Terms of Service and Conditions of Use of the Distressed Real Estate Institute Online Training Site, The Partnership Program and the Proof of Funds Letter Web Site.
PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THE DISTRESSED REAL ESTATE UNIVERSITY ONLINE TRAINING SITE (LEX REAL ESTATE TRAINING (www.lexrealestatetraining.com ) AND ALL OF THE ONLINE TRAINING VIDEOS, AUDIOS, PDFS, DOCUMENTS AND MATERIALS.
BY SIGNING THIS AGREEMENT OR BY LOGGING IN TO THE TRAINING SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS TERMS OF SERVICE AND CONDITIONS OF USE AGREEMENT FOR THE TRAINING SITE, PARTNERSHIP PROGRAM AND PROOF OF FUNDS LETTER SITE AS WELL AS ALL BOOT CAMPS, LIVE TRAINING EVENTS, COACHING CALLS, AND INNER CIRCLE EVENTS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR LOGIN TO OUR TRAINING SITE.
BY USING THE DISTRESSED REAL ESTATE UNIVERSITY TRAINING SITE (www.lexrealestatetraining.com ), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS. YOU ALSO AGREE THAT IF YOU DO NOT UNDERSTAND THESE TERMS, THAT YOU WILL HAVE AN AGENT OR ATTORNEY REVIEW THESE TERMS FOR YOU PRIOR TO SIGNING THIS AGREEMENT AND LOGGING IN TO OUR TRAINING SITE FOR THE FIRST TIME. BY SIGNING THIS AGREEMENT, OR BY LOGGING IN TO OUR SITE YOU ARE AGREEING TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY BY BOOKMARKING THIS PAGE TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS THE DISTRESSED REAL ESTATE INSTITUTE MAY MAKE AT ANY TIME AND WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE DISTRESSED REAL ESTATE UNIVERSITY TRAINING SITE www.lexrealestatetraining.com AND ATTENDANCE AT OUR EVENTS, AND USE OF ANY OF OUR TRAINING TOOLS, PROOF OF FUNDS LETTER SITE, AND STUDENT SUPPORT WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THIS AGREEMENT AND ANY FUTURE MODIFICATIONS TO THIS AGREEMENT.
1. Email Support
Distressed Real Estate Institute Customer Support Desk
Please note that we DO NOT offer phone support to Partnership Program Students. Phone Support is only offered to our Coaching students. support for Partnership Program Students is via this email address only firstname.lastname@example.org.
Each support email to email@example.com creates a support ticket which is submitted to our Support Desk. Our support desk responds to all support tickets on a first come first served basis during the hours of 9 a.m. to 5 p.m. Eastern Time on Monday through Friday. All questions to our support desk on holidays and on weekends will be responded to on the following work day. Our support desk is closed on all major holidays and is also closed on the Friday before long weekends.
2. Modification of Terms.
The Distressed Real Estate University Site (www.lexrealestatetraining.com ) reserves the right to modify these terms at any time. Except as otherwise stated herein, any change to these terms are effective immediately. User agrees to check the site periodically for changes to these terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions. Since content is constantly being added and new pricing and new features are being added and changed, the user acknowledges and agrees to this. This agreement will cover all sites that are included or mentioned in the training and on the training site including the online training site (www.lexrealestatetraining.com ), the proof of funds letter web site (www.mypofletter.com ) and any other sites operated by Lex Levinrad and the Distressed Real Estate Institute which are mentioned in any of the real estate trainings including any videos, articles, pdfs, documents or audios including those that are handed out at the Distressed Real Estate Boot Camp.
3. Limited License.
The Distressed Real Estate Institute Training Site (www.lexrealestatetraining.com ) hereby grants you and only you, a limited non-exclusive, non-sub licensable and non-transferable license to Access the content and information available on www.lexrealestatetraining.com , according to the provisions contained herein, and subject to the following terms and conditions.
4. Fees; Renewal; Refund Policies.
Single-User Subscribers ONLY
Access to the Distressed Real Estate University Training Website (www.lexrealestatetraining.com )is limited to one user only and may only be accessed from one IP Address. Our servers log all IP Addresses and records and saves all user logins on our servers. Sharing your online user id and password with anyone will immediately terminate your access to the Distressed Real Estate University Online Training Site and the Partnership Program including all support and no refunds will be issued for any full or partial payments made. DO NOT SHARE YOUR USER ID OR PASSWORD WITH ANYONE.
Payment is required in full before you can access the training site. You agree to pay the monthly fee of $97 per month for continued access to the training site per the payment schedule that you chose and agreed to when you signed up. If you signed up with the Annual Plan, then your payment includes access to the training site for 12 months. At the end of the 12 months, your payment changes to $97 per month and is billed every month thereafter until you cancel in writing. If you signed up for the monthly plan, then you will be billed $97 per month every month beginning 30 days from the day that you signed up. Your payment of $97 per month enables you to have continued access to the training site www.lexrealestatetraining.com , the Support Desk, the Partnership Program, Transactional Funding, Submit My Deals, Comparable Sales, webinars and boot camps. Your monthly payment of $97 per month is billed every month until you cancel in writing. Cancellation requests must be submitted to our Support Desk in writing via email to the email address above. If you cancel your monthly membership fee of $97 then you will no longer have access to the training site www.lexrealestatetraining.com , the Support Desk, the Partnership Program, Transactional Funding, Proof of Funds Letter, Submit My Deals, Comparable Sales, training calls, webinars and boot camps. In other words, if you are no longer a paying member and do not have a monthly membership then you will not receive any support or any access to any of our products, trainings or boot camps at all (including email support and access to our online training site).
If for any reason payment is interrupted because of a declined or expired credit card your access to the training site, proof of funds letter and student support desk will be revoked until payment has been reinstated. You will not be able to access the training site, access proof of funds letters or receive email support from our support desk until payment is resumed. If a credit card charge is declined, our customer support desk will notify you via email and you will have 5 calendar days from the card decline date to submit a new credit card and have your account reinstated. Please note that our emails may end up in your spam folder so please make sure that you are getting our emails and that they are not going in to your spam folder. Please whitelist all emails from the domains @lexrealestategroup and @lexlevinrad.com to ensure they are not going in to your spam folder. Also, please make sure that if you change your email address you notify our customer support desk immediately. It is your responsibility to ensure that you are getting our emails and that they are not going in to your spam folder. It is also your responsibility to ensure that we have your most current email address and phone number on file for you so that we know how to contact you if we need to get hold of you.
Monthly Subscription fees are not-refundable under any circumstances. There are no exceptions to this policy. The fee that you paid to sign up and have access to our Program is not refundable under any circumstances. Since our content is very valuable and only available to our real estate students we cannot offer any refunds of any kinds at any time regardless of whether you have paid in full or paid partially. We cannot offer any refunds period. If you have logged in to the training site, or registered for the Proof of Funds Letter Site, or called our support desk or emailed our Support Desk or called our office with questions (which is considered support), even one time, then no refunds will be issued to you under any circumstances. You are free to cancel your monthly subscription of $97 at any time by emailing firstname.lastname@example.org.
