These Terms & Conditions and all other legal documents incorporated by reference (collectively, the “Terms”) set forth the legal contract between HIT Advisory, LLC (“Company,” “we,” or “us”) and each visitor (“you” or “your”) with respect to your access and use of www.hotelinvestortoolbox.com, including any subdomains, Company profiles on social media, and any other digital services or properties operated or used by the Company from time to time (collectively referred to as the “Website”).
Please read the Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to these Terms & Conditions, you accept and agree that you have (i) read these Terms and Privacy Policy (which is hereby incorporated by reference), (ii) understand them, (iii) accept and agree to be bound by them, (iv) are able to form legally binding contracts, and (v) agree to comply with all laws and regulations (including any policies of your company) applicable to you to the use of the Site, and/or the internet. If you do not agree to any of the Terms, we are unwilling to grant you access to the Website.
Intellectual Property
The content of our Website is copyrighted by John Wijtenburg or HIT Advisory, LLC. All content of the Website is protected by copyright and trademark laws, and it is the property of its owners. Unless otherwise noted, this Agreement gives you the right to access and use the information and materials provided within the Websites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Website unless you have obtained written permission from us or any other entity that owns the intellectual property on the Website.
We encourage user feedback. You agree that any ideas submitted to us, solicited or unsolicited, shall automatically become the property of the Company or its affiliates. You hereby assign all your rights and interest in such feedback to the Company. This includes ideas integrated into Company products and services, including but not limited to the use of testimonials, formulas, user interface, and other improvements.
Privacy Policy
We may collect and store certain information about you as you use the Website to enhance your experience. The Privacy Policy, which forms an integral part of these Terms, governs your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user. By accepting these Terms, you acknowledge that you have read and agree to the provisions of the Privacy Policy.
No Professional Advice
The Website cannot and does not contain investment, legal, financial, tax, or related advice. The investment, legal, financial, tax, or related information is provided for general, informational, and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions base upon such information, we encourage you to consult with the appropriate professionals. The Company does not provide any kind of investment, legal, or related advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
Downloadable Resources
The Website offers resource for download that support you and your business, including new and existing processes. These resources are designed and tested by individuals with experience in a variety of real estate investment roles. While the Company makes every effort to ensure that downloadable resources are free of errors, including but not limited to formula errors, we cannot and do not guarantee your results in using the downloadable resources. THE USE OR RELIANCE OF ANY DOWNLOADABLE RESOURCES RECEIVED FROM THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
Grant of License – HIT Model
Subject to the Terms herein and purchase thereof, the Company hereby grants you an exclusive license under the Company’s copyright of the HIT Model to create derivative works, and to use, reproduce, market, distribute, publicly display, publicly perform, and otherwise commercially exploit the HIT Model and derivative works for use in the promotion of real estate investment opportunities that you control via confidentiality agreement, letter of intent, purchase and sale agreement, or other agreement granting you access and use of proprietary investment information.
Non-Solicitation and Related Opportunities
The Website does not contain any solicitation for investments in real estate or securities. You may be contacted by the Company or its affiliates regarding investment opportunities that may arise from time to time (“Related Opportunities”). Such Related Opportunities shall be presented under a separate agreement between you and the Company or its affiliates. The Website does not attempt to directly sell real estate or securities. Any investment in Related Opportunities involves risk, including the risk of a complete and total loss of your investment. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS WEBSITE FOR EVALUATION OF RELATED OPPORTUNITIES IS SOLELY AT YOUR OWN RISK.
Third Party Links
The Website may contain links to other websites belonging to advertisers, business partners, affiliates, or other third parties. The Company does not have any responsibility for the content, activities, or policies of those websites. Linking to third party websites does not constitute an endorsement of those websites or their products or services, and the Company will not be responsible for any circumstances resulting out of using third party websites. Please review the privacy policy and terms for each website accessed through third party links.
The Company may participate in affiliate marketing and may allow affiliate links to be included in some content on the Website. This means we may earn a commission if/when you click on or make a purchase via affiliate links. These links will, generally, be related to products or services that are accretive to your use of the Website. The Company will inform you when one of the links constitutes an affiliate link. It is your responsibility to determine if the affiliate offer is right for you, and the Company takes no responsibility for your decision to purchase.
Refund Policy
We want you to be happy with your purchase, but we also know that it takes time for a real estate deal to come together. We offer a 60-day refund period for purchases. The Company reserves the right to work through any issues you have with the product or service prior to granting a refund. In the event you are still not happy with your purchase, we will issue a refund that may take up to 14 days to process. To request a refund, send an email to [email protected] no later than 60 calendar days following the purchase date.
No Warranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms & Conditions. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Changes
We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Miscellaneous
These Terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the State of Florida. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our Sites.
Contact Us
The Company welcomes your questions or comments regarding the Terms & Conditions:
HIT Advisory, LLC
PO Box 15264
Plantation, FL 33318
Email Address: [email protected]
Effective as of June 15, 2018