Terms of Service

This web page represents a legal document and is the Terms of Service (Agreement) for our website, www.TaxLienTraining.com (Website), as owned and operated by Tax Lien Training, Inc. (TLT).  It was last updated on March 22, 2011.  By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.  Please review the following terms carefully.

Definitions

The terms “us” or “we” or “our” refers to TLT, the owner of this Website.
A “Member” is someone who has registered with our Website to use our Service.
“Service” refers to the service we provide through our Website to our Members.
“Products” refer to any products we may sell through our Website to our Members.
A “Visitor” is someone who browses our Website, but hasn’t become a Member.
A “User” is a collective identifier that refers to either a Visitor or a Member.

 

All text, information, graphics, audio, video, and data offered through our Website, whether originating from us or from our Users, are collectively known as our “Content”.  We may also refer to any Content uploaded by our Members to their respective Profiles as “Member Content”.

Our Service

TLT offers an online and practical professional training service (Service) for purchasing tax-encumbered properties.  Our Terms of Service governs your use of our Website, our Service, and the purchase of any Products we may sell through our Website.   For certain practical portions of our Service, you may be required to sign or agree to other legal documents as needed to provide these portions of our Service.

Acceptance of Agreement
This Agreement is between you and TLT and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

This Agreement constitutes the entire and only Agreement between you and TLT, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Content, Service, and the subject matter contained herein.  As stated, in order for you to use our Service, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.  We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it.  If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Service.

Limited License

TLT grants you a non-exclusive, non-transferable, revocable license to access and use our Website, Content, and Service strictly in accordance with this Agreement.  Your use of our Website and Service are solely for the purposes as provided in this Agreement.  No print out or electronic version of any part of our Website, Content, or Service may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, and Service provided therein.

Our Relationship to You

TLT relationship to you is at all times that of an independent contractor.  This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and TLT.

Eligibility and Registration for Membership

You may view some of our Content without becoming a Member of our Website.  However, to use our Service, you must register with our Website and become a Member.  Your membership is not transferable or assignable and is void where prohibited.  You may only register for one account with our Service.  Our Service is intended solely for people at least age 18 years of age or older, depending on your state’s age of majority for entering into binding contracts.  Any attempt to create multiple account registrations or registration by anyone under 18, is unauthorized, unlicensed and in violation of this Terms of Service.  By using our Service, you represent and warrant that you have not registered with our Service already, that you are at least 18 or older, that you can enter into binding contracts, and that you agree to and to abide by all of the terms and conditions of this Agreement.  TLT has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will choose a password that will allow you to access our Service. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. You agree that TLT cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships.  Advertisers and sponsors (collectively, Affiliates) are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials. THE INCLUSION OF AFFILIATES’ ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY TLT AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Advice Disclaimer

You hereby acknowledge that nothing contained in our Website, Content, Or Service shall constitute a warranty or guarantee with regards to advice provided by Member, Affiliates, or TLT.  You hereby acknowledge that we use best efforts to provide you with accurate information, but many factors, including, but not limited to, changes in laws, government rules, and regulations, make any such guarantee or warranty impossible.  You hereby acknowledge that no professional relationship of any kind is created between you, TLT, or our Members and Affiliates.  Our Website is for entertainment and informational purposes ONLY.  You hereby acknowledge that there are inherent risks in real estate purchasing and that any actions you take, including, but not limited to, traveling to auctions for training purposes or actually attempting real estate purchases, based in whole or in part on anything contained in our Website, Content, or Service, are solely your responsibility and that TLT, our Members, and our Affiliates have no liability for your actions or reliance upon our Website, Content, or Service.

Member Conduct

Members may post their own Member Content to our Website through our Service. Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. TLT is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, TLT will submit all necessary information to the proper authorities.

If any Member Content is reported to TLT as being offensive or appropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by TLT.  Should the Member fail to meet such a request, TLT has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.  Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Members are responsible for complying with all applicable laws for their content, including copyright and trademark laws. Members shall always respect copyright and trademark laws. You warrant that you will not use our Service to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Service to do any of the following:

1) Upload, post or otherwise transmit any Member Content that:

  • violates any local, state, federal, or international laws.
  • infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
  • links directly or indirectly to any materials to which you do not have a right to link.
  • contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
  • 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, or to extract information from our Website or Service.
  • contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
  • in the sole judgment of TLT, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Service, or which may expose TLT, our affiliates, or our Users to any harm or liability of any type.

