TERMS OF SERVICE
THIS IS IMPORTANT — PLEASE READ
ACCEPTANCE OF TERMS
By accessing, downloading, installing, visiting or attending the Pesa Capital, LLC dba Investor Mindset & Steven Pesavento (the “Company”). Educational Services: whether or not you become a registered user (“User”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) our privacy notices and policies, found on the website created and operated by Pesa Capital, LLC (the “Site”) and incorporated herein by this reference as though fully set forth here, (3) our Community Guidelines, and (4) our Services & Pricing, all of which are found at the Site and incorporated herein by this reference. Collectively, these Terms of Service, the privacy notices and policies, Community Guidelines, and Services & Pricing are also referred to and treated as Terms of Service. You acknowledge that you have read and understood all of these Terms of Service. If you do not agree to any of the Terms of Service, please do not use the Site or any services offered by Pesa Capital, LLC (the “Services”).
In your use of the Site and Services, you agree to comply with all applicable laws. In other words, you may NOT use the Site or Services for any unlawful, illegal or, in our judgment, immoral purpose. If we determine that you are violating any provision of the Terms of Service, we reserve the right to terminate and deny you access and use of the Site and Services.
Although we may attempt (but are not obligated) to notify you when changes are made to these Terms of Service, you should periodically review the most up-to-date version at the Site. You hereby agree to abide by and honor the most up-to-date version of the Terms of Service. By each use of the Site or Services, you agree to be bound by the latest version of these Terms of Service, privacy notices and policies, Community Guidelines, and Services & Pricing. Company may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any rights or benefits on or for any third-party.
You must review these Terms of Service at https://stevenpesavento.com/terms-conditions/ on a regular basis to keep yourself informed of any changes.
Company does not exist to render and does not give legal, tax, real estate brokerage, economic or investment advice and disclaims all liability for the actions or inaction taken or not by you as a result of communications from or to our students, members, officers, directors, employees and contractors. Each individual should consult his/her own professional advisor(s).
Company publishes niche real estate educational information to help further your full or part-time real estate career. Our goal is to educate the investor in real estate investing, networking, relationship, sensitivity training and other related industry topics.
Company makes every effort to produce and publish the most current and accurate information possible. Moreover, because of the ever-changing laws relating to landlord-tenant relationships and other aspects of real estate, specific application of any of our material to a member’s individual situation should be made only with the advice of local legal counsel. No warranties, expressed or implied, are provided for the data we publish, its use, or its interpretation.
Company, its officers, and the contributing members specifically disclaim any liability for loss or risk, personal or otherwise, which may be incurred as a consequence, directly or indirectly, of the use or application of any of the ideas, concepts, techniques, forms, documents or contents presented or implied on the Site or at meetings or other educational forums presented by Pesa Capital, LLC dba Steven Pesavento. By accessing or using the Site, you waive and release any claims against Pesa Capital, LLC dba Steven Pesavento, and its owners, students, members, managers, employees, and agents (“Releasees”) for any alleged damage resulting from the use or application of the ideas, concepts, techniques, forms, documents, or contents presented or implied on the Site or at meetings or other educational forums including damage allegedly cause by the negligence of one or more of the Releasees.
By attending any of the activities provided by Company, the member hereby releases, discharges and agrees to indemnify the brand name, and the Releasees identified above from any and all liabilities associated with our organization, including claims of damage allegedly caused by the negligence of one or more of the Releasees.
The viewpoints expressed and methods promoted by speakers at Company events are not necessarily those of the board, staff, or leaders of Pesa Capital, LLC dba Steven Pesavento.
These Terms of Service apply to all users of the Site, whether or not you are a registered member. By using this Site, by viewing, visiting, using, or interacting with this Site or with any banner, pop-up, or advertising that appears on It, you are agreeing to comply with and be bound by these Terms of Service. If you do not agree to these Terms of Service, you may not access or use this Site, Services or Products. If you are under 18 years of age, you may only use this Site or the Products with the involvement of a parent or legal guardian.
YOUR ACCEPTANCE OF OUR IMAGE POLICY
The Company utilizes images for the promotion of products and services. In most cases, these images are public domain and allow the Company to use them in the promotion of products without obtaining the written consent of the owner. Images may include pictures, imagery, business listings, reviews and other items. Most images are granted a “Fair Use” license. Fair Use is defined by United States copyright law which allows the use of copyrighted work in certain ways without obtaining a license from the copyright holder.
