AlleWest Subscription ProgramsAlleWest offers four different subscription plans to address the evolving phases of both our students and those interested in learning more about the Rent-to-Own process:
Two of these subscription plans are “limited access” to individuals who have attended AlleWest’s “Pass the Buyer” one-day seminar; are current or past members of Joe Crump’s “Six Month Mentorship Program”; or have completed Joe Crump’s “Push Button Method” instructional DVD series (for information regarding AlleWest seminars or Joe Crump’s mentorship program, please contact Laura Ries at
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).
The remaining two subscription plans are open to anyone who is interested in the Rent-to-Own Process, how it works and how it could benefit them as a buyer, seller, investor or realtor. AlleWest Website Subscription(limited access)$825 Initial Setup Fee$79.95 Monthly Maintenance Fee AlleWest.com represents a unique, multi-faceted website designed to not only serve as a portal to view our subscribers’ quality “rent-to-own” properties across the United States, but to educate consumers who are interested in the rent-to-own process but don’t yet understand how it works or how it can benefit them.
Once potential buyers, sellers, investors and realtors review the AlleWest.com website and appreciate how the rent-to-own process can benefit them, the website then directs these individuals from the national level to our subscribers’ home pages, based on regional, metropolitan, and/or suburban areas of interest.
Once these potential clients are delivered to our subscribers’ virtual front door, AlleWest then provides subscribers with a broad range of customized marketing tools, technology and sales support to help them add multiple properties to their inventories, enlist the help and spark the interest of local realtors and investors, and close “rent-to-own” deals at a success rate matched by no other organization.
An AlleWest Website Subscription allows individuals to immediately jump into the marketplace and focus on what they do best -- deal with buyers and sellers to move properties, utilizing marketing techniques and cutting-edge technology designed to maximize their efforts through AlleWest’s “turnkey”-style website.
The AlleWest Website Subscription includes the following: - A seamlessly integrated, personalized home page located within the main AlleWest.com website. This home page can be accessed through a regional property tab prominently displayed on AlleWest’s home page, or via a direct address link which can incorporate a pre-existing company or personal website.
The subscriber’s home page will include key introductory information including either the company name/ logo or individual’s name, address, phone/fax numbers, e-mail addresses, a brief description of the city/suburban areas where properties are available, brief biographies of key personnel and photos, and user-friendly information tabs to gather more data on the subscriber’s behalf (i.e., “for further details regarding selling your property as a rent-to-own, click here”).
- A subscriber-friendly “Available Properties” page, which enables easy uploading of photos and sales information regarding available rent-to-own properties. Once subscribers enter the information, AlleWest will edit verbiage as needed to ensure capturing the greatest interest.
- Outstanding, proactive marketing support: Every time new properties are posted, AlleWest will review and refine the property description and page formatting to ensure the listing is as attractive and desirable as possible to potential buyers.
Once our review is complete, AlleWest will immediately issue an email alert to all potential customers in the subscriber’s area, directing them to the new property listing. AlleWest will continue to market the property via voicemail and email alerts until the property is sold.
- Unlimited use of AlleWest’s email auto responder system, which will increase subscriber productivity by automatically generating customized letters to potential buyers, sellers, investors and realtors.
- Unlimited use of AlleWest’s voicemail blast system, as well as all associated scripts written/edited specifically for the subscriber’s audience(s): Subscribers are only charged for calls made, AlleWest pays all system, maintenance and membership fees.
- Unlimited downloads from AlleWest’s audio library, which include archive recordings of our weekly “Team Members Only” and “All Access Mentoring” conference calls, as well as Jim Dralle’s most popular motivational sales presentations.
- AlleWest’s monthly e-newsletter.
But as AlleWest stresses time and again, the most powerful technological tools, sales and marketing strategies, and accurate documentation are meaningless if our subscribers don’t understand how to effectively use them and adapt them to unique situations (especially in today’s ever-changing real estate market). So in addition to featuring your company’s active property listings on AlleWest’s website, subscribers also enjoy access to: - An open invitation to participate in both AlleWest’s “Team Members Only” and “Open Line” weekly conference calls, to have your specific questions personally addressed.
