FORM TRAINERS® TERMS OF USE
By signing up for a Form Trainers® membership you acknowledge and agree to the following Terms of Use:
1. Your user name(s) and password(s) must not be distributed to others. This will result in immediate termination of service.
2. Form Trainers® has the right to refuse membership or cancel membership at any time for any reason. Your membership fees are non-refundable.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Form Trainers® service, use of the service, or access to the service. The material on the service is for the private, non-commercial enjoyment of members only. Any other use is prohibited.
4. Form Trainers® currently provides legal information and training on real estate purchase and sale transactions and tax, financial, marketing, and investment considerations associated therewith. Legal information, however, is not the same as legal advice. Unlike the legal information contained in Form Trainers®, legal advice is the application of law to an individual's specific circumstances. At no time does Form Trainers® provide advice or apply the law to the facts of your particular situation. Although Form Trainers® attempts to make sure the information contained in the service is accurate and useful, it recommends you consult with your broker and/or a lawyer if you want professional assurance that the information contained in the service, and your interpretation of it, is appropriate to your particular situation.
Form Trainers® is not a law firm, and the agents and employees of Form Trainers® are not acting as your attorney. Form Trainers® does not practice law and does not give legal advice. By using the service, no attorney-client relationship will be created with Form Trainers®.
The legal information contained in the service is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, Form Trainers® cannot guarantee that all the information in the service is completely current. The law is different from jurisdiction to jurisdiction, and is also subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Form Trainers® provides can fit every circumstance. Therefore, if you need legal advice for your particular situation, or if your specific problem is too complex to be addressed by the service, you should consult a licensed attorney in your area. The inclusion of links on this site does not constitute any endorsement by Form Trainers® whatsoever.
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
Form Trainers® DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Form Trainers® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD/ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Form Trainers® contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that Form Trainers® sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
Framing of the Form Trainers'® site by another site is prohibited.
5. As a Form Trainers® member, you will be billed for a membership in accordance with Form Trainers'® membership fee. Your credit card will be automatically billed the fee until you contact us by telephone to cancel your membership. You may decide to cancel at any time, but charges will not be prorated; you must cancel before your billing date in order to avoid a charge for the following membership period. If your billing date falls on a weekend or legal U.S. holiday, it is your responsibility to call on a weekday prior to your billing date. Your billing date reflects the date your membership at Form Trainers® was initiated. If you forget your billing date, you may call customer service and we will be glad to provide it to you. You may cancel your membership to Form Trainers® for any reason. Please call our toll-free number at (888) 457-5450 between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard Time, Monday through Friday (excluding holidays), and speak with one of our customer service representatives to tell us you no longer wish to be charged for the service. Form Trainers® reserves the right to change the membership fees at any time. Until you terminate your membership, you authorize our billing company to charge your credit card (or other approved facility or mechanism) for the ongoing subscription fee.
6. Please inform Form Trainers® of any of the following changes in your credit card or debit account: Change in home or billing address or other contact information; card loss or theft or unauthorized usage of the card; or apparent breach of security of username or password, such that unauthorized access to the Form Trainers® service via the card is possible. Unless you give proper notice to Form Trainers® of any such event, you agree to pay all charges for unauthorized use of the service. In addition, Form Trainers® shall not be responsible for any bank overdraft fees, charges for exceeding credit limits, or any other fees or charges that may be imposed by your bank or credit card company. If your credit or debit card is declined for any reason, you will be sent an invoice for the amount due, and you agree to pay that invoice.
7. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Form Trainers® BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF Form Trainers® OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Form Trainers'® TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
8. You, and not Form Trainers®, are entirely responsible for all content that you upload, post, email or otherwise transmit via Form Trainers®. The information on Form Trainers® is provided by Form Trainers®, various users of the service and outside parties and Form Trainers® does not guarantee the accuracy, integrity, or quality of such information.
You agree to not use the Form Trainers® service to:
(a) impersonate any person or entity, including, but not limited to, another individual in search of a legal position;
(b) upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, publicity, privacy or other rights of any party;
(d) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the service that are designated for such purpose;
(e) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or
(g) collect or store personal data about other users.
