Read the Property · know the deal, know the room
A Model Mentor LLC education brand

Terms of use

These terms govern use of the 10-Year Capital Forecast and the other educational material published at readtheproperty.com by Model Mentor LLC, a Wyoming limited liability company. They are the same terms presented for acceptance before the forecast opens.

1. Purpose and nature of this tool

This tool is provided by Model Mentor LLC for general educational purposes. It is a calculator that performs arithmetic on figures supplied entirely by the user. It does not inspect, examine, value, appraise, survey or evaluate any property, and it produces no findings, opinions or conclusions about any property.

2. Not professional services

Nothing here constitutes a home inspection, real estate appraisal, opinion of value, brokerage service, engineering assessment, construction estimate, insurance advice, or legal, tax, accounting or financial advice. Model Mentor LLC is not a licensed home inspector, appraiser, engineer, contractor or real estate broker, and does not hold itself out as any of these. No professional, fiduciary, advisory or client relationship is created by your use of this tool.

3. User-supplied information

All ages, replacement costs, purchase prices and other figures are entered by you. Model Mentor LLC does not verify, endorse or warrant any figure you enter, and has no knowledge of any property to which you apply this tool. Any output reflects only your own inputs.

4. Component-life figures are your assumptions

This tool supplies no component-life figures. Every planning life, age and cost is entered by you, from sources you select. Where the tool refers to external resources it does so by reference only and does not reproduce them.

Component-life figures are planning assumptions, not predictions of remaining useful life. Published service-life ranges describe general expectations under assumed conditions; they do not establish how long any particular component in any particular property will last. A component past its assumed life may continue to function for years, and a component well within its assumed life may fail without warning. Subtracting age from an assumed life produces a planning horizon, not a statement of fact about the property.

5. No reliance

You agree not to rely on this tool or its output as a basis for purchasing, declining to purchase, pricing, offering on, valuing, insuring, financing or disposing of any property, or for any other decision with financial or legal consequence. Decisions of that kind require the judgment of qualified licensed professionals engaged directly by you, including as appropriate a home inspector, structural engineer, appraiser, contractor, surveyor, insurance professional and attorney.

6. No warranty

This tool is provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.

7. Limitation of liability

To the fullest extent permitted by law, Model Mentor LLC and its members, officers, employees and contractors shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, or for any lost profits, lost opportunity, diminution in value, failed or delayed transaction, or economic loss of any kind, arising out of or relating to your use of or inability to use this tool, whether based in contract, tort, negligence, strict liability or otherwise, and whether or not advised of the possibility of such damages.

8. Third parties

This tool is offered to the person using it. No third party — including any seller, buyer, agent, brokerage, lender or other participant in a transaction — is an intended beneficiary of it, and no duty is owed to any such party.

9. Jurisdiction-specific matters

Permitting requirements, disclosure obligations, inspection standards of practice, licensing rules and property rights vary by jurisdiction and change over time. Nothing here states what any rule requires in any location. Where this material refers to permits or approvals, it directs you to identify and contact the governing authority.

10. Governing law; dispute resolution; arbitration; indemnification

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT AS PROVIDED BELOW OR WHERE APPLICABLE LAW REQUIRES OTHERWISE, THESE TERMS REQUIRE DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT AND INCLUDE A WAIVER OF PARTICIPATION IN CLASS AND COLLECTIVE ACTIONS.

10.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms, the Services, the Content, or your relationship with Model Mentor LLC will be governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles, except to the extent that applicable federal law governs or the law of your state of residence provides rights or protections that cannot lawfully be waived or limited by agreement.

Nothing in these Terms is intended to waive or limit any right or remedy that cannot lawfully be waived or limited under applicable consumer-protection or other mandatory law.

10.2 Informal Resolution Before Arbitration

Before commencing arbitration, either you or Model Mentor LLC must first give the other written notice describing the dispute and the relief requested and make a good-faith effort to resolve the dispute informally.

The party receiving the notice will have thirty (30) days from receipt to attempt to resolve the dispute. If the dispute has not been resolved after that period, either party may commence arbitration as provided below.

This informal-resolution requirement does not prevent either party from seeking relief in small claims court where permitted by Section 10.5 or from seeking relief where applicable law does not permit this requirement to be enforced.

10.3 Binding Individual Arbitration

Except for disputes eligible for small claims court as provided below, and except where applicable law prohibits arbitration of a particular claim, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Content, or your relationship with Model Mentor LLC will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Mediation Procedures in effect when the arbitration is commenced, as applicable.

The arbitration will be conducted on an individual basis. The arbitrator may award any remedy or relief available to the individual claimant under applicable law and permitted by the applicable AAA rules.

Judgment on an arbitration award may be entered in any court having jurisdiction.

Nothing in this Section requires arbitration of a claim that applicable law does not permit to be arbitrated.

10.4 Class and Collective Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MODEL MENTOR LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and Model Mentor LLC agree otherwise in writing, and except to the extent applicable law requires otherwise, an arbitrator may not consolidate the claims of more than one person or otherwise preside over any form of class, collective, consolidated, coordinated, or representative proceeding.

Nothing in this Section waives any right or remedy that cannot lawfully be waived by agreement.

10.5 Small Claims Court

Notwithstanding Sections 10.3 and 10.4, either party may bring an individual claim that qualifies for small claims court in a court of competent jurisdiction, to the extent permitted by the applicable AAA rules and applicable law.

10.6 Courts for Matters Not Subject to Arbitration

For any dispute that is not required to be arbitrated under these Terms and is not properly brought in small claims court, you and Model Mentor LLC consent to the exclusive jurisdiction of the state and federal courts having jurisdiction in Wyoming.

This provision does not deprive a consumer of any venue, jurisdiction, or other protection that cannot lawfully be waived under applicable law.

10.7 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Model Mentor LLC and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising out of or relating to:

(a) your unlawful use of the Services or Content;

(b) your material violation of these Terms; or

(c) content or materials that you submit, upload, or provide through the Services, to the extent the claim arises from your unlawful conduct or infringement of a third party’s rights.

This indemnification obligation does not apply to the extent a claim results from Model Mentor LLC’s own negligence, willful misconduct, violation of law, or other conduct for which liability cannot lawfully be shifted to you.

Nothing in this Section requires a consumer to indemnify Model Mentor LLC for Model Mentor LLC’s own obligations to the consumer under applicable law.

10.8 Consumer Rights Preserved

Nothing in these Terms, including the governing-law, arbitration, venue, limitation-of-liability, disclaimer, or indemnification provisions, is intended to waive, restrict, or eliminate any consumer right, statutory remedy, regulatory protection, or other protection that cannot lawfully be waived, restricted, or eliminated by agreement.

If any provision of this Section conflicts with a mandatory protection provided by applicable law, that mandatory protection controls to the extent of the conflict.

11. Changes

These terms may be updated. The version in force is the one displayed at the time of use.

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