your subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address [email protected] or through your Account Dashboard, as detailed . For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments; in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
Return/Refund policy
Return/Refund Policy
We’re so convinced you’ll absolutely love our products, that we’re willing to offer a 30 day risk-free money back guarantee. If you are not satisfied with the product for any reason you can get a refund within 30 days of making a purchase. Please email [email protected] to begin processing a return or refund.
Additional services
Please note that any additional services, custom work or technical support are non-refundable as our time cannot be recovered.
Return of “Hard goods”
If you have purchased a “hard good” (for example, a book or other tangible product) from MyFirstMillionInMultifamily or any related brands, you may receive a limited refund if you comply with the following conditions:
You must request a refund in writing by contacting [email protected].
Your request for a refund must be made within thirty (30) days of your purchase;
You must return the hard goods to us immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
The hard goods must be returned to us in like-new, or re-sellable condition, as determined in our sole, reasonable discretion.
Contacting us
If you would like to contact us concerning any matter relating to this Refund Policy, you may send an email [email protected]
This document was last updated on February 1, 2021
Privacy Policy
Last Updated on February 1, 2020
Privacy Policy
This page highlights some of the key elements of our online privacy statement. Both this page and our online privacy statement apply to all online and mobile resources published by myfirstmillioninmultifamily.com / My First Million In Multifamily, LLC, and/or myfirstmillioninmultifamily.samcart.com (hereinafter referred to as “MyFirstMillionInMultifamily”). For more information, please read our complete online privacy statement with our Terms of Service.
Information Collected
There are two types of information that we obtain from you online and then store and use:
non-personal information that’s collected automatically from each visitor, such as your device operating system; and
personal information that you voluntarily provide to us or that is collected automatically.
Uses of Information
We use non-personal information to administer our online and mobile resources, make them better, and to make business decisions about what programs our customers might like.
We use voluntarily provided personal information to respond to your inquiries and provide you with the services you have requested, amongst other uses as further described below. We do not sell or rent your personal information to third party data vendors or marketing companies. As you might expect, we disclose your information when required by law.
Privacy Choices
You do not have to provide personal information to enjoy most of the features of our online and mobile resources. You also can opt-out of certain activities like newsletters and announcements by using the unsubscribe link in the email or via the online and mobile resources. You can also access, amend, or delete the personal information we have collected about you by contacting us using the contact information listed in this privacy statement.
Notice of Privacy Rights
Certain of our business activities in California implicate obligations under the California Consumer Privacy Act. We comply with those obligations by, among other things, providing certain notices which you can learn more about these notices below.
Contacting Us
Questions about this highlights page or our online privacy statement may be sent to:
MyFirstMillionInMultifamily
Attn: Legal & Compliance Department
814B North Cedar St
Summerville, SC 29483
E-mail: [email protected]
Thank you for visiting our online and mobile resources, and for viewing this privacy statement. We use this statement to tell you about the types of information we collect when you visit any owned online and mobile resources that link to this statement. More specifically, this statement tells you:
the types of information we collect and how we collect it;
the ways in which we use, share, and protect that information;
the choices you have in controlling the collection of your information; and
your ability to access and update your information.
By using our online and mobile resources, you are signifying to us that you agree with this privacy statement and that we may use and disclose your information in the manner it describes. Although our online and mobile resources may contain links to other websites controlled by third parties, you should be aware that we are not responsible for the privacy practices of those, or any other, sites or online resources. If you have questions about how those sites collect and use data, you should carefully read their privacy policies.
This privacy statement is effective on February 1, 2020.
Some Important Vocabulary
This privacy statement is a legal document, so clarity is important. We’ll use this section to let you know about some words that have special meanings whenever you see them in this statement. Let’s start with the word “statement” itself: when we reference “this statement”, “this privacy statement”, and “our statement”, we mean this online privacy statement you are reading now. Wherever we say MyFirstMillionInMultifamily.com /MyFirstMillionInMultifamily, LLC, and/or MyFirstMillionInMultifamily.samcart.com or “we”, “us”, or “our”, we mean “MyFirstMillionInMultifamily”. We use the words “you” and “your” to mean you, the reader, and other visitors to our online and mobile resources who are, in all cases, over the age of 13. This age requirement is discussed in more detail later in this statement.