The Company does not assert copyright or grant any rights to the underlying images provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.
While the Company makes every effort to ensure that images are accurate, it cannot accept responsibility for any errors and is not liable for any errors.
YOUR ACCEPTANCE OF OUR TESTIMONIAL POLICY
The Company utilizes testimonials & success stories for the promotion of products and services. In most cases, these testimonials are public domain or have been shared via email, video, text or social media and allow the Company to use them in the promotion of products without obtaining the written consent of the owner. Information including but not limited to first and last names, images, locations, businesses, stories may be shared. Most testimonials are granted a “Fair Use” license. Fair Use is defined by United States copyright law which allows the use of copyrighted work in certain ways without obtaining a license from the copyright holder.
The Company does not assert copyright or grant any rights to the underlying testimonials provided through the Services. Any use of these testimonials and descriptions are subject to the copyright owner’s permission and/or the requirements of applicable law.
While the Company makes every effort to ensure that images are accurate, it cannot accept responsibility for any errors and is not liable for any errors.
If you find an error or would like information updated or hidden, please contact the company at firstname.lastname@example.org
YOUR ACCEPTANCE OF OTHER AGREEMENTS
When you purchase products or services through this Site or from the Company, you may be asked to agree to special terms governing such purchases. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Service, the terms of the click-through agreement will supplement or amend these Terms of Service, but only with respect to the matters governed by the click-through agreement.
OWNERSHIP OF SITE AND PRODUCTS
The Company owns and operates this Site and the information, materials, product names and services available on it. The Company also owns the Products and the information and materials available in connection therewith. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of the Company, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site or contained in the Products is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyrights laws.
You do not acquire any ownership rights to this Site and its content, the Products, or any intellectual property, trademarks, or logos of the Company by your use of this Site or the Products. You acknowledge that this Site and its contents and the Products are valuable commercial assets which the Company has expended substantial time and resources to develop. You expressly agree that the Company and its affiliates retain all ownership rights to this Site and its contents, to the Products, and to any intellectual property, trademarks, or logos of the Company. You further agree that the strategies and methodologies provided on the Site and in the Services provided by the Company constitute a Trade Secret, belonging to the Company, in that the strategies and methodologies have commercial value and confer a competitive advantage, they are not known to the public, and the Company takes reasonable measures to keep them secret (except as to those who have paid for their personal usage, but not to repurpose, re-sell or copy.
LIMITED USE OF SITE AND PRODUCTS
You are hereby granted a limited, revocable, non-exclusive right to access and use this Site and the Products subject to the limitations set forth herein.
Use of Site. You are responsible for all activities that occur with the use of your account and password. You agree to provide true, accurate, current and complete information about yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of your credit card, you shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.
This Site is intended for personal use only, and you may not use this Site or any of its content for the benefit of any other company or merchant. You may not use any data mining, robots, or similar data gathering and extraction tools on this Site or its content. You may not reproduce, duplicate, copy, visit, or otherwise exploit this Site or its content for any commercial purpose other than as expressly allowed under these Terms of Service or without express written consent of the Company.
User posted content. You shall not upload, post, transmit, share, store or otherwise make available any content to this Site that the Company deems, in its sole and absolute discretion, to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, negative, hateful, or racially, ethnically or otherwise objectionable. You are solely responsible for any content that you upload, publish or display, or transmit to or share with third-parties through this Site or our communities. You may not post, transmit, or share any such content that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review any such content and may delete or remove (without notice) any such content in its discretion, for any reason or no reason, including content that in the sole judgment of the Company violates these Terms of Service.
Any communications or material of any kind that you email, post or otherwise transmit through this Site, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. The Company is free to use any ideas, concepts, know-how or techniques contained in your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Use of Products. You may not reproduce, republish, resell or undertake any such similar use of the Products. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so. You may not use any meta tags or any other “hidden text” utilizing the Company’s name, logo or trademarks without the express written consent of the Company. You agree to keep all information learned from the Site or the Services or Products strictly confidential, and you agree not to disclose or distribute such information to any third-party.
