Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use or access the Site.
Your access to and use of this website, which is operated by Active Duty Passive Income LLC, an Ohio limited liability company (“Company”), is governed by these terms and conditions (“Terms of Use”) and all applicable laws. These Terms of Use apply to this website, all ADPI services and products, and all software and mobile applications associated with ADPI (collectively, the “Platform”).
You agree as follows:
1. Intellectual Property and Platform Content. All content, videos, training materials, products, services, text, graphics, visual interfaces, and artwork (collectively, the “Platform Content”), including but not limited to the structure, selection, coordination, expression, design, and “look and feel” of the Platform Content is owned, controlled, or licensed by or to ADPI and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. Unless otherwise expressly permitted, no part of the Platform and no Platform Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, including mirroring, to any other computer, server, website, or other medium.
2. Prohibited Use.
(a) Illegal Use. You are strictly prohibited from using, promoting, or facilitating the Platform for any illegal, harmful, fraudulent, infringing, or offensive use, or transmitting, storing, displaying, distributing, or otherwise making available content that is illegal, harmful, fraudulent, infringing, or offensive. You will not make any network connection to any users, hosts, or networks, unless you have express written permission to communicate with them.
(b) Transfer. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Platform, including but not limited to all content, services, or products, is hereby expressly prohibited.
(c) Unsolicited Spam and Messaging. You will not use the Platform or any of its communication and messaging features to send or generate unsolicited commercial email or bulk messages (spam). You will not use Platform Site to promote products or services, other than as approved by ADPI. ADPI may revoke any of your privileges or Platform functionality aspects if you breach these Terms of Use.
(d) Content. You will not post, submit, or upload any content to the Platform that ADPI, in its sole discretion, deems to:
(i) be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; or
(ii) promote any sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(e) Scrapping and Interference. Monitoring or crawling of the Platform in any form is strictly prohibited. You will not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic devices, programs, algorithms, or methodologies, or any similar or equivalent manual process to (i) access, acquire, copy, or monitor any portion of the Platform; (ii) reproduce or circumvent the navigational structure or presentation of the Platform; (iii) obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Platform. You will not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You will not reverse look-up or seek to trace any information on any other user of or visitor to the Platform. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or ADPI’s systems or networks, or any systems or networks connected to the Platform. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform, or with any other person’s use of the Platform. You may link to the Platform, provided you do so in a way that is fair and legal and does not damage ADPI’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on ADPI’s part without ADPI’s express written consent. You will not use any trademarks, logos, and designs of ADPI, without the express written agreement of ADPI. You will not modify, merge, decompile, disassemble, translate, decode, or reverse engineer any portion of the Platform.
3. Accounts; Communications.
Access to or use of certain portions and features of the Platform may require you to create an account (“Account”). You state that all information provided by you is current, accurate, complete, and not misleading. You further state that you will maintain and update all information provided by you to ensure accuracy on a prompt, timely basis. You are entirely responsible for maintaining the confidentiality and security of your account, including your password. Accounts are not transferrable. You agree to promptly notify ADPI if you become aware or suspect any unauthorized use of your account, including any unauthorized access or attempted access. If you register with an Account, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, or communications concerning new products or services, or other records or correspondence from ADPI. You further consent to receive notices electronically by way of transmitting the notice to you by email.
4. Changes to the Platform.
ADPI reserves the right, without notice to you, to change, modify, suspend, discontinue, or permanently terminate (i) your access to, or portions of, the Platform; or (ii) operation of the Platform. ADPI may modify these Terms of Use at any time. It is your responsibility to monitor the Terms of Use for changes. Your continued use of the Platform following any changes to the Terms of Use will constitute your acceptance of the modified Terms of Use.
5. User Content.
You state that you own all right, title, and interest in all of your content and material posted or submitted to the Platform. You further state that such posting or submission of such content or materials does not violate or constitute infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or any other intellectual property right, or otherwise constitute a breach of any agreement with any other person or entity. By posting or submitting content or materials to the Platform, including any feedback, suggestions, or ideas, you are granting ADPI a non-exclusive, royalty-free, perpetual, transferable, sublicensable, and worldwide license to use such content or materials, including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, publish, reformat, and to otherwise incorporate such content and materials into a collective work. You further waive any and all moral rights in and to such content in favor of ADPI.
6. Security.
You agree that use of the Platform is completely at your own risk. ADPI strives to maintain reasonable safeguards and security measures. Unfortunately, no transmission of information via the internet is 100% secure. ADPI cannot guarantee the security of the Platform. ADPI strongly recommends that you take every precaution in protecting your information, including using complex passwords, changing your passwords often, and using secure browsers, servers, and devices.
7. Privacy Policy.
In addition to these Terms of Use, by using the Platform, you agree to the terms of ADPI’s Privacy Policy, found at https://www.activedutypassiveincome.com/privacy-policy.
8. Violations of these Terms of Use.
ADPI may disclose any information, including your identity, if ADPI determines, in its sole discretion, that such disclosure is necessary, or such disclosure is required by applicable law. You agree that any violation by you of these Terms of Use may cause irreparable harm to ADPI, for which monetary damages would be inadequate, and you agree that ADPI, in its sole discretion, may obtain any injunctive or equitable relief that ADPI deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ADPI may have at law or in equity. If ADPI does take any legal action against you as a result of your violation of these Terms of Use, ADPI will be entitled to recover from you, and you agree to pay, all reasonable attorney fees and costs of such action, in addition to any other relief granted to ADPI. You agree that ADPI will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms of Use.
9. Outside Hyperlinks.
The Platform may contain hyperlinks to other websites operated by parties other than ADPI, which are beyond ADPI’s control. ADPI does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of outside hyperlinks. ADPI does not assume any liability for the actions, product, or content of any of these and any other third parties. ADPI also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
10. Disclaimers and Limitations of Liability.
(a) Disclaimer of Warranties. THE PLATFORM AND ALL RELATED SERVICES ARE PROVIDED BY ADPI ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADPI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDS, EXPRESS OR IMPLIED, AS TO THE OPERATION, THE CONTENT ON THE PLATFORM, OR AVAILABILITY OF THE PLATFORM. ALL INFORMATION AND PLATFORM CONTENT ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. ADPI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILTY, AND FITNESS FOR A PARTICULAR PURPOSE. ADPI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. ADPI IS NOT RESPONSIBLE FOR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR REMEDY AGAINST ADPI FOR DISSATISFACTION WITH THE PLATFORM OR ANY PLATFORM CONTENT IS TO STOP USING THE PLATFORM OR ANY PLATFORM CONTENT. IN THE EVENT YOU PAID ANY FEES TO ADPI, ADPI’S ENTIRE LIABILITY UNDER THESE TERMS OF USE WILL BE A REFUND TO YOU OF THE FEES PAID TO ADPI HEREUNDER, AND IN NO EVENT WILL ADPI’S LIABILITY FOR ANY REASON EXCEED SUCH FEE.
(b) Special Damages. IN NO EVENT SHALL ADPI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THESE TERMS OF USE OR YOUR USE OF THE PLATFORM.
(c) Data. You explicitly agree that ADPI does not have any responsibility to verify the accuracy of any content or materials submitted by any third party to the Platform, including other users. You are solely responsible for retaining back-up copies of all data, information, and other content you provide to ADPI and submit to the Platform.
11. Age. As a condition of using the Platform, you state that you are at least sixteen (16) years of age (“Minimum Age”). If any law requires you to be older for ADPI to provide access to the Platform, then the Minimum Age is such older age.
12. Governing Law. These Terms and your use of the Site, including all disputes arising hereunder, will be governed by the laws of the United States and by the laws of the State of Ohio, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts of Franklin County, Ohio, and waive any objection to such jurisdiction or venue.
13. Indemnification. You agree to indemnify and hold ADPI and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to: (i) your breach of these Terms of Use; (ii) any violation by you of law or the rights of any third party; (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Platform; (iv) your use of the Platform or any services that ADPI may provide via the Platform; and (v) your conduct in connection with the Platform. ADPI reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
14. Educational and Informational Purposes. In using the Platform, you agree that (i) the Platform is offered solely for informational and educational purposes; and (ii) that nothing on the Platform constitutes tax, legal, investment or financial advice. ADPI recommends that you seek the advice of qualified tax, legal, investment, and financial professionals before making any type of investment, including but not limited to purchasing or investing in real estate. Any discussion, analysis, or coverage of any real estate purchase, calculation, or investment may not reflect your actual return on your own real estate purchase or investment, and there is no guarantee that any discussion, analysis, or coverage will work for or apply to you. Any involvement in real estate can result in risk and partial or total loss. You agree that all content on the Platform is provided “AS IS”, and ADPI is not responsible for any purchase, sale, or investment that you may make.
15. Affiliate Link Disclosure. The Platform may contain affiliate links, from time to time. If you use an affiliate link to purchase or use a service or product, ADPI may receive a small commission, at no additional cost to you.
16. Miscellaneous. You will not assign any of your rights or obligations under these Terms of Use without the prior written consent of ADPI. If any provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms of Use constitute the entire agreement between you and ADPI with regard to your use of the Platform, and any and all other written or oral agreements or understandings previously existing between you and ADPI with respect to such use are hereby superseded and canceled. All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available.
17. Refund Policy.
17a. Subscription Purchases:
a. NO REFUND: All subscription purchases are non-refundable. Once you have purchased a subscription, there will be no refunds provided for any reason.
b. CANCELLATION: Subscribers have the option to cancel their subscription at any time. Upon cancellation, you will retain access to the course content and community until the end of the current billing period. To cancel your subscription, please follow the cancellation instructions provided on our platform.
17b. Cohort and Consulting Purchases:
a. NO REFUND: All sales are final. Client is expected to and shall participate and follow the instructions and guidance given by the account manager. Without limiting the foregoing, for services such as group cohorts, one-on-one consulting and done for Client’s services, refunds are not offered.
Last Updated: May 2024