TERMS & CONDITIONS
Use of the Sites represents and warrants that you are at least 18 years old and that all information that you submit to CleverInvestor.com is truthful and accurate. This includes, but is not limited to your registration information, profile content, property listing info and item submissions. You agree to update such account information as necessary to keep it accurate. If you misrepresent your age, we may terminate your account at any time without warning, and without any liability. You are solely responsible for maintaining the security and confidentiality of your password and other Member account information. You agree not to permit others to use your password or other Member account information, and you agree to notify CleverInvestor.com immediately of any unauthorized use of that information. CleverInvestor.com will not be responsible for any loss or damage arising out of the unauthorized use of your password or other Member account information; and you agree to indemnify and hold harmless CleverInvestor.com, its officers, directors, agents, employees, subsidiaries, and affiliates for any unauthorized, improper, or illegal use of that information. You, and not CleverInvestor.com, are solely responsible for all Content or Items published, distributed, or displayed through your account, including without limitation any messages, weblog posts, internal or externally embedded “widget” code, or tags, and for your interactions with other Members or users. You further represent and warrant that your use of the Site will not violate any applicable law or regulation.
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Sites and to remove any goods and services for sale. We may also from time to time change the terms that govern your use of our Site. We may also change our website in general, adding, editing or deleting whatever we please. Your use of our Sites following any such change constitutes your agreement to follow and be bound by the terms as changed.
3. Intellectual Property
Excluding the names of websites that are linked to from the Sites, unless noted otherwise, all materials, including images, illustrations, designs, icons, photographs, video clips, products and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed either by CleverInvestor.com or by one of its partners, drop shippers, affiliates, or by a company represented by any of these entities (“Affiliates”). The Sites as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by CleverInvestor.com. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a User of any such content or any part of the Sites is prohibited.
4. User Content
CleverInvestor.com enables you to upload, archive, post, publish, e-mail, or otherwise transmit to CleverInvestor.com (“Upload”) web pages, text, code, software, music, sound, photographs, graphics, video, messages, tags, and other information, data, or material (Content). You, and not CleverInvestor.com, are solely responsible for all Content that you Upload to CleverInvestor.com public archives, blogs, bulletins, classified ads, property listings, investor profiles, search results, categories, groups, or any other part of the Sites.
In connection with Content that you Upload to CleverInvestor.com you represent and warrant that:
- (1) you own, or have the necessary licenses, consents, permissions, and rights to use and to authorize CleverInvestor.com to use, all copyright, trademark, patent, trade secret, and other proprietary rights in and to all such Content, in order to permit inclusion and use of the Content as contemplated by the Site and this Agreement; and
- (2) you have the written consent, release, and/or permission of every person identifiable in the Content to use their name and likeness, in order to permit inclusion and use of the Content as contemplated by the Sites and this Agreement.
5. Content Ownership
You retain all of your ownership rights in Content that you Upload to CleverInvestor.com. However, by Uploading the Content to CleverInvestor.com you hereby grant to CleverInvestor.com a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, fully sub-licensable (through multiple tiers), and transferable license to copy, distribute, prepare derivative works of, adapt, publicly perform, publicly display, and use the Uploaded Content in connection with the Sites and CleverInvestor.com’s business, including without limitation promotion and redistribution of the Sites and derivative works thereof, through any media channel and in any media format known now or in the future. In addition, you hereby grant to each CleverInvestor.com Member or user a non-exclusive license to access the Uploaded Content through the Sites, and to reproduce, distribute, prepare derivative works of, adapt, publicly perform, publicly display, and use such Content as permitted through the Site functionality and under this Agreement. These licenses will terminate when you remove the Uploaded Content from the Sites. All tags and comments associated with Content – whether associated by you, the Sites, other Members or users, or anyone else- becomes CleverInvestor.com’s property; however, CleverInvestor.com will grant you a perpetual right to use such tags and comments for personal, noncommercial purposes.
