Terms and Conditions

Your use of this website and/or Marshall Reddick services constitutes your agreement to be bound by and to follow the terms of use stated below and in our Privacy Statement ("Agreement"). Marshall Reddick reserves the right to update these terms of use at any time without notice to you.

Marshall Reddick provides a substantial variety of services related to the purchase or sale of real estate, including by way of example an extensive catalog of courses on real estate purchasing, selling, and management. Marshall Reddick can also direct its members to real estate brokers and agents, and to lenders and property managers affiliated with Marshall Reddick (all of the foregoing is hereafter referred to as "Services").

Our web site is a part of the Services we provide to our Marshall Reddick members and to the public. The information in the Web Site is for educational purposes, and is not to provide specific legal, tax or financial advice. Although care has been taken to provide accurate and current information, you are urged to consult professional legal counsel or a Certified Public Accountant or a licensed financial planner regarding the applicability of any points of law, or taxation or financial planning to your specific situation. Our web site should not be used as a substitute for competent advice from a licensed professional.

For Marshall Reddick to function as a finder, not a broker or agent for purchasing real estate. This means you must look to a specific broker or agent affiliated with a specific property to obtain purchasing or selling terms and conditions for the specific property. You agree that Marshall Reddick is not your buyer's agent for any purchases or sales of property or services you may make.

In an effort to provide you with service, the information you provide may be referred to Affiliates, such as for example, an affiliated real estate broker or agent, or lender, or insurance provider licensed to transact business in a particular location in which you have indicated an interest.

"Affiliates" are independent persons, entities, agencies, organizations, individuals or establishments with which Marshall Reddick does business but which maintains autonomy and independence from Marshall Reddick.

Any information about non-affiliates given to you is an effort to provide you with additional services.

By use of this website, you authorize and request Marshall Reddick Real Estate® ("Marshall Reddick") to email you periodic newsletters, notices, and other information to learn more about the concepts, ideas, and strategies presented at Marshall Reddick events.

Assumption of Risk:

You understand and agree that investing in real estate involves significant risk and is not suitable for all investors. Risks include but are not limited to real estate market risks, economic risks, bank and lender risks, and risks related to service providers, such as but not limited to brokers and property managers. You hereby affirm that you are voluntarily participating in investing in real estate with knowledge of the risks involved and you agree to accept any and all risks of loss or damage which your investing in real estate may entail.

You understand and agree that it is your duty and responsibility to engage in a serious due diligence investigation regarding any property you may be interested in purchasing, to have an independent legal review of your real estate purchase documents, to inspect properties in person (or have them inspected in person for you) before deciding to buy. You understand and agree that it is your duty to purchase no more properties than you can afford and to maintain a reserve of at least six monthly mortgage payments for each property you purchase. You understand and agree that it is your duty to assess your own financial resources and determine they are sufficient before you make any real estate purchase. You understand and agree that the property you buy may not rent as quickly as you would like or expect, that appreciation, fix-up expenses, rent quotes, and rent increases in recommended areas are not guaranteed by Marshall Reddick or anyone else or that future performance of the property may be other than you desire. You understand it is your duty and responsibility to verify all statements and representations of the real estate brokers, agents and property managers you may deal with.

You understand and agree that Marshall Reddick is a mere finder and is not your agent with respect to any purchases of real estate you may make. You understand that Marshall Reddick does not employ or control the real estate brokers, agents and/or property managers, attorneys, financial planners, CPAs and accountants, or any real estate financial or accounting software to whom Marshall Reddick directs your attention, and that no agency relationship of any sort exists between you and Marshall Reddick regarding their services. In purchasing property, your legal relationship is with the real estate broker or agent handling your particular purchase. You hereby grant permission to any real estate broker to whom you have been directed for information and assistance by Marshall Reddick to forward to Marshall Reddick a copy of the listing agreement, purchase contract, or certified HUD-1 statement regarding any purchase or sale you make.

