1. I understand and agree that neither BRRRRinvest.com nor its owners or representatives constitute a law firm nor an attorney, may not perform services performed by an attorney, and its forms or templates are not a substitute for the advice or services of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with any of the foregoing. By agreeing to use the products and services of the foregoing I expressly agree that no attorney-client relationship or privilege is created as a result thereof and I hereby expressly waive any claims to the contrary.
2. If, prior to my purchase, I believe that any of BRRRRinvest.com or its owners or representatives gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
4. I UNDERSTAND THAT THE ANY REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT, WHERE APPLICABLE, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
5. Accuracy of Information and Third-Party Consent. To the best of my knowledge, I have provided accurate information to BRRRRinvest.com and its owners and representatives and have obtained all third-party consents required for my order.
6. Electronic Records and Signatures. I give BRRRRinvest.com consent to affix my electronic signature where required to file my documents. I understand I may withdraw my consent, provided my documents have not already been filed, by contacting [email protected].
7. Non-English-Speaking Customers. I understand that certain materials on the BRRRRinvest.com site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
8. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD BRRRRINVEST.COM AND BERRACO CAPITAL LLC, SERIES 3 AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF SUCH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ANY OF THE FOREGOING, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
10. Additional Terms. I understand that my purchase may be subject to additional terms and conditions. If applicable, I acknowledge that I have read and agree to the supplemental terms, which are incorporated herein by reference.
12. Future Products and Services. If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
13. Suspended Accounts. If Berraco Capital LLC, Series 3 encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that Berraco Capital LLC, Series 3, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that Berraco Capital LLC, Series 3 disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside Berraco Capital LLC, Series 3, including me or any authorized contact, until the investigation is complete. Additionally, I understand that Berraco Capital LLC, Series 3, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that Berraco Capital LLC, Series 3 will not be liable for any delays caused by these policies and procedures.
(a) Default. If my credit card is declined Berraco Capital LLC, Series 3 may make multiple attempts to bill that card. If I remain in default on the second payment when the third payment is due, I authorize Berraco Capital LLC, Series 3 to charge both the second and third payment amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that Berraco Capital LLC, Series 3 may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that Berraco Capital LLC, Series 3 may restrict my ability to purchase other Berraco Capital LLC, Series 3 products if I am delinquent on any payment or limit my access to previously purchased products. I understand that Berraco Capital LLC, Series 3 may make efforts to collect a delinquent payment. I understand that if I believe Berraco Capital LLC, Series 3 has reported inaccurate information to a consumer reporting agency, I may contact Berraco Capital LLC, Series 3 at [email protected] and Berraco Capital LLC, Series 3 will investigate the matter. I understand that Berraco Capital LLC, Series 3 may accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
(b) Notice of Automatic Billing. Berraco Capital LLC, Series 3 may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and Berraco Capital LLC, Series 3 is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of Berraco Capital LLC, Series 3 to send the email does not create any liability on the part of Berraco Capital LLC, Series 3 or any third-party service provider.
(c) Disputed Charges. I understand that if I dispute a charge to my credit card, I should contact Berraco Capital LLC, Series 3 at [email protected] and Berraco Capital LLC, Series 3 will investigate the matter.
(d) Account Information. I agree to notify [email protected] immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide Berraco Capital LLC, Series 3 with accurate, complete, and current information results in delinquent payments, Berraco Capital LLC, Series 3 may restrict my ability to purchase other Berraco Capital LLC, Series 3 products, use my products or services, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
15. Legal Forms. If you have purchased or licensed a Legal Form from us, the following provisions apply to you:
(a) License. Berraco Capital LLC, Series 3 grants you a nonexclusive, nontransferable worldwide right to use the legal form(s) you have purchased. This license allows you to access, download, use, and edit the legal form(s) you have purchased for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the legal form(s); or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the legal form(s) or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by Berraco Capital LLC, Series 3 and its licensors.
(b) No Guarantee. We do not guarantee that any Legal Form provided is suitable for a particular purpose, or that any Legal Form provided is accurate, reliable, complete or timely. The Legal Forms provided are for information purposes only, and should not be relied upon as legal advice.