If you cancel your monthly membership fee of $97 then you will no longer have access to the training site www.lexrealestatetraining.com , the Support Desk, the Partnership Program, Transactional Funding, Submit My Deals, Proof of Funds Letter Site, Comparable Sales, coaching calls, webinars and boot camps. In other words, if you are no longer a paying member and do not have membership then you will not receive any support or any access to any of our products, trainings or boot camps. If you are a monthly member and you are paying the $97 per month you will be able to attend both the Fixing and Flipping Boot Camp, and the Wholesaling Boot Camp as many times as you want. You will also have access to the complete video of both boot camps the training site www.lexrealestatetraining.com , the Support Desk, the Partnership Program, Transactional Funding (per the terms of this agreement), Submit My Deals, Comparable Sales, coaching calls, and webinars.
We take copyright of our material very seriously and any attempt to violate our copyright, copy our information, share, retrieve and download information will be considered theft and will be prosecuted to the maximum extent that the law allows.
Please note that you are required to pay the monthly membership fee of $97 to have access to the Distressed Real Estate University Site (Lex Real Estate Training), Partnership Program, Proof of Funds Letter site and Student Support Desk (email support only). If you cancel your monthly membership, or if your credit card is declined, then access to the Distressed Real Estate University Training Site Partnership Program, Proof of Funds Letter site and Student Support Desk will be revoked immediately.
The Distressed Real Estate Institute increases the cost of the monthly subscription fees from time to time and you acknowledge and understand that subscription fees will change or may change. However, your payment schedule that you agreed to above will not change for at least 12 months from the date that you signed up. If you are paying $97 per month then your fee will not be increased for at least 12 months. If your service is cancelled because of lack of payment or inability to process a credit card, then your service will be reinstated at the new higher prevailing monthly membership rate which may be significantly higher. Please make sure that we have your most current credit card on file. If your card is cancelled or declined, then we give you a courtesy period of 5 days to give us your new billing information. If you do not do so, then after 5 days your service will be cancelled and if you reinstate your monthly membership then you will be reinstated at the current prevailing membership rate which may be significantly higher. If you cancel out of our program and then contact us a few months (or years) later to reinstate you will need to pay the sign up fee again.
The Distressed Real Estate University Site may terminate your access to our site if it is unable to process your credit card for payments because of inaccurate or outdated credit card information. Our primary means of communication with our students is via email and text. Please ensure that all emails from email@example.com and the domains @lexrealestategroup.com and @lexlevinrad.com are not going in to your spam or junk folders or promotions folder in Gmail. Please make sure that we have your current cell phone number so that you will receive our text alerts.
Right of Access to the DISTRESSED REAL ESTATE INSTITUTE TRAINING SITE granted under these Terms is effective only upon payment of the subscription fees in full or per the payment plan schedule above. If payment is not made, then your access to the site will be revoked immediately until payment is received. Access to the proof of funds letter site and the Partnership Program and Support Desk will be revoked as well.
5. Access to the MEMBERSHIP WEBSITE; Modification of Content.
The Distressed Real Estate University Site (www.lexrealestatetraining.com ) is for our real estate students only. Access to the site is only given to Distressed Real Estate Institute Students that have signed up for the Distressed Real Estate Institute Partnership Program. Access to this site is not available to the public and is only available to Distressed Real Estate Institute Students that have signed up for one of the Distressed Real Estate University Training Programs. The Distressed Real Estate University Site strives to provide the online training site www.lexrealestatetraining.com to its Subscribers on a continuous basis. To that end, The Distressed Real Estate University Site will take all commercially reasonable efforts to provide uninterrupted Access to the DISTRESSED REAL ESTATE UNIVERSITY SITE to its Subscribers. However, from time to time, Subscribers may be unable to Access THE DISTRESSED REAL ESTATE UNIVERSITY SITE due to conditions beyond Lex Levinrad and or the Distressed Real Estate Institute’s control. Such conditions include, but are not limited to: internet outages, server disruptions, force majeure, acts of God, power outages, hurricanes and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of THE DISTRESSED REAL ESTATE UNIVERSITY SITE to its Subscribers, The Distressed Real Estate University Site will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
The Distressed Real Estate University Site endeavors to provide the highest quality content to its Students. To that end, The Distressed Real Estate University Site reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon making the changes to the site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site. It is recommended that you have high speed internet access and a computer that is not more than 2 years old.
6. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
You may not under any circumstances allow anyone other than yourself to have access to the Distressed Real Estate Institute Training Site. All logins and IP Addresses are recorded on our servers. Violation of this policy will result in immediate termination of your account and access to this training site along with access to all of our other products that are related to this site including boot camps, student support, proof of funds letters, Partnership Program or anything else that was included with your access to this site. DO NOT SHARE YOUR USER ID AND PASSWORD WITH ANYONE.
You may NOT download or copy any of the material on this site including videos, audios, documents, pdfs, pictures, spreadsheets or any other information on this site including links to external web sites and other confidential information on this site that is available for our student’s eyes only. You cannot take screen shots and share them or save any screen shots from our training site.
You may not share or copy any of the material on this site with anyone else including videos, audios, documents, pdfs, pictures, spreadsheets, screenshots or any other information on this site including links to external web sites and other confidential information on this site that is available for our real estate students only.
You may not transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Lex Levinrad and or the Distressed Real Estate Institute computers, servers or databases.
You may not capture, download, save, upload, print or otherwise retain any information and content available on the Site including audio, video, pdf’s, documents, spreadsheets or any other information other than what is expressly allowed by these Terms.
You may not permit or provide other people access to THE DISTRESSED REAL ESTATE UNIVERSITY SITE using your user name and password or otherwise, or the name and password of another authorized User.
You may not copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, and transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
You may not remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
You may not transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
You may not violate or attempt to violate Lex Levinrad and or the Distressed Real Estate Institute and Distressed Real Estate University site security mechanisms, access any data or server you are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
You may not engage in any other conduct which violates the Copyright Act or other laws of the United States.
You may not use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Lex Levinrad and or the Distressed Real Estate Institute.
You may not use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
You may not misrepresent your identity or personal information when accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Lex Levinrad and or the Distressed Real Estate Institute.
You may not post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
You may not advertise or otherwise solicit funds, goods or services on the Site. You may also not solicit any of our students in our Facebook Group or at our monthly meetings and training events.