You hereby waive, release and dischargeany and all claims against Marshall Reddick and its officers, employees, and agents, any sponsoring college or university, and their staff (collectively "Releasees") you may have that arise from statements, representations, recommendations, actions, or inactions of Marshall Reddick, or made by real estate brokers, agents and/or property managers, builders, developers, and vendors to whom you have been directed for information and assistance by Marshall Reddick. You voluntarily agree to defend, indemnify and hold harmless Releaseesfrom all claims and liabilities resulting from, or in any manner arising out of, any negligence on Releasees' part, or misstatements, intentional or otherwise, that you may make to Marshall Reddick, to lenders, real estate brokers or agents, or property managers. You understand that Marshall Reddick will rely and take action based upon this waiver and indemnification, and you hereby release Marshall Reddick as a condition of being directed to any real estate brokers, agents, and/or property managers or Affiliate by Marshall Reddick for information and assistance. You understand that any earnest money you deposit for a purchase may not be refundable. You understand that Marshall Reddick receives a service fee when you purchase a property using a broker to whom your attention has been directed by Marshall Reddick and that you are free to use any real estate broker, agent or property manager of your own choice. You understand that problems occur when a Marshall Reddick member purchases more than one property at a time in the same area and you will not do so. If you nevertheless do so, you understand and agree that you take full responsibility and risk that any decision to buy more than one property at a time in the same State may not work to your financial advantage.

This web site and all contents of this web site, as well as all services of Marshall Reddick, are provided "AS IS" and "WITH ALL FAULTS" without warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose. Marshall Reddick does not warrant that your use of this web site will be uninterrupted or error free or that this web site or its server(s) are free of viruses or other harmful elements. Your use of this web site and/or its content, and all services of Marshall Reddick, is at your sole risk. You agree to assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of this web site. Marshall Reddick shall not be liable to any person or entity for any damages of any kind related to the use of this web site or the services of Marshall Reddick, including by not limited to actual, direct, consequential, special, subsequent, unique or punitive damages, whether or not Marshall Reddick has been informed of the possibility of such damages. Although Marshall Reddick endeavors to provide accurate information, Marshall Reddick does not warrant or make any representation regarding the accuracy or reliability of information on this site. Neither shall Marshall Reddick be liable for any defamatory, offensive, or illegal conduct of any user of our web site. If you are dissatisfied, confused, uncertain or unwilling to abide by these terms of use of this web site or any part of the web site, your sole and exclusive remedy is to discontinue using our web site. You agree to indemnify, defend and hold harmless Marshall Reddick, its shareholders, officers, directors, employees, agents, attorneys, sponsors, affiliates, distributors, vendors, advertisers, link partners and any related entities from and against any and all claims including third party claims, demands, liabilities, complaints, costs or expenses, including reasonable attorney fees, that Marshall Reddick may incur in our defense resulting or arising out of your use of this web site and/or breach of any of the terms of use of our web site.

Unless you have a specific agreement with Marshall Reddick otherwise, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Services. Elements of the Marshall Reddick website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Marshall Reddick website may be copied or retransmitted unless expressly permitted by Marshall Reddick.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARSHALL REDDICK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE SERVICES(S) DESCRIBED HEREIN AT ANY TIME.

MARSHALL REDDICK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MARSHALL REDDICK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MARSHALL REDDICK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE OR THE SERVICES.

The Services provided on this website require you to open an account and to become a member of Marshall Reddick. To do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Marshall Reddick immediately of any unauthorized use of your account or any other breach of security. Marshall Reddick will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Marshall Reddick or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

As a condition of your use of the Services, you agree to not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Marshall Reddick server, or networks(s) connected to any Marshall Reddick server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Marshall Reddick server or to any of the Services, through hacking, password mining, reverse engineering, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

The Services may contain e-mail services, text message services, chat areas, news groups, forums, communities, links to commercial web pages, file storage areas and/or other message or communication facilities, such as for example voice mail or telephone services, designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another on this website.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Marshall Reddick has no obligation to monitor the Communication Services. However, Marshall Reddick reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Marshall Reddick reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever or no reason. Marshall Reddick reserves the right at all times to disclose any information as Marshall Reddick deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Marshall Reddick's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Marshall Reddick does not control or endorse the content, messages or information found in any Communication Services and, therefore, Marshall Reddick specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Communications Services managers and hosts are not authorized Marshall Reddick spokespersons, and their views do not necessarily reflect those of Marshall Reddick.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

SMS Consent Communication:

The Phone numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

Types of SMS Communications:

If you have consented to receive text messages from Marshall Reddick, you may receive messages related to the following:

• Appointment reminders
• Follow-up messages
• Listing Inquiries

Example:"It was nice meeting you at _"Property Address"_ I will email you the tenant application for you to apply to rent the home or you can apply on your phone by clicking this link: www.marshallreddick.com. You can reply STOP to opt out of SMS messaging from Marshall Reddick at any time."

Frequency: Message frequency may vary depending on the type of communication. For example, you may receive up to 1 SMS messages per week related to your requested property tour appointment.

Opt-In Method: You may opt-in to receive SMS messages from Marshall Reddick in the following ways:

• Verbally, during a conversation in a social setting
• By submitting an online form
• By submitting a request to one of our realtors

Opt-Out Method:You can opt out of receiving SMS messages at any time. To do so, simply reply "STOP" to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

Help: If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at www.marshallreddick.com.