You acknowledge and agree that Form Trainers® may preserve your personal information and may also disclose this personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that any of this personal information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Form Trainers®, its users and the public.
9. Form Trainers® neither endorses nor is responsible for the accuracy or reliability of any opinion or statement made on Form Trainers®. Under no circumstances will Form Trainers® be liable for any damage caused by reliance on information obtained through Form Trainers®. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of any information opinion, advice or other information available through Form Trainers®. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion other content.
10. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Form Trainers®, use of Form Trainers®, or access to Form Trainers®.
12. You acknowledge that Form Trainers® may establish general practices and limits concerning use of Form Trainers®, including without limitation the maximum number of days that information pertaining to you or other uploaded content will be retained by Form Trainers®, the maximum disk space that will be allotted on Form Trainers'® servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that Form Trainers® has no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the service.
13. Notices to you may be made via either email or regular mail. Form Trainers® may also provide notices of changes to Form Trainers® or other matters by displaying notices or links to notices to you generally on Form Trainers®.
14. Form Trainers®, the Form Trainers® logo, trademarks and service marks, and other Form Trainers® logos and product and service names are trademarks of Form Trainers LLC (the " Form Trainers® Marks"). Without Form Trainers'® prior written permission, you agree not to display or use in any manner, the Form Trainers® Marks.
Form Trainers® respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Form Trainers® with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Form Trainers'® agent for notice of claims of copyright infringement on its site can be reached by mail as follows:
Form Trainers® Copyright Agent
26933 Camino de Estrella, Suite B
Capistrano Beach, CA 92624
15. Form Trainers® may be used only for lawful purposes. As one of the conditions of your use of Form Trainers®, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) Form Trainers® for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). It is solely your responsibility to ensure that your use of Form Trainers® complies with these Terms of Use and to seek prior written consent from Form Trainers® for any uses not permitted or not expressly specified herein. Form Trainers® specifically prohibits any use of this site, and you hereby agree not to use this site, for any of the following:
(a) posting any material that is not entirely your own or for which you do not have full rights to use;
(b) posting, advertising, or otherwise promoting any franchise, "pyramid" scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity that requires an up-front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
(c) deleting or otherwise revising any material posted by any other person;
(d) using any device, software, or routine to interfere (or attempt to interfere) with the proper working of Form Trainers® or any activity being conducted on this site;
(e) taking any action that imposes an unreasonable or disproportionately large load on Form Trainers'® infrastructure, including without limitation "flooding," "spamming," "mailbombing," or "crashing" the site;
(f) notwithstanding anything to the contrary contained herein, using (or attempting to use) any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search Form Trainers® other than the search engine and search agents available from Form Trainers® on the site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.);
(g) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(h) probing, scanning, or testing the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(i) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(j) if you have a password, allowing any other person to access a non-public area of this site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose; and
(k) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this site.
16. You hereby warrant and represent that you are at least eighteen (18) years of age (21 in some jurisdictions) and have the legal capacity to enter into agreements of this nature. Form Trainers® makes no representation or warranty that the content published on this site complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. You further represent and warrant that you understand the nature of the content published on this site, and that you voluntarily and knowingly choose to view such material. Should you be unable to affirmatively make the representations and warranties contained herein, do not subscribe to this service.
17. This constitutes the entire agreement between you and Form Trainers® and governs your use of the service, superseding any prior agreements between you and Form Trainers®. You also may be subject to additional Terms of Use that may apply when you use affiliate services, third-party content or third-party software. You agree that any and all disputes, controversies or claims arising under or in any way related to your relationship with Form Trainers®, including fraud in the inducement, or relating to the general validity or enforceability of any of the provisions hereof, shall be submitted to final and binding arbitration in San Diego County, California under the auspices and rules of the American Arbitration Association. Furthermore, the relationship between you and Form Trainers® shall be governed by the laws of the State of California without regard to its conflict of law provisions. If, however, a dispute arises that is required to be adjudicated in court, you and Form Trainers® agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Diego, California.
18. Form Trainers® may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use Formtrainers.com after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.
The failure of Form Trainers® to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Form Trainers® or the Terms of Use that you may have must be filed within one (1) year after such claim or cause of action arose or be forever barred.