ARMANDO MONTELONGO SEMINARS PURCHASE AGREEMENT
Partial payments are nonrefundable and do not entitle you to attend any event, including without limitation seminars, workshops, training sessions and tours. You may attend an event only upon payment in full.
It is your obligation to attend any scheduled events you purchase, such as workshops, webinars, and training sessions. If you do not attend or complete your workshops or training sessions within 30 days of the dates scheduled, Armando Montelongo Seminars (“AMS”) reserves the right to provide you with alternative training materials or services as fulfillment of your purchase. Any and all training materials are provided for personal use only and do not constitute a license to duplicate, distribute, or sell such materials.
ELECTRONIC DEVICES AND DISRUPTIVE BEHAVIOR.
Use of mobile phones, and use or possession of cameras or any recording device, is strictly prohibited at all events. If a mobile phone is used by, or a camera or recording device is discovered in possession of, a student or a student causes a disturbance, he or she will be asked to leave the event and will not be entitled to a refund.
NO PROFESSIONAL ADVICE OR GUARANTEE.
You acknowledge that AMS and/or RETI have not and will not render financial, investment, legal, tax, accounting, or other professional services or advice and have not and will not guarantee or warranty, in any respect, the benefits, monetary or otherwise, of the products and services covered by this Purchase Agreement. If you choose to purchase real estate or otherwise invest, it is your sole responsibility to seek independent advice from professionals of your choosing such as real estate agents, brokers, appraisers, title companies, accountants, attorneys and mortgage and stock brokers.
LEGAL SERVICES PROVIDED BY OTHERS.
AMS is a dba of Real Estate Training International, LLC, (“RETI”) a Delaware limited liability company. Neither AMS nor RETI are attorneys and are not providing any legal services to you. Steven J. Szostek, ESQ, a law firm licensed in Nevada to practice law, is to provide actual legal services for you and on your behalf as may be agreed upon between Steven J. Szostek, ESQ and you, pursuant to a separate attorney-client agreement that you will need to enter into with Steven J. Szostek, ESQ. AMS hereby agrees that it will pay to Steven J. Stostek, ESQ on your behalf, and you will not have to pay Steven J. Szostek, ESQ, your legal fees and costs with regard to services rendered to and on your behalf by Steven J. Szostek, ESQ as covered by this Purchase Agreement. You will be responsible to pay Steven J. Szostek, ESQ for any other services, not covered by this Purchase Agreement, for which you happen to engage Steven J. Szostek, ESQ.
LIMITATION OF LIABILITY.
The Package Price is based upon the provisions of this Purchase Agreement that limit the liability of AMS and RETI and under which you accept certain risks. In no event shall the aggregate liability of AMS and/or RETI to you arising under this Purchase Agreement for all damages, including without limitation any special, consequential, or indirect damages, exceed the Package Price.
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
Unless prohibited by the laws of the state in which this Agreement is entered, this Agreement shall be interpreted and in all respects governed by the laws of the state of Texas.
This Agreement, INCLUDING THE TERMS AND CONDITIONS BELOW, contains the entire agreement and understanding concerning the subject matter herein and supersedes and replaces any prior negotiations and agreements between you and any authorized representative of Armando Montelongo Seminars (“AMS”), whether written or oral. This Agreement shall not be amended, modified, or altered except by written agreement signed by all the parties hereto.
ARMANDO MONTELONGO SEMINARS TERMS AND CONDITIONS
Each student may bring one guest as a part of the Tuition (“Primary Partner”). If two students join in an enrollment each is joint and severally liable for the purchase price and AMS, its affiliates, assigns, officers, and employees shall not be responsible or held liable for agreements made between students or other third parties. Primary Partner acknowledges the responsibilities and liabilities by signing on the reverse. If a student should cancel within the 3 day right of rescission whether as a Primary Student or a Primary Partner, AMS reserves the right to fulfill the other partner without canceling this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT
REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR
CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at (877) 217-2124. In the event that the customer service department is unable to resolve a complaint you may have to your satisfaction, AMS, including its affiliates, subsidiaries, parents, and owners, and Primary Student and Primary Partner (the “Parties”) all agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Applying the laws of contracts and equity, the Parties to this Arbitration Agreement, agree that Any Dispute arising out of or pertaining to the Parties relationship or business dealings, including, but not limited to any dispute arising from or pertaining to:
- claims arising out of or relating to any aspect of the relationship between the Parties, whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory;
- claims that arose before this agreement or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of the Parties’ relationship
- the formation and validity (“arbitrability”) of the Parties’ agreement to engage in arbitration
This Arbitration Agreement is intended to be broadly interpreted. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, You and AMS each waive the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. Dispute Resolution Procedure: A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to AMS should be addressed to, the “Notice Address” at:
Real Estate Training International, LLC, dba Armando Montelongo Seminars
Attn: Legal Department
2935 Thousand Oaks Dr. #6-285
San Antonio, TX 78247
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If AMS and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which either party is entitled. The arbitration forum is to be decided by an agreement between the Parties and shall take place in a neutral location in the state of Texas.
The Parties agree that their relationship is one of commercial nature, and shall not be construed as a “consumer relationship.” The Parties agree that the arbitration shall evenly split the costs and fees associated with administering and conducting the arbitration. But, the arbitrator may tack such costs and fees on to a judgment. The Parties agree that Texas and when applicable federal substantive law shall govern any claims brought in arbitration. The arbitrator must apply the terms of this Arbitration Agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Arbitration Agreement and with applicable law, and if it is not, it may be set aside by a court. The Parties agree that any decision delivered by the arbitrator will be forever binding upon the parties.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND AMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AMS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other portion of this Agreement, if this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Unless otherwise provided herein, if any term or condition provided herein is found to be unenforceable and not be in compliance with the law, as provided by the Federal Arbitration Act or the local state law, which would otherwise govern the Agreement, then that term(s) or condition(s) shall be severed from this Agreement, with the rest of this Agreement remaining intact.
This arbitration provision shall survive: (1) termination or changes to this Agreements, the Account, or the relationship between you and us concerning the Account; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of your Account, or any amounts owed on your Account, to any other person or entity.