Terms and Conditions
Last Updated on January 23, 2020
Terms and Conditions
BY VISITING BRANDONPATRICK.COM OR ANY OF THE ASSOCIATED PRODUCT WEBSITES (SOARAGENT.COM, TOUCH50.COM, TOUCHFIFTY.COM, BRANDONPATRICKHOMES.COM, NASHVILLETNFORECLOSURES.COM, INTERVISIONMEDIAGROUP.COM, EXPREALTY.BRANDONPATRICK.COM, WELCOMETOTHESEMINAR.COM, WHYEXPREALTY.COM, WHYEXPREALTY.NET, NOMOREWEEKENDS.COM, OWNTHECO.COM; COLLECTIVELY "SITES", YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.
The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Sites. The term "Services" refers to products and services offered by Brandon Patrick, including but not limited to, a blog, email series, books, ebooks, coaching packages, programs and online courses hosted on any of Brandon Patrick's Sites.
Use of any of Brandon Patrick's Sites, including all materials presented herein and all online Services provided by Brandon Patrick, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Sites. By using the Sites or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Sites and Services
To access or use the Sites, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Sites. Information provided on the Sites and in the Services related to real estate, marketing, social media and other information are subject to change. Brandon Patrick makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Brandon Patrick disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Sites and Services, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Brandon Patrick will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
You may use the Sites and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and to purchase services or products through the Sites for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to Brandon Patrick's acceptance of your order or requests. Brandon Patrick reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by Brandon Patrick until payment has been processed. Brandon Patrick may at any time change or discontinue any aspect or feature of the Sites or Services, subject to Brandon Patrick fulfilling previous responsibilities to you based on acceptance of your payment.
Brandon Patrick will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform Brandon Patrick as soon as possible.
Cancellations, Refunds & Returns
Terms and conditions of pre-paid coaching packages will be governed by contract agreement entered into between you and Brandon Patrick.
Refunds for purchases of the Soar Agent course hosted at SoarAgent.com may be issued upon written request only within the first 30 days of purchase. All refunds are discretionary and are intended to provide the customer with an opportunity to see the course's value without risk, not download materials they plan to use later after a refund is issued. To deserve a refund, customer must prove they have put work into the course by applying the methods taught to their business first.
Refunds for purchases of Brandon Patrick's courses hosted at BrandonPatrick.com may be issued upon written request only within the first 14 days of purchase. All refunds are discretionary and are intended to provide the customer with an opportunity to see the course's value without risk, not download materials they plan to use later after a refund is issued. To deserve a refund, customer must prove they have put work into the course by applying the methods taught to their business first.
For all online courses, Site visitors who request and are granted a refund will immediately have their access to all program materials revoked. "Program materials" may include, but are not limited to, members' areas, bonuses, communities and coaching services.
Brandon Patrick endeavors to describe and display the Sites and Services as accurately as possible. While Brandon Patrick tries to be as clear as possible in explaining the Sites and Services, please do not accept that the Sites' and Services' descriptions are entirely accurate, current, or error-free. From time to time Brandon Patrick may correct errors in pricing and descriptions. Brandon Patrick reserves the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Sites
You shall not upload, post or otherwise make available on the Sites any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Sites, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to Your Materials
Brandon Patrick claims no intellectual property rights over the material you supply to Brandon Patrick. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Sites or Services. Content you submit to Brandon Patrick remains yours to the extent that you have any legal claims therein. You agree to hold Brandon Patrick harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Sites, you grant Brandon Patrick a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Brandon Patrick's Intellectual Property
The Sites and Services contain intellectual property owned by Brandon Patrick, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites' or Services' Content or intellectual property, in whole or in part, without Brandon Patrick's prior written consent. Brandon Patrick reserves the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Facebook is a trademark of Facebook, Inc.
Android, Google Play, Google, Gmail, the Google Logo, Google Chrome, Google Maps, Google Talk, YouTube and other marks are trademarks of Google, Inc.
iBooks and iBookstore are trademarks of Apple, Inc.
iTunes is a trademark of Apple, Inc.
Instagram is a trademark of Instagram, Inc.
Kobo is a trademark of Rakuten Kobo, Inc.
LinkedIn is a trademark of LinkedIn Corporation.
Smashwords is a trademark of Smashwords, Inc.
Twitter is a trademark of Twitter, Inc.
All other trademarks displayed on the Sites are the intellectual property of their respective owners.
