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General.  You are receiving this email or attending this zoom call because you are signed up to receive Breaking Out of the Medical Mindset emails.  Breaking Out of the Medical Mindset and its officers, directors, owners,  employees, agents and representatives (collectively, “BOOMMM”) maintains a website (the “Site”), provides periodic emails and sponsors zoom calls for informational purposes only.  No purchase is necessary to receive emails from BOOMM or participate in any zoom call sponsored by BOOMM, who provides these services free of charge to recipients and participants; however, users of the site or persons receiving such emails attending such zoom calls are subject to the following statements and disclaimers, our Privacy Policy, our Terms of Use, all other policies and procedures of BOOMM and all applicable laws.  Any user that accesses the Site, or any pages contained therein, or receives any email or attends any zoom call, agrees to be bound by all of the foregoing.

No Legal, Real Estate or Tax Advice.  The information provided on the Site or discussed or disclosed in any email or zoom call (collectively, the “Content”) is provided for educational and promotional purposes only and is exclusively intended and suitable for accredited investors familiar with, and willing to accept the risks, known and unknown, associated with, privately offered investments.  You should not construe any Content or other material as legal, tax, investment, financial, or other advice.  Nothing contained on the Site or discussed or disclosed in any email or zoom call constitutes a solicitation, recommendation, endorsement, or offer by BOOMM or any third party service provider to buy or sell any securities or other financial instruments and is not intended to promote, solicit or encourage any person to invest or replace or serve as a substitute for any legal, real estate, tax, or other professional advice, consultation or service.  You should consult with a professional in the respective legal, tax, accounting, real estate, or other professional area before making any decisions or entering into any contracts with any of the third parties named herein or pertaining to the property or properties offered as investment opportunities by such third parties.

All Content is information of a general nature and does not address the circumstances of any particular individual or entity.  Nothing in any of the Content constitutes professional and/or financial advice, nor does any Content constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.  BOOMM is not a fiduciary by virtue of any person’s use of or access to the Content.  You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content before making any decisions based on such information or other Content.  In exchange for using the Site, receiving emails or participating in zoom calls you agree not to hold BOOMM, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Site or in any such emails or zoom calls.

Investment Risks.  There are numerous risks associated with investing in real estate deals, including risk of loss.  Monetary gain is not guaranteed, and you could lose some or all of your invested principal by participating in off-market deals.  Some investments may use leverage, which will accentuate gains and losses.  In addition, the past investment performance of a sponsor of an investment opportunity is not a guarantee or predictor of future investment performance.  You are also encouraged to perform your own due diligence review of any investment opportunity that might be offered to you.   

There are also significant expenditures associated with an investment in real estate (such as debt service, real estate taxes, insurance and maintenance costs) that generally do not decline when circumstances reduce the income from the property.  Income from and the value of the properties acquired may be adversely affected by the following factors:

•  downturns in international, national, regional and local economic conditions (particularly increases in unemployment);
•  the attractiveness of particular properties to potential tenants and competition from other properties;
•  increases in the supply of or decreases in the demand for similar or competing properties in target markets;
•  bankruptcies, financial difficulties or lease defaults by tenants;
•  changes in interest rates;
•  availability and terms of debt financing;
•  changes in operating costs and expenses;
•  changes in, or increased costs of compliance with, governmental laws, rules, regulations and fiscal policies, including changes in tax, real estate, environmental and zoning laws, and potential liability thereunder;
•  changes in the cost or availability of insurance, including coverage for mold or asbestos;
•  environmental conditions or retained liabilities for such conditions;
•  vacancy rates and tenant turnover;
•  the illiquidity of real estate investments generally;
•  residents’ perceptions of the safety, convenience and attractiveness of particular properties and the neighborhoods where they are acquired;
•  the ongoing need for capital improvements, particularly in older properties;
•  the ability or unwillingness of residents to pay rent increases;
•  civil unrest, acts of God, including earthquakes, floods, pandemics and other natural disasters, which may result in uninsured losses, and acts of war or terrorism; and
•  rent control or rent stabilization or other housing laws, which could prevent us from raising rents.

For these and other reasons, BOOMM cannot and does not make any guarantees of investor performance.

