TERMS OF SERVICE

IMPORTANT! These Terms of Use & Service (“TERMS OF USE”) govern your use of the Site and other Products or Subscriptions (“SITE”), which are provided by Achieve Property, its officers, directors, employees, agents, affiliates, licensors, service providers, subsidiaries, parent companies, predecessors, and/or successors-in-interest (“ACHIEVE PROPERTY”).
 
This End User License Agreement (EULA) is a legal agreement between yourself and Achieve Property to use and access the website at www.AchieveProperty.com as an Educated Investor Member, a PriceFinder-Limited Member or another Member level, or as a ‘visitor’, and for the use of the PriceFinder website at www.pricefinder.com.au under a licence from Achieve Property, for users who have access as part of their membership package. Access includes but is not limited to databases and compilations which could include printed materials, media, “online” or electronic documentation, and Internet-based services.
 
BY ACCESSING THE SITE AS A VISITOR, CUSTOMER, MEMBER OR SUBSCRIBER (“SUBSCRIBER”), YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY ACHIEVE PROPERTY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

 
DEFINITIONS
 
Claim means any claim or cause of action including but not limited to: in contract; in tort; or under statute (including but not limited to Part V or Part VI of the Trade Practices Act or the corresponding provision of any country, state or territory enactment)
 
Intellectual Property means any intangible or tangible asset belonging to Achieve Property and relating to the website or materials. For clarity, this includes any and all registered or unregistered business names, trade marks, designs, copyrights, patents, systems, policies, manuals, innovations, data, reports, Website and Database, source codes, design specifications, manufacturing instructions, trading names, confidential information reasonably necessary or other intellectual property desirable to operate and promote the website operated by Achieve Property Pty Ltd.
 
User, Customer, Member, or Subscriber means you as the end user (either an individual or a corporation).
 
Achieve Property means Achieve Property Pty Ltd (ABN: 401 346 401 27)
 
GRANT OF LICENSE
 
Achieve Property grants you the following rights provided that you comply with all terms and conditions of this Agreement:
 
1. Access to This Site
 
1.1 YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
 
1.2 To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Achieve Property believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
 
1.3. Under this agreement, you may install, use, access, view and display the content of this website but must protect the integrity of their content ( “Secure Content”) so that their intellectual property, including copyright, in such content is not misappropriated.
 
1.4. This Agreement gives the user the right to access the website at achieveproperty.com, and watch training videos, and download content that is identified and authorised for download. Users are also authorised to access the website at pricefinder.com.au with their log-in details as issued by Achieve Property (for users who are granted a licence) provided they adhere to PriceFinder’s terms and conditions, which are available at first log-in at pricefinder.com.au.
 
1.5. Other than outlined in Condition 1.4, this Agreement does not grant the user any rights to use the Website, source codes, database, materials, layout, tables or design components contained in the website to develop reports, data or marketing that uses Achieve Property’s copyrighted materials and other intellectual property.
 
1.6. By using this website, you explicitly authorise Achieve Property or its designated agent to access and utilise the necessary information for updating purposes. Achieve Property may use this information solely to improve our Website and Databases or to provide customised services or technologies to you. Achieve Property may disclose this information to others, but not in a form that personally identifies you.
 
1.7 Access to the website at achieveproperty.com or to the website at pricefinder.com.au is granted to a single User and access details including but not limited to log-in details and password must not be shared with any other users.
 
1.8 Under no circumstances may any materials or content available on achieveproperty.com, be sold, rented or distributed, in whole or part, without written permission from an authorised representative of Achieve Property. In the event that Achieve Property is contacted for the purpose of obtaining permission for sale, rent or distribution of materials or content and no answer is received then no sale, rental or distribution of materials or content may occur.
 
2. Refunds, Cancellations, and Billing Policy
 
2.1 All products, except Trials, are backed by a 30-day money back guarantee or as stated on the website from which you purchased. Achieve Property has rights to change refund policy at any time, but such changes will be reflected on future orders not past orders.
 
2.2 Guarantee starts from, and includes, the purchase date. Purchase date and time is determined based on Melbourne Time in the Australia at the time of your purchase. Refund requests or products returned after the refund policy has expired are not subject to a refund and a refund will not be issued.
Products returned after the policy has expired will be shipped back to the customer.
 
