Terms and Conditions
Agreement for Services
You are investing in personal coaching for “30-Day Challenge To Get Into Your First Multifamily Deal” Training” (“Program”). The following Agreement is the Terms of Service for this program. Please read it carefully. If you do not agree to the following terms, DO NOT invest in the program. By investing in the program, you are accepting the following Agreement, and you agree to and are bound by the following terms.
1. Parties:
For purposes of this Agreement, you (student) are referred to as “Client.” Seller, Torchbearer Media Group, LLC (as represented by Paul Montelongo) is referred to as “Company.”
2. Term:
Your program will begin on or about April 15, 2020 and last until May 15, 2020.
3. Company’s Services:
Your program will consist of:
- Daily Zoom video training on Multifamily acquisitions. Program begins promptly at 9:00am CST and you should allow an hour each morning for the training. Training days include Saturdays and Sundays.
- Uploaded recordings of the daily Zoom meetings.
- A minimum of thirteen “Official Program Training” videos uploaded to the private Facebook group. These videos are for your use only during the training program and are not to be distributed or used by anyone outside the program.
- Unlimited access to Company student forum via Facebook Messenger and private Facebook group and email Monday through Friday.
- Access to all programs on Company private FB groups related to your training program.
- Access to Video training, social media raining, investor training and direction, and/or any audio training.
- Access to necessary forms and contracts and templates that may be delivered during the training program. All forms are the property of Torchbearer Media Group, LLC, Paul Montelongo Enterprises, Inc. and/or any of its subsidiary entities. Reproduction and/or distribution of these forms is prohibited without the written permission of Paul Montelongo and/or any of his entities.
- Your education and success in this program is of the upmost importance to us, thus we will do anything within our reach to assist you.
4. Payment:
This is a unique program, which I have developed specifically for Multifamily investors. The objective is to develop a tightly woven network of investors who collaborate and work on their careers together, now and in the future. In the spirit of education, the fee for this program at this time is strictly on a donation basis. At any time during or after the 30-day program, you may send to my PayPal account any amount of money that you deem appropriate and relevant to your education during this program. The amount is up to you, and this agreement will be your only reminder of this voluntary donation program. PayPal email address is Paul@PaulMontelongo.com
5. Termination:
This Agreement does not allow for termination prior to the program end date. If Client chooses to end participation prior to the program end date, Client will not receive a refund, and will be responsible for completing payment outlined in Paragraph 4. Company reserves the right to revoke access to all programs and groups and content creation if payment for this program is not completed or the client is not in good standing with their payments.
6. Refunds:
Company does not offer refunds at any time.
8. Release:
Company may take photographs, videos, audio recordings, or other recordings during Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
9. Intellectual Property:
Company reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation in Program. Company provides Client with a single-user license, authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes.
10. Non-Disparagement:
Client agrees, during and after participation in Program, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation. In addition, Company agrees to refrain from making any statements, whether oral or in writing, that negatively impact Client or Client’s business.
11. Assignment:
This Agreement shall bind Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.
12. No Guaranty and Disclaimer:
NO GUARANTEES: Company makes no guarantees about Client and Company’s work together. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate. NOT PROFESSIONAL MEDICAL ADVICE: Company will only be providing the services that are explicitly listed above in Paragraph 3. At no time should any of Company’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Company’s services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out. NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out. EARNINGS DISCLAIMER: Any information provided by Company regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. The information may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation. As you know, financial outcomes depend on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate. You agree that Company is not responsible for your success, or lack thereof. Your reliance on any information provided is done at your own risk.
13. Warranties:
Both Company and Client warrant that they have full authority to enter into this Agreement. Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
14. Whole Agreement:
This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements.
15. Modifications; Waiver:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. In order to make the waiver binding, the party making the waiver must execute it in writing. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
16. Severability:
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
17. Limited Liability:
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Notices:
All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed to the party’s principal place of business, unless otherwise clearly stated in this Agreement that email notification shall suffice.
19. Dispute Resolution; Costs and Fees; Applicable Law/Venue:
Any dispute arising under this Agreement will be resolved by an online mediation service that is agreed upon by all parties or by mediation in Texas with a mediator agreed upon by all parties. The parties agree to complete mediation in good faith prior to pursuing any other available legal or equitable remedies. Parties agree that this Agreement shall be governed by and construed in accordance with the laws of Texas. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in Bexar County, Texas. If Client sues Company and Company is successful, Client is responsible for Company’s attorney’s fees, in addition to any other relief to which Company may be entitled. By investing in the program, you are accepting the following Agreement, and you agree to and are bound by the terms presented above.