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Disclaimer, Safe Harbor Statement, Terms & Conditions
Please Note: This is not an official eXp Realty, LLC or Nexa Mortgage, LLC communication and the information is subject to change. Before joining our brokerage, please request a copy of the latest eXp Realty or Nexa Mortgage commission splits, fees, offerings, and awards. Designed to help real estate agents and Mortgage Loan Originators build successful businesses, and to assist in educating consumers about alternative real estate products, this advertisement is owned and operated by Illinois Home Auctions Corporation. The leaders of IntotheSwarm.com are independent agents at eXp Realty and Nexa Mortgage, so this is not an official eXp Realty or Nexa Mortgage website and all statements and opinions on this website are for entertainment purposes only.
The statements and opinions contained in this advertisement are solely those of the individual author and do not necessarily reflect the positions or opinions of eXp Realty, LLC, Nexa Mortgage, LLC or its subsidiaries or affiliates (the “Company”). The Company does not assume any responsibility for, nor does it warrant the accuracy, completeness or quality of the information provided. The views and opinions expressed on this site are those of the authors and do not necessarily reflect the official policy or position of any other agency, organization, employer or company. Assumptions made in the analysis are not reflective of the position of any entity other than the author(s) – and, since we are critically-thinking human beings, these views are always subject to change, revision, and rethinking at any time. Please do not hold us to them in perpetuity. The use of or reliance upon any resource provided is a tacit acceptance that the user understands that the materials may be out of date, opinion-based, incorrect, or biased.
Safe Harbor Statement
The statements contained in this communication about our and our subsidiaries’ future performance, including, without limitation, future revenues, earnings, strategies, prospects and all other statements that are not purely historical, are forward-looking statements for purposes of the safe harbor provisions under The Private Securities Litigation Reform Act of 1995. Although we believe that our expectations are based on reasonable assumptions, we can give no assurance they will be achieved. There are a number of risks and uncertainties that could cause actual results to differ materially from the forward-looking statements made herein.
Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, applicable laws and regulations and their compliance. If you disagree with any of the stated terms and conditions, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trademark law.
2. Use License
Under no occasion should IHAC or its suppliers subject for any harms (counting, without constraint, harms for loss of information or benefit, or because of business interference,) emerging out of the utilization or powerlessness to utilize the materials on IHAC's Internet webpage, regardless of the possibility that IHAC or a IHAC approved agent has been told orally or in written of the likelihood of such harm. IHAC uses industry-standard recognized software including Wordpress and Wordfence Security Suite to guard against malicious activity. By using these materials, you agree that you should consult a licensed professional with any trade-specific questions you may have, and that these materials are not real estate brokerage or legal advice.
5. Amendments and Errata
The materials showing up on IHAC's site could incorporate typographical, or photographic mistakes. IHAC does not warrant that any of the materials on its site are exact, finished, or current. IHAC may roll out improvements to the materials contained on its site whenever without notification. IHAC does not, then again, make any dedication to update the materials.
IHAC does not endorse, warrant or manage the content that is hyperlinked to this website. You, the user, should beware of any content you look at on the internet, including content on this website and content on any other website. You understand that the incorporation of any connection does not infer support by IHAC of the site. Utilization of any such connected site is at the user's own risk.
IHAC may update these terms of utilization for its website whenever without notification. By utilizing this site, you are consenting to be bound by the then current form of these Terms and Conditions of Use.
8. Governing Law
Any case identifying with IHAC's site should be administered by the laws of the county of Cook, State of Illinois without respect to its contention of law provisions.
Terms of Service for Illinois Home Auctions Corp’s Web Membership Service
Welcome and thank you for your interest in the www.IntotheSwarm.com website (the “Site”) owned and operated by Illinois Home Auctions Corporation; (the “Swarm”, “We”, “Our”, or “Us”). The Swarm Group at eXp Realty is the trade name of the Site. Paid membership to the Swarm gives a member access and the opportunity to independently review and develop self-improvement skills for marketing one’s own real estate or investment business. These Terms of Service govern your access and use of the Site and all publicly available content, services and/or products provided by the Swarm, including through the Site (collectively, the “Services”). Visitors to the Site and users of the Services are referred to herein individually as “User” and collectively as “Users”. You acknowledge that the Swarm is not, and none of the companies affiliated with the Swarm, including but not limited to Illinois Home Auctions Corporation, the Widerberg Group at eXp Realty, Ryan Widerberg, Nexa Mortgage, LLC, eXp World Holdings or any other named business or business partner, are, a registered broker-dealer, investment advisor, investment manager or funding portal and does not engage in any conduct that would require such registration.