When we talk about our “online and mobile resources”, we mean all websites and other internet features we own that allow you to interact with our websites, as well apps we’ve created and distributed to let our customers and followers view our online and mobile resources or otherwise interact with the content we provide. Finally, when we refer to “personal information”, we generally mean information that can be used to identify you or that can be easily linked to you. Thus, a fairly comprehensive list of personal information would include such things as your name, address, telephone number, email address, social security number and date of birth. The privacy laws in some jurisdictions include unique elements in what they consider to be the personal information of the consumers or data subjects they protect. If those laws apply to us, as in the case of the California Consumer Privacy Act, our use of the phrase “personal information” includes the unique elements required by such laws. The English language version of this privacy statement is the controlling version regardless of any translation you may attempt.
What Information Are We Collecting and How Are We Using It?
Voluntarily Submitted Information
If you participate in certain activities via our online and mobile resources, you may be asked to provide us with information about yourself. The types of personal information we collect in those situations include identifiers (such as your name, email address, physical address, and phone number), professional information (such as the business you are in), and financial account information (such as your credit card information).
For example, if you choose to send us an email or fill out an online form, you are voluntarily providing personal information to us. In doing so, you agree that we have a reasonable and lawful basis (such as to provide, maintain, and enhance the online and mobile resources and our product and service offerings, create reports on usage of the online and mobile resources, perform our contract obligations, inform our marketing efforts, comply with law, or satisfy our legitimate business interests) on which to collect, use, and disclose that information for the purpose it is requested and for other reasonable internal business purposes. We do not sell, rent or trade voluntarily submitted personal information with third parties.
If you don’t want us to collect this type of personal information, please don’t provide it. This means you shouldn’t participate in the activities on our online and mobile resources that request or require it and you may want to communicate with us by phone or regular mail instead. Participation is strictly your choice. Not participating may limit your ability to take full advantage of the online and mobile resources, but it will not affect your ability to access certain information available to the general public on the online and mobile resources.
Here are some of the ways you voluntarily give us your personal information and how we use it:
Emails and Online Forms
When you send us an email or fill out an online form, such as to contact us, your email address and any other personal information (e.g., home address or phone number) that may be in the content of your message or attached to it, are retained by us and used to respond back directly to you and to process your request. Depending on the personal information provided, communications from us may be in the form of emails, telephone calls, and/or text messages. We may also send you information about any of our products or services we think may be of interest to you.
Registering for an Account
When you register for an account, you submit personal information to us such as your name and email address which we then retain. We use that information to create and manage your account and in some cases establish a password and profile to communicate with you via email.
Becoming a Subscriber to Our Service
If you formally become a customer of our product or service offerings, you will be required to enter into a subscription or other agreement. That agreement is separate from both this policy and our related website Terms of Use and will have its own terms and conditions governing confidentiality, data privacy, and data security. As a result, those terms and not this statement will apply.
Automatically Collected Information
When you visit our online and mobile resources, basic information is passively collected through your web browser via the use of tracking technologies, such as a “cookie” which is a small text file that is downloaded onto your computer or mobile device when you access the online and mobile resources. It allows us to recognize your computer or mobile device and store some information about your preferences or past actions. Additional information about cookies and tracking technologies is available here.
We allow third-party vendors to use cookies or similar technologies to collect information about your browsing activities over time following your use of the site. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how you use online and mobile resources and enhance your experience when you visit online and mobile resources.
For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/. You can learn more about how to opt-out of Google Analytics by going to www.google.com/policies/privacy/partners/.
The internet activity information collected through cookies and other similar means include such things as:
the domain name and the IP address from which you accessed our online and mobile resources;
the type of browser and operating system you use;
the date and time and length of your visit;
the specific page visited, graphics viewed and any documents downloaded;
the specific links to other sites you accessed from our online and mobile resources; and
the specific links from other sites you used to access our online and mobile resources.
Additionally, if you access our online and mobile resources from a phone or other mobile device the mobile services provider may transmit to us uniquely identifiable mobile device information which allows us to then collect mobile phone numbers and associate them with the mobile device identification information. Some mobile phone vendors also operate systems that pinpoint the physical location of devices and we may receive this information as well if location services are enabled on your device. If you do not want us to collect and use information about your geographical location, disable location services through your device settings.
