If you do
not agree to the Terms of Use, please discontinue using the
site immediately!
By accessing
and using this site, you signify your Assent and Agreement
to these Terms of Use. If you do not agree to these Terms of
Use, please do not use the site.
Please check
this Agreement periodically for changes as Real Estate
Marketing Systems, Inc. and Darin Garman (Owner) reserves
the right to revise this Agreement and your continued use of
this site following the posting of any changes to the
Agreement constitutes acceptance of such changes. Owner
reserves the right to terminate a User's use of this site at
any time without notice and may do so for any breach of this
Agreement or the instructions on this site by User. This
Agreement applies to licensors and advertisers as well.
Restrictions on Use of Materials
Except as may
be explicitly permitted through this site, you agree not to
save, download, cut and paste, sell, license, rent, lease,
modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create
derivative works from materials, code or content on or from
this site. Systematic retrieval of data or other content
from this site to create or compile, directly or indirectly,
a collection, compilation, database or directory without
written permission from Owner is prohibited. In addition,
use of the content or materials for any purpose not
expressly permitted in this Agreement is prohibited.
Database Ownership, License, and Use
Except with regard to personal information, all
information which you post on this site or communicate to
Owner through this site (collectively "Submissions") shall
forever be the property of Owner. Owner shall not treat any
submission as confidential and shall not incur any liability
as a result of any similarities that may appear in future
Company services or products. Without limitation, Owner
shall have exclusive ownership of all present and future
existing rights to any Submission of every kind and nature
everywhere. You acknowledge that you are fully responsible
for the message, including its legality, reliability,
appropriateness, originality and copyright. You hereby
represent and warrant that your Submission does not infringe
the rights of any third party.
Trademarks
Owner's, licensors' or other third party materials,
services or products referenced on this site are common law
or registered trade marks or service marks of such parties.
Third party sites
You may be transferred to online merchants or other third
party sites through links or frames from this site. You are
cautioned to read such sites' Terms and Conditions and/or
Privacy Policies before using such sites in order to be
aware of the terms and conditions of your use of such sites.
These sites may contain information or material that is
illegal, unreasonable or that some people may find
inappropriate or offensive. These other sites are not under
the control of Owner, are not monitored or reviewed by
Owner, and Owner is not aware of the contents of such sites.
You acknowledge that Owner is not responsible for the
accuracy, copyright compliance, legality, decency, or any
other aspect of the contents or any transmissions received
through such sites. The inclusion of such a link or frame
does not imply endorsement of this site by Owner, its
advertisers or licensors, any association with its operators
and is provided solely for your convenience. You agree that
Owner and its licensors have no liability whatsoever from
such third party sites and your usage of them.
Disclaimer of warranties
Owner, its advertisers and licensors make no
representations or warranties about this site, the
suitability of the information contained on or received
through use of this site, or any services or products
received through this site. All information and use of this
site are provided "as is" without warranty of any kind.
Owner, advertisers and/or its licensors hereby disclaim all
warranties with regard to this site, the information
contained on or received through use of this site and any
services or products received through this site, including
all express, statutory, and implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement. Owner, advertisers and/or its licensors do
not warrant that the contents or any information receive
through this site are accurate, reliable or correct; that
this site will be available at any particular time or
location; that any defects or errors will be corrected; or
that the contents or any information received through this
site is free of viruses or other harmful components. Your
use of this site is solely at your risk. User agrees that it
has relied on no warranties, representations or statements
other than in this agreement. Because some jurisdictions do
not permit the exclusion of certain warranties, these
exclusions may not apply to you but shall apply to the
maximum extent permitted by law of your jurisdiction.
Limitation of liability
Under no circumstances shall Owner, advertisers and/or
its licensors be liable for any direct, indirect, punitive,
incidental, special, or consequential damages that result
from, or arise out of the use of, or inability to use, this
site, the information contained on or received through use
of this site, or any services or products received through
this site. This limitation applies whether the alleged
liability is based on contract, tort, negligence, strict
liability, or any other basis, even if Owner, advertisers
and/or its licensors have been advised of the possibility of
such damage. Because some jurisdictions do not allow the
exclusion or limitation of incidental or consequential
damages, Owner, advertisers and/or its respective licensors'
liability in such jurisdictions shall be limited to the
maximum extent permitted by law of your jurisdiction.