Ryan Widerberg is a licensed real estate agent at eXp Realty and licensed mortgage loan originator at Nexa Mortgage. Ryan Widerberg is not a:
(a) licensed financial advisor
(b) licensed or trained legal professional
(c) licensed or trained tax professional
(d) licensed insurance brokers or agents
Therefore, please do not misconstrue any suggestions and/or educational materials as legal, tax, and/or financial advice.
In order to access the Services, you will have to create an account, pay the Membership Fee, and become a registered user of the Services. There is no refund for the Annual fee, whether in full or pro rata for any days not used in the event of termination of access to the Swarm. Before you purchase Membership to the Swarm, you should carefully consider that this product is not refundable upon your satisfaction or dissatisfaction. If you are entering into these Terms on behalf of an entity or any third-party, such as a company you control, you represent that you have the legal authority to bind that entity to these Terms.
BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE AND ALL OTHER POLICIES AND PROCEDURES POSTED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY SUCH AGREEMENTS, THEN YOU MUST IMMEDIATELY CEASE ACCESS, BROWSING OR OTHERWISE USE THE SITE OR THE SERVICES. YOU SHOULD EXIT THE WEBSITE AND NOT RETURN TO IT IF YOU DO NOT AGREE TO THESE CONDITIONS UPON REVIEWING THEM.
THE SERVICES ARE OFFERED ONLY TO USERS WHO PAY THE MEMBERSHIP FEE AND WHO ARE AT LEAST OF LEGAL AGE IN THE JURISDICTION IN WHICH THEY RESIDE OR ARE LOCATED. BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED. THE SERVICES ARE MARKETED WITH THE INTENTION THAT THEY ARE USED SOLELY BY SOPHISTICATED LICENSED REAL ESTATE BROKERS.
You may access the Site generally and/or browse generally without registering with the Swarm. To access the Services, including getting access to real estate investment offerings, learning about our real estate practices, receiving information from other user members about their best practices and presenting your own real estate investment deal, you must register to create an account (“Account”) and meet certain criteria, including payment of the Membership Fee. You must complete the registration process by providing us with current, complete and accurate information. Failure to provide current, complete and accurate information will be a breach of the conditions of your membership and your membership will be terminated if you are in breach under this section. You are solely responsible for updating any and all pertinent registration information. Failure to do so shall constitute a breach of the Terms of Service which may result in immediate termination of your account. You agree to notify the Swarm immediately in writing of any unauthorized use of your Account or any other breach of security. You are solely responsible for maintaining the security of your passwords and the security of your account. You will not let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone. You acknowledge and agree that you are liable for any damages or losses to the Swarm and other Users by any use of your Account, either authorized or unauthorized. You agree that your Account will be self-directed and that you are solely responsible for all investment decisions.
Although the Services may provide data, information or content provided by third-parties or us relating to investment strategies and/or opportunities to buy and/or sell securities, you should not interpret any such content as tax, legal, financial, or investment advice or a recommendation to invest in any real estate investment opportunity offered directly by other Users. This is not a real estate investment platform, but an educational platform where business best practices are taught in common forum. Any decision to invest shall be based solely on your own consideration and analysis of the risks involving a particular offering and is made at your own risk. You should seek the advice of an attorney, financial analyst or accountant before making any investment decision, including any decisions of risks you may wish to take that you are informed about through the Swarm. You acknowledge and agree that you are solely responsible for determining the suitability of an investment or strategy and accept the risks associated with such decisions, which include the risk of losing the entire amount of your principal. This is a real risk.