Regardless, we use both automatically collected information and mobile device information to compile generic reports about popular pages on our online and mobile resources and to see how our customers and followers are accessing our online and mobile resources. We then use that data to administer the online and mobile resources and make them better, make your activities more convenient and efficient and enhance the functionality of our online and mobile resources, such as by remembering certain of your information in order to save you time.
Do Not Track Disclosure
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not specifically respond to browser “do not track” signals.
Sharing Information with Others: Who and Why
Third Parties
We may share your information, including personal information, with our vendors and other third parties with whom we have a contractual relationship. Examples of the categories of third parties with whom we share your information with and why include the vendors from whom we obtain technology and infrastructure services to host our online and mobile resources, perform credit card processing, API integration, and data analytics services. We may also share your information, including personal information, with vendors who provide third party software services that you have chosen to assist you with your sales funnels. We do our best to disclose only the information each of those parties needs.
Affiliates
In addition to those third parties set forth above, we may share your information, including personal information, with our corporate affiliates who will use such information in the same way as we can under this privacy statement.
Legally Compelled Disclosures
We may disclose your information, including personal information, to government authorities, and to other third parties when compelled to do so by such government authorities, or at our discretion or otherwise as required or permitted by law, including but not limited to responding to court orders and subpoenas. We also may disclose such information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the online and mobile resources, or anyone else that could be harmed by such activities.
Business Transfer
IfMyFirstMillionInMultifamily or its affiliates, or substantially all of its or their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, or liquidation, personal information may be one of the transferred assets.
Choices You Can Make: Opt-Out and Account Changes
If we are using personal information you provided to us in order to enable us to send you materials, such as newsletters or product alerts via text or email], and you decide you don’t want to receive such materials, you may opt-out by following the opt-out instructions in the email or other communication (e.g., by responding to the text with “STOP”), or by contacting us using the contact information below. When we receive your request, we will take reasonable steps to remove your name from our distribution lists. You need to understand it may take a period of time to remove your name from our lists after your request and due to such latency you may still receive materials for a period of time after your opt-out. In addition to opting out, you have the ability to access, amend, and delete your personal information by contacting us using the contact information below.
Social Media
This section applies to everyone who interacts with our social media presence. You are therefore viewing this page because you either linked from the social media features on our online and mobile resources ( “Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Twitter, YouTube, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“External Social Media Presence”). Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither this statement nor our Terms of Use apply to our External Social Media Presence. The websites and platforms that host our External Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of MyFirstMillionInMultifamily. Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features as well as our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable website or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features, it should be reported directly to us via the contact information below.
Things Happen: We Do What We Can to Ensure Information Security
We will take all reasonable security precautions to protect your personal information provided to our online and mobile resources. We have adopted, implemented and maintain an enterprise-wide corporate information security program that includes technical, organizational, administrative, and other security measures designed to protect, in a manner consistent with accepted industry standards and applicable law, against anticipated or actual threats to the security of personal information (the “Security Program”). We cannot, however, guarantee that your information, whether during transmission or while stored on our systems or otherwise in our care, will be free from unauthorized access or that loss, misuse, destruction, or alteration will not occur. Except for our duty to maintain the Security Program under applicable law, we disclaim any other liability for any such theft or loss of, unauthorized access or damage to, or interception of any data or communications including personal information. You should also note that third-party companies we engage to provide us with services either to help us in our business or to perform functions we would otherwise perform ourselves, will have access to your information, including your personal information, as part of the work they perform. We require that they enter into confidentiality and such other agreements as required by the laws of certain jurisdictions but cannot guarantee their compliance.
User Age Requirements and Children’s Privacy
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward and collect and use information from, children under the age of 13. We take those age-related requirements very seriously, and consistent with it do not intend for our online and mobile resources to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to our online and mobile resources, we will delete that information and will not use it for any purpose whatsoever. If you believe that someone under the age of 18 has submitted personal information to our online and mobile resources, please contact us at [email protected]. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
The California Consumer Privacy Act
When we collect personal information from California residents we become subject to, and those residents have rights under, the California Consumer Privacy Act or “CCPA”. This section of our statement is used to allow us to fulfill our CCPA obligations and explain your CCPA rights. For purposes of this section, the words “you” and “your” mean only such California residents.