- Consistent lead generation: AlleWest’s website experiences hundreds of hits and inquiries per day from prospective buyers, sellers, investors, mortgage brokers, builders and realtors from across the United States.
The moment interest is expressed in a subscriber’s region, the AlleWest website will notify them via email, as well as immediately incorporate the lead into the auto responder system. This key administrative function ensures that our subscribers’ rapidly growing lists of active leads remains organized, never allowing anyone to fall through the cracks.AlleWest Sales Support Subscription(limited access)$129.95 per month This AlleWest subscription is designed for individuals who are either just learning to move properties on a “Rent-to-Own” basis and could benefit from additional sales support and a morale boost from time to time -OR- investors who have already closed a few deals but would appreciate mentor-style feedback and brainstorming.For $129.95 a month, AlleWest will provide pay-as-you-go access to and usage of select sales correspondence and scripts: Voicemail message scripts to cold-call buyers, sellers, investors and/or realtors who have placed ads in newspapers or with websites such as Buy Owner or Craigslist. Unlimited use of AlleWest’s voicemail blast system, as well as all associated scripts written/edited specifically for the subscriber’s audience(s): Subscribers are only charged for calls made, AlleWest pays all system, maintenance and membership fees. Unlimited downloads from AlleWest’s audio library, which include archive recordings of our weekly “Team Members Only” and “All Access Mentoring” conference calls, as well as Jim Dralle’s most popular motivational sales presentations. Introductory letters to local realtors and the subsequent 'offer letters.' A weekly conference call to exchange ideas with other members and to address your specific questions. AlleWest’s monthly e-newsletter.
AlleWest Phone Support Subscription(open access)$59.95 per monthThis AlleWest subscription plan was recently added for students who are moving rent-to-own properties on a part-time basis and would like to remain in contact with fellow students, keep abreast of real estate news and receive encouragement to continue on their path to becoming full-time investors, and for individuals who are interested in learning more about the Rent-to-Own Process, how it works and how it could benefit them as a buyer, seller, investor or realtor.
For $59.95 a month, subscribers are invited to participate in AlleWest’s All Access Mentoring weekly conference call and will receive copies of the monthly e-newsletter. AlleWest Newsletter Subscription(open access)$29.95 per monthA straight-forward subscription to AlleWest’s monthly e-newsletter, open to anyone who is interested in learning more about the Rent-to-Own Process, how it works and how it could benefit them as a buyer, seller, investor or realtor. A Note Regarding AlleWest Subscription PlansAs these subscription plans are pay-as-you-go programs, your access to and usage of the listed documents and services is limited to paid subscription months only, and all materials will remain the copyrighted property of AlleWest Consolidated, LLC both during the subscription period and after the subscription period is either host or user-terminated.
For complete copies of the AlleWest website's "Terms of Use", "Privacy Policy" and "Purchase Agreement" documents, please review the following pages. AlleWest Consolidated, LLC"Website Terms of Use" 1. ACCEPTANCE OF TERMS
AlleWest Consolidated, LLC’s company website, www.AlleWest.com (referred to hereafter as "the Website"), provides a national portal to review a select collection of real-estate related online resources, including nationally available rent-to-own property listings (“Listings”), subject to the following Terms of Use ("Terms"). By using the Website in ANY way, you are agreeing to comply with the Terms.
Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with AlleWest Consolidated, LLC’s website in any way, your only recourse is to immediately discontinue use of the AlleWest website. AlleWest Consolidated, LLC has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
AlleWest Consolidated, LLC reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. To remain apprised of any changes to AlleWest Consolidated, LLC’s website Terms of Use, this full document will remain posted on the AlleWest website under the “Legal” tab.
3. CONTENT
AlleWest Consolidated, LLC enables website Subscribers to post information (Listings) regarding available rent-to-own properties throughout the United States. You understand that all postings, text, photos, or other materials ("Content") posted on, transmitted through, or linked from the Website are the sole responsibility of the Subscriber from whom such Content originated.