We have no special relationship with or fiduciary duty to you and your use of the Site or the Services does not create such a relationship. Fiduciary relationships within the Swarm will be created explicitly in writing, signed by all parties, otherwise the Swarm, its Users, Vendors or other Partners are not acting with your best interest in mind, but acting according to their own wishes. You agree and acknowledge that you are solely responsible for conducting legal, accounting and other due diligence review on the investment opportunities offered directly by other Users. You are strongly advised to consult a licensed legal professional and investment advisor for any legal, tax, insurance, or investment advice as the Swarm does not provide any of the foregoing advice or recommendations or provide any due diligence review. With this said, any individual posting repeated poor advice is subject to their membership being terminated. We do not review this advice, but rely on the contributions of our members to help us understand who is responsible for what statements.
Real Estate Investment Opportunities
One of the Services the Swarm offers is the facilitation of real estate investment opportunities during in-person or virtual meetings (each, a “Club Meeting”). The Swarm does not endorse any of the opportunities offered directly by other Users, including those presented at a Club Meeting, nor does the Swarm make any recommendations regarding the appropriateness of opportunities for any investor. THE PRESENTATION OF REAL ESTATE INVESTMENT OPPORTUNITIES DURING A CLUB MEETING ARE FOR INFORMATIONAL PURPOSES ONLY. ANY SUCH PRESENTATION DOES NOT CONSTITUTE AN OFFER, OR SOLICITATION OF AN OFFER, TO BUY OR SELL SECURITIES, NOR A RECOMMENDATION TO BUY OR SELL ANY SECURITIES. OFFERS TO SELL, OR SOLICITATIONS OF OFFERS TO BUY, ANY SECURITY CAN ONLY BE MADE THROUGH OFFICIAL OFFERING DOCUMENTS PROVIDED BY THE ISSUER, WHICH CONTAIN IMPORTANT INFORMATION ABOUT INVESTMENT OBJECTIVES, RISKS, FEES, AND EXPENSES. FURTHERMORE, ANY INFORMATION ABOUT HOW TO CONDUCT DUE DILIGENCE IS EDUCATIONAL IN NATURE, AND YOU SHOULD ONLY USE THIS EDUCATIONAL INFORMATION IN PRELIMINARY REVIEW AS A WAY TO HAVE A BETTER CONVERSATION WITH YOUR TEAM OF LICENSED PROFESSIONALS TO DISCUSS THE SUITABILITY OF ANY STRATEGY FOR YOUR OWN BUSINESS.
The terms of any investment opportunity provided by an issuer shall be negotiated and agreed to directly between the issuer and individual Users. The Swarm takes no part in the negotiation or execution of transactions for the purchase or sale of securities, and at no time has possession of or access to funds or securities. The Swarm will not enforce any aspect of your contract(s), express, or implied, and has absolutely no interest in private dealings between Users. The Swarm does not endorse any User. You agree and acknowledge that none of the Swarm, its officers, directors, employees, representatives, affiliates or agents, including Ryan Widerberg, will participate in the offer to sell or solicitations of offers to buy any securities, or make a recommendation to buy or sell any securities, offered by other Users.
Although the Swarm may provide data, information or content provided by third-parties or us relating to investment strategies and/or opportunities to buy and/or sell securities, you should not interpret any such content as tax, legal, financial, or investment advice or a recommendation to invest in any real estate investment opportunity offered by other Users. Investment opportunities presented during a Club Meeting are speculative and involve substantial risk. Any decision to invest shall be based solely on your own consideration and analysis of the risks involving a particular offering and is made at your own risk. You acknowledge and agree that you are solely responsible for determining the suitability of an investment or strategy and accept the risks associated with such decisions, which include the risk of losing the entire amount of your principal.
The Swarm may also provide information regarding business regulations, including tax, legal, financial and investment regulations. This information is educational and academic in nature, and you should not consider it as individual advice under any circumstances. We do not know the intricacies of your business or position, and you understand that only your professional team can understand your business enough to offer competent advice.
