Terms of Service
Investor Alliance, LLC Terms of Service
The GIA Site and Services
1. The Site and the Services provide general education and information designed to assist users with improving their private real estate investment skills generally. Neither GIA, the Site, nor the Services are accredited or sanctioned by any regulatory agency that has oversight over schools or educational institutions generally. The Site and the Services are not a university, or other sanctioned educational institution.
No Solicitation; No Advice Provided; Due Diligence Required
- None of the information contained on the Site or the Services constitutes a recommendation, investment advice, or a solicitation to buy or sell securities. GIA is not a registered broker-dealer, funding portal, or investment advisor under U.S. (or any other nation’s) securities laws and does not conduct any activity that would require registration as such. You understand that any information provided to you by the Site and/or the Services is intended for general educational or informational purposes only and that the Site and the Services are not a substitute for the advice and counsel of a qualified real estate lawyer, financial advisor, insurance provider, and/or related professional.
- The information contained on the Website or the Services has been prepared by us without reference to any particular user’s investment requirements or financial situation, and does not constitute financial, legal, or tax advice. We do not guarantee the performance of any real estate offerings of any kind, whether or not such offerings are mentioned or featured on the Site or the Services. To the extent that certain summaries and/or overviews made available on or through the Website and/or the Services contain summary information regarding the character of the real estate investment opportunities generally, such summaries are intended for informational/educational purposes only and do not purport to be complete. Any and all projections, estimates and/or other information offered through the Site or the Services are merely opinions, which should not be relied upon for any purpose whatsoever. You are solely responsible for conducting your own legal, accounting or due diligence review of any real estate offerings, and we strongly encourage you to consult with professional tax, legal and financial advisors before making any investment.
- You hereby affirm and acknowledge (i) that real estate investments can have considerable risk depending on the asset type and prevailing local and global market conditions; (ii) the real estate industry, the real estate lending industry, and the real estate finance industry in general are subject to significant ebbs and flows and market shifts; (iii) that any real estate investment opportunity you participate in may not generate sufficient cash flow, returns, and/or repayment monies to return your investment, provide sufficient cash flows, or otherwise satisfied any of your investment goals and/or budgetary requirements; and (iv) you further affirm, acknowledge, and agree that the value of any underlying real estate property associated with any investment opportunity that you participate in by and through the Website and/or the Services may decline after such participation, thereby potentially lowering the value of your investment or the likelihood of achieving a return of your investment monies.
The Relationship between You and Third Party Real Estate Providers
- You understand the Services enable you to from time to time view or come into contact with third-party real estate developers and/or third-party real estate investment opportunities (collectively, “Third Party Real Estate Providers”).
- You further affirm, acknowledge, and agree that while the Site and the Services may provide information regarding and/or access to Third Party Real Estate Providers’ investment opportunities that purport to be “backed”, “secured by”, or otherwise linked to a real property asset, these items cannot and do not guarantee any return of your investment.
- Unless expressly stated, GIA is not affiliated with, a sponsor of, or otherwise in control of any such Third Party Real Estate Providers. Please be advised that GIA may be an investor and/or paid consultant or advertising agent/representative for Third Party Real Estate Providers. Moreover, in any event you acknowledge and agree to all of the items set forth in section 4 below.
- YOU AGREE THAT USE OF GIA’S RESEARCH IS AT YOUR OWN RISK. YOU SHOULD ASSUME THAT GIA MAY BENEFIT FROM INVESTMENTS IT MAY HAVE IN OFFERINGS MADE BY AND THROUGH THIRD PARTY REAL ESTATE PROVIDERS. YOU REPRESENT TO GIA THAT YOU HAVE SUFFICIENT INVESTMENT SOPHISTICATION TO CRITICALLY ASSESS THE INFORMATION, ANALYSIS AND OPINION PROVIDED BY GIA AND BY AND THOUGH THE SITE AND/OR SERVICES. NO INFORMATION REGARDING ANY THIRD PARTY REAL ESTATE PROVIDERS CONTAINED ON THE SITE AND/OR THE SERVICES SHALL CONSTITUTE A RECOMMENDATION, SOLICITATION OR OFFER TO BUY OR SELL ANY SECURITIES OR PROVIDE ANY INVESTMENT ADVICE OR LIKE SERVICE. INVESTMENT OVERVIEWS AND PROJECT DETAILS ON THE WEBSITE MERELY CONTAIN SUMMARIES. ALL SUCH SUMMARIES ARE INTENDED SOLELY FOR INFORMATIONAL PURPOSES AND DO NOT PURPORT TO BE COMPLETE OR ADVISORY. ALL INFORMATION ON THE SITE HAS BEEN PREPARED BY THE COMPANY WITHOUT ANY PARTICULAR USER’S INVESTMENT PREFERENCES, NEEDS, OR FINANCIAL SITUATION IN MIND. ACCORDINGLY ALL INVESTORS ARE STRONGLY ENCOURAGED TO CONSULT WITH PROFESSIONAL TAX, LEGAL, AND FINANCIAL ADVISORS BEFORE MAKING ANY INVESTMENT IN ANY EVENT, AND ESPECIALLY WITH REGARD TO ANY THIRD PARTY REAL ESTATE PROVIDERS. YOU FURTHER AGREE TO DO YOUR OWN RESEARCH AND DUE DILIGENCE BEFORE MAKING ANY INVESTMENT DECISION WITH RESPECT TO SECURITIES OFFERED BY AND THROUGH THIRD PARTY REAL ESTATE PROVIDERS HEREIN.