Any unauthorized use of the Site or the Products automatically terminates the permission or license granted by the Company herein.
FEES AND PAYMENT
Prices and availability for Products are subject to change without notice. If you provide us with a credit card that expires during the term of these Terms of Service, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay the Company in the event of any refusal of your credit card issuer to pay any amount to the Company for any reason. Payments returned for insufficient funds shall be charged fees as allowed by law.
If you have agreed to monthly or fee payments, you hereby authorize the Company to draw an annual or monthly automatic recurring payment or per item from your credit card, covering all monthly purchases and all other applicable payments for your agreement or subscription. If you elect an annual payment option, your payment for that year is charged upfront for your annual subscription. One (1) year from the month of purchase, you authorize the Company to automatically charge the annual renewal for continued service. At least thirty (30) days prior to the automatic renewal date, annual subscribers can request in writing to convert their annual subscriptions to month-to-month subscriptions.
All month-to-month fee’s or subscriptions will renew automatically on a month-to-month basis, and monthly recurring payments, where applicable, will continue until notice of cancellation is received. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
The Company reserves the right to revoke access to the subscriptions if the balance is overdue or invoices are not paid in full. If for any reason you default on your contracted payment obligations, you hereby authorize the Company or its assignee to collect the outstanding monies, plus service charges and interest, in any method available to the Company. You shall indemnify the Company for all collection costs, including reasonable attorney fees, incurred by it in order to satisfy your payment defaults.
As referenced above, if you have agreed to annual payments for your subscriptions, you hereby authorize Company to withdraw payments annually from your credit card, covering the discounted annual fee and all other applicable payments for your Service.
Billing Cycle: The membership fee for service or any other charges you may incur in connection with your use of the Site or Services, such as taxes and possible transaction fees, will be automatically charged on a monthly, quarterly or annual basis depending on your billing cycle to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. To cancel your subscription, submit a ticket at email@example.com
Monthly Subscriptions automatically renew each month at the stated retail price until you notify the Company that you wish to cancel.
Annual Subscribers will be notified via email prior to renewal and the annual subscription will automatically renew each year at the stated retail price until you notify the Company that you wish to cancel.
Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.
Cancellation: You can cancel a Company membership at any time, and you will continue to have access to the Company Site and Services through the end of your billing period. We do not provide refunds or credits for any partial-month/annual membership periods. To cancel, email firstname.lastname@example.org. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, you may email email@example.com.
Excessive returns will not be accepted. Refunds will not be given to any one customer for one specific product more than twice. There is an unlimited amount of orders that a customer can place for one specific product, but the money back guarantee is void after a customer has used it for one specific product more than twice.
Shipping cost of the product from Pesa Capital, LLC to your door will not be refunded. Shipping cost of the product to the Pesa Capital, LLC Refund Department will not be compensated.
To ensure that your product is not lost or damaged, we strongly recommend sending the product certified mail with a tracking number. If we do not receive the product back and the customer does not have proof that the product was returned, we cannot issue a refund.
Valid proof of returning a product includes: delivery confirmation or signature required via USPS. If the customer has delivery confirmation or signature required, then a full refund will be issued. Due to loss or missing or slow mail, we will honor any package that is postmarked for up to one year after the purchase of the product and in good condition.
From time-to-time the Company will offer promotional codes for its various products and services, including ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply.
Refund Policy – Money Back Guarantee
I strongly believe you will receive more value than your membership dues.
However, if for any reason you are not completely satisfied, I offer a money back guarantee and will refund you.
The ROI is simple in real estate, the lessons we teach within this program have lead to hundreds of millions of dollars earned from those who apply them. And I’m confident that you have the ability to take the same actions. These results take effort, they take commitment and they take action – which if you’re accepted into the program I’m confident you have the capabilities to execute.
In short, there’s no risk in signing up for the accelerator program! If you’re less than satisfied with the value provided, we’ll refund your money. It’s that simple. Just send us an email at firstname.lastname@example.org showing us what you did, why it didn’t work for you, and we’ll refund your money. The strategies are built upon fundamental principles that only work if you apply them consistently.
Service and Password Security
You are responsible for maintaining the confidentiality of your Service password, and you are responsible for all activities that occur under your Service. You agree to immediately notify Company of any unauthorized use of your password or Service or any other breach of security, which includes but is not limited to computer viruses, trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.