No Investigation of Particular Properties.  BOOMM has not made any investigation, and makes no warranty or representation, with respect to the income or expenses for any particular property, the future projected financial performance of such property, the size and square footage of such property and improvements, the presence or absence of contaminating substances, PCB’s or asbestos, compliance with state and federal regulations, the physical condition of the improvements thereon, or the financial condition or business prospects of any tenant, or any tenant’s plans or intentions to continue its occupancy of the subject property.

Third Party Linked Sites.  As a convenience to you, BOOMM may provide hyperlinks to web sites operated by third parties.   BOOMM has no control over such sites or their content, is not responsible for the availability of such external sites or their content, and does not adopt, endorse or have responsibility or liability for any such sites or content, including investment opportunities. Your use of third party web sites and content, including without limitation investment opportunities, is at your own risk and is subject to their terms of use. 

Content is not Warranted.  THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.  YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON THE SITE OR PROVIDED BY BOOMM TO YOU.  All calculations and data presented in publications and digital marketing and media, including but not limited to the Site, emails, zoom calls and presentations and return models are deemed to be accurate, but accuracy is not guaranteed.  BOOMM AND ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, REPRESENTATIVES, SUPPLIERS AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE, AND WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING/PERFORMANCE OR USAGE OF TRADE. 

Limitation on Liability.  YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND CONTENT IS TO STOP USING THE SITE AND CONTENT.  BOOMM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR LOSS OF OTHER INTANGIBLES.  IN PARTICULAR, AND WITHOUT LIMITATION, BOOMM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR CONTENT.

No Quality of Service Guarantee.  While BOOMM tries to maintain the integrity and security of the Site and the servers from which the Site is operated, BOOMM does not guarantee that the Site or Content is or remains secure, complete or correct, or that access to the Site or Content will be uninterrupted or error free.  The Site and Content may include inaccuracies, errors and materials that violate or conflict with these Terms.   

 Date of Last Update: February 13th, 2023 (the “Effective Date”)

OVERVIEW

Welcome to Boommindset! This website, www.boommindset.com (the “Website”), is operated by Luxury Rental and Real Estate LLC (“LRRE”). The terms “we”, “us” and “our” refer to LRRE. LRRE offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and on this Website.

By visiting our Website, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”) and our Privacy Policy, which are incorporated herein by reference. These Terms of Service apply to all users of the Website and the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service and our Privacy Policy carefully before accessing or using our Website or the Services.  By accessing or using any part of the Website or the Services, you agree to be bound by these Terms of Service and our Privacy Policy.  If you do not agree to Terms of Service and our Privacy Policy, then you may not access the Website or use any of the Services.  

Any new features or tools which are added to the Website shall also be subject to the Terms of Service and our Privacy Policy. You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of the Terms of Service at any time.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.  You may not use this Website, the Services and our products for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws and regulations (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature. 

We may need to contact you about your use of the Services.  These communications are part of the Services.  As part of your use of the Services, you may receive notifications, text messages, alerts, or emails.  You agree to the receipt of these communications.  You are responsible for any messaging or data fees you may be charged by your wireless carrier.

GENERAL CONDITIONS - INTELLECTUAL PROPERTY

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content and information (not including credit card information and Personal Information as defined in our Privacy Policy), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information and Personal Information (as defined in our Privacy Policy) is always encrypted during transfer over networks.

For purposes of these Terms of Service, “LRRE Content” means and includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through this Website and the Services to you.  The LRRE Content, the Services and its underlying technology are protected by copyright, trademark, patent, intellectual property and other laws of the United States and foreign countries.  You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices on this Website or incorporated in or accompanying the Services.

This Website and the Services are intended for your personal, non-commercial use.  LRRE grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services and access and view this Website and the LRRE Content for your personal non-commercial use.  This license is provided solely for your personal use and enjoyment of this Website and the Services as permitted in these Terms of Service.  You agree not to reproduce, reverse engineer, duplicate, copy, link to, sell, resell or exploit any portion of the Services and the LRRE Content, use of the Services and the LRRE Content, or access to the Services or any contact on the Website through which the Services are provided, without our express written permission and consent.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LRRE or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current.  The material on this Website is provided for general information and entertainment purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this Website is at your own risk.  This Website may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website.  You agree that it is your responsibility to monitor changes to our Website.