2.3 For multi-payment options, only the first payment is refundable and only within the first 30 days of the multiple payment term. Subsequent payments are non-refundable but, of course, if you refund within the first 30 days, your card will no longer be billed for subsequent payments.
 
2.4 For any product refund, a refund request must be sent to our office, in writing, in order for a refund to be processed.
 
2.5 For cancellation of your Subscription, or to request a refund, you may:
 
– Login to our site, accessible from https://AchieveProperty.com, and submit your request on our Support page for Subscribers, or

– email our Support Team at enquiries@achieveproperty.com , or

– send a letter to our mailing address.
 
Be sure to include ALL of your contact information with your request: Full Name, Email associated with your Subscription, and the name of the product, Subscription, or course you wish to have refunded so we can find you in our systems. This is to prevent fraudulent orders.
 
2.6 Refund of a physical product (like a book or DVD) also requires return of the physical product, to a Australian address we designate, at your own expense. A full refund requires that the product remains in ‘like new’ condition (suitable for resale) and that the shipment is postmarked by the expiration date of your 30-day guarantee period. Physical product returns, must be accompanied by prior authorization. You must contact our Support team for the required “Return Authorization” before shipping anything to us.
 
Shipping paid at time of purchase is not refundable, but any sales taxes collected will be refunded along with the purchase, if authorized.
 
2.7 Upon acknowledgement of a refund request, please allow 5 to 15 business days for the refund transaction to post to your account. Transaction times depend on the policies of your bank or credit card companies.
 
2.8 In the case of monthly products (i.e. Monthly newsletters), you have 30 days to cancel the subscription to receive a refund for your initial payment. You are under no obligation to continue the subscription and can cancel at anytime by contacting support at enquiries@achieveproperty.com . Upon cancellation your card will not be billed again.
 
3. Restrictions On Use And Reservations of Rights and Ownership
 
3.1 You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without Achieve Property’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of Achieve Property. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Achieve Property in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.
 
3.2 The right to use AchieveProperty.com, and all related URL’s (collectively, “Achieve Property Sites”) is personal to the Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
 
3.3 Subscriber shall use Achieve Property Sites for lawful purposes only. Subscriber shall not post or transmit through Achieve Property Sites any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, fraudulent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Achieve Property’s express prior approval, contains advertising or any solicitation with respect to third-party products or services. Any conduct by a Subscriber that in Achieve Property’s discretion restricts or inhibits any other Subscriber from using or enjoying Achieve Property Sites will not be permitted. Subscriber shall not use Achieve Property Sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Achieve Property Sites.
 
3.4 Achieve Property reserves all rights not expressly granted to you in this Agreement. The Website and Materials is protected by copyright and other intellectual property laws and treaties. Achieve Property or its suppliers own the title, copyright, and other intellectual property rights in the Website and Materials. The Website and Materials is licensed, not sold.
 
4. Termination/Access restriction
 
4.1 Achieve Property reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice. In the event Achieve Property terminates your access to this Site, Achieve Property will either prorate your yearly Subscription amount and refund you the remainder of your Subscription year, or refund your last monthly payment if you are on a monthly recurring Subscription. Subscribers with “Lifetime” access will be refunded a pro-rated amount based on the expected product lifetime of 15 years. All refunds shall be processed and made within thirty (30) days of termination.
 
5. Proprietary Information
 
5.1 The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Achieve Property is the proprietary information of Achieve Property or the party that provided the Content to Achieve Property and Achieve Property or the party that provided the Content to Achieve Property retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Achieve Property or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Achieve Property’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
 
5.2 This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
 
6. Hyperlinks
 
6.1 This site may be hyperlinked to other sites which are not maintained by, or related to, Achieve Property. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Achieve Property. Achieve Property has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and Achieve Property makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Achieve Property of that site.
 
7. Submissions and Testimonials
 
7.1 You hereby grant to Achieve Property the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, testimonials, endorsements, ideas, graphics, or other information communicated to Achieve Property through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. By posting or submitting any material (including, without limitation, comments, testimonials, blog entries, photos and videos) to us via the Site, you are representing that you are the owner of the material, or are making your posting or Submission with the express consent of the owner of the material. Achieve Property will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Achieve Property operations.
 
