Autumn Leaf Investment Club Web Site & Services Term & Conditions of Use

By visiting or using the www.AutumnLeafInvestmentClub.com Web site (the "Web site"), or any co-branded and/or linking site, or by participating in any www.AutumnLeafInvestmentClub.com sponsored educational program or seminar the user ("User") agrees to be bound by these Terms and Conditions of Service and that such agreement constitutes a binding contract between User and www.AutumnLeafInvestmentClub.com. If User does not wish to be bound by these Terms and Conditions of Service, the User should not visit or use the www.AutumnLeafInvestmentClub.com Web site.

www.AutumnLeafInvestmentClub.com reserves the right to change these Terms and Conditions of Service from time-to-time at its sole discretion. In the case of any violation of the Terms and Conditions of Service, www.AutumnLeafInvestmentClub.com reserves the right to seek all remedies available by law and in equity for such violations. These Terms and Conditions of Service apply to all visits to the www.AutumnLeafInvestmentClub.com Web site, to the education and services portion of the Web site both now and in the future.

No Endorsements; User Waiver of Claims

User acknowledges that www.AutumnLeafInvestmentClub.com sells no real estate or real estate services ("Product") through this Web site. Certain real estate brokers, lenders, educational providers, speakers, seminar agents or other real estate or educational service providers (collectively, the "Vendors") may post information on this Web site or contact you at your request, but User understands that www.AutumnLeafInvestmentClub.com is not affiliated with any such Vendors and in no way endorses or recommends any particular Vendor. User is in no way obligated, required or encouraged to utilize any of the Vendors posting information on this Web site, including those providing educational, seminar or other published materials. If User decides to utilize a Vendor, any transaction, offer to buy or sell or related communication conducted on this site is solely between User and Vendor. The exclusive remedy arising from communications on or through this Web site is between User and relevant Vendor. User agrees that, in return for permission to use the Web site, he or she waives any and all claims against www.AutumnLeafInvestmentClub.com that are connected to use of this Web site or any vendor that provides services or products on this Web site.

General Disclaimer

Although www.AutumnLeafInvestmentClub.com has made reasonable efforts to place accurate information on this Web site, www.AutumnLeafInvestmentClub.com assumes no responsibility for the accuracy of the information. WWW.AUTUMNLEAFINVESTMENTCLUB.COM PROVIDES THIS WEB SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL OR ANY OTHER REFERENCE IS PROVIDED "AS IS" WHERE IS AND WWW.AUTUMNLEAFINVESTMENTCLUB.COM FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS WWW.AUTUMNLEAFINVESTMENTCLUB.COM DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

WWW.AUTUMNLEAFINVESTMENTCLUB.COM SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT WWW.AUTUMNLEAFINVESTMENTCLUB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.

Indemnification

User agrees to indemnify and hold harmless www.AutumnLeafInvestmentClub.com, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

Copyright/Restrictions on Use of Material

The subscription to www.AutumnLeafInvestmentClub.com services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the www.AutumnLeafInvestmentClub.com Web site or on any other co-branded Web site, by any subscriber in any capacity, is strictly prohibited and a material condition to the use of the www.AutumnLeafInvestmentClub.com site. The same shall be acknowledged to be copyright infringement on the valid filed or unfiled copyrighted material of www.AutumnLeafInvestmentClub.com, which constitutes the intellectual property of Autumn Leaf, Inc. Use of this Web site constitutes the uncontroverted acknowledgement of the copyrighted material contained therein. Data mining, screen scraping, copying graphics, maps, designs, logos or downloading and compiling data or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other information contained within the www.AutumnLeafInvestmentClub.com or co-branded Web sites in a commercial manner is strictly prohibited. www.AutumnLeafInvestmentClub.com reserves the right to immediately terminate any account that is being used in such activity without notice. The reposting, manipulation, display or other Web-based presentation of data obtained through the www.AutumnLeafInvestmentClub.com Web site (or co-branded Web site) on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, www.AutumnLeafInvestmentClub.com may seek injunction in any court located in Riverside County, California or the United States District Court for The Southern District of California. And, the subscriber through the use of this site consents to the jurisdiction of said courts and shall agree to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.