More specifically, Subscribers are entirely responsible for each individual listing ("Listing") of Content that they post, email or otherwise make available via the Website. You understand that AlleWest Consolidated, LLC does not control, and is not responsible for Listings made available through the Website, and that by using the Website, you may be exposed to Content that is inaccurate or misleading.
AlleWest Subscribers are entirely responsible to serve as the principal in each of the properties they represent and post to the Website. Subscribers are not to post information (Listings) until they are in possession of approved and signed paperwork/contracts such as, but not limited to, lease option memos, land contracts, contracts for deed, multi-mortgage, subject to, and/or purchase agreements
Furthermore, the AlleWest site and Content available through the Website may contain links to other websites, which are completely independent of AlleWest Consolidated, LLC. AlleWest Consolidated, LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content and/or Listings, that you may not rely on said Content and/or Listings, and that under no circumstances will AlleWest Consolidated, LLC be liable in any way for any Content and/or Listings or for any loss or damage of any kind incurred as a result of the use of any Content and/or Listings posted, emailed or otherwise made available via the Website.
You acknowledge that AlleWest Consolidated, LLC may rewrite Subscriber Content and/or Listings for marketing purposes, but does not verify the accuracy of the information originally provided by the individual Subscriber. AlleWest Consolidated, LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content and/or Listings that are available via the Website, for violating the letter or spirit of the Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The AlleWest site, Content and/or Listings available through the Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of AlleWest Consolidated, LLC, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that AlleWest Consolidated, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that AlleWest Consolidated, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release AlleWest Consolidated LLC, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AlleWest Consolidated, LLC regarding your claim of copyright or other intellectual property infringement at
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-- OR --
Laura Ries (Agent)
AlleWest Consolidated, LLC
2001 Kingsbury Estates Drive
Plainfield, IL 60586-6244
Please provide our Agent with the following Notice:
a) Identify the material on the AlleWest site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
AlleWest Consolidated, LLC will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
This information applies to AlleWest Consolidated, LLC’s website and the services we provide:
When you register or enter information on our Website, AlleWest Consolidated, LLC collects your personal information. AlleWest Consolidated, LLC then uses the information to provide the requested products and/or services, to better personalize the Website for our Users and Subscribers, to communicate with them, to help enforce our Terms of Use, to prevent fraud, and to maintain Website safety.
AlleWest Consolidated LLC discloses your information within our Website to facilitate your transactions, but never provides your personal information to other companies.
AlleWest Consolidated, LLC does not send spam, and does not permit spam on our website.
Your use of the Website signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that AlleWest Consolidated, LLC may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of AlleWest Consolidated, LLC, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that violates the Fair Housing Act by stating, in any rent-to-own listing, 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);
c) that impersonates any person or entity, including, but not limited to, an AlleWest Consolidated, LLC employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
d) that includes personal or identifying information about another person without that person's explicit consent;
e) that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
f) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
g) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
h) that constitutes or contains any form of advertising or solicitation if: Posted in areas of the Website which are not designated for such purposes; or emailed to AlleWest users who have not indicated via our Web Response Form that it is acceptable to contact them about other available properties or related investor or realtor-based services;
i) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; or
k) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted through the Website.
Additionally, you agree not to:
l) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
m) "stalk" or otherwise harass anyone;
n) attempt to gain unauthorized access to AlleWest Consolidated, LLC’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the AlleWest website.
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content and/or Listings to the Website on behalf of others. To moderate demands on AlleWest Consolidated, LLC resources, subscribers may not use a Posting Agent to post Content to the Website without express permission or license from AlleWest.
Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting
Content on behalf of others, except with express permission or license from AlleWest Consolidated, LLC.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email to AlleWest Consolidated, LLC email addresses or through AlleWest’s computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Illinois and Indiana. Any unauthorized use of AlleWest’s computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his/her agents to civil and criminal penalties.