Fees and Payment
- Service Fees. While GIA makes a large amount of information available without cost, it charges fees for some of its services, including but not limited to any course or program fees, which GIA reserves the right to change from time to time in its discretion ("Service Fees").
- Payment of Service Fees. When you purchase services for which Service Fees apply, you will be required to provide GIA with valid, up-to-date credit card or other payment method for all Service Fees you incur as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for Service Fees when due because your information is incorrect or no longer valid, or if we do not receive your payment when due, GIA will have no obligation to provide the services associated with those Service Fees.
The Agreement between GIA and You
You are responsible for reviewing changes to this Agreement
- This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
- This Agreement applies to all users of the Site and the Services.
- GIA may make changes to this Agreement from time to time without specifically notifying you.
- GIA will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
- If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
- In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by GIA from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
GIA may edit or modify anything on the Site or Services without notice
GIA is committed to delivering a positive user experience and you understand that GIA reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
You are responsible for accepting updated versions of the Site and Services
- If GIA provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Site and Services, GIA shall not bear any responsibility or liability for your decision.
Consent to Video and Electronic Communications
- You consent to receive communications from GIA electronically, and you agree that all agreements, notices, disclosures and other communications that GIA provides to you electronically, via email, or on the Services, satisfy any legal requirement that such communications or agreements be in writing.
- You consent to the use of and participation in life-streaming and asynchronous video in order to conduct any educational activities. From time to time we may record course and class sessions and you hereby you perpetually and irrevocably grant GIA the unconditional right to use and exploit your name, persona and likeness included in such recorded course and class sessions.
What Laws and Rules You Are Responsible For Following
- You must be eighteen (18) or older to use the GIA Site or Services. You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older. Any use of or access to the Site or the Services by anyone under eighteen (18) is unauthorized.
- The Site and the Services are not intended for use by children, especially those under age thirteen (13).
- You understand that you may not use the Site or the Services where such use is prohibited. You represent and warrant that you are eighteen (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
- You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
- You are responsible for all of your activity in connection with the Site and the Services.
- You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you. You understand that you are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account.
- You understand that you will be fully responsible for all activities that occur under your account, user name and/or password.
- You agree not to allow someone who is not you to use your account, username or password at any time.
- You agree to immediately notify Company of any unauthorized use of your password or your user name.
- We strongly encourage you to change your password at least once a month and you understand that GIA will not be liable for any loss that you incur as a result of someone else using your account or your password.
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
- You understand GIA may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that GIA reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
- You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
- You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
GIA may terminate your use of the Site and/or Services without reason or notice to you
While GIA respects its users, you agree that GIA may terminate your membership or use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
You agree to comply with GIA's conduct policies when using the Site or Services
We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site except as expressly authorized by GIA;
- You will not take any action that imposes or may impose (as determined by GIA in its sole discretion) an unreasonable or disproportionately large load on GIA’s (or its third party providers’) infrastructure;
- You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
- You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
- You will not bypass any measures GIA may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
- You will not run any form of auto-responder or “spam” on the Site and Services;
- You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- You will not harvest or scrape any content or materials from the Site and Services;
- You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- You will not threaten, intimidate or harass another user;
- You will not use abusive language towards other users or GIA staff members, including but not limited to chat sessions, chat reviews, and forums;
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
- You will not upload, post, transmit, share, store or otherwise make available any material 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;
- You will not upload, post, transmit, share, store or otherwise make available any content other than those of a personal nature that: (i) are of you (ii) are taken by you or your friends, or (iii) are original content created by you;
- You will not knowingly transmit false or misleading information through the Site or the Services.