You may not provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, The Distressed Real Estate University Site reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to THE DISTRESSED REAL ESTATE UNIVERSITY SITE to any person or entity whose use of the DISTRESSED REAL ESTATE UNIVERSITY SITE suggests Prohibited Conduct. Access of the materials available at THE DISTRESSED REAL ESTATE UNIVERSITY SITE beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of THE DISTRESSED REAL ESTATE UNIVERSITY SITE and will result in revocation or denial of Access to THE DISTRESSED REAL ESTATE UNIVERSITY SITE. The terms “normal patterns” and “abuse” shall be determined solely by Lex Levinrad and the staff at the Distressed Real Estate Institute. The terms of this agreement and reference to the Distressed Real Estate University Training site include all of our training sites including www.mypofletter.com www.lexlevinrad.com , www.distressedrealestateuniversity.com and www.lexrealestatetraining.com . For additional terms and disclaimers which are included with this agreement and which the user agrees to by signing this agreement please visit www.lexlevinrad.com and the see the terms and disclaimers and live disclaimers whose terms are made part of this agreement as well.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
7. LIMITED WARRANTIES.
The Distressed Real Estate University Site warrants that the software that allows Users to Access the DISTRESSED REAL ESTATE UNIVERSITY SITE (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. THE DISTRESSED REAL ESTATE UNIVERSITY SITEPROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
ALTHOUGH THE DISTRESSED REAL ESTATE UNIVERSITY SITE HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
8. DISCLAIMERS AND LIMITATION OF LIABILITY.
USER ACCESSES THIS SITE AND ALL OF THE TRAININGS INCLUDING THE AUDIO TRAINING, VIDEO TRAINING AND ALL DOCUMENTS, PDFS AND OTHER MATERIAL ON THIS TRAINING SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. THE DISTRESSED REAL ESTATE UNIVERSITY SITE DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. THE DISTRESSED REAL ESTATE UNIVERSITY SITE DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL THE DISTRESSED REAL ESTATE UNIVERSITY SITE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF MONEY, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT THE DISTRESSED REAL ESTATE UNIVERSITY SITE RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE DISTRESSED REAL ESTATE UNIVERSITY SITE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL THE DISTRESSED REAL ESTATE UNIVERSITY SITE BE LIABLE FOR ANY DAMAGES IN EXCESS OF $10 FOR A SUBSCRIPTION TO ACCESS THE DISTRESSED REAL ESTATE UNIVERSITY SITE, EVEN IF THE DISTRESSED REAL ESTATE UNIVERSITY SITE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF LEX LEVINRAD AND OR THE DISTRESSED REAL ESTATE INSTITUTE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. THE DISTRESSED REAL ESTATE UNIVERSITY SITE IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
YOU AGREE TO HOLD THE DISTRESSED REAL ESTATE INSTITUTE, IT’S EMPLOYEES AND LEX LEVINRAD HARMLESS FOR ANY ACTIONS THAT MAY RESULT OUT OF YOUR USING THIS SITE AND ANY OF THE TRAINING INFORMATION ON THIS SITE INCLUDING TRAINING VIDEOS, AUDIOS, PDFS, DOCUMENTS AND ANY OTHER INFORMATION ON THIS SITE OR AVAILABLE WITH THE DISTRESSED REAL ESTATE INSTITUTE TRAININGS. YOU AGREE TO HOLD THE DISTRESSED REAL ESTATE INSTITUTE, IT’S EMPLOYEES AND LEX LEVINRAD FOR HARMLESS FOR ANY ACTIONS THAT YOU UNDERTAKE BASED ON EMAIL OR PHONE COMMUNICATION WITH DISTRESSED REAL ESTATE INSTITUTE STAFF, INCLUDING BUT NOT LIMITED TO LOSING MONEY ON ANY TRANSACTION, LOSING YOUR DEPOSIT, LOST POTENTIAL PROFIT, LOST PROFIT ON ANY TRANSACTION OR FOR THAT MATTER ANY LOSSES AT ALL THAT MAY ARISE OUT OF YOUR MAKING OFFERS TO PURCHASE PROPERTIES. WE WILL NOT BE RESPONSIBLE FOR YOUR ACTIONS UNDER ANY CIRCUMSTANCES.
NO DEALER, AGENT, OR EMPLOYEE OF THE DISTRESSED REAL ESTATE UNIVERSITY SITE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS VERBALLY OR BY ANY OTHER MEANS AND THIS AGREEMENT IN IT’S ENTIRETY SHALL BE BINDING.
THE DISTRESSED REAL ESTATE UNIVERSITY SITE DISCLAIMS ALL WARRANTIES AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF $10, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE INCLUDING DISTRESSED REAL ESTATE INSTITUTE SUPPORT AND SUPPORT EMAILS.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
User agrees to defend, indemnify and otherwise hold harmless The Distressed Real Estate University Site and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
10. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Site. The Distressed Real Estate University Site has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. The Distressed Real Estate University Site may suspend your access while it investigates. Users are required to enter a user name and password to Access the DISTRESSED REAL ESTATE UNIVERSITY SITE. To protect against unauthorized Access to Your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.
You represent and warrant that you are the person on whose behalf you claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that you have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify The Distressed Real Estate University Site immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify The Distressed Real Estate University Site immediately if you are aware of or suspect other unauthorized use of the Site and/or the Site content. The Distressed Real Estate University Site will not be liable for any loss that you incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Lex Levinrad and or the Distressed Real Estate Institute, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
The Distressed Real Estate University Site will never ask you for your password. If you need a new user name and/or password, The Distressed Real Estate University Site will generate a new user name and password automatically through its computers and send it to your e-mail or postal address.
11. Termination of Agreement.
In addition to Lex Levinrad and or the Distressed Real Estate Institute other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. The Distressed Real Estate University Site may also terminate Access to the DISTRESSED REAL ESTATE UNIVERSITY SITE www.lexrealestatetraining.com or cancel subscriptions to THE DISTRESSED REAL ESTATE UNIVERSITY SITE without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement or engaged in conduct that The Distressed Real Estate University Site deems inappropriate. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement. This means if you cancel you will still be responsible for outstanding fees.
The Distressed Real Estate University Site values your trust. In order to honor that trust, all of Lex Levinrad and or the Distressed Real Estate Institute employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide. For more information, please review Lex Levinrad and or the Distressed Real Estate Institute terms of which are incorporated on www.lexlevinrad.com at the bottom of the home page.
These Terms constitute the entire agreement between The Distressed Real Estate University Site and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between The Distressed Real Estate University Site and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, The Distressed Real Estate Institute may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Lex Levinrad and or the Distressed Real Estate Institute remedies are cumulative and not exclusive. Failure of The Distressed Real Estate University Site to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one month after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. The Distressed Real Estate University Site makes no representation that the content of the Site is appropriate or available for use in all locations. The Distressed Real Estate University Site operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. The Distressed Real Estate University Site cannot provide notifications via post, only via e-mail.
14. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Florida law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and The Distressed Real Estate University Site shall be finally resolved through binding arbitration in Boca Raton, Florida. The arbitration shall be conducted by one (1) arbitrator selected by the Distressed Real Estate Institute. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
15. Force Majeure, Acts of God and Unpredictable Events.
In no event shall the host of the the Distressed Real Estate Institute real estate events, the Distressed Real Estate Institute LLC. and or Lex Levinrad be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, riots, hurricanes, tornados, earthquakes, epidemics, plagues, pandemics, viruses, shutdowns, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer software and hardware services. In the event that Lex Levinrad is sick, hospitalized, injured, ill or incapacitated and for any reason not able to host or attend the event for any event including of illness, flu, virus, pandemics, or epidemics the event date will be rescheduled and no refunds will be given under any circumstances. We reserve the right to host the entire training event via Zoom Webinar if that is required for social distancing because of Covid or any other future pandemic, virus, or epidemic.
In the event of any force majeure, act of god, natural disaster or unpredictable or unforeseen event such as a hurricane, tornado, earthquake, monsoon, typhoon, epidemic, pandemic, virus, illness of the event host, travel restrictions, outbreak of a virus, riots, power outages, war, acts of terror or war, terrorism, explosions, water, power or sewage outages or any other unforeseen event not specifically listed above, we will NOT be held responsible for this unpredictable event under any circumstances and we WILL NOT ISSUE ANY REFUNDS under any circumstances. In the event that a Boot Camp, Inner Circle, Private Coaching, Coaching Call, or any training event is cancelled due to any unforeseen or unpredictable event including everything listed above such as a hurricane, tornado, earthquake, monsoon, typhoon, epidemic, virus, pandemic, illness of Lex Levinrad, travel restrictions, outbreak of a virus, riots, power outages, war, acts of terror or war, terrorism, explosions, water or sewage outages or any other unforeseen event not specifically listed above, we will NOT issue a refund for the cost of your ticket to attend the event nor will we reimburse you under any circumstances for any plane tickets, travel costs, costs of your hotel stay, car rentals, loss of work or any other expenses that may arise related to your not being able to attend the event. We strongly advice and encourage you to purchase travel insurance that will reimburse you if you are purchasing plane tickets or booking a hotel to stay at for this event.
In the event of a boot camp or training event cancellation we will give you a 2 years credit to attend another boot camp or similar training with no additional fee. If the hotel hosting the event is out of power or closed due to an act of nature or unforeseen circumstance such as a hurricane, tornado, earthquake, monsoon, typhoon, epidemic, pandemic, travel restrictions, outbreak of a virus, riots, power outages, war, acts of terror or war, terrorism, explosions, water or sewage outages or any other unforeseen event not specifically listed above then our best efforts will be utilized to try and locate an alternative location to host the boot camp or training event (if possible).
However, if no alternative location is available then the event will be rescheduled to a future date and all registered students will receive an email notification of the change of date of the event. We will not be held liable under any circumstances for your cost of hotel, your travel costs, plane tickets or any travel expenses under any circumstances. We will NOT issue a refund under any circumstances if a boot camp or training event is cancelled but you will have a 2-year credit to attend a similar event in the future without any charge to you. You will also have access to the video training of the boot camps on our training site.
PARTNERSHIP PROGRAM AGREEMENT AND ACCESS TO THE PROOF OF FUNDS LETTER WEB SITE
This Partnership Program Agreement is between the Distressed Real Estate Institute, LLC and the student signing this term of use agreement. You are receiving unlimited access to the Partnership Program beginning today and for as long as you maintain your monthly membership payment of $97 per month. You will have access to the Partnership Program and Proof of Funds Letter Site and Student Support Desk for as long as you pay the monthly membership fee of $97 per month (in accordance with the terms of this agreement).
Access to the Partnership Program includes the following:
- Proof of Funds Letter Site With Unlimited Proof of Funds Letters Up to $250,000
- Transactional Funding on all of your Partnership Program deals where we fund the AB Closing (The BC closing must be at one of our approved title companies and be authorized by us in order to receive transactional funding)
- Unlimited Access to the Partnership Program
- We market and advertise your deals to our cash buyers (if you want us to). You are free to market yourself as well.
- We fund your deals that our cash buyers want to buy (free transactional funding when we partner with you based on the terms of this agreement)
- We Split All Profits 50/50 (net of closing costs and transactional funding fees) ONLY if we find you a buyer. If you find a buyer, then you keep all of the profits and we just charge you a transactional funding fee (rates subject to change).
- Access to the online training site (Distressed Real Estate University, Lex Real Estate Training)
- Unlimited Customer Support (email support only Monday to Friday 9 a.m. to 5 p.m. EST)
PLEASE NOTE THAT THERE ARE NO REFUNDS FOR THE PARTNERSHIP PROGRAM AND THE FEES YOU PAID WHEN YOU SIGNED UP ARE NOT-REFUNDABLE UNDER ANY CIRCUMSTANCES.
PLEASE READ THESE TERMS BELOW CAREFULLY AS THEY CONSTITUTE AN AGREEMENT FOR HAVING ACCESS TO THE PARTNERSHIP PROGRAM. VIOLATING ANY OF THE TERMS OF THIS PARTNERSHIP PROGRAM AGREEMENT BELOW WILL BE GROUNDS FOR IMMEDIATE TERMINATION FROM THE PARTNERSHIP PROGRAM AND NO REFUNDS WILL BE ISSUED AND ACCESS TO THE PROOF OF FUNDS LETTER SITE, TRAINING SITE, CUSTOMER SUPPORT AND PARTNERSHIP PROGRAM PLUS ALL BOOT CAMP TICKETS WILL BE TERMINATED IMMEDIATELY. ALL MATERIAL IS COPYRIGHT PROTECTED BY LEX LEVINRAD AND THE DISTRESSED REAL ESTATE INSTITUTE AND ALL INFORMATION LEARNED BY YOU IN THE PARTNERSHIP PROGRAM, WHETHER ON THE DISTRESSED REAL ESTATE INSTITUTE TRAINING SITE, IN THE HOME STUDY COURSE OR OTHER COURSE MATERIALS AND BOOT CAMPS IS CONFIDENTIAL AND SHOULD NOT BE SHARED WITH ANYONE THAT HAS IS NOT AN ENROLLED STUDENT IN THE PARTNERSHIP PROGRAM
WHOLESALING AND THE 50/50 PARTNERSHIP PROGRAM AND MARKETING OF DEALS
1. The Partnership Program monthly fee is not refundable. If you are receiving a discount price for paying for 12 months in advance then your fee that you paid when you signed up is not refundable under any circumstances.
2. Student is responsible for finding suitable wholesale deals based on the methods learned during the Distressed Real Estate Boot Camp and on the Online Training Site. Student agrees to follow the system that they learned during the boot camp and the online training webinars and videos.
3. All contracts will be completed by the student and the buyers name will be the property address with the words “land trust” after the property address and the student’s name as trustee. For example, 123 Main Street Land Trust, Jack Smith Trustee.