10. PAID POSTINGS
AlleWest Consolidated, LLC does not charge a separate fee to post each “available property listing” on the Website. Organizations and/or individuals pay a one-time setup fee to create a customized page for their sales territory, then a monthly access and maintenance fee to permit Content to be posted in designated area(s).
Each party posting Content to the Website (Subscriber) is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Website for violating the Terms.
11. LIMITATIONS ON SERVICE
You acknowledge that AlleWest Consolidated, LLC may establish limits concerning use of the Website, including the maximum number of days that Content will be retained by the Website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Website. You agree that AlleWest Consolidated, LLC has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website. You acknowledge that AlleWest Consolidated, LLC reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that AlleWest Consolidated, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
12. ACCESS TO THE SERVICE
AlleWest Consolidated, LLC grants you a limited, revocable, nonexclusive license to access the Website for your professional use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by AlleWest Consolidated, LLC.
A limited exception to (b) is provided to general-purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses that use an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings of any real estate services or available housing classifieds.
AlleWest Consolidated, LLC will permit you to display on your website, or create a hyperlink on your website to, individual postings on the AlleWest Website so long as such use is for commercial, marketing and/or public relations purposes. By request, AlleWest Consolidated, LLC may also create a hyperlink to our national home page site on your behalf, so long as the link does not portray AlleWest Consolidated, LLC, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Website beyond the scope of authorized access granted to you by
AlleWest Consolidated, LLC immediately terminates said permission or license. Subscribers and Users may not collect, aggregate, copy, duplicate, display or make derivative use of the Website or any Content made available via the Website for any other purposes (including commercial purposes) not stated herein, without first obtaining permission from AlleWest Consolidated LLC.
13. TERMINATION OF SERVICE
You agree that AlleWest Consolidated, LLC, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any Content within the Website, for any reason, including, without limitation, if AlleWest Consolidated, LLC believes that you have acted inconsistently with the letter or spirit of the Terms.
Further, you agree that AlleWest Consolidated, LLC shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the Terms.
14. PROPRIETARY RIGHTS
The Website is protected to the maximum extent permitted by copyright laws. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of AlleWest Consolidated, LLC. You further agree not to reproduce, duplicate or copy Content from the Website without the express written consent of AlleWest Consolidated, LLC, and agree to abide by any and all copyright notices displayed on the Website.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained on the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
Although AlleWest Consolidated, LLC does not claim ownership of content that its Subscribers post, by posting Content to any Subscriber area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to AlleWest Consolidated, LLC, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content.
Furthermore, by posting Content to any subscriber area of the Website, you automatically grant AlleWest Consolidated, LLC all rights necessary to prohibit any subsequent aggregation, display, copy, duplication, reproduction, or exploitation of the Content on the Website by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE ALLEWEST CONSOLIDATED, LLC WEBSITE (www.AlleWest.com) INCLUDING ITS PROPERTY-LISTING SERVICES IS ENTIRELY AT YOUR OWN RISK. INFORMATION CONTAINED IN INDIVIDUAL PROPERTY LISTINGS ON THE ALLEWEST WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALLEWEST CONSOLIDATED, LLC DISCLAIMS ANY WARRANTIES FOR THE RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ALLEWEST WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLEWEST CONSOLIDATED, LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR REFERRED TO ON THE ALLEWEST WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ALLEWEST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLEWEST CONSOLIDATED, LLC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ALLEWEST SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ALLEWEST CONSOLIDATED, LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ALLEWEST CONSOLIDATED, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ALLEWEST WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ALLEWEST WEBSITE, FROM
INABILITY TO USE THE ALLEWEST WEBSITE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ALLEWEST WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS MARKETED IN CONNECTION WITH THE ALLEWEST SITE OR ANY LINKS ON THE ALLEWEST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR MARKETED IN CONNECTION WITH THE ALLEWEST SITE OR ANY LINKS ON THE ALLEWEST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold AlleWest Consolidated, LLC, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content and/or Listings you submit, post or make available through the Website, your use of the Website, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The Terms of Use (the Terms) constitute the entire agreement between you and AlleWest Consolidated, LLC and govern your use of the Website, superceding any prior agreements between you and AlleWest Consolidated, LLC. The Terms and the relationship between you and AlleWest Consolidated, LLC shall be governed by the laws of the State of Illinois without regard to their conflict of law provisions. You and AlleWest Consolidated, LLC agree to submit to the personal and exclusive jurisdiction of the Will County Court System seated in Joliet, Illinois.