What did we collect from California Residents?
We collected the following categories of personal information within the last 12 months:
identifiers such as name, address, IP address, and other similar identifiers
personal information described in subdivision (e) of Section 1798.80 (California customer records statute) such as a name, address, telephone number, credit card number
commercial information such as products or services purchased
internet/electronic activity such as browsing history and search history
geolocation data including geographic coordinates/physical location
audio, video, electronic or other similar information
We may have disclosed this information for one or more business purposes permitted by the CCPA. Please re-review this privacy statement to understand the scope of purposes and the sources from which we collect it. Similarly, we urge you to re-read the statement above where we describe the categories of third parties with which we may share your personal information and why. We do not sell, and within the last 12 months have not sold personal information to third parties.
Rights of California Residents
You have the following rights under the CCPA. It’s important to us that you know that if you exercise these rights, we will not “discriminate” against you by treating you differently from other California residents who use our sites and mobile resources or purchase our services but did not exercise their rights.
Disclosure – the right to request that we disclose to you, specifically beyond the general statement immediately above, the categories and specific elements of personal information collected including the source of the information, our use of it and, if the information was disclosed or sold to third parties, the categories so disclosed or sold as well as the categories of third party who received or purchased it.
Access – the right to receive a copy of the categories and specific elements of personal information we collected about you in the preceding 12 months.
Delete – the right to request that we delete the personal information we collected about you under certain circumstances.
You can exercise these rights up to two different times every 12 months. To do so, just contact us at [email protected]. We may ask you to fill out a request form. The CCPA only allows us to act on your request if we can verify your identity or your authority to make the request so you will also need to follow our instructions for identity verification.
If you make a verifiable request per the above, we will confirm our receipt and respond in the time frames prescribed by the CCPA.
What if you Submit Information From Outside the United States?
We control and operate our online and mobile resources from within the United States of America (the “USA”). Personal information collected through our online and mobile resources may be stored and processed in the United States or any other country in which we or our affiliates or third-party vendors maintain facilities. Although we do not actively block or monitor visitors from other countries, the online and mobile resources, as well as our products and services, are directed principally at visitors and customers from the USA. To the best of our knowledge, we do not engage in activities that subject us to the data protection and privacy laws of other jurisdictions, such as the General Data Protection Regulation (“GDPR”) under European law. We have, however, as described here, adopted and implemented a Security Program that, by its nature, is compliant with the material provisions of the GDPR and similar laws. We also commit to abiding by the Standard Contractual Clauses promulgated by the European Commission if we should find ourselves transferring personal information outside the group of jurisdictions known as the European Economic Area which currently includes the United Kingdom (the “EEA”). A company’s obligations under the GDPR are similar to our obligations under the CCPA. Likewise, the rights California residents have under the CCPA are very similar to the rights afforded EEA-based data subjects under the GDPR. As such, if you believe we collected personal information from you while you were in the EEA, we further commit to affording those rights to you as described here.
Changes to this Privacy Statement
We reserve the right to change or update this statement from time to time. Please check our online and mobile resources periodically for such changes since all information collected is subject to the statement in place at that time. Typically, we will indicate the effective/amendment date at the beginning of this statement. If we feel it is appropriate, or if the law requires, we’ll also provide a summary of changes we’ve made near the end of the new statement.