1. Consumer shall always use the real property ownership information for the Consumer's own internal business purposes only;
2. Consumer shall not use the real property ownership information for reproduction, sale, publication or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation;
3. Consumer shall acquire no proprietary rights in or to the real property ownership information or in any data contained therein, which rights remain the Licensee and its data suppliers;
4. Consumer shall not disclose or provide the real property ownership information to any affiliates or parent organization if they do not have a need to know for the purposes permitted in the Consumer Agreement or are otherwise covered under the Consumer Agreement;
5. Consumer acknowledges that Licensee Reports, as well as the data contained therein, is sourced from public documents or statistical calculations and is provided on an "as is, as available" basis with all faults and defects. The data supplier does not make any warranties, expressed or implied, including without limitation, those of merchantability and fitness for a particular purpose, nor is the data supplier responsible for errors, omissions, miscalculations, or misrepresentations of value;
6. Consumer acknowledges that the real property ownership information is proprietary information of Licensee and suppliers, under copyright, and has been furnished to Consumer in trust. Consumer acknowledges that the information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. Consumer will issue appropriate instructions to all of its employees having access to the Licensee Reports concerning the restrictions contained herein, and shall initiate reasonable security measures to prevent the accidental or otherwise unauthorized use or release of the real property ownership information, with particular respect to consumer information that is or may be considered "sensitive" such as financial or personally identifiable information, including but not limited to, owner name, mortgage values, sale amounts, estimated property values, real estate loan information, default, and foreclosure information, as related to a named individual owner;
7. Consumer acknowledges that automated valuation models attempt to estimate the current market value of a piece of residential real property using technology. An estimated value is not an appraisal and neither Licensee nor its suppliers or licensors make any warranties expressed or implied that any estimated property values associated with the service or as contained in any report are complete, guaranteed as accurate, fit for a particular purpose, or merchantable. Any estimated values are delivered "as is," with all faults and defects. Use of estimated property values is done so that the sole risk and responsibility of Consumer or the ultimate end user of such values. In no event shall Licensee or its suppliers or licensors be liable for use or misuse of estimated values, any use or misuse in violation of any law, regulation, or industry standard, the inability or failure of a person or entity to conduct business, or for any indirect, special or consequential damages related to use or misuse of an estimated value regardless of the circumstances;
8. Any use of the service and underlying real property information by Consumer shall be at its own risk, and Consumer hereby indemnifies Licensee and its suppliers or licensors with respect thereto. In no event shall Licensee and its suppliers or licensors be responsible for any errors, omissions, miscalculations, or misrepresentations of value;
9. Licensee's data supplier is not responsible for any damages, including but not limited to, those incurred as a result of lost profits or revenue, loss of use of the Licensee Reports, loss of any substitute data or claims by third parties, or for other similar costs. In no event shall Licensee's data supplier be liable for any damages resulting from Consumer's inability or failure to access any Web site;
10. Consumer acknowledges that certain states and federal regulatory bodies have enacted laws that place restrictions on marketing activities, including but not limited to, use of public record information in connection with mortgage lending or other financial services mail marketing, or permitting a telephone consumer to give public notice that such consumer does not wish to receive sales solicitation telephone calls. Licensee and its data suppliers disclaim any warranty, expressed or implied that the real property information is free from any consumer information that may give rise to a privacy claim.

Trademarks, Service Marks, Logos, Corporate Identifications Protected

All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web site are trademarks or service marks of www.AutumnLeafInvestmentClub.com or Autumn Leaf, Inc. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web site is strictly prohibited without prior written approval by www.AutumnLeafInvestmentClub.com.

User's Code of Behavior

User agrees not to post on the Web site any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on this Web site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to www.AutumnLeafInvestmentClub.com must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.

Usage of the subject site shall be limited to non-robotic, non-mechanical or other non-artificial/software based searches, which shall not exceed 200 searches per 24-hour period. Violation of this use policy subjects the user to immediate termination of service without refund or pro-rated credit for any subscription fee.

By subscribing to the www.AutumnLeafInvestmentClub.com service, User agrees not to disclose any assigned access code to others. User also agrees not to distribute the information contained in www.AutumnLeafInvestmentClub.com to any person or organization, by any means, printed, electronic or other.

User understands that the fee(s) to access the data on www.AutumnLeafInvestmentClub.com will start immediately upon payment received. User also agrees to pay the annual charge(s) and will be automatically billed to the credit card listed given to www.AutumnLeafInvestmentClub.com until User decides to cancel. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the www.AutumnLeafInvestmentClub.com subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.

Cancellations

User understands that to cancel service, user must contact the www.AutumnLeafInvestmentClub.com Member Services Representative and submit cancellation in writing.