The failure of AlleWest Consolidated, LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms by contacting Laura Ries at
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. AlleWest Consolidated, LLC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for AlleWest Consolidated, LLC to pursue legal action to enforce these Terms, you will be liable to pay AlleWest Consolidated, LLC the following amounts as liquidated damages, which you accept as reasonable estimates of AlleWest Consolidated, LLC’s damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay AlleWest Consolidated, LLC one thousand dollars ($1,000) for each such message.
b. If you send unsolicited email advertisements to AlleWest Consolidated, LLC’s email addresses or through AlleWest Consolidated, LLC’s computer systems, you agree to pay AlleWest twenty-five dollars ($25) for each such email.
c. If you post Content in violation of the Terms, other than as described above, you agree to pay AlleWest one hundred dollars ($100) for each Item of Content posted. AlleWest Consolidated, LLC will issue a single, written warning before assessing damages.
d. If you are a Posting Agent that uses the Website in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay AlleWest Consolidated, LLC one hundred dollars ($100) for each and every Item you post in violation of the Terms.
A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Website (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay AlleWest Consolidated, LLC an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without AlleWest Consolidated LLC's express permission, you agree to pay AlleWest five thousand dollars ($5,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay AlleWest Consolidated, LLC's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, AlleWest Consolidated, LLC retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
20. FEEDBACK
We welcome your questions and comments on this document. AlleWest Consolidated, LLC"Website Privacy Policy" This Privacy Policy describes the terms of AlleWest Consolidated, LLC’s commitment to your privacy.
PERSONS OR PARTIES COVERED
This Privacy Policy is intended to cover all visitors to the AlleWest website (referred to herein as “Website”), all subscribers to lists or newsletters whether paid or free, all members or affiliates whether paid or unpaid, and all customers. Persons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as "Visitors" and are parties to this Privacy Policy. Subscribers to available property lists or newsletters are referred to herein as "Informational Subscribers", and Subscribers who post information to the AlleWest website are referred to herein as “Posting Subscribers,” and both groups are parties to the Privacy Policy. Persons who order, attempts to order, or receive a product sold (recipients) or promoted on or delivered from this website, even at no cost, is called a "Customer" herein and is subject to this Privacy Policy not only by passive acceptance, but by virtue of the Purchase Agreement contract. The website, its agents, owners, operators, and employees are referred to collectively herein as "Website," "Site," and/or "Seller".
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
In the event that a person excluded from this Website because of AlleWest’s Terms of Use or from denial of service by the Website, who nonetheless unlawfully views this Site, that person remains subject to the terms of this Privacy Policy and is in violation of the Terms of Use.
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
This Website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the age of 18 you must leave this site immediately. Fraudulent use of this Website may make you subject to civil or criminal sanctions.
VIEWING AND/OR USE IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY
Acceptance of the terms of this Privacy Policy is a portion of the consideration required for your right to visit the website. If you do not accept these terms, you have no right to visit this site and you are fraudulently using this site.
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely collects information about its visitors, subscribers, members, and customers. This information is obtained as follows:
VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM 'REGISTRATION'
Registration means that the Visitor, Informational and/or Posting Subscriber or Customer takes active, positive steps to communicate information to this Website. This includes pages where you register for newsletter subscriptions or available property mailings; requesting information from the website via email, mail, or courier; or from ordering a product.