6. Viewing Sites Content
In using the Sites, you may access and be exposed to Content Uploaded by others that is inaccurate, incomplete, indecent, offensive, or otherwise objectionable. Uploaded Content is the sole responsibility of the person who Uploaded it. You will not hold CleverInvestor.com responsible for the actions or inactions of Members or users, including without limitation any Uploaded Content.
CleverInvestor.com does not pre-screen, edit, or review Content Uploaded to CleverInvestor.com archives or publicly-available areas of the Sites. If CleverInvestor.com is notified by a user, Member, or Content owner of Content posted on the Sites or in connection with the Site that allegedly does not conform to this Agreement, CleverInvestor.com may investigate the allegation and determine in good faith, in CleverInvestor.com’s sole discretion, whether to remove or block access to such Content.
7. Communication and Links
Upon registering to receive the newsletter by signing up to receive a ‘Free eBook’, or any other type of free promotion, Users agree that CleverInvestor.com may send electronic mail to you for the purpose of advising you of changes or additions to the Sites, about any of CleverInvestor.com products or services, or for such other purpose(s) as CleverInvestor.com deems appropriate. CleverInvestor.com is not to be held liable for any communication from the Sites for a user that has disclosed contact information to CleverInvestor.com.
8. Inaccuracy Disclaimer
From time to time there may be information on Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. This is going to happen most frequently with affiliates, who change prices and products often. CleverInvestor.com is not responsible for satisfying any product prices or availability if incorrect on our website. Shipping by CleverInvestor is via USPS and usually arrives within 10 business days. ANY TIME A PRODUCT IS POSTED THAT LINKS TO AN OUTSIDE AFFILIATE WEBSITE, USERS SHOULD REFER TO THE AFFILATE INFORMATION. If there is a discrepancy with an item marked as a CleverInvestor.com product, such as a product no longer being available, you will be notified and immediately refunded when applicable. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
9. Code of Conduct
You agree that you will not, and it shall be a violation of this Agreement to: Upload, copy, distribute, share, sell, create derivative works of, or otherwise alter or use any Content, in whole or in part, for any purpose whatsoever except as expressly authorized in this Agreement; and to do so in any manner exceeding the scope of your rights to use such Content (e.g., license rights associated with premium content or subscription-based materials), without permission from the Content owner, or otherwise in violation of another person’s rights to such Content.
Upload, copy, distribute, share, or otherwise use Content that is unlawful, obscene, defamatory, libelous, harmful, offensive or hateful on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, harassing, degrading, pornographic, threatening, intimidating, abusive, that would violate another person’s rights, constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, national, or international law or regulation, or that is otherwise inappropriate. Upload, copy, distribute, share, or otherwise use Content that constitutes advertising or promotional material, if posted in areas of CleverInvestor.com which are not designated for such purposes (e.g., not in the classified ads), or if “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unauthorized commercial communication, or that constitutes or generates unauthorized banner ads, pop-ups, pop- unders, and interstitials. To protect our Members from such advertising or solicitation, CleverInvestor.com reserves the right to (among other things) restrict the number of e-mails that a Member may send to other Members in any 24-hour period, to a number that CleverInvestor.com deems appropriate in its sole discretion. If you violate this Agreement and transmit unsolicited bulk e-mail, instant messages, or any other unsolicited communications through the Sites, you acknowledge that you will have caused CleverInvestor.com substantial harm, but that the amount of the harm would be extremely difficult to determine. Accordingly, as a reasonable estimation of such harm, you agree to pay CleverInvestor.com fifty dollars (US$50.00) for each such unsolicited e-mail or other communication that you transmit through the Sites.
Upload, copy, distribute, share, or otherwise use Content that contains or embodies software viruses, worms, Trojan horses, bugs, or any other malicious computer code that is designed to interrupt, undermine, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or that is designed to perform functions on any software, hardware, or equipment without the owner’s express consent. Upload, copy, distribute, share, or otherwise use Content that violates the Fair Housing Act by stating, in any ad or notice for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status, or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics).