7.2 With regards to testimonials, comments, or endorsements posted on this Site or sent to Achieve Property, Mark Kelman or any advisors of Achieve Property via e-mail or regular mail, you acknowledge that Achieve Property may use your testimonials, comments and/or endorsements to promote and advertise the Site. You hereby grant Achieve Property permission to utilize your name, appearance, content of e-mail or letter, voice and/or likeness in connection with any testimonial, comment, or endorsement. This permission extends to publicity of the Site in any and all manner and media throughout the world in perpetuity. You hereby waive any right that you may have to inspect or approve any testimonial, comment or endorsement prior to posting.
 
7.3 You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Achieve Property from their creation. Thus, Achieve Property shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Achieve Property all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
 
7.4 You acknowledge that Achieve Property has the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
 
8. Disclaimer
 
8.1 Achieve Property is not an investment advisory service, is not an investment advisor, and does not provide personalized financial advice or act as a financial advisor. Please review the Earnings Disclaimer on our website for additional information.
 
8.2 You understand that Achieve Property cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Achieve Property, does not assume any responsibility or risk for your use of the Internet.
 
8.3 The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Achieve Property. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own personal or professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
 
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ACHIEVE PROPERTY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ACHIEVE PROPERTY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACHIEVE PROPERTY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ACHIEVE PROPERTY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ACHIEVE PROPERTY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ACHIEVE PROPERTY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
 
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Achieve Property does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
 
9. Your Privacy
 
9.1 Achieve Property will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on its site.
 
10. Third Party Content
 
10.1 Achieve Property is primarily a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Achieve Property has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user, are those of the respective author(s) or distributor(s) and not of Achieve Property. Neither Achieve Property nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to the Sections below for complete provisions governing limitation of liabilities and disclaimers of warranty).
 
11. Dispute Resolution. Mediation and Binding Arbitration
 
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
 
11.1 Most Subscriber concerns can be resolved quickly and to the Subscriber’s satisfaction by contacting our customer service department at https://achieveproperty.com/support. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if Achieve Property has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes first through good faith mediation and then through binding arbitration, instead of in courts of general jurisdiction.
 
11.2 As such, we agree to submit any dispute, claim or controversy arising out of your use of the Site or your Subscription with Achieve Property to private mediation. In the event that we are unable to reach an amicable resolution to the dispute at the mediation, the dispute, claim or controversy arising under this Agreement shall be resolved by binding arbitration and shall be construed and interpreted in accordance with the laws of the state of Victoria. Good faith mediation is a pre-requisite to filing any arbitration claim.
 
11.3The fees and expenses of arbitrator shall be shared equally by each of us and advanced from time to time as required; provided that at the conclusion of the arbitration, the arbitrator shall award costs and expenses (including the costs of the arbitration previously advanced and the fees and expenses of attorneys, accountants and other experts) to the prevailing party. Arbitration shall be conducted in the state of Victoria, Australia. In the event it becomes necessary to commence legal proceedings to enforce the terms and condition of your use of the Site or your Subscription with Achieve Property, the prevailing party shall be entitled to recover attorney fees and costs. Judgment on the award may be entered in any court having jurisdiction. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
 
12. Limitation on Liability
 
12.1 ACHIEVE PROPERTY WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ACHIEVE PROPERTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ACHIEVE PROPERTY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ACHIEVE PROPERTY FOR THE APPLICABLE CONTENT, PRODUCT, SUBSCRIPTION, SITE ACCESS, MEMBERSHIP OR SERVICE OUT OF WHICH LIABILITY AROSE.
 
12.2 UNDER NO CIRCUMSTANCES WILL ACHIEVE PROPERTY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY SUBSCRIBER’S RELIANCE ON INFORMATION OBTAINED THROUGH ACHIEVE PROPERTY. IT IS THE RESPONSIBILITY OF SUBSCRIBER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH ACHIEVE PROPERTY SITES AND PRODUCTS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
 
13. Prohibition against claiming against Achieve Property’s right
 
13.1. The User undertakes not to take any action which would or might: Claim against, invalidate or put in dispute Achieve Property’s title to the Intellectual Property; oppose any application for registration of the Intellectual Property or invalidate any registration of the Intellectual Property in due course; support an application to remove or challenge any Intellectual Property as a registered trade mark, business name, patent or design of Achieve Property; cause any authority to register against the Intellectual Property a disclaimer or limit of authority ; nor shall the User assist or finance any other person directly or indirectly in any of the above acts.
 