ONLINE ORDERING
In an effort to minimize operating costs while maximizing security, AlleWest Consolidated, LLC conducts all online financial transactions via PayPal invoicing services which is then supported by merchant service companies like Visa and Master Card. Therefore, while in the process of online ordering, the customer provides name, address, city, state, email address, phone number, and a CVV2 (back of card) number. All this information is maintained by the merchant service companies and is not made available to AlleWest Consolidated, LLC.
VISITOR EMAIL INQUIRIES
Website visitors who wish to communicate with the Website do so under two conditions: one, they give their permission for contact by the website; two, they are subject to any ‘submission’ provisions of the Terms of Use, Purchase Agreement, or this Privacy Policy. While your email address may or may not be used to solicit you, it is added to the Website's general database.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the Website, or if you communicate with the Site by phone or mail, the Website collects information about your communication and by communicating with the Site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the Site sees fit.
Any communication which, in its sole discretion, the Site deems to be a testimonial, may be publicized for marketing purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND 'COOKIES'
Many websites, including this one, collect information about your computer, your email address and your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.
"Cookies" is a web term for the bits of computer code placed on your hard drive. Websites use this tool to keep you 'logged in', to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration or your computer use.
Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this site you are expressly giving the Website permission to use 'cookies' and to use the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site.
HOW INFORMATION MAY BE USED
The use of information as described below may or may not be how information that is collected is customarily used by this site. While actual use of any information collected may be used quite conservatively, you must assume that it is not. You must assume that information collected is shared with other persons or entities for commercial purposes. While this is uncommon in practice, you must assume that it is as you make your decision whether or not to view or interact with this website. This type of shared information may include your name, address, phone number, email address and buying habits, as well as other information. This information may be used for general commercial solicitation by this website or other persons it is sold to, rented to, or shared with.
INFORMATION THAT IS NOT SHARED
Due to AlleWest’s complete reliance on PayPal for all the Website’s financial transactions, credit card information or other financial information is completely unknown to the Website. However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies. However, the provider of such information gives express permission to use it in fraud investigation or for litigation.
SPAM
By providing to this Website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this Website since, by providing such information, you agree to receive communication from AlleWest. However, all email communication with you will contain an 'unsubscribe' link where you may notify the Website that you no longer wish to receive solicitations or information from the Website, and your information will be removed from the general database.
DATA SECURITY
This Website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as "hackers," and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
Please direct questions, comments or reports to:
Laura Ries
AlleWest Consolidated, LLC
2001 Kingsbury Estates Drive
Plainfield, IL 60586
Re: Privacy Policy
REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
In an effort to keep current with ever-evolving internet privacy laws, AlleWest’s Privacy Policy is dynamic and will continually change. You may not assume that it remains the same and you agree to check the policy each time you visit the Site for changes. Unless, in the sole opinion of the Website, this policy changes so drastically as to suggest a posted notification on the site or via email, you will receive no notification of changes to our Privacy Policy nor, under any circumstances, does this Site promise notification. Your continued use of this Site always evidences your acceptance of the terms of this Privacy Policy or any modification(s).
LATEST UPDATE
This Privacy Policy was last updated on April 1, 2008.
DISPUTES
As part of the consideration that the Website requires of the Visitor to view, use, or interact with this site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to usage of this Website, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, 10th Floor, New York, NY, 10017-4605. Hearings will take place in the city or county of the Website.
In no case shall the Visitor have the right to go to court or have a jury trial. Visitors will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including but not limited to, attorney fees, collection fees, investigation fees and travel expenses.
JURISDICTION AND VENUE
If any matter concerning usage of this Site shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. Plainfield, Illinois, Will County. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Website’s host address.