16. Reviews. After your purchase, you may receive an email survey request from us. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased or licensed, your gender, city and/or state, and age range.
17. Text messages and SMS Programs. Berraco Capital LLC, Series 3, at its sole discretion, may offer the following SMS/text message based programs:
BRRRRinvest.com Member Alerts: When available, you may opt-in to receive SMS/text messages by providing your phone number during the process of purchasing a product from BRRRRinvest.com. In some instances, we may also provide you the opportunity to opt-in post-purchase through digital advertisements or emails. By opting in, you will receive messages regarding the status of your order and assistance with accessing the products you have purchased. The number of messages you will receive will vary depending on the steps needed to complete your order.
BRRRRinvest.com App Invitation: When available, you may opt-in to receive SMS/text messages when you purchase a participating product from BRRRRinvest.com. We may provide you the opportunity to opt-in through a post-purchase webpage or through digital advertisement. By opting in, you will receive a message providing you with a link to download a BRRRRinvest.com application onto your mobile phone. This will be the only message you will receive as part of this program.
BRRRRinvest.com Offers: When available, you may opt-in to receive SMS/text messages by sending a text message to BRRRRinvest.com following the directions provided through digital advertisements or emails. By opting in, you will receive promotional messages regarding special offers and product updates. You will receive no more than four (4) messages per month as part of this program.
To opt-out of receiving SMS/text messages from BRRRRinvest.com, you may reply with STOP to cancel (msg & data rates may apply) or email [email protected]. For more information, you may reply with HELP (msg & data rates may apply) or email [email protected].
Compatible carriers may include, but are not necessarily limited to: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – Syringa, Rina – UBET, Rina – Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless.
We are not responsible for delayed or undelivered messages.
18. Access to World Wide Web; Internet Delays. To use BRRRRinvest.com services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain BRRRRinvest.com services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Berraco Capital LLC, Series 3 is not responsible for delays, delivery failures, or other damage resulting from such problems.
19. Force Majeure. Berraco Capital LLC, Series 3 shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, Berraco Capital LLC, Series 3 may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
20. Right to refuse. I acknowledge that Berraco Capital LLC, Series 3 reserves the right to refuse service to anyone.
21. Cloud Storage Services. If you have purchased a package that includes access to cloud storage services for online content storage, sharing and processing of files, materials, data, text, audio, video, images, or other content (collectively, “Content”), hosted through the BRRRRinvest.com website and applications (“Cloud Services” or “Cloud Service”), the following provisions apply to you:
a. Access to the Cloud Service. You may use the Cloud Services on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws.
b. Service Provider. You acknowledge and agree that we do or may work with third-party sub-providers (each a “Cloud Service Provider”) of our choice to provide some or all of the Cloud Services.
c. Your Account. Only you may use your Cloud Services. You must keep your account and passwords confidential and not authorize any third party to access or use the Cloud Service on your behalf, unless we provide an approved mechanism for such use. We and our Cloud Service Provider will not be liable for any loss or damages arising from any unauthorized use of your account.
You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Cloud Services and to grant the rights in this Cloud Storage Services Section; and (b) the storage, use or transmission of the Content doesn’t violate any law or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person’s rights, such as takedown notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection, and backup copies of the Content, which may include your use of additional encryption technology to protect the Content from unauthorized access. We will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
e. Unauthorized Use. You must immediately notify us in writing of any unauthorized use of: (a) any Content, (b) any account, or (c) the Cloud Services that come to your attention. In the event of any such unauthorized use by a third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide us with such cooperation and assistance related to any such unauthorized use as we may request.
f. Data Limits. We reserve the right to limit the amount of Content you may store on the Cloud Services.
g. Content Stored in the United States. The Cloud Services are provided from the United States. By using and accessing the Cloud Services, you understand and consent to the storage and processing of the Content and any other personal information in the United States. We and our Cloud Service Provider reserve the right to store and process personal information outside the United States, and will use commercially reasonable efforts to provide you with notice of any such changes in the processing location.