There are three methods to cancel, including:

1. Contact the www.AutumnLeafInvestmentClub.com Member Services Representative department via telephone through the number provided in "Contact Us" link at the top of the page. A Member Services Representative can cancel User service immediately over the phone; however, cancellation is not guaranteed unless received in writing.
2. Fill out the form located in the "Contact Us" section of www.AutumnLeafInvestmentClub.com, a link to which can be found on the main homepage at the top of the screen. From the drop-down menu, User must select "Cancel Service" in addition to completing the form in its entirety before hitting the "Submit" button at the bottom of the form.
3. Contact the www.AutumnLeafInvestmentClub.com Member Services Representative Department via mail or fax through the information provided in the “Contact Us” link at the top of the page.

User must use the cancel process stated above to cancel this service. Refunds will not be issued to a user based upon his or her personal views or opinions of www.AutumnLeafInvestmentClub.com. This includes the quality of content, delays in updates, or related matters. Any exceptions to this policy are at the sole discretion of www.AutumnLeafInvestmentClub.com. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the www.AutumnLeafInvestmentClub.com service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.

www.AutumnLeafInvestmentClub.com will not be held responsible for charges incurred because of User inputting an invalid or incorrect email address when signing up. Furthermore, User's non-use of the site, misplaced or lost access codes, shall not justify User receiving any refund for any services charged.

Standard Services Disclosure

(not for completion, : to be completed at time of contracting for services)

1. Today’s Professional Real Estate Associates have advanced their ability to serve clients by utilizing various assistants and transaction coordinators. In so doing, both potential and actual investors now have additional resources through these professionals who specialize in guiding transactions to a successful closing. When questions and problems arise, these professionals provide an additional contact person for both buyers and sellers. The professionals who serve as “Transaction Coordinator” are now able to oversee various details in the contract and work to keep both buyers and sellers satisfied with the performance of the other regarding terms and conditions spelled out in the purchase and sale contract. Our Processing Fee for these invaluable services is noted on the Processing Fee Disclosure. INITIAL (_____)(_____)
2. REFUND POLICY/DISCLOSURE: Upon receipt by Autumn Leaf Real Estate Investment Club (ALREIC) of Processing Fees (PF), Earnest Money Deposit (EMD) check(s), and a completed Disclosure the applicable investor has three (3) business days from the execution date of the Disclosure (Withdrawal Period) to provide written notice (Withdrawal Notice) to ALREIC, LLC of their desire and intent to withdraw from his/her selected investment(s) and receive a refund of the PF paid to ALREIC less a withdrawal fee of $200.00. All refunds will be processed within ninety (90) days of receipt of the Withdrawal Notice. All Withdrawal Notices must be timely provided and received by ALREIC, LLC for each of the investment projects from which the investor chooses to withdraw. No refund of the PF will be provided to any investor after the expiration of the Withdrawal Period. Failure to obtain financing or changes in the financing offered for the selected investment project will NOT result in a refund of the Processing Fee. ALREIC does not have any control/authority with regard to financing offered or changes in financing. Transfers between projects are NOT permitted. The client/member must withdraw from a project and submit a separate intake package and new PF and EMD checks for the new project. INITIAL (_____)(_____)
   1. ALREIC has no control over the earnest money deposit disposition once you have issued the earnest money deposit; the funds are the property of the developer/builder. Any requests for a refund must be made directly to the developer/builder. ALREIC, LLC does not, in any way, guarantee the return of any investor’s EMD. INITIAL (_____)(_____)
   2. Investors that are Limited Liability Companies (LLC) are not entitled to a refund of the PF upon a withdrawal request. Investments made by LLC’s are subject to the rules of transfer as set forth in the applicable Operating Agreement pertinent to the specific investment. INITIAL (_____)(_____)
   3. However, notwithstanding anything contained herein to the contrary, if any project fails to be completed through no fault of the investor(s), it shall be the responsibility of the investor to seek the return of the EMD from the developer/builder. INITIAL (_____)(_____)
   4. Any check returned by the institution of which it is drawn upon and returned to ALREIC for non-payment for any reason will be assessed a $25.00 fee for non-payment. INITIAL (_____)(_____)
3. ALREIC provides and presents for investor review and consideration a variety of real estate investment opportunities. As with any type of investment, there is a significant amount of risk and ALREIC makes no guarantees or warrantees, written, or oral, expressed or implied, or in any other fashion as to the potential success or failure of an investment and strongly recommends that all investors seek professional assistance from a trained investment professional either before or as part of his/her review, analysis, and actual investment. Real estate investing, just as any other investment opportunity, has many intrinsic risks. Therefore, ALREIC does not recommend investing in any product or project if a loss of the monies invested would result in a change in the investor’s standard or quality of living. INITIAL (_____)(_____)
4. MEDIATION:
   1. Consistent with paragraph B below, Investor and ALREIC agree to mediate any dispute or claim arising between them out of this Agreement or any matter related to ALREIC, Autumn Leaf Property Management, or any services provided by ALREIC or any of its related companies or LLC’s, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees or costs of suit, even if they would otherwise be available to that party in any such action. INITIAL (_____)(_____)
   2. The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) the filing or enforcement of a mechanic’s lien; and (iii) any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation provision. INITIAL (_____)(_____)
5. Member hereby agrees and accepts all terms, conditions and risks inherent with the purchase of Real Property. Member agrees that ALREIC, LLC may not be acting as a Real Estate Agent and does not necessarily own, operate or control a licensed Real Estate Brokerage Firm in the State within which the Property is located. Member acknowledges that this agreement is solely to retain services of ALREIC, LLC’s Proprietary Methods and Contacts to function as Transaction Coordinator(s). Member acknowledges that data supplied is provided by the Seller or Developer of the referenced properties. Member acknowledges and assumes the duty to thoroughly investigate and examine all Public Offering Statements and similar documents to ensure that the above referenced purchase is in the best interest of the Member. Member acknowledges that all processing fees paid are non-refundable.
6. By signing below Investor is agreeing that I/we have read, understand, and agree to all aspects of the Processing Fee Agreement and Disclosure. Please be sure to initial where indicated throughout this agreement. An incomplete agreement will cause delays in processing your investment request.