APPLICABLE LAW
Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the Website owner(s). AlleWest Consolidated, LLC"Website Purchase Agreement"THIS PURCHASE AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT, YOU RECEIVE CERTAIN RIGHTS DUE YOU AS THE BUYER (REFERRED TO HEREIN AS “THE BUYER”) FROM ALLEWEST CONSOLIDATED, LLC (REFERRED TO HEREIN AS “THE SELLER”), AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU AS THE BUYER. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT SELL A SUBSCRIPTION PLAN TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners, referred to herein as "SELLER," and you, the prospective purchaser, referred to herein as "BUYER". The recipient of the subscription herein sold, where said subscription is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is one of three subscription plans described in promotional or sales materials or on the AlleWest website, www.AlleWest.com (referred to herein as “WEBSITE”) and/or in an email referencing this WEBSITE, and said WEBSITE and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the subscription that is the subject matter of this Purchase Agreement. This bundle of offerings, which may include additional items promoted on the order page, shall, together, be termed “Subscription” throughout this agreement but the word “Subscription” shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.
REFUND POLICY
The subscriptions referenced herein are sold as individual installments, and billed to the Buyer on a monthly basis. If the Buyer does not contact the Seller during the current subscription period (where “subscription period” is defined as beginning the first day of the calendar month and ending the last day of the calendar month), Buyer agrees that the Seller may construe silence as a full, complete and final acceptance of the current subscription period with no further right of redress for any reason due the Buyer.
Furthermore, if Buyer is not satisfied with the subscription plan purchased, the refund issued by AlleWest Consolidated, LLC shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
FURTHER DESCRIPTION OF THE SUBSCRIPTION PLANS
Buyer warrants an understanding that the subscriptions may actually be comprised of different elements. For example, copies of sales scripts and examples of signage content may be shared in both DVD and printed formats, and that unlimited access to audio downloads may be the responsibility of the Buyer. Additionally, unless specified in the sales and promotional materials and unless all conditions are met, the Buyer has no license, permission or right to distribute, duplicate or sell any elements of this subscription in any form during the subscription period, or to use, distribute, duplicate or sell any elements of this subscription whether for profit or not to any person for any reason at the termination of the subscription.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for the subscription that the Seller requires as the total monthly price of the subscription. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego.
By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates and improvements, and/or telephone calls from the Seller for the purpose of solicitation related to the subscription or any other product or service. Buyer agrees that while all personal information about the Buyer or his/her buying habits and preferences, including address and phone number, may be placed in a general database, Seller agrees that this information WILL NOT be shared, rented or sold to third parties. The Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the 'unsubscribe' link in solicitations. The Buyer retains the right to have his/her name removed from AlleWest’s general database. Buyer understands that he/she retains all rights to directly restrict communication or solicitation from the Seller.
The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this subscription, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the subscription is received.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he/ she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he/she is present when he/she makes this purchase, and is the true and authorized owner of the credit card used to make this purchase.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he/she authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he/she uses trickery to receive more than one refund, or if he/she causes a fraudulent dispute claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
Subscription plans are sold 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees absolutely nothing. There is no 'warranty period.' When the Buyer is purchasing a subscription from, or to post to, this Website, the subscription terms specified in the sales/solicitation materials are controlling.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this subscription, including but not limited to, ingestion of or application to Buyer's person, the use of the subscription personally or in business, all taxes and regulations applicable to this subscription, and all legal compliance issues related to this subscription. Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this subscription. Buyer agrees, as part of the consideration required to purchase this subscription, to carefully review this subscription and to immediately terminate same if it is not satisfactory to Buyer.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this subscription disclaims all liability for the subscription or damages resulting from use or installation or reliance upon this subscription for any reason. Buyer alone accepts full responsibility for allowing others to use this subscription. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the subscription itself that is unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this subscription or from subsequent contact with Seller.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this subscription, or no matter what damage may be allegedly or actually caused by the use of this subscription, or no matter the harm or damage that may result directly or indirectly from the purchase of this subscription, for any reason whatsoever, that the absolute maximum extent of Seller's liability shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
Buyer agrees and understands that Seller, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this subscription, including harm to buyer's computer hardware or software from worms, viruses, or other defects in the subscription or computer codes that cause harm. Seller disclaims liability for Buyer's interaction with other visitors or members of the Website.