Federal and state securities law and regulations restrict investment in private securities offerings. Investments in private placement are speculative and involve a high degree of risk. Real Estate Investments are foremost in the high degrees of risk, especially those investments that are based on the financial instruments of specific transactions rather than ownership interests in land. Investments in private placements are also highly illiquid. You should not invest with other Users unless you are willing to accept the risks associated with private investments and are able to bear the loss of your entire investment. Before you invest in any investment opportunities offered by other Users, the Swarm recommends that you consult with a financial advisor, attorney, accountant, and any other professional that can help you to understand and assess the risks associated with any investment opportunity. THE SWARM IS NOT A REGISTERED BROKER-DEALER, INVESTMENT ADVISOR, INVESTMENT MANAGER, MORTGAGE LOAN BROKER, MORTGAGE LOAN ORIGINATOR, ATTORNEY, CERTIFIED FINANCIAL ANALYST OR FUNDING PORTAL, AND DOES NOT PROVIDE ANY ADVICE, RECOMMENDATIONS OR PROVIDE ANY DUE DILIGENCE REVIEW.
The Swarm, its affiliates, and its licensors own all right, title and interest in the Site and the Services, including but not limited to (i) the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel” organization, compilation of the content, code, and data, and (ii) all content on the Site, including, without limitation, all articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any user comments (collectively, the “Materials”). The Materials do not include User Content (as defined below). The Swarm intends to operate within the safe harbor of 47 U.S.C. § 230 and nothing herein shall be enforced where it violates FCC Section 230. The Materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and proprietary rights. You agree to comply with all applicable laws by not copying or using proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights. The Swarm hereby grants you a non-exclusive, non-transferable license to download and print the Swarm Materials for your personal, non-commercial use only, provided that you retain all copyright and proprietary notices that are contained in such portion of the Materials. You may not modify, distribute, share, disclose, transmit, display, reproduce, publish, license, create derivative works from, transfer, or otherwise use the Materials in any other way, except with the prior written permission of the Swarm. Your access to or use of the Site or the Services does not grant or transfer to you ownership interest or any rights in the Materials other than those rights expressly granted in these Terms.
You and other users may present real estate investment opportunities, as well as submit, post, transmit and share comments or materials through the Swarm (“User Content”). You are solely responsible for User Content that you offer, post, transmit, or share through the Swarm, as well as for any actions taken by the Swarm or other Users as a result of your User Content. You agree and understand that you may receive or be exposed to User Content provided by others that is inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that the Swarm makes no representations or warranties regarding User Content and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to User Content. You hereby waive any legal or equitable rights or remedies you have or may have against the Swarm with respect to User Content provided by you or others. You renounce all ownership of your User Content. The Swarm has no obligation to monitor, review, control, or guarantee the accuracy or confidentiality of User Content pursuant to 47 USC 230. However, the Swarm reserves the right at all times, without obligation, to remove or edit any User Content in its sole discretion, with or without notice. You represent and warrant that all information that you provide to the Swarm or through the Site is accurate, complete and truthful.
The Swarm, its officers, directors, employees, representatives, affiliates or agents, including Ryan Widerberg, are expected to rely upon the information you provide as true, accurate and complete without independent verification. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. By posting, transmitting, or sharing your User Content with the Swarm, you hereby (i) grant to the Swarm and its affiliates, sublicensees, partners, designees, and assignees, a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Content and derivatives thereof for any purpose and in any media form, and (ii) grant to other Users a non-exclusive license to access or otherwise use your User Content for personal or commercial use. You hereby affirm, represent, and warrant that: (i) you either own the User Content or have the necessary licenses, rights, consents, and permissions to grant the rights and license set forth herein, and (ii) the User Content or any use of the User Content pursuant to these Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any intellectual property or proprietary right; (b) violate any applicable laws, rules, or regulation (including, without limitation, United States federal and state securities laws); or (c) require the Swarm to obtain a license from or pay fees or royalties to any third party.
Securities Products; No Advice Provided
The presentation of real estate investment opportunities by other Users during a Club Meeting are for informational purposes only. Any such presentation does not constitute an offer, or solicitation of an offer, to buy or sell securities, nor a recommendation to buy or sell any securities. Offers to sell, or solicitations of offers to buy, any security can only be made through official offering documents provided by the issuer, which contain important information about investment objectives, risks, fees and expenses. You agree that you understand that the form of any offer should be on the Board of Real Estate Contract applicable to your local jurisdiction and cannot be adequately conveyed through the Site. The terms of any investment opportunity provided by an issuer shall be negotiated and agreed to directly between the issuer and individual Users, and the Swarm has no privity to this.