Brandon Patrick may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by Brandon Patrick posting the new Terms and Conditions on this Site. Any use of the Sites or Services by you after being notified means you accept these amendments. Brandon Patrick reserves the right to update any portion of the Sites and Services, including these Terms and Conditions, at any time. Brandon Patrick will post the most recent versions to this Site and list the effective dates below the Terms and Conditions section.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL BRANDON PATRICK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICES. ADDITIONALLY, BRANDON PATRICK IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF BRANDON PATRICK HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BRANDON PATRICK'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE PURCHASED FROM BRANDON PATRICK, AND IF NO PURCHASE HAS BEEN MADE BY YOU BRANDON PATRICK’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Resources
The Sites and the Services contain links to third party websites and resources. You acknowledge and agree that Brandon Patrick is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Brandon Patrick. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold Brandon Patrick harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Sites or Services. You shall provide Brandon Patrick with such assistance, without charge, as Brandon Patrick may request in connection with any such defense, including, without limitation, providing Brandon Patrick with such information, documents, records, and reasonable access to you, as Brandon Patrick deems necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Brandon Patrick pertaining to the Sites and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between you and Brandon Patrick. No waiver of any of the provisions of this Agreement by Brandon Patrick shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Brandon Patrick.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed via email to Brandon Patrick at Brandon@BrandonPatrick.com.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Tennessee as applied to contracts that are executed and performed entirely in Tennessee. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Williamson County, Tennessee. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Last Updated on January 23, 2020
Brandon Patrick only collects the personal information you voluntarily provide to him, which may include, but is not limited to, your name, email address, and home address. The information you provide is used to process transactions, send periodic emails, and improve the service Brandon Patrick provides. Brandon Patrick does share your information with trusted third parties who assist him in operating his Sites, conducting his business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with or sold to unrelated third parties. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Brandon Patrick to disclose your personal information.
Brandon Patrick may record information relating to your use of his Sites, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. Brandon Patrick uses this type of information to administer these Sites and provide the highest possible level of service to you. Brandon Patrick also uses this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Sites.
Brandon Patrick may send cookies to your computer in order to uniquely identify your browser and improve the quality of his service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing his Sites. Brandon Patrick may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of Brandon Patrick's Sites may not work properly or at all. Brandon Patrick's Sites do not respond to "Do Not Track" signals sent by your browser.
Third Party Links
Brandon Patrick maintains security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While Brandon Patrick makes every effort to protect your personal information shared with his through his Sites, you acknowledge that the personal information you voluntarily share with Brandon Patrick through his Sites could be accessed or tampered with by a third party. You agree that Brandon Patrick is not responsible for any intercepted information shared through his Sites without his knowledge or permission. Additionally, you release Brandon Patrick from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
Updating Your Information
You may access and correct your personal information and privacy preferences by contacting Brandon Patrick via email at Brandon@BrandonPatrick.com.
Changes to This Policy
Last Updated on January 23, 2020
BrandonPatrick.com and SoarAgent.com, the affiliated blogs and email series, and affiliated products (including, but not limited to, ebooks, coaching packages and courses , collectively "Products") are educational and informational resources for business owners. They are not substitutes for working with a business consultant or other professional. Brandon Patrick cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. Brandon Patrick makes no guarantees about the information and recommendations provided herein. By continuing to use, read, watch, and participate in BrandonPatrick.com and the associated blogs, email series and Products, you acknowledge that Brandon Patrick cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within his control. Therefore, following any information or recommendations provided on BrandonPatrick.com, SoarAgent.com, WelcomeToTheSeminar.com, its affiliated blogs, email series and Products are at your own risk. If you need business advice, you should hire a business consultant or other professional.
Brandon Patrick aims to describe and display his Products as accurately as possible. However, he cannot guarantee that the features of each Product will be completely accurate. Likewise, Brandon Patrick cannot guarantee their uses for your particular circumstances and purposes. Please do not accept that the Product descriptions contained on BrandonPatrick.com and affiliated Product websites (including, but not limited to, SoarAgent.com, WelcomeToTheSeminar.com, BrandonPatrick.ClickFunnels.com, collectively "Sites") are entirely accurate, current, or error-free. Occasionally, Brandon Patrick may correct errors in pricing and merchandise descriptions.
Some of the links contained on or within BrandonPatrick.com, the affiliated blogs, email series and affiliated Products are affiliate links. This means that he may receive a commission if you click on one of these affiliate links and make a purchase from the affiliate. Brandon Patrick only recommends products and services that he knows or trusts to be of high quality, whether an affiliate relationship is in place or not.
Founder of SoarAgent.com