4. Student will not use any other name for the purchase and sales contract other than the property address and the words land trust and their name as trustee. If you make an offer in your own name or your own company name, we WILL NOT partner with you on your deal NOR WILL WE FUND YOUR DEAL. This is because current regulations prohibit transactional funding if the property is in an individual name. And since we have no interest in your LLC or Corporation, we cannot market your deal to anyone because of current regulations that prohibit us from doing so. For this reason, you MUST make your offers ONLY in the name of a land trust if you want us to partner with you and provide funding.
5. Student is responsible for wiring the deposit to the Title Company BUT SHOULD NOT WIRE THE DEPOSIT UNDER ANY CIRCUMSTANCES UNLESS OUR SUPPORT DESK TELLS YOU TO DO SO IN WRITING. When making your deposit you should submit a wire to the title company ONLY IF WE TELL YOU TO DO SO. IF YOU PUT UP A DEPOSIT BECAUSE THE REALTOR TOLD YOU TOO THEN YOU WILL LOSE YOUR DEPOSIT AND WE WILL NOT BE LIABLE FOR YOUR LOST DEPOSITS. Student will not use personal checks for purposes of the deposit AND WIL WIRE THE DEPOSIT TO THE TITLE COMPANY (WIRE ONLY). The Distressed Real Estate Institute will not assist student with the deposit under any circumstances AND WILL NOT BE RESPONSIBLE FOR STUDENT DEPOSITS THAT ARE FORFEITED, OR LOST OR DISPLACED UNDER ANY CIRCUMSTANCES.
6. A Land Trust will be formed for each property. The Distressed Real Estate Institute will establish the Land Trust and the student will be the trustee of the land trust and be authorized to sign all documents related to the property including purchase and sales contracts and closing documents.
7. If we find a buyer for your property and we are splitting the profit then the Land trust will have the following beneficiaries: Lex Holdings, LLC or one of our companies (50%) and student or student’s company name (50%). The name of the beneficiary is who the check will be made payable to at closing so if you want to be paid in a corporation or LLC that is fine and you can list that as a 50% beneficiary in the land trust which we will provide and create. If you are marketing the property yourself and you find a buyer, then you will be 100% beneficiary of your land trust and we will not receive any profit on the deal whatsoever except for the transactional funding fee which is 2% of the purchase price (outside of Florida) and 1% of the purchase price (in Florida). Transactional funding rates are subject to change at any time.
8. The Student will be the trustee of the land trust and will be authorized to sign all contracts related to the purchase and sale of the property. Student agrees to cooperate with the title company and with the Distressed Real Estate Institute employees and staff regarding all documents that need to be signed etc. Student acknowledges that time is of the essence. Student will submit all documents from the listing agent to the Title Company to the Distressed Real Estate Institute in a timely manner.
9. Student will always elect “buyer selects Title Company and pay for title on all purchase contracts and will use an approved title company that is approved by the Distressed Real Estate Institute. Under no circumstances should you ever agree to use the seller’s title company. Doing so will make your deal fall apart since if we are not familiar with the title company we will not fund your deal. You MUST use one of our approved title companies.
Deal will be marketed and advertised by the Distressed Real Estate Institute staff and associates of the Distressed Real Estate Institute (including wholesalers) and will be advertised via email blasts to our cash buyers and will also be advertised online through various online classified ad web sites, Lex Real Estate System, Craigslist, blogs and house listing sites as well as via social networking sites like Facebook, Instagram, You Tube etc.
10. The Distressed Real Estate Institute will attempt to find a buyer for the student’s property and if successful in finding a buyer will assist in completing a double closing between the original purchase and sale contract (A B closing)) and the purchase and sale contract with new cash buyer (B C closing). There is no guarantee that a buyer will be found, and the Distressed Real Estate Institute does not promise or guarantee that a buyer will be found under any circumstances. For this reason, we recommend that YOU DO NOT PUT UP A DEPOSIT until we tell you to do so.
11. Transactional funding will be provided to help facilitate a successful double close for the amount required to fund the first purchase and sale contract (A B Closing). However, funding will only be provided if one of the Distressed Real Estate Institute’s preferred Title Companies is used for the second BC closing. The reason for this is because we will not wire our personal funds to someone we do not know or have not done business with and there are no exceptions to this policy. Make sure your second closing is at one of our approved title companies if you want us to fund your deal. There is a minimum transactional funding fee regardless of the amount of the first purchase and sales contract (A B closing). Please see transactional funding rate schedule for fees. Transactional funding rates are subject to change and may be increased at any time. Currently the rates are 2% for out of the State of Florida and 1% for in the State of Florida. In the event that you are partnering with us on the deal and we are splitting the profits then we will waive the transactional fee as long as there is sufficient profit in the deal to do so (subject to our discretion).
12. If we are splitting the profits on the deal with you then the Transactional funding fee will be deducted from the net profits on the deal and shared equally. If you are keeping all of the profits because you found a buyer, then you will pay us 100% of the transactional funding fee and you will keep all of the profits from the deal.
13. Transactional funding fees as well as all closing costs are deducted from the gross profit to arrive at a net profit which is then divided equally (50/50) between Lex Holdings, LLC and student. Student may use his/her own money to fund the deal to save the funding fee, or another transactional funding company may be used in the event that we do not fund the transaction (whether we fund a deal or not is subject to our own discretion based on the deal, where it is located, the risks involved and many other factors).
14. We will not fund any transactions where the BC closing is with a title company other than one of our preferred title companies. If your deal is in any State other than Florida, then an outside transactional funding company may be utilized for funding and all funding fees will be split equally with you if we are partnering on the deal or will be paid by you entirely if we are not partnering on the deal.
15. If an outside transactional funding company is used, and we are partnering on the deal then the student and Lex Holdings, LLC shall have the transactional funding fee paid for out of the net profits and the profits will be split equally between Lex Holdings, LLC and student.
16. If the second closing is at any title company other than one of our preferred title companies then we will not provide transactional funding under any circumstances and an outside transactional funding company will be utilized if they agree to fund the transaction (which is not in our control).
17. Lex Holdings, LLC will not provide transactional funding on any deal where Lex Holdings, LLC does not have a beneficial interest in the property (via the land trust) unless the student has disclosed and requested that they are requesting transactional funding only and are not looking to partner on the deal. In this case the end BC closing MUST be at one of our approved title companies. This is why we tell you to use a land trust on your purchases. Please note that not using a land trust will limit your ability to have your deals funded.
18. Student does not have to partner with us on deals and does not have to submit deals to us. Student is free to market their own deals in any way they deem fit but should not give the details of their deal to anyone or have anyone else market their deal for them (including wholesalers) in order to not create a conflict of interest. If student uses our Proof of Funds Letter, then student is required to use our transactional funding.
19. Student also agrees that they are prohibited from assigning beneficial interest in the Land Trust where they are Partnering with us under the terms of the Partnership Program. This does not prohibit you from doing your own deals, marketing your own deals or transacting as a real estate agent in any way. This also does not prohibit you from doing your own fix and flips, rentals etc.