Contacting Us
If you have questions about our privacy statement or privacy practices, please contact us at:
MyFirstMillionInMultifamily
Attn: Legal & Compliance Department
814B North Cedar St
Summerville, SC 29483
E-mail: [email protected]
Copyright 2021 – MyFirstMillionInMultifamily – All Rights Reserved
TERMS OF SERVICE
PURPOSE OF THIS AGREEMENT
Welcome to myfirstmillioninmultifamily.com / My First Million In Multifamily, LLC, and/or myfirstmillioninmultifamily.samcart.com We look forward to helping You grow Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a myfirstmillioninmultifamily.com / My First Million In Multifamily, LLC, and/or myfirstmillioninmultifamily.samcart.com User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.MyFirstMillionInMultifamily.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of myfirstmillioninmultifamily.com / My First Million In Multifamily, LLC, and/or myfirstmillioninmultifamily.samcart.com (hereafter “Website”), which is owned and maintained by myfirstmillioninmultifamily.com / My First Million In Multifamily, LLC, and/or myfirstmillioninmultifamily.samcart.com ( “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND myfirstmillioninmultifamily.com / My First Million In Multifamily, LLC, and/or myfirstmillioninmultifamily.samcart.com. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY myfirstmillioninmultifamily.com / My First Million In Multifamily, LLC, and/or myfirstmillioninmultifamily.samcart.com, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
myfirstmillioninmultifamily.com / My First Million In Multifamily, LLC, and/or myfirstmillioninmultifamily.samcart.com reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at our website. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents
Website Use
Website User Conduct and Restrictions-License Terms
Our Privacy Statement and Your Personal Information
Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
Order Placement and Acceptance
Refunds for Hard Goods
AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
Shipping Fees
Products, Services, and Prices Available on the Website
DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
Your Responsibilities in Running Your Business
Commision Program and Independent MyFirstMillionInMultifamily Affiliate Program
Testimonials, Reviews, and Pictures/Videos
COMPLIANCE WITH THE LAW, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS
DISCLAIMERS OF OTHER WARRANTIES
LIMITATIONS OF LIABILITIES
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Additional Remedies
Indemnification
Notice and Takedown Procedures; Copyright Agent
Third-Party Links
Termination
No Waiver
Governing Law and Venue
Force Majeure
Assignment
Electronic Signature
Changes to the Agreement
Your Additional Representations and Warranties
Severability
Entire Agreement
Contacting Us
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The trademark and logo are proprietary marks, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned.
Subject to your continued strict compliance with all Terms, we provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to myfirstmillioninmultifamily.com software over the Website, myfirstmillioninmultifamily provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by myfirstmillioninmultifamily; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of myfirstmillioninmultifamily; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website or any software provided by myfirstmillioninmultifamily, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to myfirstmillioninmultifamily. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to myfirstmillioninmultifamily’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of myfirstmillioninmultifamily or any third party;
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to myfirstmillioninmultifamily’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to myfirstmillioninmultifamily, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.
In addition to the foregoing, myfirstmillioninmultifamily requires you to follow these best practices when sending electronic communications:
Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of the electronic communications, and include a link to such privacy policy in your electronic communications.
Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.
Include in each electronic communication your valid physical mailing address or a link to that information.
Do not send electronic communications to addresses obtained from purchased or rented lists.
Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
Do not routinely send electronic communications to non-specific addresses (e.g., [email protected] or [email protected]).
Do not engage in spamming.
Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, see www.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing), direct to consumer pharmaceutical sales, and payday loans.
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of MyFirstMillionInMultifamily or otherwise.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Our Privacy Statement may be viewed at our website. myfirstmillioninmultifamily reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a myfirstmillioninmultifamily user, you will be required to create an account with myfirstmillioninmultifamily. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your myfirstmillioninmultifamily user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in myfirstmillioninmultifamily’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your myfirstmillioninmultifamily user account or enhanced pricing for your myfirstmillioninmultifamily user account,
at MyFirstMillionInMultifamily’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, MyFirstMillionInMultifamily under your user account. You agree to immediately notify MyFirstMillionInMultifamily of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that MyFirstMillionInMultifamily is not liable, and you will hold MyFirstMillionInMultifamily harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have purchased a “hard good” (for example, a book or other tangible product) from MyFirstMillionInMultifamily or any related brands, you may receive a limited refund if you comply with the following conditions:
You must request a refund in writing by contacting [email protected];
Your request for a refund must be made within thirty (30) days of your purchase;
You must return the hard goods to MyFirstMillionInMultifamily immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
The hard goods must be returned to MyFirstMillionInMultifamily in like-new, or re-sellable condition, as determined in MyFirstMillionInMultifamily’ sole, reasonable discretion.
SECTION 7 – AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address [email protected]. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full MyFirstMillionInMultifamily monthly membership subscription rate provided at the time of enrollment each month until you cancel. MyFirstMillionInMultifamily can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel.