LIMITATION OF LIABILITY FROM ERRONEOUS SUBSCRIPTION CONTENT
Buyer agrees that the Seller's total liability, even for erroneous subscription content that causes damage to the Buyer, shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE SUBSCRIPTION
Buyer agrees that the Seller's total liability, even from harm caused to the Buyer or to others from use of the subscription, shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller's total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation of liability.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES/PROMOTIONAL MATERIALS OR SUBSCRIPTIONS
If claims about results from using this subscription or if claims about income or earnings resulting from the use of this subscription are made, such claims are true for the persons who made the claims, including claims made by the Seller about its own experience with the subscription.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results. Most Buyers buy this subscription to make money and, in fact, make no money. Some Buyers buy this subscription, never read the newsletters, never participate in the weekly conference calls, and never attempt to implement any of the marketing techniques. Some Buyers follow the marketing strategies, put in the hard work required, and make money.
The subscription plans promoted on this Website will not make you wealthy overnight. The subscription plans offered and sold to Buyers were developed to teach others how to successfully market rent-to-own properties, and the techniques have all been proven to be successful money-makers in current market situations. The income and earnings statements, if any, will reflect the more successful cases and Buyer should not construe this as being the 'average' or usual success stories. If the Buyer is willing to implement the marketing strategies that are shared, to hone his/her sales skills and to work at moving properties steadily, the Buyer will enjoy financial success. Even part-time efforts may bring in extra money each month. But moving properties on a rent-to-own basis requires learning skills that the Buyer may not have the background to easily duplicate, and will certainly require ongoing practice and education to keep the Buyer’s efforts directed and focused.
As the subscription plan the Buyer is purchasing involves a recurring fee, the Buyer has the right to terminate the subscription upon notice to the Seller. In this case, the promotional materials describing the subscription and the remedy for dissatisfaction shall be controlling. As the promotional materials say that fees are not refundable, then they are not.
Where this disclaimer and claims made in sales and promotional materials or the subscription are in conflict, this Purchase Agreement shall be controlling except, and unless, the Seller deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and does not prevail in court or at arbitration.
No warranties are made whatsoever about the amount of money, if any, that Buyer will earn from this subscription and Buyer warrants an understanding that Buyer's only course of action is to test this subscription and material contained therein for the extent of thirty days, and that if Buyer is not satisfied prior to the expiration of the thirty-day subscription, then Buyer will not purchase further thirty-day, monthly subscriptions.
Buyer, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this subscription, the maximum amount of liability shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of the Privacy Policy of Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly accepts the Terms of Use of the Seller's website.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller's sole discretion.
INDEMNIFICATION
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the subscription or information contained on this Website that results in a damage award against the Seller.
RIGHT TO STOP SELLING SUBSCRIPTION
Buyer agrees that Seller has the right to discontinue the subscription programs at any time without notice.
ARBITRATION
As part of the consideration that the Sellers requires, Buyer agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to purchase of this subscription, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules and its forms are available from the American Arbitration Association, 335 Madison Avenue, 10th Floor, New York, NY 10017-4605. Hearings will take place in the city or county of the Seller.
In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; Buyer will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including but not limited to, attorney fees, collection fees, investigation fees and travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. Plainfield, Illinois, Will County. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.
APPLICABLE LAW
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
NOTICE
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted 'unsubscribed' notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a Program, Product or Website, or Modification of the terms of service. Additionally, the Buyer grants Seller irrevocable right to contact him/her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.
COSTS
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
MODIFICATION
This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing and signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms and conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
The Seller's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
SELLER CONTACT INFORMATION
The Seller of this subscription is:
AlleWest Consolidated, LLC
Laura Ries
2001 Kingsbury Estates Drive
Plainfield, IL 60586
FINAL ACCEPTANCE
By taking the affirmative step of checking the "I Accept" Acceptance Box on the AlleWest Order Form, and the purchasing of a subscription, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this complete Purchase Agreement contract.
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