Bigger pockets rental agreement
* The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice."
Tenant Screening:
The Ultimate Guide
Tenant screening is one of the smartest steps you can take towards making your property management experience as headache-free as possible — and protecting your investments.
This guide is the authoritative step-by-step guide teaching the process to get your property rented to great tenants with minimal headache, stress, or costs.
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Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.
Terms of Service
Scroll and read to the bottom of the terms to proceed.
In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
- No Legal or Professional Advice. BiggerPockets, Inc., a Colorado corporation (“BiggerPockets”) is not a law firm and does not provide legal advice. The BiggerPockets Form Database provides a platform for legal information and self-help. You acknowledge and agree that making the Documents available to you does not create an attorney-client relationship or other confidential or special relationship between you and BiggerPockets. Additionally, by providing the Documents to you, BiggerPockets is not providing legal, tax, or other professional advice and the Documents are provided for informational purposes only without any knowledge of your specific circumstances. The Documents are not a substitute for legal or professional advice. Any Document may be inappropriate for your particular use case or situation. You may need to customize a Document to your specific situation, including the laws that apply to you. Additionally, rules, regulations, or laws may require different or additional provisions to achieve your desired result. Accordingly, you should consult with an attorney or appropriate professional advisor licensed in the relevant jurisdiction (a) before using Documents (whether modified or not) and (b) if you need legal or professional advice. Because BiggerPockets is not a law firm, any communications between you and BiggerPockets will not be protected as under attorney client privilege.
- Tax Disclaimer. To the extent any Document contains a discussion of tax matters or other information in the Documents are not intended to (and cannot be) used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or matter.
- Assumption of Risk. You assume all the risk and liability that may result from your use and modification of the Documents. All Documents are generic in nature and may have bracketed or highlighted items for your attention. You acknowledge that you must review and likely modify all Documents before using them. The application and impact of relevant laws will vary depending on your jurisdiction, identity, and specific circumstances and different or additional provisions may be necessary to achieve your desired result.
- License. You acknowledge that the Documents may be protected under applicable intellectual property and other laws, and as between you and BiggerPockets, BiggerPockets retains all ownership, right, title, and interest in and to the Documents, whether now existing or hereafter developed. BiggerPockets hereby grants you a limited, non-sublicensable, non-transferable, non-exclusive license to use and modify the Documents for your own internal, non-commercial business purposes. Except as provided in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Documents, except that you may fill out the Documents in accordance with your authorized use. BiggerPockets may revoke the license granted under these Terms at any time.
- Disclaimer; No Warranties. THE DOCUMENTS ARE PROVIDED “AS IS.” BIGGERPOCKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE DOCUMENTS (WHETHER EXPRESS OR IMPLIED) AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING.
- Exclusion of Damages. YOU AGREE AND ACKNOWLEDGE THAT BIGGERPOCKETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OR MODIFICATION OF THE DOCUMENTS WHETHER OR NOT BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Waiver. YOU, INDIVIDUALLY, AND ON BEHALF OF YOUR SUCCESSORS AND ASSIGNS AND ANY OF YOUR EMPLOYEES, EMPLOYERS, AGENTS, REPRESENTATIVES, CONTRACT WORKERS, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FOREVER WAIVE ANY AND ALL CLAIMS, DAMAGES, COSTS, OR CAUSES OF ACTION YOU MAY HAVE AGAINST BIGGERPOCKETS (NOW OR IN THE FUTURE) ARISING OUT OF THESE TERMS OR YOUR USE OF THE DOCUMENTS (WHETHER MODIFIED OR NOT), WHETHER KNOWN OR UNKNOWN.
- Aggregate Liability. IN NO EVENT WILL BIGGERPOCKETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ACTIVITIES UNDER THESE TERMS OR YOUR USE OF THE DOCUMENTS EXCEED AN AMOUNT EQUAL TO: (A) IF YOU DO NOT HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT YOU PAID FOR USE OF DOCUMENTS UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IF YOU HAVE A PRO OR PLUS ACCOUNT WITH BIGGERPOCKETS, THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIGGERPOCKETS FOR YOUR CURRENT ANNUAL PRO OR PLUS ACCOUNT SUBSCRIPTION IN EFFECT AT THE TIME THE LIABILITY ARISES.
- Indemnification. You agree to and shall indemnify and hold BiggerPockets and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Documents or your violation of these Terms.
- Conflicts. If any provision of these Terms conflict or are inconsistent with the Website Terms, these Terms govern with regard to the subject matter of and performance under these Terms.
- Amendment. BiggerPockets may amend or terminate these Terms at any time, with or without notice. Additionally, BiggerPockets may make changes to the Documents at any time.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provisions will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).
- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
- Choice of Law. By agreeing to these Terms, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BiggerPockets.
- Entire Agreement. These Terms and the Website Terms constitute the final and entire agreement between you and BiggerPockets with respect to the subject matter of these Terms and supersedes all other agreements, whether written or oral, between you and BiggerPockets with respect to such subject matter.