Securities offered directly by other Users are only suitable for investors who are familiar with and willing to accept the high risks associated with private investments, including the risk of complete loss of your investment. Securities sold through private placements are not publicly traded and, therefore, are illiquid unless registered with the SEC. Additionally, securities may be subject to restrictions on resale or transfer including holding period requirements. Investing in private placements requires high risk tolerance, low liquidity need, and long-term commitments. Users must be able to afford to lose their entire investment. Investment products are not FDIC insured, may lose value, and there is no bank guarantee.
None of the information provided through the Services constitutes a recommendation, solicitation or offer by the Swarm, its officers, directors, employees, representatives, affiliates or agents, including Ryan Widerberg, to buy or sell any securities or other financial instruments or other assets or provide any investment advice or services. All information contained in the Services has been prepared without reference to any particular User’s investment requirements or financial situation. The Services are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority, regulatory or self-regulatory organization or clearing organization, or where the Swarm is not authorized to provide such information or services. Some Services may not be available in all jurisdictions or to all Users. The Services and all content, services and features available through the Services are intended for informational purposes only. They are not intended to substitute for professional investment, financial or legal advice. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON THE SWARM OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, INCLUDING RYAN WIDERBERG, IN MAKING AN INVESTMENT DECISION. ALWAYS CONSIDER SEEKING THE ADVICE OF A QUALIFIED PROFESSIONAL BEFORE MAKING DECISIONS REGARDING YOUR BUSINESS AND/OR INVESTMENTS. THE SWARM DOES NOT ENDORSE ANY INVESTMENTS AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT THE SWARM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, INCLUDING RYAN WIDERBERG, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.
Featuring of or discussion through the Services of any offering does not constitute endorsement by the Swarm or representation of the quality of any potential investment in such offering. The Swarm does not endorse any issuer or any underlying assets. The securities being offered directly by other Users have not been registered under the Securities Act, in reliance, among other exemptions, on the exemptive provisions of Regulation D under the Securities Act. No assurance can be given that any offering currently qualifies or will continue to qualify under one or more of exemptive provisions from registration due to, among other things, the adequacy of disclosure and the manner of distribution, the existence of similar offerings in the past or in the future, or a change of any securities law or regulation that has retroactive effect. No governmental agency has reviewed the offerings presented through the Services and no state or federal agency has passed upon either the adequacy of the disclosure contained herein or the fairness of the terms of any offering. The exemptions relied upon for such offerings are significantly dependent upon the accuracy of the representations of the investors to be made to the issuers and issuers presenting offerings. In the event that any such representations prove to be untrue, the registration exemptions relied upon by an issuer in selling the securities might not be available and substantial liability to such issuer would result under applicable securities laws for rescission or damages. These risks are non-exhaustive and are intended to highlight certain risks associated with investing in securities that are not registered with the SEC. We strongly advise you to consult a legal, tax and financial professional before investing, and carefully review all the specific risk disclosures provided as part of any offering materials AND ASK THE ISSUER ANY QUESTIONS YOU MAY HAVE OR REQUEST ADDITIONAL INFORMATION. The Swarm receives no commission or transaction-based compensation in connection with the purchase or sale of securities by any User. The Swarm is not in contract with any private agreement or contract between Users. The Swarm is not a registered broker-dealer, funding portal, investment adviser or investment manager, and does not offer investment advice or advise on the raising of capital through securities offerings. The Swarm does not recommend or otherwise suggest that any investor make an investment in a particular offering, or that any issuer offer securities to a particular User. The Swarm takes no part in the negotiation or execution of transactions for the purchase or sale of securities, and at no time has possession of or access to funds or securities. The Swarm cannot guarantee that Users will use the proceeds of any offering in accordance with the stated purpose. Users acknowledge and agree that the Swarm makes no representation, warranty or assurance that the offerings presented directly by other Users are made in accordance with federal and/or state securities law, including the exemption to the sale of unregistered securities, or the legality of any offerings therein. Any gratis offers, gifts with purchase, or bonus items offered by the Swarm, or Illinois Home Auctions Corporation are not guaranteed and are subject to termination, substitution or elimination.