Links to/from Third Party Sites

This Web site contains links to third party sites. User accesses these sites at User's own risk; www.AutumnLeafInvestmentClub.com is not responsible for the contents, changes, updates, or other links contained in a linked site. www.AutumnLeafInvestmentClub.com provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by www.AutumnLeafInvestmentClub.com of the site.

Any third party desiring to link to the Web site must link to the Web site's homepage located at www.AutumnLeafInvestmentClub.com. No one may link to any other page of this Web site without the prior written consent of www.AutumnLeafInvestmentClub.com.

Authorization, Credit Cards, Debit Cards, ACH Transactions

By signing up for any direct service provided by www.AutumnLeafInvestmentClub.com and by providing either credit card, debit card or ACH transaction information, the User consents to the subsequent recurring billing for services/access provided by www.AutumnLeafInvestmentClub.com after the expiration of any period to the extent said period is applicable, User consents to recurring billing for services/access provided on an ongoing basis. Such recurring billing shall continue until such time as the User cancels the service in accordance with the cancellation policy. Funds are transferred to www.AutumnLeafInvestmentClub.com from debit cards immediately. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the www.AutumnLeafInvestmentClub.com service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.

No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and www.AutumnLeafInvestmentClub.com as a result of use of the Web site.

Governing Law

The contents of this Web site and any claims related to it are governed by the laws of the State of California, without reference to its conflict of laws rules. User consents and fully agrees to the exclusive jurisdiction of the State and Federal courts located in Riverside County, Florida and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding in any other jurisdiction.

Privacy

Personal information is defined as any information entered when registering or using services obtained through our Web site, information you provide as part of registration for one of our education or seminar programs or any other information collected about you on our Web site (such as how long you spend on the Web site, what you look at on the Web site, etc.) We at www.AutumnLeafInvestmentClub.com constantly strive to provide useful products and services based on the content of our site, including participants in our educational programs and seminars and on related subjects of interest. We may sell or distribute certain individual personal information to other companies, including related interests or vendors so as to provide you with important offers. We may also use or provide partners with aggregate information from the information provided by all users. If you linked to this page (or subscription form) from another Web site, information entered here may be disclosed to the owners of such Web site and to other third parties. If you are a participant in our educational programs and seminars we may provide you special offers on related subjects of interest or an e-mail displaying those subjects.

Entire Agreement

By subscribing to the www.AutumnLeafInvestmentClub.com's service, I agree not to disclose my access code to others. I also agree not to distribute the information contained in www.AutumnLeafInvestmentClub.com to any person or organization, by any means, printed, electronic or other.

The above Terms and Conditions of Service constitute the entire and only agreement between User and www.AutumnLeafInvestmentClub.com on the matters described. User understands that User may be subject to further restrictions while using Vendors' Web sites.