h. Acceptable Use. You must not use the Cloud Services to harm others or the Cloud Services. For example, you must not use the Cloud Services to harm, threaten, or harass another person, organization, or us and/or to build a similar service or website. You must not: damage, disable, overburden, or impair the Cloud Services (or any network connected to the Cloud Services); resell or redistribute the Cloud Services or any part of it; use any unauthorized means to modify, reroute, or gain access to the Cloud Services or attempt to carry out these activities; or use any automated process or Cloud Services (such as a bot, a spider, or periodic caching of information stored by us) to access or use the Cloud Services. In addition, you promise that you will not and will not encourage or assist any third party to:
1. modify, alter, tamper with, repair or otherwise create derivative works of any software;
2. reverse engineer, disassemble or decompile the software used to provide or access the Cloud Services, including the software, or attempt to discover or recreate the source code used to provide or access the Cloud Services, except and only to the extent that the applicable law expressly permits doing so;
4. sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Cloud Services to any third party;
5. remove, obscure or alter any proprietary rights notice pertaining to the Cloud Services;
6. access or use the Cloud Services in a way intended to improperly avoid incurring fees or exceeding any usage limits or quotas;
7. use the Cloud Services in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Cloud Services could lead to death, personal injury, or physical property or environmental damage;
8. use the Cloud Services to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
9. interfere with or disrupt servers or networks used by us or our Cloud Service Provider to provide the Cloud Services or used by other users’ to access the Cloud Services, or violate any third party regulations, policies, or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any software or the Cloud Services;
10. access or attempt to access our or our Cloud Service Provider’s other accounts, computer systems or networks not covered by these Terms, trough password mining or any other means; or
11. cause, in our sole discretion, inordinate burden on the Cloud Services or our system resources or capacity.
We and our Cloud Service Provider will make all judgements concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each violation, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.
i. Identification. We reserve the right, in our sole discretion, to deactivate, change, and/or require you to change your BRRRRinvest.com user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Cloud Services for any reason or for no reason. We may exercise such right at any time, with or without prior notice.
j. Updates to the Cloud Services. We reserve the right, in our sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Cloud Services at any time. We may add or remove functionalities or features, and we may suspend or stop Cloud Services altogether.
k. Software. If you receive software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the Software.
We may automatically check your version of the Software. We may also automatically download to your computer or device new versions of the Software.
Any software is licensed, not sold. Unless we notify you otherwise, the software license ends when your Cloud Services end. You must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software.
The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or Cloud Services without U.S. government permissions to anyone on U.S. government exclusion lists (see the Commerce Department’s compliance list at http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern. You represent and warrant that you’re not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.
l. Our Proprietary Rights. As between us and you, we or our licensors own and reserve all right, title, and interest in and to the Cloud Services and all hardware, software and other items used to provide the Cloud Service, other than the rights explicitly granted to you to use the Cloud Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Cloud Services are transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by us and our Cloud Service Provider. In the event that you provide the comments, suggestions, and recommendations to us with respect to the Cloud Services (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Cloud Services) (collectively, “Feedback”), you hereby grant to us and our Cloud Service Provider a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Cloud Services.
n. NO WARRANTY. WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS THAT THE CLOUD SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
22. If you purchase a subscription or other product, you must pay all charges to your account relating to that subscription, including applicable taxes and fees for the use of additional features not included as part of your subscription. You will be charged in accordance with the billing terms in effect at the time of your initial purchase. If you purchase a subscription that is charged in full on purchase, in each renewal period for that subscription, you must pay the total cost of the next subscription period by the first day of that period. For each subscription, your charge remains for each subscription period no matter if you access the services or Site during any subscription term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION, YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
23. Promotional Trial Memberships. We do not currently make any trial options available. At signup for all current products, full payment for the purchase option selected is due and payable in-full and cancellation with a refund is only available under our One-Deal, One-Year Guarantee terms.
24. Fee Adjustments. We may increase subscription fees by notifying you of new fees at least 30 days before the beginning of a renewal term. The new fees will be effective on the first day of the renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the first day of the next renewal term without a pro rata adjustment for the period covered under the prior fee schedule.
25. Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from us is and was not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another party any matters addressed therein.
26. I acknowledge that Berraco Capital LLC, Series 3 is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.
27. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.