User Interactions and Disagreements
The Services may allow you to interact with other Users who may provide you with investments, investment information, advice, educational information, academic discussion, services and/or events, or provide you with other information about various companies or organizations. You acknowledge that other Users are not affiliated with or controlled by the Swarm or its affiliates, and the Swarm cannot influence the investments, information, advice or services provided by them. Your interaction with other Users is solely between you and such other Users. YOU AGREE THAT THE SWARM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, INCLUDING RYAN WIDERBERG, WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS. Furthermore, if you provide any investments, information, advice or services to other Users, you acknowledge that you are not affiliated with, or controlled or influenced in any way by, the Swarm or its affiliates, officers, directors, employees, representatives or agents, including Ryan Widerberg. If you have a dispute with one or more Users, you irrevocably and forever release the Swarm (and the Swarm’s affiliates, officers, directors, employees, representatives, agents, subsidiaries, and joint ventures) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Any and all advertisements promoted on behalf of Illinois Home Auctions Corportation (IHAC), the Widerberg Group with eXp Realty, WiderbergGroup.com, the Swarm Group with eXp Realty, IntotheSwarm.com, Samantha Gonzalez, USRealEstateEducators.com or Ryan Widerberg (a licensed real estate broker with eXp Realty, LLC and a licensed Mortgage Loan Originator (MLO) with Nexa Mortgage, LLC) (“Illinois Home Auctions Corporation”, “IHAC”, “The Swarm”, “We”, “Our”, or “Us”) are educational in nature and for educational purposes only. YOU SHOULD ONLY USE THIS EDUCATIONAL INFORMATION IN PRELIMINARY REVIEW AS A WAY TO HAVE A BETTER CONVERSATION WITH YOUR TEAM OF LICENSED PROFESSIONALS TO DISCUSS THE SUITABILITY OF ANY STRATEGY FOR YOUR OWN BUSINESS OR REAL ESTATE ASSOCIATED INVESTMENTS. In regards to promotional advertisements, terms and conditions apply. 0%, 1%, 2% or 3% Seller-Paid Commission Online Offers Listings Savings are calculated based upon a 6% listing agreement. To be eligible for 0%, 1%, 2% or 3% Seller-Paid Commission Online Offers Listing Savings, you must use our preferred licensed real estate agent's services and execute a signed listing agreement with said agent. If client sells a property using 0%, 1%, 2% or 3% Seller-Paid Commission Online Offers Listings, they are also eligible to receive the Mortgage Underwriting Fee Waived Estimated Savings on any purchase transaction. To be eligible for the Mortgage Underwriting Fee Waived Estimated Savings, client must use our preferred Mortgage Loan Originator's Services at NEXA Mortgage, LLC. Mortgage Underwriting Fee Waived Estimated Savings amount is subject to change.
Client agrees that their contact information may be shared with partner agents who conduct business in the same state client proposes doing business. In order to be eligible for any client reward, rebate, savings or promotional offering, client must “claim” said client reward, rebate, savings or promotional offering by indicating which program(s) they are interested in claiming by either: checking applicable boxes in the client questionnaire they complete OR by indicating the program(s) they choose to claim via a signed Buyer Representation Agreement and/or Exclusive Listing Agreement with our preferred licensed real estate broker in the state they intend to conduct business OR documented by written communication to our preferred licensed real estate broker in the state they intend to conduct business such as text, letter or email. IHAC uses client information for both personal leads and referral lead sources. IHAC may pass client information onto participating real estate agents, including but not limited to Ryan Widerberg, a licensed real estate agent with eXp Realty, LLC & license mortgage loan originator with NEXA Mortgage, LLC. Ryan Widerberg may receive referral income from real estate transactions and or mortgage loan origination services. Free Seller Attorney Service savings estimated to be ($500) are only eligible for real estate sold in the state of Illinois. We reserve the right to change or modify these terms at any time and in our sole discretion. Additionally, promotional advertisements are subject to state, jurisdiction and/or local laws, which could render any or all promotional advertisements null and void in a particular state. Promotional offers are nontransferable and may not be sold, bartered, auctioned, traded or exchanged. Promotional offers may be restricted to specific provider or merchant partner, per the terms of the offer. Offer may be revoked at any time without notice. Offer void where prohibited by law.