If you wish to cancel your MyFirstMillionInMultifamily subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address [email protected] or through your Account Dashboard, as detailed . For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to MyFirstMillionInMultifamily; MyFirstMillionInMultifamily in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A MyFirstMillionInMultifamily user is responsible for paying all sums due to MyFirstMillionInMultifamily in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the MyFirstMillionInMultifamily user to use any of the services available through the service provided by MyFirstMillionInMultifamily does not relieve the MyFirstMillionInMultifamily user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
IF YOU ARE A MyFirstMillionInMultifamily USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO MyFirstMillionInMultifamily, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING [email protected] AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
MyFirstMillionInMultifamily reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event MyFirstMillionInMultifamily starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, MyFirstMillionInMultifamily may also charge applicable value added or other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at the following URL, but are subject to change:
http://MyFirstMillionInMultifamily.com/products At times, MyFirstMillionInMultifamily may also offer services, such as its coaching program which will be described when offered but nonetheless governed by this Agreement and these Terms. MyFirstMillionInMultifamily reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize MyFirstMillionInMultifamily to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of MyFirstMillionInMultifamily services, and unless you terminate your subscription as provided herein, you agree that MyFirstMillionInMultifamily may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
MyFirstMillionInMultifamily takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that MyFirstMillionInMultifamily does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. MyFirstMillionInMultifamily’ descriptions of, or references to, products or services not owned by MyFirstMillionInMultifamily are not intended to imply endorsement of that product or service, or constitute a warranty by MyFirstMillionInMultifamily.
SECTION 11 – DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
MyFirstMillionInMultifamily does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that MyFirstMillionInMultifamily will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to software and tools to create Internet sales funnels and otherwise assist with their respective online offerings. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use MyFirstMillionInMultifamily’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify MyFirstMillionInMultifamily if any investigation or lawsuit is threatened or filed against you, whereupon MyFirstMillionInMultifamily shall have the right to terminate this Agreement without liability. MyFirstMillionInMultifamily shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). MyFirstMillionInMultifamily shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify MyFirstMillionInMultifamily as set out in Section 21 below in the event that you and/or your business violates any law and a claim is threatened or asserted against MyFirstMillionInMultifamily as a result.
SECTION 13 – COMMISSIONS PROGRAM AND INDEPENDENT MyFirstMillionInMultifamily AFFILIATE PROGRAM
MyFirstMillionInMultifamily may offer you an opportunity to become an independent MyFirstMillionInMultifamily Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for MyFirstMillionInMultifamily accounts and/or products that you sell to other users. MyFirstMillionInMultifamily reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the MyFirstMillionInMultifamily Affiliate Agreement.
For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of MyFirstMillionInMultifamily. Affiliates have no authority to act on behalf of or bind MyFirstMillionInMultifamily. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between MyFirstMillionInMultifamily and each Affiliate.
Affiliates are responsible for following local, state, and federal laws, including but not limited to those laws outlined in Section 16 below and avoiding making misrepresentations or creating the wrong net impression of the products and services offered by MyFirstMillionInMultifamily.
To find out more information about the Affiliate program and the additional terms that apply, please click here. For avoidance of doubt, all Sections of these Terms and Conditions apply to you in your role as Affiliate, unless expressly provided otherwise.
SECTION 15 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
MyFirstMillionInMultifamily is pleased to hear from users and customers and welcomes your comments regarding our services and products. MyFirstMillionInMultifamily may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to MyFirstMillionInMultifamily’ services or products, in printed and online media, as MyFirstMillionInMultifamily determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond MyFirstMillionInMultifamily’ control. Note that testimonials,
photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant MyFirstMillionInMultifamily a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, MyFirstMillionInMultifamily reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. MyFirstMillionInMultifamily shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
SECTION 16 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS
As a MyFirstMillionInMultifamily user and/or Affiliate, whether or not you display the MyFirstMillionInMultifamily’ Badge, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend MyFirstMillionInMultifamily from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against MyFirstMillionInMultifamily relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by MyFirstMillionInMultifamily. You further understand and agree that MyFirstMillionInMultifamily has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications.