20. The Distressed Real Estate Institute reserves the right to reject any wholesale deal for any reason at any time and will make the final decision as to whether your deal is worth marketing to our cash buyers. Your deal needs to make sense for our cash buyers in order for us to market it to them. It has to be a wholesale deal at a wholesale price which is at a discount to market values or we will not market it.
21. Student agrees that all net profits after closing costs and transactional funding fees will be split 50/50 between Lex Holdings, LLC and student (on deals that are submitted to us where we find the buyer)
22. Profits will be split 50/50 only if the Distressed Real Estate Institute found the buyer. Student retains 100% of the profits on the deal if student finds their own buyers. Student is not obligated in any way to submit their deals to us.
23. Student agrees to pay $97 per month to maintain access to the Partnership Program, Proof of Funds Letter Site and Online Training Site and Customer Support Desk. If student stops paying the $97 per month they will immediately lose access to the Partnership Program, Proof of Funds Letter Site and Online Training Site and Customer Support Desk.
24. Student will not contact or solicit the Distressed Real Estate Institutes students from the boot camp, gather email addresses of students at boot camps, clients, or Distressed Real Estate Institute clients, cash buyers with a prior relationship with the Distressed Real Estate Institute or other wholesalers, realtors or investors who have an existing relationship with us without written permission from the Distressed Real Estate Institute.
25. If you want to market the deal yourself to your own buyers and you want us to market your deal as well then please let us know so that your price and our price matches for marketing purposes. Student is free to market their own deals to their own buyers and will retain 100% of the profit if the student finds a buyer. In this event the land trust will list the student as 100% beneficiary and the Distressed Real Estate Institute will simply earn a transactional funding fee. The only prohibition is not giving your deals to other wholesalers to market since this creates a conflict of interest with us.
26. Student will not solicit the Distressed Real Estate Institute’s students and Distressed Real Estate Boot Camp attendees for partnership, wholesaling, deal splitting etc. without the express written consent of the Distressed Real Estate Institute.
27. Student agrees that they will notify the Distressed Real Estate Institute if they get any offers accepted. Student will not enter into partnership with anyone else (for wholesaling) or put any properties under contract (for wholesaling) with anyone else other than in the manner described above and will also not partner with anyone else (for wholesaling) without express written permission from the Distressed Real Estate Institute. Please note that this does not prevent you from marketing your own deals, buying properties to fix and flip or rental properties and is only applicable to wholesaling meaning don’t use our proof of funds letter, our training and then give it to someone else like another wholesaler to market for you. It’s pretty logical if you think about it. Either market it yourself or have us market it for you (or both). If you want to submit it to a wholesaler to market, then please review with us prior to doing so and have written permission from us to do so prior to giving it to anyone to market in order to not create a conflict of interest.
28. Lex Holdings, LLC will not put up any cash for fixing and flipping, rental properties etc. and the Partnership Program is specifically for wholesaling only. Lex is NOT offering hard money under any circumstances anywhere in this agreement and the only funding that is offered by us is transactional funding which will be provided for deals that are wholesaled and double closed to an end buyer on the same day. IT MUST BE ON THE SAME DAY. Deals that are outside of the state of Florida may be funded by outside transactional funding companies (subject to our discretion) and their rates will apply and there is no guarantee of them agreeing to fund a transaction which means you should NOT PUT UP A DEPOSIT UNTIL YOU ARE SURE YOU HAVE IT SOLD AND FUNDED.
29. Student acknowledges that the only method of partnering with the Distressed Real Estate Institute during the Partnership Program is for the purposes of wholesaling deals and the Distressed Real Estate Institute will not partner on any fix and flip or rental projects nor is the Distressed Real Estate Institute agreeing to offer or solicit any types of loans including private loans or hard money loans. All transactional funds are using Lex’s personal funds and naturally subject to Lex’s discretion (on a deal by deal basis).
30. Student is signing up for the Partnership Program specifically for the purpose of wholesaling and learning how to wholesale in partnership with the Distressed Real Estate Institute.
31. It is the goal and intention of the Partnership Program to teach the student how to wholesale and how to successfully wholesale deals jointly with the student and split all profits 50/50. It is the hope that the student will learn how to find their own cash buyers, build their cash buyers list and begin to market deals themselves. In other words, we want you to be successful.
32. Student agrees to be photographed, recorded and videotaped for the purposes of testimonials and marketing materials for our web site and all photos, videos, audios from live events and boot camps will be used for this purpose and student hereby agrees and consents to this. These photos, videos, audios and testimonials will be used on various web sites, and company promotional materials belonging to the Distressed Real Estate Institute, its owners, partners or other entities related to the Distressed Real Estate Institute. Student is prohibited from saying anything negative about Lex Levinrad or the Distressed Real Estate Institute or any the Distressed Real Estate Institute coaches, staff or associates or any other real estate training programs to anyone either in public or private and will not speak negatively about our program (or any other programs) anywhere including on the internet, in online real estate chat rooms, videos, radio, forums and all other mediums that are not listed here including any online chat or site, or blog, or anywhere online or offline including any not listed above.
33. Student agrees that all information gained during private discussions with the Distressed Real Estate Institute and it’s staff and support desk will remain private and confidential and will not be shared with anyone or forwarded to anyone under any circumstances. This includes all information obtained during email communication, phone calls, webinars, meetings events, training programs, online training site and boot camps. Do not forward any emails from our support desk to anyone and do not print or let anyone other than yourself see our email responses to you. If you are no longer a member of our site then you are required to delete all email corresponded with us.
34. Student will not share any information or material learned from the Partnership Program with anyone else and is prohibited from selling any of the training materials anywhere (including anywhere online on Craigslist, Ebay, or any online classified site), teaching other individuals the material, repackaging the material in print audio or video format, recording the material or profiting from the information learned during the Partnership Program without the express written consent of the Distressed Real Estate Institute. Any student that tries to redistribute, repackage or copy/teach our material will be prosecuted to the fullest extent of the law and we will defend our copyright and our material to the fullest extent of the law. In other words, you will be sued.
35. Student understands that all information obtained and learned from the Partnership Program is proprietary, confidential and not to be discussed, shared or distributed with anyone else. In the event that information is shared about our program or a deal which results in monetary damages, student will incur the legal expense of defending themselves and will pay all legal fees that the Distressed Real Estate Institute incurs protecting their copyright. In the event of legal action the laws of Florida will prevail and the case will be arbitrated in Florida by an arbitrator selected by the Distressed Real Estate Institute but the Distressed Real Estate Institute reserves the right to unlimited punitive damages due to the fact that the business may be irreparably harmed.