13.2. The User covenants with Achieve Property that any input, contribution or work it has done to create, design, make or acquire the Licensed Property or the Intellectual Property was done for and on behalf of Achieve Property and acknowledges that Achieve Property has the legal and beneficial right to the Intellectual Property and not the User.
 
13.3. The User agrees that all rights to or in respect of the Intellectual Property are transferred and assigned to Achieve Property and that the User must immediately upon request, execute any document requested by Achieve Property to enable proper registration of such title.
 
14. Indemnity
 
14.1 You will indemnify and hold Achieve Property, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from any of Achieve Property Sites.
 
14.2 You shall at all times keep Achieve Property indemnified from and against all past, present or future (direct or indirect) claims, disputes, demands, costs, expense, debts, actions, suits, proceedings or prosecutions which may be brought, commenced or prosecuted against Achieve Property or in which Achieve Property may be involved in consequence of or relating to:
 
14.2.1 the provision or supply of the Intellectual Property in the course of Achieve Property’s Business ; or
 
14.2.2 The User’s use of the Website and Materials.
 
14.3 The indemnity will extend to all costs, damages and expenses including consequential costs incurred by Achieve Property in connection therewith.
 
15. Trademarks
 
15.1 Trademarks, service marks, and logos appearing in this site are the property of Achieve Property or the party that provided the trademarks, service marks, and logos to Achieve Property. Achieve Property, and any party that provided trademarks, service marks, and logos to Achieve Property, retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
 
16. Information You Provide
 
16.1 You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
  • includes MP3 format files;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

 
16.2 Additionally, subscribers are specifically prohibited from posting negative or defamatory statements regarding Achieve Property, Mark Kelman, contributors to the site or other subscribers.
 
16.3 In this regard, in the event of an actual or threatened violation of these Terms of Use, Subscriber acknowledges and agrees that such actions would cause Achieve Property (and its affiliates, subsidiaries, shareholders owners, directors, officers, contributors, subscribers, spokespersons, etc.) irreparable injury, the exact amount of which will be impossible or difficult to ascertain and that monetary damages alone will not provide an adequate remedy to Achieve Property. Accordingly, Achieve Property (and its affiliates, subsidiaries, shareholders owners, directors, officers, contributors, subscribers, spokespersons, etc.) shall be entitled to obtain an injunction from a court of competent jurisdiction prohibiting such action or threatened action without the need to post a bond.
 
16.4 Although under no obligation to do so, Achieve Property reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Achieve Property, nor any third party that provides Content to Achieve Property, will assume or have any liability for any action or inaction by Achieve Property or such third party with respect to any submission.
 
16.5 Achieve Property may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Achieve Property or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Achieve Property staff, Achieve Property’s outside contributors, or by users not connected with Achieve Property, some of whom may employ anonymous user names. Achieve Property expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Achieve Property or any of its subsidiaries or affiliates.
 
16.6 Achieve Property has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
 
17. Security
 
17.1 Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Achieve Property will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Achieve Property considers insecure, Achieve Property will be entitled to require the password to be changed and/or terminate your account.
 
17.2 You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Achieve Property reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Achieve Property reserves the right to investigate suspected violations of these Terms of Use.
 
17.3 Achieve Property reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Achieve Property to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
 
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ACHIEVE PROPERTY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ACHIEVE PROPERTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ACHIEVE PROPERTY OR LAW ENFORCEMENT AUTHORITIES.
 
18. Free Trial
 
18.1 In some cases you may agree to a free trial of products from Achieve Property. A valid credit card may be required to start the trial. At the time of activation of the trial your card will be authorized for either $1 or the full amount of purchase price. Note: At this point funds have NOT been collected but may show up on your account as unavailable. The authorization will expire at the end of 5 business days. You have not been billed at this point.
 
18.2 At the end of the trial you agree and will be billed for the full purchase price. You are under no obligation and can cancel at anytime during the free trial period and your card will never be billed.
 
19. Miscellaneous
 
19.1 If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use, along with the Privacy Policy and Earnings Disclaimer, constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Achieve Property may revise these Terms of Use at any time by updating this posting.
 
Last updated: December 24, 2014

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