The Services may include tickets to live events hosted by the Swarm or one of its affiliated companies, either in person or virtually. If you attend one of our live events, you will be part of an event that is live streaming and recorded. Additionally, there will be still photographs and video segments taken throughout the event by the Swarm or an affiliate and any other third-party participant, such as speakers and sponsors. Therefore, the use of any live event ticket is made with the understanding that it also contains a WAIVER AND RELEASE, and that you agree to the following:
I irrevocably grant permission to the Swarm and all affiliated companies, to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. My actual testimony will not be edited. I acknowledge that there will be no compensation for my testimonial. I understand and agree that all photos and videos will become the property of the Swarm and all affiliated companies and will not be returned.
I hereby hold harmless, release, and forever discharge the Swarm and all affiliated companies from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. If my testimony is cut or not used, I agree that this was at the artistic discretion of the Swarm and all affiliated companies and or its affiliates and that I will not take legal action. I also agree that any claims will be arbitrated through the American Arbitration Association and that jurisdiction for all claims in Cook County, Illinois.
I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by the Swarm and all affiliated companies, including without limitation any and all claims for libel or invasion of privacy or other reputation damages. I realize I may not be understood without full context and understand that I am making a voluntary statement. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto and supersedes any other agreement that may exist.
WE DO NOT ALLOW ANY VIDEO RECORDING OF OUR EVENTS FOR DISSEMINATION OR COMMERCIAL USE.
In order to enter any live event, you must have your own valid ticket. One ticket is required per attendee and will only be valid on the day(s) of the live event and area(s) of the live event as indicated on the ticket. Entry into the live event is limited to persons that meet the minimum age requirements on or before the day of the event. To enter the live event, you must be at least eighteen (18) years of age or older unless the specific event designates that children are permitted. You must check the relevant event description for details of any additional terms or restrictions.
THE SERVICES, THE SITE, THE MATERIALS, USER CONTENT, AND ANY OTHER INFORMATION AND MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WHEN AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SWA
You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper, ethical and in accordance with these Terms and any applicable law, rules or regulations (including without limitation the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, any applicable state “Blue Sky” laws, any other applicable United States federal or state securities laws, regulations and rules, any securities exchange or self-regulatory organization’s rules or regulations, and any applicable foreign laws, each as amended from time to time). Any suspected fraudulent, abusive, unethical or illegal activity may be referred to appropriate law enforcement authorities. By way of example, and not as a limitation, you agree that you may not:
The Site may not be used by any person or entity in any jurisdiction where the use thereof would be contrary to applicable laws, rules or regulations of any governmental authority, regulatory or self-regulatory organization or clearing organization.
The Swarm may terminate these Terms and your right to use the Services at any time and for any reason without notice. Upon termination or expiration of these Terms, the Swarm may remove and discard any Materials or User Content, and such materials and content may no longer be accessible by you. The Swarm will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You agree that the Swarm will not be liable to you or any third party for any such termination except as described in these Terms. Upon termination or expiration of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
The Site may contain links to third party websites (“Linked Sites”). These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by the Swarm of any information, materials, products, or services contained in or accessible through any Linked Site. In no event shall the Swarm be responsible for the information contained on any Linked Site or your use of or inability to use any Linked Site. When you access Linked Sites, you do so at your own risk, and subject to the Linked Site’s terms and policies.