36. All material is copyright protected by Lex Levinrad and the Distressed Real Estate Institute™. Student agrees not to share access to any internal web sites that the Distressed Real Estate Institute provides including proof of funds letters, online training web sites, webinars, web sites used for making offers, web sites for searching for properties, forms and any other websites or software programs that are given to the student during the Partnership Program, Partnership Program Training or on the online training site either verbally or in written form, email or audio. In the event that student does share this information and damages occur via the sharing of this information student will incur all legal costs for the Distressed Real Estate Institute.
38. The Distressed Real Estate Institute and Distressed Real Estate Institute makes no promises either verbally or otherwise as to how much money student can make, or if they will be successful finding wholesale deals. Testimonials of success from other students do not necessarily mean that student will meet with the same success as past students. Others students’ success does not mean that you will be successful.
39. It is recommended that the student get access to real time comparable sales data our comparable sales service that we utilize. There is a fee for using this service. The Distressed Real Estate Institute will not use other systems for purposes of comparable sales data and will only use the comparable sales system that Lex teaches and that is used with all our coaches, staff and students. We do offer a package where you can get access to 10 comparable sales comps for $40 or 40 comparable sales comps for $100 without having to sign up for a monthly subscription. Prices for comparable sales can increase at any time.
40. Student understands that student is more likely to be successful wholesaling if they commit substantial time and effort to finding wholesale real estate deals using the methods and systems that are taught at the Distressed Real Estate Boot Camp and in the Partnership Program Training. Student acknowledges that the Distressed Real Estate Institute recommends a minimum of at least 5 offers per day (20 per week) in order to have a higher likelihood of having your offers being accepted. It does not take long to make an offer and Lex teaches you how to do this at the boot camps and on the online training site. But you do need to make offers. You can’ flip houses if you don’t have any houses to flip. And the way you get houses is by making offers. An alternative method to mailing offers is to mail out at least 1,000 mail pieces a month to motivated sellers. Student acknowledges that they will not get houses under contract or deals accepted if they are not marketing for deals or making offers online or with agents. Making an offer is free. Make offers.
43. Student will be responsible for finding wholesale deals. The Distressed Real Estate Institute is not responsible for finding deals for the student under any circumstances. Student should not expect the Distressed Real Estate Institute to find deals for them or to walk them through analyzing the pros and cons of a deal that is not yet under contract. We do this with our coaching students ONLY.
44. In the event that student asks for advice from support staff regarding a deal student acknowledges that support staff and all Distressed Real Estate Institute employees will not be held liable for anything at all related to your offers including offers not made or forfeited, deposits lost, deals missed etc. Under no circumstances will the Distressed Real Estate Institute Staff be held liable for anything related to any guidance given via email or over the phone or in person. Please note that all phone calls are recorded and saved for this reason. It is highly encouraged and recommended that the student attend the Wholesaling Distressed Real Estate Boot Camp and all of the online training’s provided to student on the online training site in order to have a greater likelihood of success.
45. It is not the responsibility of the Distressed Real Estate Institute staff to “walk you” through your first deal and any guidance given shall be construed as simply guidance and suggestions and should not be considered as legal, tax, or financial advice and the student expressly acknowledges and understand that Distressed Real Estate Institute staff will not be held liable for support given and that Lex Levinrad and the Distressed Real Estate Institute will not be held liable for any advice or support given by any Distressed Real Estate Institute staff, employees or coaches. Please consult with your attorney, CPA or financial advisor for legal, tax or financial advice. Our support desk is not qualified nor authorized to give any advice and any suggestions they give you should under no circumstances be construed as legal, tax, or financial advice.
46. Student will not share the details of any property under contract or any property that they are considering putting under contract with anyone other than the Distressed Real Estate Institute and or Lex Levinrad and or his staff. Student will not divulge prices paid, contract purchase prices, prices sold or any other information about the transaction (especially to other wholesalers) in order to make sure that there is no conflict of interest. All information is considered private and confidential until the transaction has funded and closed and is only to be discussed between the Distressed Real Estate Institute staff and or the Distressed Real Estate Institute and student.
47. In the event that property is not wholesaled to an end buyer before the termination of the inspection period then the student will be responsible for cancelling the purchase contract in writing before the end of the expiration period (usually by day 5). Student should not make offers on any properties where there is no inspection period. Student should not bid on properties online on auction sites like Auction.com, Hubzu.com and Xome.com and any other auction sites if there is no inspection period unless student is willing to lose their deposit. Student SHOULD NEVER EVER BID ON A FORECLOSURE AUCTION AT THE COUNTY COURT HOUSE. We recommend that you stay away from that and we do not teach that.
48. The student will need written confirmation that their purchase contract has been cancelled prior to the end of the expiration period from the agent. If you don’t have written agreement from the real estate agent or seller that they have cancelled your deal, then you may lose your deposit. Once you cancel a deal, student revokes all rights to that specific property and the realtor that gave them that property since other students, the Distressed Real Estate Institute staff, our acquisitions department or other wholesalers and or associates of the Distressed Real Estate Institute might put the same property under contract. Student acknowledges that once they cancel a contract they revoke all future rights to profits from that property and any deals from that realtor or real estate agent. You don’t have “rights” on that agent or that deal. All deals are publicly available and advertised on the MLS so just because you once had it under contract does not mean it is your deal if you have cancelled it.
49. Student will not hold Lex Levinrad or the Distressed Real Estate Institute responsible for deposits that are not returned to student under any circumstances. Lex Levinrad and or the Distressed Real Estate Institute will also not be liable for any actions taken by any title companies, or any other third parties that are not directly owned by the Distressed Real Estate Institute. The Distressed Real Estate Institute is not affiliated with any one specific title company and does not warrant or represent that they own or are affiliated with any one title company. When we sWe have no ownership interest in any title company. We simply “prefer” to do business with title companies where we have an established relationship (especially if we have to wire our own money to fund deals). Lex Levinrad and the Distressed Real Estate Institute will not be responsible for the actions of third parties like loss of deposits or other actions from title companies under any circumstances (including our preferred title companies).
50. Student is responsible for cancelling their contract prior to the end of the expiration period. The Distressed Real Estate Institute will not be responsible for deposits that are forfeited if student fails to cancel their contract within the inspection period. It is NOT the responsibility of Lex Levinrad or the Distressed Real Estate Institute staff to remind the student to cancel their contract. All cancellations must be in writing and signed by the seller and returned in writing to the student prior to the end of the inspection period. Verbal cancellations are not valid or binding and all cancellations should be in writing or you will LOSE YOUR DEPOSIT. for this reason we recommend not putting up a deposit unless we tell you to do so and you have an end buyer in place.
51. It is recommended that student never deposit an escrow deposit of more than $1,000 deposit on any property EVER. There are no exceptions to this. Please keep in mind that any deposits you place with a title company may be at risk and by placing a deposit with a title company, attorney or seller you are acknowledging that there is a risk that you may not get your deposit back and may lose your deposit. We will not be held liable for your lost deposit under any circumstances. For this reason, it is prudent and necessary and recommended for the student to not put up a deposit at all until there is an end buyer in place.