Upload, copy, distribute, share, or otherwise use Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”. Upload, copy, distribute, share, or otherwise use Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Arizona law. Many laws, policies, and regulations in various jurisdictions regulate the purchase and sale of goods and services. You are encouraged to research the applicable laws and regulations that may apply to your transaction. For your convenience, here is a partial list, for illustrative purposes only, of some categories of prohibited and restricted items, the purchase and sale of which are forbidden on CleverInvestor.com:
- (1) Child pornography or obscene material;
- (2) Alcohol or tobacco products;
- (3) Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia;
- (4) Prescription drugs and medical devices, such as prescription or contact lenses, hearing aids, defibrillators, or hypodermic needles;
- (5) Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval;
- (6) Weapons and related items, including firearms, ammunition, silencers, sniper scopes, large capacity magazines, disguised, undetectable or switchblade knives, martial arts weapons, BB guns, stun guns, or tear gas;
- (7) Fireworks, including “safe and sane” fireworks or any destructive explosives or devices;
- (8) Blood, bodily fluids, or body parts;
- (9) Animals and animal parts, including the retail sales of dogs and cats;
- (10) Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests;
- (11) Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or arts or crafts materials containing toxic substances without a warning label;
- (12) Illegal telecommunications equipment, such as cable or satellite descramblers, password sniffers, access cards, access card programmers and unloopers;
- (13) Stolen property or personal property with the serial number altered or removed;
- (14) Burglary tools, such as lock-picks or motor vehicle master keys;
- (15) False identification cards, citizenship documents, birth certificates, or items with police insignia;
- (16) Counterfeit currency, stamps, and coins, and equipment designed to produce them;
- (17) Counterfeit or “knock- off” brand name goods;
- (18) Material that infringes copyright, such as “warez” or bootlegs (without artist consent);
- (19) Airline tickets that restrict transfer;
- (20) Gambling items, such as lottery tickets, raffle tickets, sweepstakes entries, slot machines, or sports trading card ‘grab bags’;
- (21) Used or rebuilt batteries, or batteries containing mercury;
- (22) Used bedding and clothing, unless sanitized as required by law;
- (23) Non-packaged food items or adulterated food;
- (24) Bulk e-mail or mailing lists that contain names, e- mails, phone numbers, addresses, or other personal identifying information. Include in your Member profile any telephone number, street address, last name, URL, or e-mail address. Disclose your password or transfer your account to any third party, or allow any third party to access your account. Impersonate any person or entity, including without limitation CleverInvestor.com officials, staff, and/or Members. Upload, copy, distribute, share, or otherwise use Content that includes personal or identifying information about another person without that person’s explicit consent. Access the Sites by any means other than through the interface provided by CleverInvestor.com for use in accessing the Sites.
This includes not using or launching any automated system, including without limitation any spider, robot (or “bot”), scraper, or offline reader, that accesses the Sites in a way that sends more request messages to the CleverInvestor.com servers in a given time period than a human reasonably can produce in the same time period using a conventional online Web browser; and not using or launching any unauthorized script to add friends. Notwithstanding this, CleverInvestor.com grants the operators of general purpose Internet search engines permission to use spiders to copy Content from the Sites for the sole purpose of creating publicly available, searchable indices of such Content, but not caches or archives of such Content. (“General purpose Internet search engine” does not include a web site or search engine or other service that specializes in classified listings or in any subset thereof, such as jobs, housing, for sale, services, or personals, or that is in the business of providing classified ad listing services.) CleverInvestor.com reserves the right to revoke these exceptions, in general or specific instances.
Interfere with or disrupt the Sites or servers or networks connected to the Sites, make the Sites available over a network (other than CleverInvestor.com’s network) where it could be used by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites.
Use the Sites to artificially generate traffic or page links to a Web site or for any other purpose not intended for personal, noncommercial use of the Sites. Cover or obscure any banner or other advertisements on any CleverInvestor.com page via HTML/CSS or other means.
Collect, harvest, or store any personally identifiable information, including Member account information, from the Sites.
Translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Sites, in whole or in part.
Circumvent, disable, violate, or otherwise interfere with any security related feature of the Sites, or any technology or feature that restricts or prevents copying or use of Content or that enforces limitations on use of the Sites or Content.