MyFirstMillionInMultifamily DOES NOT WARRANT THAT ANY MyFirstMillionInMultifamily MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. Non-limiting examples may include emails or other digital messages that promote
SECTION 17 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify and hold harmless MyFirstMillionInMultifamily, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against MyFirstMillionInMultifamily for liability for payments for, damages caused by, or other liability relating to, You.
SECTION 18 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL MyFirstMillionInMultifamily OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER MyFirstMillionInMultifamily HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL MyFirstMillionInMultifamily’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO MyFirstMillionInMultifamily FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST MyFirstMillionInMultifamily OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 19 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Maricopa County, Arizona, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or MyFirstMillionInMultifamily.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and MyFirstMillionInMultifamily agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and MyFirstMillionInMultifamily expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with MyFirstMillionInMultifamily, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 20 – MyFirstMillionInMultifamily’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to MyFirstMillionInMultifamily, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of MyFirstMillionInMultifamily or a third-party, MyFirstMillionInMultifamily shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Maricopa County, Arizona restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting MyFirstMillionInMultifamily from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Maricopa County, Arizona for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 21 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless MyFirstMillionInMultifamily, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 22 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send MyFirstMillionInMultifamily a notice requesting that MyFirstMillionInMultifamily remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send MyFirstMillionInMultifamily a counter-notice. Notices and counter-notices should be sent to MyFirstMillionInMultifamily, Attention Legal Department, 5001 Tremont Ave Davenport, IA 52807, or by e-mail to [email protected]. These Terms fully incorporate by reference the DMCA Policy.
SECTION 23 – THIRD-PARTY LINKS
The Website may contain links to other websites. MyFirstMillionInMultifamily assumes no responsibility for the content or functionality of any non-MyFirstMillionInMultifamily website to which we provide a link. Please see our Privacy Policy located at www.MyFirstMillionInMultifamily.com/policies/ for more details.
SECTION 24 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of MyFirstMillionInMultifamily or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with MyFirstMillionInMultifamily.
Upon termination, you remain responsible for any outstanding payments to MyFirstMillionInMultifamily.
SECTION 25 – NO WAIVER
No failure or delay on the part of MyFirstMillionInMultifamily in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by MyFirstMillionInMultifamily.
SECTION 26 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Policy located at www.MyFirstMillionInMultifamily.com/policies/ or any matter concerning MyFirstMillionInMultifamily, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Arizona without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Maricopa County, Arizona, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
SECTION 27 – FORCE MAJEURE
MyFirstMillionInMultifamily will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 28 – ASSIGNMENT
MyFirstMillionInMultifamily may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without MyFirstMillionInMultifamily’ (or its assigns’) express written consent.
SECTION 29 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with MyFirstMillionInMultifamily through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 30 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at www.MyFirstMillionInMultifamily.com/policies. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy located at www.MyFirstMillionInMultifamily.com/policies/ by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 31 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that MyFirstMillionInMultifamily has the right to rely upon all information provided to MyFirstMillionInMultifamily by you, and MyFirstMillionInMultifamily may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify MyFirstMillionInMultifamily of the same within 24 hours. MyFirstMillionInMultifamily, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by MyFirstMillionInMultifamily without incurring any obligation or liability to you.
SECTION 32 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 33 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and MyFirstMillionInMultifamily and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and MyFirstMillionInMultifamily. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 34 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected].
If you have any questions or inquiries concerning any of the Terms, you may contact MyFirstMillionInMultifamily by email at [email protected]
For additional inquiries, please feel free to send an email to the relevant address listed below.
Compliance: [email protected]
Spam or Abuse: [email protected]
Affiliates: [email protected]
For General Support and Inquiries: [email protected]
Notices to you may be made by posting a notice (or a link to a notice) on MyFirstMillionInMultifamily.com/policies/ by email, or by regular mail, at MyFirstMillionInMultifamily’ discretion.
SECTION 35 – DATA PRIVACY SHIELD – GDPR
What is GDPR? It is the EU Data Privacy Shield that becomes effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The “Personal Data” definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.
Is MyFirstMillionInMultifamily GDPR Compliant? In short, yes. Please see our privacy policy at www.MyFirstMillionInMultifamily.com/policies/ for more information.
Copyright 2020 – MyFirstMillionInMultifamily – All Rights Reserved
