I.Terms of Service 

The Installment Method, LLC (the “Company,” “us,” “we,” or “our”) is a limited liability company that provides live and online courses, training, real estate strategies, content, text, images, graphics, data, information, forms, materials, websites, information and certain consulting services (collectively, the “Content”) on various platforms, including through live and online courses, seminars, in-person and remote training sessions, websites, recordings, podcasts, etc. (collectively, its “Platform” or “Platforms”).  The Content is provided on a for-profit basis for informational and educational purposes only without representation or warranty of any kind.

These Terms of Use (“Terms”) govern your use of our Platform, websites, apps, and other products and services (“Services”) as well as your use of the Content. As some of our Services and Content may be downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update these, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions, requests for information, or complaints. By clicking “I Accept”, you agree to be bound by these Terms, including the policies referenced in these Terms. By using our Services, Content and Platform, you agree to be bound by these Terms, including the policies referenced in these Terms.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST THE COMPANY. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS. THE TERMS OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SHALL NOT APPLY IF UNENFORCEABLE UNDER THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE.

• NOT LEGAL ADVICE; RETAIN YOUR OWN LEGAL COUNSEL

 The Company is not a law firm and does not provide legal advice. The Content is not intended to substitute for professional legal advice and does not create an attorney-client relationship. Although various presenters, owners and affiliates of the Company may be attorneys or employees of law firms, the Company is not a law firm, and such individuals are not acting in their capacity as legal advisors. Neither your use of the Content nor participation on our Platforms creates an actual or potential attorney-client relationship with the Company or any of its employees or presenters. The Content does not constitute legal advice and is not a substitute for legal advice or your own professional judgment. Neither the Company nor its presenters provide legal advice, legal opinions or recommendations regarding your specific legal rights, obligations, remedies, defenses or strategies. The Content may not apply to your particular facts or circumstances, may not apply in your particular jurisdiction, and may not reflect the most recent developments in the law. The laws from state to state vary considerably, especially with respect to real estate.  Therefore, before taking any action based or relying on the Content, you have the obligation to make your own determination as to whether to seek the advice of a qualified attorney authorized to practice law in your jurisdiction. You should accept legal advice only from a licensed attorney with whom you have an attorney-client relationship in your specific jurisdiction. 

We strongly advise you to retain your own legal counsel for any advice you may require. These presentations are intended to help a person to understand the area of law to help ask the right questions with the attorney of their choice. The Company disclaims any and all liability with respect to actions taken, or not taken, based on our Content to the fullest extent permitted by law. The Content does not, and is not intended to, constitute legal advice. Instead, all Content made available by the Company is for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  

 No subscriber, user, or browser of the Content or Platform should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the Platform do not create an attorney-client relationship between the subscriber, reader, user, or browser and website authors, contributors, contributing law firms, or their respective employers. No attorney-client relationship can be formed by reading or responding on any Platforms, as such a relationship may be formed only by specific and explicit written agreement with an individual attorney. Do not send any confidential or sensitive information to the Company.

• PERSONAL OPINIONS; NON-RELIANCE

 Various presenters, owners and affiliates of the Company may serve on a Real Estate Commission or other regulatory board governing real estate licensees and the application of certain laws related thereto. These persons are acting herein in their individual capacity and the opinions and statements expressed herein are solely the opinions of the individual and not necessarily the opinions of the Real Estate Commission or Labor, License and Regulation Board or other governmental or regulatory authority. Nothing herein shall be deemed as an endorsement, permission or approval of the program by the Real Estate Commission. Nor may any statements or opinions made herein bind the Real Estate Commission or regulatory board in any action whatsoever. Any individual in the Company serving on such Real Estate Commission or other regulatory board has or shall recuse himself from all matters involving wholesaling and/or novations when such matters are presented before the Commission.  You may not rely on any statement made herein as approval of your actions by the Real Estate Commission upon which you are licensed.  Before taking any action based or relying on the Content, you have the obligation to make your own determination as to whether to seek the advice of a qualified attorney authorized to practice law in your jurisdiction. You should accept legal advice only from a licensed attorney with whom you have an attorney-client relationship in your specific jurisdiction.  

• USE OF OUR SERVICES

 You may use our Content, Platform and Services only if you:

• have a binding contract with the Company; and
• comply with these Terms, all applicable laws, and our policies that may be applicable from time to time (“Policies”).

Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Services being suspended, disabled, or terminated.

• LICENSE

Subject to these Terms and our Policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Services. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Company, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.

• WEBSITE, LIVE AND VIRTUAL SEMINARS

The Company’s seminars, webinars, presentations, newsletters, related materials and other Content provide general information regarding particular subjects and are not intended to constitute advice of any kind.  

• CONTENT 

To the extent that you provide any Content, you grant Company a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use such Content. Nothing in these Terms shall restrict other legal rights Company may have to such Content, for example under other licenses.

• LINKS TO OTHER WEBSITES

Our Platform may contain links to enable you to visit other websites that are not owned or controlled by the Company, including, but not limited to our partners, affiliates and advertisers. We are not responsible for the information contained in such other websites.  Such links are only for the convenience of the reader, user or browser; the Company does not recommend or endorse the contents of the third-party sites.

• DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

• LIMITATION OF LIABILITY

 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR CONTENT; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE COMPANY PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY COMPANY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

• COPYRIGHT

©2023 The Installment Method, LLC.  All rights reserved.  We claim a copyright on all proprietary and copyrightable text, graphics and computer code on this website, the overall design of this website, and the selection, arrangement, and presentation of all materials on this website.

• INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services, Content and Platform,  in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) your provided Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

• GOVERNING LAW AND VENUE

Except as provided below, the Services, Content and Platform are managed by Company, which is located in Richland County, South Carolina. You agree that these Terms will be governed by the laws of the State of South Carolina, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and Company will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Richland County, South Carolina as the legal forum for any such dispute. 

• BINDING ARBITRATION AND CLASS ACTION WAIVER

 You and Company agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, Content and Platform, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”).

 Any and all Claims shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as amended, in effect at the time arbitration is initiated. The AAA Rules are available online at www.adr.org and are hereby incorporated by reference. In the event of any inconsistency between this arbitration provision and the AAA Rules, such inconsistency shall be resolved in favor of this provision. If you decide to initiate arbitration, you agree to pay the initiation fee of $200 (or the amount otherwise required by the AAA Rules), and we agree to pay the remaining arbitration initiation fee and any additional deposit required by AAA to initiate your arbitration. We will pay the costs of the arbitration proceeding, including the arbitrator’s fees; however, other fees, such as attorney’s fees and expenses of travel to the arbitration, shall be paid in accordance with the AAA Rules and applicable law. We will pay all costs associated with any arbitration that we commence. A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims.

 The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.

Neither you nor Company may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. The Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.

This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.

A court may sever any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis, and the remaining portions of this arbitration provision will remain valid and enforceable. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.

THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

• GENERAL TERMS 

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

II. NON-DISCLOSURE AGREEMENT

By enrolling in this course, I have discussed, and/or may hereafter discuss, potential business transactions and a business/closing system whereby I act as an investor in real estate investment transactions using a patent pending platform known as the Installment Method. In the course of such discussions the Company may have disclosed, and/or may hereafter disclose, certain confidential information to me and, in such event, the Company desires that such disclosures be made on, and subject to, the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements enumerated herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby covenant and agree as follows:

1. I understand that the Company has disclosed/will disclose certain confidential information to me, including without limitation, such information contained in the Company’s articles and certificate of organization, operating agreement, business plan and financial documents provided to me. I also understand that the Company may disclose further confidential information (whether in oral, written or digital form) to me including, without limitation, project development plans and related information, potential joint venture partners and project purchasers, potential tenant and vendor names and related information, methods, formats, specifications, standards, systems, procedures, techniques, sales and marketing techniques, knowledge and experiences used in developing and operating the Company project, financial, and tenant plans, forecasts, strategies, and other information related to the Transaction. (such information shall be collectively referred to as “Confidential Information”) Notwithstanding the foregoing or anything else contained in this Agreement to the contrary, information will not be considered Confidential Information if it: (a) is or becomes a part of the public domain through no direct or indirect act or omission of Recipient, (b) was in the lawful possession of the me prior to its disclosure to me by the Company, (c) lawfully and properly is disclosed to me by a third party without restriction on disclosure, or (d) is developed independently by me.
2. Subject to the terms and conditions of this Agreement, I hereby agree forever: (a) to hold all of the Confidential Information of the Company in strict confidence and to take reasonable precautions to protect all of the Confidential Information of the Company including, without limitation, taking the precautions I employ with respect to its confidential information and materials, (b) not to disclose any of the Confidential Information of the Company or any information derived therefrom to any third person subject to Section 3, (c) not to make any use whatsoever at any time of any of the Confidential Information of the Company except to evaluate internally whether to enter into the currently contemplated business relationship with the Company, (d) not to use any Confidential Information to unfairly compete or obtain an unfair advantage over the Company in any commercial activity which may be comparable to the commercial activity contemplated by the parties in connection with the Transaction, and (e) not to copy or disassemble, or otherwise reverse engineer any Confidential Information of the Company.
3. Any employee, professional advisor of mine or any co-venturer, potential lender or potential investor who is given access to any Confidential Information of the Company must have a legitimate “need to know” and must be similarly bound by the Agreement.
4. I may make disclosures required by court order provided I have given the Company reasonable notice and an opportunity to participate in the proceeding.
5. Immediately upon a request by the Company (which will be effective if actually received), I will turn over to the Company all Confidential Information of the Company and all documents or media containing any Confidential Information of the Company and any and all copies or extracts thereof.
6. Neither the execution and delivery of this Agreement, nor the furnishing of any Confidential Information of the Company by the Company shall be construed as granting to me either expressly, by implication, estoppel or otherwise, any license under any invention, patent, trademark, or copyright now or hereafter owned or controlled by the Company.
7. I agree to indemnify the Company against any and all losses, damages, claims, or expenses incurred or suffered by the Company including but not limited to attorney fees and court costs as a result of my breach of this Agreement.
8. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
9. The laws of the State of South Carolina shall govern the interpretation and enforcement of this Agreement. Any action arising out of or relating to this Agreement shall be brought exclusively in a state or federal court situated nearest the principal place of business of the Company, and I consent to the personal jurisdiction of such court. I hereby irrevocably waive any objection to such venue or jurisdiction.
10. This Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto.