Terms of Use
Important Information You should carefully read the following Terms and Conditions, which supersedes any previous written or verbal terms you have received. YOUR PURCHASE, USE, OR ACCESS TO ANY OF OUR MEMBER'S ONLY PRODUCTS & SERVICES IMPLIES THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
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Introduction:
Please read this Agreement carefully before accessing (one) our Full Version Property Analyzer’s™ Members website and/or any other products or services offered by us. A considerable investment of time, effort and money has been made by Cupcake-Investing (CCRC) to create and support the online and offline systems composed of tools, training, and materials provided through either the site, telephone support or consultations, in person training, and other methods. You have been given access to this online systems under specific terms and conditions.
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The following terms and conditions are 100% non-negotiable as they represent Cupcake-Investings offer to you to provide easy online or other access to their systems in an affordable manner which is specifically set up to keep costs down and pass the savings on to you. Because these terms and conditions are considered an offer to you by Cupcake-Investing, by accessing or using any part of the web site and/or other resources you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website nor use any of the other services.
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Ownership:
You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products, and systems are the copyright protected property of Copy Write, LLC and/or Mentor Group, LLC. Everything on this site is provided ‘as is' without warranty of any kind, either expressed or implied. In no event shall our company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.
Proprietary: This site contains Proprietary systems, and materials which may not be reproduced or shared for any reason with anyone with NO exceptions. You agree by using our Full Version's Property Analyzer™ systems not to share, publish or in any other manner release the information and ideas herein to anyone other than as required to accomplish your investing goals.
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Changes:
Cupcake-Investing (CCRC), dba Cupcake Realty reserves the right, at their sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website and/or other posting of any changes to this Agreement constitutes acceptance of those changes. Cupcake-Investing may also, in the future, offer new services and/or features through the Website or using other methods (including, the release of new tools and resources). Such new features, shall be subject to the terms and conditions of this Agreement. Updates, Changes, and Website Downtime. The Website may at times operate slowly or become unavailable for use with or without notice due to the need to make updates, changes or for other reasons beyond our control. As a part of this agreement you understand that such conditions are to be expected and thus agree to be patient while our team makes changes, or fixes any issues. In addition you agree that because such outages or conditions are expected from time to time there will be no adjustment whatsoever to the fees you have paid due to any such conditions.
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Non Solicitation Covenant:
You hereby covenant that during and upon termination of this Agreement, or and for a period of two (2) years after that you shall not do or cause or permit to be done any of the following: (a) induce or attempt to induce or influence any employee or independent contractor of Company to terminate or alter her or her relationship with Company (or any of its affiliates); or (b) induce or attempt to induce or influence any vendor supplying Company (or any of its affiliates) to terminate or alter that relationship with Company (or any of its affiliates). (c) induce or attempt to induce or influence any client of Company (or any of its affiliates) to terminate or alter that relationship with Company (or any of its affiliates).
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Termination:
In our sole option, your access to all or any part of the Website may be terminated at any time, with or without cause, with or without notice, effective immediately. Violation of this terms of use or any other agreement of ours will result in immediate termination of your access to all or any part of the Website and you will not get a refund. In the unlikely case of such termination, your ongoing access payments will also terminate. Regardless of your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if you close your account before the end of your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. This means that there are no prorations, refunds, or credits issued for any reason whatsoever. While this is a strict policy, it is a necessary component as it allows Cupcake-Investing to provide you with access to the Website under the existing pricing structure. Any exceptions to this policy would require additional support staffing, along with Cupcake-Investing time to review requests, which would increase the cost to all members beyond the current pricing structure for you to access the Website. Because of this you may cancel your monthly payment plan (if you have one) prior to your billing date, however your access to the Site will immediately stop once you cancel your payment plan. In addition to this, the site will no longer be available once you cancel. There are 3 acceptable methods for canceling a payment plan in one of our programs: 1 - call us at ---/---/----, 2 - send in a ticket through one of our help desks, 3 - use the online cancellation system if it is available in your program. Any other method of canceling is NOT acceptable and will NOT be counted as a cancellation. For example, emailing us to a NON-reply email does NOT count as a cancellation, so do NOT simply reply to your welcome email or any email you've received from our system.
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Forms and Contracts:
By downloading any of the forms, contracts and/or paperwork, you understand that said forms, contracts and/or paperwork are provided for your convenience and you understand that real-estate law is governed state by state and laws and regulations change from time to time. You also understand that it is ok to seek legal and professional advise before using said forms, contracts and/or paperwork and you agree to hereby hold Cupcake-Investing (CCRC), dba Cupcake Realty and any/all entities harmless from any liability by using said forms, contracts and/or paperwork.
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Money Back Guarantee:
There is a 30 day unconditional money back guarantee in this program. After 30 days there are absolutely no refunds in this program.
Limitations of Cancellation:
When you cancel any of Cupcake-Investing products you understand and agree to a limit of one product cancellation, refund or exchange within the next 12 month period, beginning on the date of the cancel request (No exceptions).
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Survival of This Agreement:
All provisions of this Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties: The materials, and systems provided by Cupcake-Investing™ are provided ‘as is'. Cupcake-Investing and staff make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the systems on its Websites or otherwise relating to such materials, and systems or on any sites linked to this site.
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Limitation of Liability:
In no event will Cupcake-Investing or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cupcake-Investing, or other related companies under this agreement during the twelve (12) month period prior to the cause of action. Cupcake-Investing shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty:
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You represent and warrant that (i) your use of the Website will be in strict accordance with the website's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. Client Information Cupcake-Investing is committed to protecting the privacy of it's clients by keeping all of your information private.
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Notice:
Because investing in real estate involves risks, which are difficult to determine, by participating you agree that it is your responsibility to get your attorney's, CPA's, and or financial advisor's approval prior to proceeding with the purchase of any property.
Indemnification:
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You agree to indemnify and hold harmless Cupcake-Investing and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, arising out of your violation this Agreement.
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Site Terms of Use Modifications:
Cupcake-Investing may revise these terms of use for its programs at any time without notice. By using, accessing the programs, or by being a member, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
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Entire Agreement:
This Agreement is the entire agreement between the parties relating to its subject matter.
Governing Law: This Agreement will be governed by the laws of the State of Arizona, without regard to any provision of Arizona law that would require or permit the application of the substantive law of any other jurisdiction.
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