To the fullest extent permissible by law, you agree to defend, indemnify, and hold the Swarm and its directors, officers, employees, affiliates, representatives and agents harmless from any claim, demand, loss, damage, liability, or expense, including attorney fees and costs, however incurred, including those incurred at trial, in any bankruptcy proceeding, on appeal, and on any petition for review (collective, “Damages”) to the extent that Damages result directly or indirectly from your use of the Services or the Site. The Swarm reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Swarm in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Swarm. The Swarm is not obligated to do so.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE SWARM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AFFILIATES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR THE SITE, EVEN IF THE SWARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE SWARM HAS OFFERED ITS SERVICES AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE SWARM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE SWARM. THE SWARM WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. WE WOULD NOT BE WILLING TO DO BUSINESS WITH YOU WITHOUT THIS LIMITATION OF LIABILITY. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Swarm assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. We do not, and cannot, guarantee that any User is an “accredited investor,” as defined by Rule 501 of Regulation D under the Securities Act of 1933, as amended.
Except as explicitly stated otherwise, legal notices to the Swarm should be emailed to email@example.com. Legal notices to you will be provided either to the email or mail address you provide to the Swarm during the account registration process or posted on the Site. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice will be deemed given three days after the date of mailing or posting on the Site, as applicable. You agree that all notices and other communications that the Swarm provides to you electronically (by email or by posting on the Site) satisfies any legal requirement that such notice or communication be in writing.
Any dispute, question or difference arising between you and the Swarm, its officers, directors, employees or any affiliate in connection with the Services or otherwise in regard to the relationship of the parties by virtue of these Terms, including the construction and scope of these Terms, that cannot be amicably resolved, shall be finally settled in accordance with Commercial Arbitration rules and regulations of the American Arbitration Association (“Association”) then in effect by one or more arbitrators mutually selected by the parties from the commercial panel of the Association. The arbitrator(s) to be appointed shall be English speaking persons, although a User has an absolute right to hire at that User’s expense a translator at his or her choosing. The arbitrator(s) shall have the power to extend time for pronouncing the award with the consent of the parties. Judgment upon an arbitration may be entered in any court having competent jurisdiction thereof, and shall be binding, final and non-appealable. The arbitrator(s) shall have the power to award any and all remedies and relief whatsoever that is deemed appropriate under the circumstances, including, but not limited to, money damages and injunctive relief. This arbitration provision shall be deemed to be self-executing and shall remain in full force and effect after the expiration or termination of these Terms. In the event any party fails to appear at any arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. You hereby consent to arbitration to be held within the City of Chicago, State of Illinois, and irrevocably agree that all actions or proceedings relating to these Terms shall take place in the City of Chicago and waive any objections that you may have based on improper venue or forum non conveniens. The arbitrator(s)’ fees in connection with any such arbitration proceeding shall be shared equally between the arbitrating parties.
Choice of Law
The Terms and your use of the Services shall be governed by and construed and enforced in accordance with the laws of the state of Illinois, without regard to conflicts of law's provisions. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Neither party will be responsible for failure to perform any obligation under these Terms due to causes beyond the reasonable control of such party, including but not limited to strikes, lockouts, riots, epidemics, war, government regulation, fire, flood, natural disasters, Acts of God, or inadequacies of equipment, or other cause beyond the reasonable control of such party.
If any provision of the Terms is found unenforceable, that provision will be deemed to be modified to the extent necessary to make it enforceable, while preserving its intent. If any provision of the Terms is nonetheless held unenforceable in any jurisdiction, the provision will be enforced to the maximum extent permissible in that jurisdiction, and the enforceability of the Terms in any other jurisdiction and of the remaining provisions in that jurisdiction will not be affected. You further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act
The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. When a User registers on the Site, we obtain his or her consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you can access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement. Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. The Swarm shall have a reasonable period to effect such a change. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
Waiver and Integration
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. These Terms of Service and other referenced materials are the entire agreement between you and the Swarm with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Swarm with respect to the Services and govern the future relationship.
Changes to the Terms
Your use of the Site and the Services is governed by the then-current version of the Terms in effect on the date of such use. The Swarm may, at its sole discretion, modify the Terms and/or other policies and procedures governing the Service at any time without notice or liability by posting the modified Terms, policies or procedures to the Site. The date of any effective changes shall be reflected at the bottom of this page and, upon request, we will provide you with information regarding any changes made. Your continued use of the Services after modified Terms have been posted or otherwise provided to you constitutes your agreement to be bound by the then-current Terms.
These Terms were last updated on January 1st, 2023.
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