52. We recommend that the student not deposit their deposit in escrow until we have found a buyer and instructed the student to do so in order to have less risk of the student losing their deposit. We will instruct you in writing if you need to put up your deposit. If you do, then your deposit is not our responsibility or our liability. The liability of the deposit is yours 100% and you accept this liability when you put any deposit in escrow. Under no circumstances will we be responsible for your lost deposits.
53. The Distressed Real Estate Institute will not assist student with their deposit under any circumstances. This is the responsibility of the student regardless of how many properties the student has under contract.
54. In the event that student decides to sign a contract with a deposit amount greater than $1,000 student acknowledges that they are violating the advice of Lex Levinrad and the Distressed Real Estate Institute and will agree to hold Lex Levinrad and the Distressed Real Estate Institute harmless for any lost deposits. Please note that some entities like Fannie Mae will require 10% deposit which is an exception to this rule. We do not recommend that you bid on properties with higher deposits until you have closed at least 5 deals. If student’s funds are limited then do not make offers on properties requiring large deposits (like Fannie Mae) and understand that larger deposits means larger risks.
55. Student acknowledges that it is recommended that they have the financial ability to place deposits of at least $1,000 on at least 3 different properties at the same time (total of $3,000) and are not relying on this deposit money for paying bills or any other purposes or borrowing this deposit money from anywhere else or anyone and are not using debt like credit cards to finance their deposits and are using cash that they have available for purposes of making deposits.
56. Student acknowledges that they are in a financially sound situation where their month to month bills are being paid on time and that they have adequate financial resources to commit to the Partnership Program and the monthly membership fee and adequate time of at least an hour or two per day to look for deals and make offers. If you are desperate to make money, then please get a job and do not rely on this program to be your ticket to making fast money (there is no such thing)
57. Student also acknowledges that the cost of the Partnership Program will not be a burden to them financially and that they can afford to spend the money for training and that they are not borrowing the funds for the Partnership Program or borrowing money for the deposits on properties.
58. The Distressed Real Estate Institute will be responsible for finding buyers for wholesale deals that student finds. Student is free to find their own buyers but will not submit their deals to other wholesalers without written permission from the Distressed Real Estate Institute.
59. Lex Levinrad and or the Distressed Real Estate Institute staff will coordinate with the title companies and facilitate double closings as long as you use one of our approved title companies. We will not fund your deal if you do not use one of our approved title companies.
60. The ultimate decision to fund a deal will be at the discretion of Lex Levinrad and or the Distressed Real Estate Institute and will be based on the specifics of the deal. If there are any outstanding liens, title defects or any other concerns about the property then Lex Holdings, LLC will not fund the deal. Whether or not your deposit is up and is nonrefundable will have no bearing on this decision. Additionally, Lex Holdings, LLC will only fund the deal when the second closing (B C closing) is at one of our preferred title companies.
61. If an outside transactional funding company is utilized then the transactional funding fee that this outside company charges will be deducted from the gross profit and split evenly between student and Lex Holdings, LLC. In the event that any other title company is used other than one of our preferred title companies then Lex Holdings, LLC will NOT provide transactional funding and an outside transactional funding company will be retained for the purpose of funding the deal. There is no guarantee that an outside title company will be secured which means you may LOSE YOUR DEPOSIT. Use one of our approved title companies for your second closing. The Distressed Real Estate Institute does not warrant that a third party transactional funding company will fund the deal and makes no promises or guarantees that a funding source will be available.
62. At no time will student circumvent this agreement by trying to sell a deal through any other wholesaler or anyone else other than Lex Levinrad and or the Distressed Real Estate Institute staff. Marketing and trying to sell a wholesale deal via email, online or via any other means through other wholesalers will be considered a violation of this agreement and will be grounds for terminating the student from the Partnership Program. The reason for this is quite logical. You submit a deal to us, we market it and we find a buyer. You show up at a monthly meeting and place a flyer on a table and another buyer wants the same deal. Now we have a mess. We avoid this mess by putting this stipulation in our agreement. If you market your deal then it must be at the same price as we market it in order for there to be no confusion. And if you sell it we need to know. If you cancel it we need to know. And if you give your deal to another wholesaler you create a conflict of interest.
63. No refunds will be issued to students that are terminated for violating any terms of this agreement. If you violate anything in this agreement we will cancel your membership to our training program. If we choose to cancel your membership in our program, then we will cancel your monthly membership fee and revoke all access to our sites and our support desk. However, we will not under any circumstances refund you the fee you paid when you signed up.
64. Student will at all times be respectful of Lex Levinrad and his staff and will always conduct themselves in a professional manner when interacting with the Distressed Real Estate Institute staff, support desk and or the Distressed Real Estate Institute coaches, associates and title companies. If student yells at staff, swears, or speaks inappropriately to our support staff then student will be terminated immediately from our program. If student keeps calling instead of submitting email support tickets then they will be terminated from our program.
65. If any of the above terms of this agreement are violated by the student, then the relationship between the Distressed Real Estate Institute and student will immediately be terminated, the monthly membership fee will be cancelled and no refunds will be issued for past billings or the fee that student paid to sign up for our program.
66. Student acknowledges that the purpose of the Partnership Program is to find and partner on wholesale deals that will be resold to cash investors in partnership with the Distressed Real Estate Institute. The purpose of the Partnership Program is NOT to do rehabs with the Distressed Real Estate Institute and we will NOT PARTNER WITH YOU on any fix and flip projects or on any rental properties.
67. Transactional funding is NOT hard money and we are not representing that we will loan you any hard money on any deals at any time.
68. The Student should consider that wholesaling is the preferred method that will be taught at the Distressed Real Estate Boot Camp and Partnership Program Training before entering into the Partnership Program. Students that want to fix and flip properties are encouraged to attend the Fixing and Flipping Houses boot camp (which is not the same as the Distressed Real Estate Boot Camp which teaches wholesaling). Presently if you are a paid member of our program you receive access to both boot camps.
69. Student agrees to hold Lex Levinrad, the Distressed Real Estate Institute and all coaches, students, affiliates and employees of the Distressed Real Estate Institute harmless for any acts that might result out of student’s activities in real estate, buying and selling properties, making offers or otherwise both during and after the termination of the Partnership Program. Student agrees that the Partnership Program fee that they paid when they signed up is not refundable since the cost of the materials and the Distressed Real Estate Institute’s time including support both during and after the Partnership Program sessions cannot be recovered. There are no exceptions to this under any circumstances.
70.This Partnership Program agreement and its contents are private and confidential and shall not be shared with or discussed with anyone other than Lex Levinrad, the Distressed Real Estate Institute or employees or associates of the Distressed Real Estate Institute.
I ACKNOWLEDGE THAT THERE IS NO REFUND FOR THE FEE THAT I PAID TO SIGN UP FOR THE PARTNERSHIP PROGRAM UNDER ANY CIRCUMSTANCES