Indemnification
You agree to defend, indemnify, and hold harmless Owner,
its advertisers, licensors, subsidiaries and other
affiliated companies, and their employees, contractors,
officers, agents and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from
your use of this site, or any services, information or
products from this site, or any violation of this Agreement.
Owner reserves the right; at it own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall
cooperate with Owner in asserting any available defenses.
Copyright and Disclaimers
This system and all materials written or audio is
copyright Real Estate Marketing Systems, Inc. 2004-2006.
Of course I cannot take any responsibility for the
performance of any real estate investment that you become a
part of. Markets change and are diverse and the user
of this system understands that you also need to be aware
that before undertaking any kind of real estate investment,
buying, selling, or managing; you would be wise to seek the
competent advice of a specialized attorney and/or accountant
in all these matters. This system is not intended to
give legal and/or accounting advice, but rather demonstrate
the power of real estate investments and how it can grow
your wealth. The user of this system will also realize
that they will also have to do the necessary research and
educate themselves on the specific real estate and/or rental
rules, laws, and regulations in their individual states and
in their individual market places and Real Estate Marketing
Systems, Inc. and Darin Garman takes no responsibility for
the outcome of any real estate investments, good or bad, and
urges the user of this system to use competent legal and
professional advice whenever necessary.
Legal compliance
Owner may suspend or terminate this Agreement or User's
use immediately upon receipt of any notice which alleges
that User has used this site for any purpose that violates
any local, state, federal or law of other nations, including
but not limited to the posting of information that may
violate third party rights, that may defame a third party,
that may be obscene or pornographic, that may harass or
assault others, that may violate hacking or other criminal
regulations, etc. Of its agents, officers, directors,
contractors or employees. In such event, Owner may disclose
the User's identity and contact information, if requested by
a government or law enforcement body or as a result of a
subpoena or other legal action, and Owner shall not be
liable for damages or results thereof and User agrees not to
bring any action or claim against Owner for such disclosure.
Choice of law and forum
This site (excluding third party linked sites) is
controlled by Owner from its offices within Linn County,
State of Iowa, U.S. of America. It can be access from all 50
states as well as from other countries around the world to
the extent permitted by site. As each of these places has
laws that may differ from Linn County, State of Iowa, by
accessing this site, both you and Owner agree that the
statues and laws of Linn County, State of Iowa shall apply
to any actions or claims arising out of or in relation to
this Agreement or your use of this site, without regard to
conflicts of laws principles thereof. You and Owner also
agree and hereby submit to the filing of any claim only in
the exclusive personal jurisdiction and venue of Linn
County, State of Iowa and any legal proceedings shall be
conducted in English. Owner makes no representation that
materials on this site are appropriate or available for use
in other locations, and accessing them from territories
where their contents are illegal is prohibited. This
Agreement shall not be governed by the United Nations
Convention on Contracts for the Sale of Goods.
Miscellaneous
These Terms of Use will apply to every access to Owner.
Owner reserves the right to issue revisions to these Terms
of Use by publishing a revised version of this document on
this site: that version will then apply to all use by you
following the date of publication. Each access of
information from Owner will be a separate, discrete
transaction based on the then prevailing terms. These Terms
of Use shall be governed by, construed and enforced in
accordance with the laws of Linn County, State of Iowa, as
it is applied to agreements entered into and to be performed
entirely within such jurisdiction.
To the extent you have in any manner violated or
threatened to violate Owner and/or its affiliates'
intellectual property rights, Owner and/or its affiliates
may seek injunctive or other appropriate relief in any state
or federal court in Linn County, State of Iowa, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Linn County,
State of Iowa. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each
of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Linn
County, State of Iowa, under the rules of the American
Arbitration Association. Judgment upon the award rendered by
the arbitration may be entered in any court with
jurisdiction to do so.
If any provision of this agreement is void or unenforceable
in whole or in part, the remaining provisions of this
Agreement shall not be affected thereby.
Spam Policy
Please help us fight SPAM. SPAM is a serious problem on
the Internet. We will make an effort to catch spammers who
in any way abuse us or our users. We do not participate in
any unsolicited emailing, nor are any advertisers permitted
to promote our site via bulk email. If you see our name or
site in any way involved in spam, you can be sure it was not
from us, it would be an unpermitted use of our name or site.
