Section 1: Compliance with These Terms of Service
Section 2: Using our Website and Online Services
Section 3: Intellectual Property Rights
The name James Orr Real Estate Services LLC, JamesOrr.com, Nomad Investor Clubs LLC, Learn To Be Rich™, LearnToBeRich.com, Nomad™ and other trade names, URLs, and Website domain names owned and/or operated by us, and the company’s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of the company (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of the company, which permission may be withheld in our sole discretion. We make no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners. The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, the company or its Content suppliers. All software used for our Website (the “Software”) is the property of the company or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software. You shall be solely responsible for any damage resulting from your infringement of the company’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by the company or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law. Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by us and the company has not reviewed, and is not responsible for, the content of any such third party websites. We make no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.
Section 4: Electronic Communications
By using our Website or using an Online Service, you consent to receive communications from us electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.
Section 5: Disclaimer of Warranties
ALL CONTENT CONTAINED ON OUR WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH US OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.
Section 6: EARNINGS AND INCOME DISCLAIMER
James Orr Real Estate Services LLC, Nomad Investor Clubs LLC and/or James Orr can not and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
Section 7: Returns Cancellations & Chargebacks
Users may cancel their subscription for Online Services at any time by submitting a written notice via e-mail to firstname.lastname@example.org. All refund requests must also be submitted to the same address. Users are entitled to only 1 refund under the given guarantee for the specified product/program. Trial subscriptions do not offer any refund guarantee. If you sign up for a trial and cancel, or choose to use your refund within the timeframe permitted, then sign up for the same product/program again in the future, you will not be eligible for a second refund.
We are proud to have some of the best customer service in the industry. If our program isn’t a good fit for you, it’s your responsibility to cancel in a timely manner by submitting your request to email@example.com. You also agree to allow up to 48 business hours to receive a response from us. If you call your credit card company claiming you cancelled when you did not send us a cancellation email, and you cannot provide valid written proof of your submission (including date and time submitted), you agree to fully compensate us for all costs we incur as a result of your actions and withdraw any relevant chargebacks. If you file a dispute that is decided in your favor, the company reserves the right to deny any requests to purchase future products/services from us, and your access to any applicable memberships may be permanently blocked.
Subscriptions, Trials and Digital Products
Your membership, which may start with a free trial, will continue month-to-month, semi-annually, or year-to-year, unless and until you cancel your membership or we terminate it. Users are entitled to only 1 trial. You must have Internet access and provide us with a current, valid, accepted method of payment to use the service. We will bill the membership fee to the payment method used when signing up unless updated or changed by subscriber. You must cancel your membership before it renews in order to avoid additional membership fees to your Payment Method.
Trial to Monthly Subscriptions: Your membership may start with a trial. The trial period of your membership lasts for up to 30 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Trials are for new and certain former members only. We reserve the right, in our absolute discretion, to determine your trial eligibility. You must cancel your subscription before then end of your trial period to avoid being charged. Trial users forfeit any right to a refund.
Monthly Subscriptions: You have THIRTY (30) Days from the date of the original purchase to request a refund for your monthly subscription. Any refund request made after the first THIRTY (30) DAYS from the original purchase will not be processed.
Semi-annual Subscriptions: You have THIRTY (30) Days from the date of the original purchase to request a refund for your semi-annual subscription. Any refund request made after the first THIRTY (30) DAYS from the original purchase will not be processed.
Annual Subscriptions: You have THIRTY (30) Days from the date of the original purchase to request a refund. Any refund request made after the first THIRTY (30) DAYS from the original purchase will not be processed.
Digital Products & Services: Each order page will specify the exact refund period for a product or service, if any is offered. When applicable, you can review the material from the original purchase date to the end of your refund period. Any refund requests made after the specified refund period will not be processed. All payments plans will be automatically charged in 30 day intervals until the agreed amount is paid in full.
Physical Products: Book orders and other physical products will typically arrive within 3-5 business days after purchase. Our Return Policy applies to your purchase of any materials or products from us through the Website (collectively, the “Product”). If you ordered an incorrect Product or need to return a Product for other reasons, you may return the Product to the Company for a refund within thirty (30) days of delivery of the Product to you, subject to the following terms and conditions: You must first contact us by e-mail at firstname.lastname@example.org to request a Returned Material Authorization (RMA) number. Write the RMA number on the shipping label of each box to be returned. Please be advised that any Product returned without an RMA number or returned beyond 30 days of delivery of the Product to you, will not be accepted and will be returned to you at your expense.
Products must be un-opened in their original packaging to be accepted for return. If we elect to accept the return of an opened Product (which it may decline in its sole discretion), such opened Products are subject to a 20% restocking fee.