Additional Options: If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

Standard Messaging Disclosures:

• Message and data rates may apply.
• You can opt out at any time by texting "STOP."
• For assistance, text "HELP" or visit our Privacy Policy and Terms and Conditions pages.
• Message frequency may vary.

By continuing to use our services, you agree to this SMS communication policy. For more details, please review our Privacy Policy and Terms and Conditions.

Event Cancellations and Reschedules:

If an event is less than three days away or a property tour is less than seven days away, we are unable to refund your tickets. This is because we have already incurred the costs associated with your expected attendance, such as food, room, transportation, etc.

If we cancel an event or property tour, we will contact you via e-mail and issue you a refund automatically. If we reschedule an event or property tour, we will contact you with the new date and time as soon as possible. If you cannot make the new scheduled time, let us know via e-mail or phone, and we will issue you a full refund.

Marshall Reddick does not claim ownership of the materials you may provide to Marshall Reddick via this website (including feedback and suggestions) or that you post, upload, input or submit to any Services or its associated services for review (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Marshall Reddick, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Marshall Reddick Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Marshall Reddick is under no obligation to post or use any Submission you may provide and Marshall Reddick may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these terms of use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to your warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these terms of use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these terms of use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these terms of use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these terms of use, of any of the Services (including, by way of example and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

The links on this website will let you leave Marshall Reddick's site. The linked sites are not under the control of Marshall Reddick and Marshall Reddick is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Marshall Reddick is not responsible for webcasting or any other form of transmission received from any linked site. Marshall Reddick is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Marshall Reddick of the site unless so stated. You understand and agree that any linked websites are provided to you "AS IS" and "WITH ALL FAULTS" without warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose.

Neither Marshall Reddick nor any of its employees accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, new promotions, new products or services, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Marshall Reddick's products or services or marketing strategies might seem similar to ideas submitted to Marshall Reddick. So, please do not send your unsolicited ideas to Marshall Reddick or to anyone at Marshall Reddick. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Marshall Reddick makes no assurances that your ideas and materials will be treated as confidential or proprietary to you.

It is the policy of Marshall Reddick to comply with all U.S. intellectual property laws and to act expeditiously upon receiving notice of claimed infringement.

All notices of claimed copyright infringement should be sent to:

Notices of claimed copyright infringement must contain the following information:

• A physical signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material in the copyrighted work that is claimed to be infringing or to be the subject of infringing activity.
• The address, telephone number, and e-mail address of the complaining party.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Marshall Reddick will terminate all accounts, subscribers or Affiliates who are repeat infringers of U.S. intellectual property laws.

Marshall Reddick reserves the right to change these terms of use at any time. Updated versions of the terms of use will appear on this web site and are effective when posted. You are responsible for regularly reviewing our terms of use. Continuing to use our web site after any such changes constitutes your agreement to such changes. No modification of these terms of use may be made by any person or entity other than by Marshall Reddick Real Estate.

You agree that the terms of this Agreement are severable. This means that if any term or provision of this Agreement is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and all remaining terms of the Agreement will remain in full force and effect.

You agree that any controversy or claim arising out of, or relating to, this Terms of Use of Website and Marshall Reddick Services, or your relationship with Marshall Reddick, including issues relating to arbitrability, shall be resolved pursuant to the Federal Arbitration Act by private, confidential, binding and final arbitration in Orange County, California, administered by the American Arbitration Association in accordance with the Commercial Rules of the American Arbitration Association then existing, and judgment on any arbitration award shall be final and non-appealable, except as authorized by law, and may be entered in any court having jurisdiction over the subject matter of the controversy. The arbitrator must have been a member of the State Bar of California for at least 15 years and be familiar with Internet technology and real estate agreements. The law governing the arbitration shall be the law of California. Copies of the American Arbitration Association's rules may be viewed at its web site at: www.adr.org.

This Agreement shall be governed by the laws of the State of California without regard to any conflict of law provisions. Any claim or controversy arising under this Agreement, the terms of use, our Privacy Statement or the business relationship between you and Marshall Reddick shall be resolved exclusively by private arbitration as set forth above and/or the State Superior Court and/or U.S. District Court located in the County of Orange, California.

The information you obtain at this web site is not, nor is it intended to be, legal or tax or financial planning advice and should not be construed as attempting to give such advice or to give a warranty of any kind.

[Ver. 110910] TERMS OF SERVICE (updated 2015/03)