- You will not use the Site and Services in any manner or transmit any Submission that: infringes (or results in the infringement of) GIA’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause GIA to be in violation of any law or regulation, or to infringe any right of any third party.
- You will not publish falsehoods or misrepresentations that may damage GIA or any third party.
- You will not transmit any Submission and will not use the Site and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
- You will not use the Site and Services to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose.
- You will not otherwise take any action in violation of GIA’s guidelines and policies.
GIA is not responsible for what happens outside of the Site and Services, including on websites the Site or Services link to or advertise
- GIA or its business partners may present advertisements or promotional materials via the Services.
- Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
- You agree that GIA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
- You understand the Site and the Services may contain (or you may receive from GIA, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
- You understand and agree that GIA is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that GIA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
- You acknowledge and agree that GIA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
Who Owns What and How You Can Use It
The copyright to all content the on the Site and Services is owned by the provider of that content
- The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of GIA or may be, to a certain extent, the property of its content suppliers, and are protected under applicable copyright law, trademark law and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
- You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
You may not use trademarks appearing on the Site or Services in an infringing manner
- You agree that Global Investor Alliance, GIA, www.globalinvestoralliance.com and other GIA graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of GIA or its affiliates (“Trademark Content”).
- GIA trademarks and trade dress may not be used in connection with any product or service that is not GIA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GIA.
- All other trademarks not owned by GIA or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GIA or its affiliates.
You may use the GIA Site and Services for limited, noncommercial purposes
- GIA grants you a limited license to access and make personal use of the Site and the Services.
- GIA does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
- You understand GIA does not grant you the right to resell or make commercial use of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You understand the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of GIA and our affiliates without express written consent.
- You may not use any meta tags or any other “hidden text” utilizing GIA’s name or trademarks without the express written consent of GIA. Any unauthorized use terminates the permission or license granted by GIA.
- You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at the Company’s sole discretion other items such as widgets, buttons, or other web page elements, to the home page of GIA so long as the link does not portray GIA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any GIA logo or other proprietary graphic or trademark as part of the link without express written permission.
You have the necessary rights to share content and materials should you choose to
- You understand that you may be invited to participate in blogs, online forums, promotions, surveys and other such items and that, accordingly, we may provide you with the opportunity, to create, submit, post, transmit or distribute content and materials to us via the Site, such as text, drawings, icons, photos, etc. (collectively, “User Content”).
- You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to GIA as set forth herein, with full knowledge that GIA may exploit it in any manner whatsoever. You make such warranties without GIA incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
- You grant to GIA the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
- You further agree that GIA is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or GIA, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.
- You further perpetually and irrevocably grant GIA the unconditional right to use and exploit your name, persona and likeness included in any User Content.
- You also grant to GIA the right to sub-license and authorize others to exercise any of the rights granted to GIA.
- You authorize GIA to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
- GIA takes the intellectual property of others seriously.
- You understand that GIA at its sole discretion, may terminate the account or access of users who infringe the intellectual property rights of others.
- If you believe that your work has been copied in a manner that results in copyright infringement, please contact GIA’s Copyright Agent. Our designated agent for notice of alleged copyright infringement on the Site and Services is:
Investor Alliance, LLC – Copyright Department
1883 W Royal Hunte Dr, Suite 200-A
Cedar City UT 84720
By Email: firstname.lastname@example.org
GIA’s liability is limited
- GIA is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, GIA, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
- GIA is not responsible for the conduct, whether online or offline, of any user of the Site or the Services.
- GIA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of user communications.
- GIA is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person’s computer, and/or mobile device.
- Neither GIA nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services , whether online or offline.
Disclaimer—For Educational Purposes Only, Not Substitute for Qualified Professional Advice
YOU ACKNOWLEDGE THAT THE COMPANY HAS NO SPECIAL RELATIONSHIP OR FIDUCIARY DUTY TO YOU, AND AGREE THAT YOU WILL BEAR ANY AND ALL RISK OF RELIANCE ON THE ACCURACY, VALIDITY OR LEGITIMACY OF ANY CONTENT ON THE WEBSITE. WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS OR ANY THIRD PARTIES SUCH AS REAL ESTATE DEVELOPERS. AS SUCH, YOU UNDERSTAND AND AGREE THAT GIA AND ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, STOCKHOLDERS AGENTS OR EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS, INCLUDING BUT NOT LIMITED TO, INVESTMENT LOSS.