2) Use our Content to:

  • develop a competing website or help anyone else to do the same.
  • create compilations or derivative works as defined under United States copyright laws.
  • re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  • decompile, disassemble or reverse engineer our Website, Service, and any related software.
  • use our Website or Service in any manner that violates this Agreement or any local, state, federal, or international laws.

3) Use your Member account to:

  • allow another person access to your account.
  • violate any local, state, federal, or international laws.

Payments

You represent and warrant that when you make a payment to TLT as part of purchasing our Products that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Payment Charge-Backs

While we actively support fighting payment fraud, TLT has a zero-tolerance policy regarding payment charge-backs and ask that you contact us if you have an issue with our Products.  However, if you start a charge-back process regarding our Products, TLT reserves the right to immediately terminate your account.  Your account and the payment information you provided will be blacklisted in our systems.  Should we do this, you will never again be able to use that account and payment information withus and you will be liable to us for administrative costs in processing the charge-back.

Refund Policy

We do not offer refunds for our Service or our Products.

Termination of Your Account

You understand and agree that if you do not login to our Website at least every one hundred eighty (180) days, TLT reserves the right to automatically terminate your account without notice to you.  Also, if you violate the terms of this Agreement, we reserve the right to terminate your account.  You may also voluntarily terminate your account.  You understand that if your account is terminated, you will lose access to all of your Member Content and that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos.  Your use of our Website, Content, Service, or Products does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of TLT.

Our Content, as found within our Website and Service, is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited.  Your use of our Website, Service, or Products does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on our Website;

Your address, telephone number, and email address;

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; and

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.

We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Content Disclaimer

The opinions expressed on our Website are not necessarily the opinions of TLT.  The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website.  Members are responsible for their own content, where applicable, and may update their Member Content at any time without notice and at their sole discretion.  We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors.  We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.  We may make changes to our Website, Content, or Service at any time.  We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website, Content, or Service.

Warranty Disclaimer

TLT is not responsible or liable in any manner for any Content posted on our Website or in connection with our Service, whether posted or caused by Members of our Website, or by TLT.  Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Service, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on our Website, Service, or Product.  TLT is not responsible for the conduct, whether online or offline, of any user of our Website or Service.

Our Website or Service may be temporarily unavailable from time to time for maintenance or other reasons.  TLT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.  TLT is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Service, including without limitation any software provide through our Website or Service. Under no circumstances will TLT be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, Content, Service, or Products, or for any interactions between Users of our Website or Service, whether online or offline.

TLT reserves the right to change any and all Content, software and other items used or contained in our Website or Service, at any time without notice. Reference to any products, service, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Service.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE, SERVICE, AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  TLT, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, SERVICE, AND PRODUCTS.  TLT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, SERVICE, AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE.  TLT DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICE, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICE, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE, SERVICE, AND PRODUCTS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.  WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TLT.  OUR WEBSITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, SERVICE, AND PRODUCTS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

TLT, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, Content, Service, or Products; (b) the unavailability or interruption of our Website or Service; (c) your use of our Website, Content, Service or Products; or (d) any delay or failure in performance of our Website and Service.

IN NO EVENT WILL TLT OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICE, OR PRODUCTS, EVEN IF TLT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE PURCHASE GIVING RISE TO THE LIABILITY.

Use of Information and Member Content

We reserve the right, and you authorize us, to the use and assignment of all of your information and Member Content uploaded to our Website and/or Service in any manner consistent with our Privacy Policy.  All remarks, suggestions, ideas, graphics, Member Content, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property.  To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant TLT a perpetual, irrevocable, royalty-free, world-wide license to use such Submission as we see fit, in any form whether on our Website, printed media, or elsewhere.  We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of this Agreement.  You must review this Privacy Policy by clicking on this link.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you.  By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites.  Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content and/or data of such third party websites.  TLT has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Indemnification

You agree to indemnify, defend and hold TLT and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website, Service, or Products.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement, our Website, Service, or Products, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the International Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in                                                                             Calgary, Alberta, Canada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the Province of Alberta, United States, necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs.

General Terms

This Agreement shall be treated as though it were executed and performed in Calgary, Alberta, Canada, and shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to conflict of law principles.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to our Website, Service, or Products, must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.