Rent, lease, sublicense, transfer, sell, trade, resell, or exploit for any commercial purposes, any portion of the Sites (including without limitation your account information), use of the Sites, or access to the Sites.
Use the Sites to harass or “stalk” anyone.
Upload Content that exploits anyone under the age of 18 in a sexual or violent manner, or that solicits personally identifiable information from anyone under the age of 18. Use the Sites in any way to provide material support or resources (or to conceal or disguise the source, location, nature, or ownership of material support or resources) to any organization designated by the U.S. government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act, 8 U.S.C. 1189. Use the Sites in any way that violates the terms of this Agreement, or that aids, encourages, or purports to authorize anyone else to violate the terms of this Agreement. Use the Sites in any way that intentionally or unintentionally violates any applicable local, state, national, or international law or regulation.
10. Member disputes
You are solely responsible for your interaction with other CleverInvestor.com Members or users, whether online or offline. CleverInvestor.com reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Members or users. If you have a dispute with one or more Members or users, you release CleverInvestor.com (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
11. Agreement Details
This Agreement is effective unless and until terminated by either you or CleverInvestor.com. You may terminate this Agreement at any time. CleverInvestor.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Sites, if in CleverInvestor.com’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you orCleverInvestor.com, you must promptly destroy all materials downloaded or otherwise obtained from this Sites, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Arizona.
12. Deal Splits or Partnering
No customer (student) of Clever Investor, LLC, including but not limited to buyers/users of any of its educational products, educational events, business tools, etc, will ever partner with Clever Investor, LLC on any sort of real estate transactions in any way. Any reference given to “partnering” or “deal splitting” with Cody Sperber or his company will be done outside of Clever Investor, LLC with entities in no way connected with Clever Investor, LLC. This referral of “deals” or “properties” or business of any kind to business entitities outside of Clever Investor, LLC will in no way effect Clever Investor, LLC including but not limiting financial gains or losses or any legal issues or problems occurring from business conducted as an effect of the referrals. No rights, responsibilities or benefits referred to in sales materials, membership websites or educational materials in regards to real estate transactions with Cody Sperber or his team is in any way connected to Clever Investor, LLC which is a company that offers education and tools for business owners to conduct business on their own behalf completely independent of Clever Investor, LLC. Clever Investor, LLC stands to gain no benefit or loss from any transaction of its students, customers or clients and any benefit or obligation will refer to companies outside of Clever Investor, LLC and details as to which company deal splits or partnership arrangements will be provided within materials provided to customers of Clever Investor, LLC within the educational or membership materials provided by Clever Investor, LLC. By purchasing a Clever Investor, LLC product or service you confirm that you understand that the Company will in no way partner with you on any form of real estate transaction and the will not be liable in any way for your real estate dealings. Clever Investor LLC is NOT a real estate investment company, and does not engage in the purchase, sale or rental of any real property. Clever Investor LLC is an education company engaged in providing real estate investing education in various investing niches. Any opinions given by any member or staff of Clever Investor LLC in regards to a specific real estate investment or transaction are the opinion of that member or staff and do not represent the opinion of Clever Investor LLC, nor are they to be taken as legal or professional advice. Consult an attorney or other qualified professional for advice regarding any specific real estate investment transactions.
13. Refund Policy/Instructions (Be sure to reference the correct product listed below)
Professional Membership and Start Closing Deals Premium package: CleverInvestor.com has an unconditional 30 Day, No Risk, Money Back Guarantee, which makes your purchase completely risk-free. Because we offer a 30 day trial for your Professional Membership, we do not give refunds if you cancel after the 30 days. All refunds must be requested at least 5 business days before the 30 day trial period is over. If, for some reason, you feel there was an error on our part, and you requested the refund within that time period, please contact us at: customerservice@CleverInvestor.com so that we may attempt to rectify the problem. In the event that you want to request a refund within the 30 day trial period, please contact us at customerservice@CleverInvestor.com. Again all refunds must be requested at least 5 business days before the monthly billing date. Approved refunds will be processed after all materials that are due to be returned are received by us. Once the cancellation has been processed you will receive a confirmation via email. This confirmation will include the return address to ship any materials that need to be returned in order for you to receive the approved refund. If you do not receive a confirmation of your refund request from us via email, please notify CleverInvestor.com at customerservice@CleverInvestor.com, as that is the only valid receipt of cancellation.