We do not reimburse shipping costs to return an item. Return packages with insufficient postage will not be accepted. Products must be returned and received by us in original condition. We will not accept Products damaged in return transit, so please be sure to package the Product well and consider insuring the package.
Section 8: Terms of Subscription Renewal
Once a trial membership has expired, the member will be automatically billed the monthly membership fee using the primary Payment Method until they wish to cancel. Monthly subscriptions automatically renew each month at the stated price until the subscription buyer notifies the company that they wish to cancel. Annual subscribers will be notified via email prior to their renewal. If the subscriber does NOT notify the company that they wish to discontinue service, the subscriber’s account will charged at the original stated price.
Section 9: Affiliate Disclaimer
From time to time, the company may endorse, promote or suggest services and/or products. The company’s recommendations will be based solely on our determination that the service/product is of value to Users based on a review thereof by us, and/or our relationship with the provider/producer of such service/product and/or our prior usage of such service/product. We may be compensated for its recommendations. The company may receive sample services/products for the purpose of conducting a review thereof. The company’s policy is to conduct to the best of its ability an unbiased review of such services/products. If a service/product does not meet the company’s standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product. Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product. The determination to utilize any service/product for which the company provides a review shall be solely the responsibility of the person utilizing such service/product and the company shall not be liable in any way as a result of any such person’s use of any such service/product.
Section 10: Limitation on Liability
Any liability of the company, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by the company from any User in connection with such use of, registration for and subscription to any Online Services. The company will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services. Without limitation, the company shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of the company to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.
Section 11: Amendments
We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.
Section 12: Documents, Downloads and All Resources
IMPORTANT NOTE: All documents, downloads and other resources on this website should be considered examples for entertainment purposes only regardless of what is said elsewhere and you MUST have them reviewed and approved by your own attorney before using them yourself and in your own business. By using them you agree to hold us harmless. Seriously, don’t use this stuff without having your attorney review and approve them.
You have very limited rights to the documents, downloads and resources on this website. You cannot give them away or provide them to others without an explicit license to do from us. Unless explicitly stated otherwise you should assume that you do not have rights to use the stuff on this website in your business.
You retain rights to use the documents, forms and downloads on this website while your membership is active only. If you decide to discontinue your membership, you will not be able to continue to use the documents, forms and downloads.
Section 13: Calculator and Simulation Software
If you use calculators, simulation software like The Real Estate Financial Planner™ software or derivatives like The Real Estate Financial Planner Blueprints™ (hereafter referred to as calculator) on this website, you agree to use it at your own risk. By using it, you agree to hold us harmless.
It is possible that the calculator has programming errors which can give you unexpected or even wrong results. You should check all your results manually yourself, get the advice of professionals like, but not limited to, your attorney, CPA, financial planner, insurance agent and real estate agent before making investment decisions based on any output from the calculator.
The calculator is still considered to be in the alpha phase. That means we are adding, modifying and sometimes deleting features. That means that sometimes something that worked once, may no longer work when a new feature is introduced and causes problems with the older feature. We may need to redesign parts of all of the database and therefore the data you enter may be lost.
You should use the calculator for entertainment purposes only until it has undergone thorough testing and debugging and officially released.
Section 14: Trademarks and Proprietary Information
This trademark list sets out an illustrative, non-exhaustive list of trademarks owned by us as well as suggested generic terms for those products. If you have questions about our trademarks, please contact us.
- Nomad™ a real estate investing strategy or someone who utilizes the strategy
- Nomad Calculator™, Nomad Calculator Classic™ and Nomad Calculator 3™ software for analyzing investment strategies including real estate
- Nomad Investor Clubs™ a real estate investing club that teaches or discusses the Nomad™ investing strategy
- Resiliency™ a measure of how resilient a property or portfolio is to changes in various assumptions
- True Cash Flow™ a measure of cash flow from rental property that also includes cash flow from depreciation and capital expenses
- The Real Estate Financial Planner™ software
- The Real Estate Financial Planner™ person who does real estate financial plans
- The Real Estate Financial Planner Blueprints™ scenarios of accounts, houses and rules for a specific investing strategy
When creating ads, white papers, sales materials, general collateral using our trademarks or proprietary information, we ask that you put one of the following taglines at the bottom of the page or ad etc, whenever you feature our trademarks or info:
©2018 James Orr. All rights reserved. Nomad™ and The Real Estate Financial Planner™ are trademarks of James Orr.
©2018 James Orr. All rights reserved. [Insert Trademark] is a trademark of James Orr.
When using a product screenshot or data we ask that you put the following tagline beneath any image featuring our product screenshot or data:
©2018 James Orr, used with permission. All rights reserved. Nomad™ and The Real Estate Financial Planner™ are trademarks of James Orr.
Last updated June, 2018