Company reserves the right to revoke access to the Service and/or Site, at its sole option and discretion and without notice to you, if any misuse or foul play occurs or is suspected within the system.
Company will not be liable for any loss or damage arising from tour failure to provide us with accurate information or to keep your password secure.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, EXPRESS OR IMPLIED. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS Pesa Capital, LLC dba Steven Pesavento, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE (INCLUDING DAMAGES CAUSED BY THE ALLEGED NEGLIGENCE OF ONE OR MORE OF THE PERSONS OR ENTITIES RELEASED HEREBY). YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
You hereby expressly agree to indemnify, defend, and hold harmless the Company, its officers, directors, managers, employees, shareholders, members, agents, providers, merchants, sponsors, licensors, suppliers, and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) by you or any third-party resulting or arising, directly or indirectly, out of: (a) Your use of this Site and/or the Products, (b) Your violation of any federal, state or local laws, regulations or requirements (including, without limitation, relating to use of personal information, privacy, or direct mailing), or (c) Your violation of these Terms of Service.
Any income or earnings statements are examples of income potential only, and there is no assurance that your earnings will match the figures we present. Your individual results depend on your individual actions and situations that are at times uncontrollable and is at your own risk. Any income or earnings depicted are NOT to be interpreted as common, typical, expected, or normal for the average student. This particular result may be exceptional, and the variables that impact results are so numerous and sometimes uncontrollable, that Company makes no guarantees as to your income or earnings of any kind, at any time.
Where specific income examples are used, and attributed to an individual or business, those persons or businesses have earned that amount. But there is no assurance that your earnings or income will match those figures, or that you will make any money at all. If you rely upon our examples or figures, you do so at your own risk, and you accept all risk associated with your reliance.
Any and all claims or representations as to income earnings made on our Site or in our materials or information are not to be considered as average earnings. Testimonials are not representative. There can be no assurances that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.
Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore, we do not guarantee or imply that you will win any incentives or prizes that may be offered, that you will make any income or earnings, that you will do well, or that you will make any money at all. If you rely upon our examples or figures, you do so at your own risk, and you accept all risk associated with your reliance.
Real property businesses and earnings derived therefrom, have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in our programs, products, services or on our website, should be done only with the knowledge that you could experience significant losses, or make no money at all. Only risk capital should be used.
All products and services of our company are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your accountant, lawyer or professional advisor, before acting on this or any information.
Users of our programs, products, services and website are advised to do their own due diligence when it comes to making business decisions and all information, programs, products and services that have been provided should be independently verified by your own qualified professionals. Our information, programs, products and services should be carefully considered and evaluated before reaching a business decision, or whether to rely on them. All disclosures and disclaimers made herein, on our web sites or in any materials provided to you apply equally to any offers, prizes or incentives that may be made by our company.
You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company programs, products and/or services.
GOVERNING LAW, JURISDICTION AND VENUE
Any claim relating to this Site or the Products or Services shall be governed by the internal laws of the State of Colorado, without reference to its choice of law provisions. Any dispute relating in any way to your use of this Site or the Products or Services must be brought exclusively in the Circuit Court of Jackson County, Colorado at Independence, and you and the Company hereby waive all defenses related to jurisdiction, venue, and forum non conveniens for that purpose. To the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts.
Our failure at any time to require performance of any provision of these Terms of Service or to exercise any right provided for herein will not be deemed a waiver of such provision or such right.
Modification and Severability
The Company reserves the right to make changes to this Site, the Products, and these Terms of Service at any time at the Company’s discretion. Your continued use of this Site and/or the Products or Services shall be deemed to be your continued acceptance of the Terms of Service as amended, if applicable. If any provisions herein shall be deemed invalid, void, or unenforceable for any reason, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Updated: April 1, 2021
We will share personal information with our partners, affiliates, or other trusted businesses to market relevant educational products and services – including telephone solicitations. The trusted partners are bound by confidentiality agreements, and they don’t have any independent right to share your personal information. Students have the express right to limit (or eliminate) the sharing of information using the opt-out procedure described below. Also, please write to us to obtain a list of our trusted partners.
Further, the information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions. Please note that if you give out personal information online through a discussion board or posting site, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.