ANY INFORMATION OR ASSISTANCE ACCESSED OR OBTAINED THROUGH USE OF THE WEBSITE AND/OR SERVICES IS PROVIDED SOLELY FOR EDUCATIONAL OR GENERAL INFORMATIONAL PURPOSES AND IS NOT PROFESSIONAL LEGAL, INVESTMENT, OR ACCOUNTING ADVICE OR COUNSEL. GIA IS NOT A LAW FIRM, ACCOUNTING SERVICES FIRM, OR BANK. YOU UNDERSTAND THAT NEITHER GIA, THE SITE, NOR THE SERVICES ARE ACCREDITED OR SANCTIONED BY ANY REGULATORY AGENCY THAT HAS OVERSIGHT OVER SCHOOLS OR EDUCATIONAL INSTITUTIONS GENERALLY AND THAT THE SITE AND THE SERVICES ARE NOT A UNIVERSITY, OR OTHER SANCTIONED EDUCATIONAL INSTITUTION. YOU SHOULD CONSULT LEGAL COUNSEL TO BETTER UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO ANY INVESTMENT OPPORTUNITY YOU BECOME AWARE OF, WE HEREBY EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTY AND ANY LIABILITY WITH RESPECT TO ANY SUCH INFORMATION OR ASSISTANCE.
YOU HEREBY ACKNOWLEDGE THAT WITH RESPECT TO PROJECTIONS, FORECASTS AND ESTIMATES AND ESTIMATIONS DISPLAYED ON THE SITE AND/OR THE SERVICES, (I) WE CANNOT AND DO NOT PROVIDE ANY ASSURANCE REGARDING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE ASSUMPTIONS AND JUDGMENTS MADE, OR THE METHODOLOGIES USED AND (II) SUCH ESTIMATES, FORECASTS AND PROJECTIONS ARE FORWARD-LOOKING STATEMENTS AND INVOLVE RISKS AND UNCERTAINTIES THAT MAY CAUSE ACTUAL RESULTS TO BE MATERIALLY DIFFERENT FROM THE ESTIMATES, FORECASTS AND PROJECTIONS. YOU FURTHER ACKNOWLEDGE THAT YOU RELY ON SUCH ESTIMATES, FORECASTS AND PROJECTIONS AT YOUR OWN RISK.
General Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL GIA OR ITS DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
GIA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify GIA
You agree to indemnify, defend, and hold harmless GIA, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, managers, members, officers, employees and agents from and against any and all claims and expenses including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Site and Services, (2) any User Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that law of the State of Wyoming applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Wyoming, without regard to its conflict of law provisions. Further, you and GIA agree to the jurisdiction of the state and federal courts located in Wyoming to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration below.
Your general representation and warranty
- You represent and warrant that you will use the Site and the Services so not to infringe or misappropriate the intellectual property rights of any third party.
- You and GIA agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in pursuant to compulsory arbitration in Wyoming, in accordance with the rules of the American Arbitration Association by arbitrators appointed in accordance with such rules.
- You agree any arbitration shall take place in Wyoming in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- GIA may assign its rights under this Agreement without condition.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ALDEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Further Tax and IRS Circular 230 Disclosure
The United States Treasury Department has issued final regulations governing the issuance of written tax advice commonly referred to as “Circular 230” rules. Circular 230 contains new extensive due diligence requirements for “covered opinions” and “other written tax advice”. It also sets forth minimum required practice rules with respect to a written discussion of a federal tax issue. The regulations are intended to bolster the efforts of the Treasury Department and the IRS to combat abusive tax shelter advice and to enhance public confidence in the honesty and integrity of tax professionals. The regulations are also intended to deter taxpayers from engaging in abusive transactions by limiting or eliminating their ability to avoid penalties through inappropriate reliance on tax advisor’s advice. Additionally, the regulations are aimed at preventing unprincipled tax advisors and promoters from marketing abusive transactions to large numbers of customers based on opinion that fails to consider adequately the facts of the particular transaction. The information on the Website or the Services does not constitute tax advice and was not written or intended by GIA to be used 1) to avoid any penalty that may be imposed under federal tax law, or 2) for promotion, marketing or recommending to another person the transaction(s) or matter(s) addressed herein. If you intend to seek tax advice then you should seek advice based on your particular circumstances from your advisor.
Last Updated: June 24th 2020