Fast Track Profit System:
CleverInvestor.com has an unconditional 30 Day, No Risk, Money Back Guarantee, which makes your purchase completely risk-free. Because we offer a 30 day trial for this program, we do not give refunds if you cancel after the 30 days. All refunds must be requested within 30 days from the date of Purchase. If, for some reason, you feel there was an error on our part, and you requested the refund within that time period, please contact us at: customerservice@CleverInvestor.com so that we may attempt to rectify the problem. In the event that you want to request a refund within the 30 day trial period, please contact us at customerservice@CleverInvestor.com. Again all refunds must be requested within 30 days from the date of purchase. Approved refunds will be processed after all materials that are due to be returned are received by us. Once the cancellation has been processed you will receive a confirmation via email. This confirmation will include the return address to ship any materials that need to be returned in order for you to receive the approved refund. If you do not receive a confirmation of your refund request from us via email, please notify CleverInvestor.com at customerservice@CleverInvestor.com, as that is the only valid receipt of cancellation. Refunds of Shipping Charges: It is understood that no shipping charges will be refunded unless otherwise stated within the guarantee for the specific product that you are purchasing. Most items will not refund shipping charges.
14. Professional Membership Subscription & Cancellation
When you accept the 30 day trial offer, you are stating that you understand you will be charged a recurring subscription fee of $97 that will commence upon the expiration of your 30 day trial. You also understand that the recurring monthly charges will be billed thirty days out following the first monthly charge and will continue to be charged until you cancel.
All subscriptions must be canceled at least 5 business days before the monthly billing date to avoid further charges. To cancel your Professional Membership, contact us at customerservice@CleverInvestor.com. Once the cancellation has been processed you will receive a confirmation via email. This confirmation will include all instructions, including a return address for any materials that need to be returned if a refund is approved to take place. If you do not receive a confirmation, please notify CleverInvestor.com at customerservice@CleverInvestor.com, as that is the only valid receipt of cancellation. Canceling your subscription does not guarantee a refund, per the above refund policy terms stated above. You agree that all sales are final after 30 days of purchase and you will not contact your credit card company after the 30 day refund period has expired.
15. Duty to Read
You accept that under this agreement you have a duty to read this refund policy and have in fact done so. Your purchase of the 30 day trial period attests to this duty. Furthermore, you understand and accept that you are stopped from using lack of reading this policy as a defense against all remedies so contained herein.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CLEVER INVESTOR LLC D.B.A. CLEVERINVESTOR.COM, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES FROM ANY CLAIM, SUIT, ACTION, DEMAND, LOSS, AND DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, COSTS, AND EXPENSES, MADE OR INCURRED BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT THAT YOU UPLOAD, YOUR USE OF CONTENT ACCESSED FROM THE SITES OR SERVICE, YOUR VIOLATION OF THIS AGREEMENT, AND/OR YOUR
VIOLATION OF ANY THIRD-PARTY RIGHTS.
17. General Disclaimer
THE SITES AND ALL CONTENTS OF THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITES, AND THAT CLEVERINVESTOR.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES. MOREOVER, YOU SPECIFICALLY INDEMNIFY CLEVERINVESTOR.COM AGAINST ANY LEGAL ACTION OF ANY NATURE, BROUGHT BY A THIRD PARTY AGAINST US INCLUDING, BUT NOT LIMITED TO COPYRIGHT, TRADEMARK AND PRIVACY INFRINGEMENT. AT CLEVERINVESTOR.COM’S OPTION YOU SHALL EITHER DEFEND CLEVERINVESTOR.COM AGAINST SUCH ACTION OR RIEMBURSE CLEVERINVESTOR.COM FOR THE COST OF DEFENSE INCLUDING, BUT NOT LIMITED TO ANY FINES, JUDGEMENTS, SANCTIONS
OR OTHER PENALTIES.