Full use of this Website and the Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access.  The maintenance and security of this equipment may influence the performance of this Website and the Services and it is your responsibility to ensure your equipment’s functionality. 

MODIFICATIONS TO THE SERVICE

Information on our Services is subject to change without notice.  We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colors and images of our Services or products that we offer that appear on our Website.  We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.  All descriptions of products or Services and their respective pricing are subject to change at any time without notice, at our sole discretion.  We reserve the right to discontinue any product or Service at any time.  Any offer for any product or Service made on this Website is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms of Service.

THIRD PARTY LINKS

Certain content, products and services available via our Services may include materials from third-parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.  You acknowledge that these Terms of Service and our Privacy Policy do not apply to any third-party services or websites.  You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any third-party services or websites. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at or without our request, you send us certain specific submissions, creative ideas, suggestions, proposals, plans, or other materials and content, whether online, by email, by postal mail, or otherwise (collectively ”Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, alter, modify and otherwise use in any medium any Comments that you forward to us.

By making your Comments available to us, you hereby grant us a non-exclusive, transferable, sublicensable, worldwide, fully paid royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your Comments (“Your License”).  We are and shall be under no obligation to:  (1) maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, in our sole discretion, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.  Additional terms and conditions may apply to contests, sweepstakes, giveaways and other promotions sponsored by LRRE and its partners.  It is your responsibility to carefully review those terms and conditions. 

You are responsible for your Comments.  You represent and warrant that you own your Comments or that you have all rights necessary to grant us Your License.  You also represent and warrant that your Comments and the use and provision of your Comments will not:  (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments.  You are solely responsible for any Comments you make and their accuracy.  We take no responsibility and assume no liability for any Comments posted by you or any third-party.

You also agree that your Comments will comply with the following guidelines:

• Be respectful of the opinions of others.  Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled.
• Remember that what works for you may not work for everyone else.   Give everyone the same courtesy you would expect in return.
• Do not post profane or explicit content.
• Do not post pictures that might be considered inappropriate.
• Do not post communications that could be interpreted as threatening or harassing.
• Do not post, advertise, or promote products or services commercially.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on this Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on this Website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Services or on this Website, should be taken to indicate that all information in the Services or on this Website has been modified or updated. 

DIGITAL MILLENNIUM COPYRIGHT ACT

LRRE respects other parties’ intellectual property rights and copyright law, and expects its users to do the same.  LRRE reserves the right, in its sole discretion, with or without notice, to terminate content, Comments, account holders and users who infringe the rights of copyright holders.  Please see LRRE’s DMCA/Copyright Policy, which is incorporated and made part of these Terms of Service.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services, the LRRE Content and the Website or its content:  (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of this Website, other websites, third parties or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or this Website, other websites, or the Internet. 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services, the LRRE Content and this Website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services, the LRRE Content and this Website will be accurate or reliable.

You agree that from time to time we may remove the Services, the LRRE Content and this Website for indefinite periods of time or cancel the Services, the LRRE Content and this Website at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services, the LRRE Content and this Website is at your sole risk.  This Website, the LRRE Content and the Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall LRRE, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this Website, the LRRE Content any of the Services or any products procured using the Services, or for any other claim related in any way to your use of this Website, the LRRE Content and the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, the LRRE Content and the Services or any content (or product) posted, transmitted, or otherwise made available through the Services, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law

DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNIFICATION

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS WEBSITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS.  LRRE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  LRRE DOES NOT WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.  ALTHOUGH LRRE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS WEBSITE.  YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.  NEITHER LRRE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE WEBSITE.  LRRE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.  IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF LRRE'S TERMS OF SERVICE AND PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICES.  YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LRRE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, LICENSORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF SERVICE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

If you violate these Terms of Service, we reserve the right to terminate and/or deactivate your account and access to this Website and/or the Services, at our sole discretion, at any time and without notice or liability to you.  Upon any such termination, we may delete any Comments and other information related to you.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.  You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

ENTIRE AGREEMENT - WAIVER

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, our Privacy Policy and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services and this Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service or Privacy Policies).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW & DISPUTES

The law applicable to the interpretation and construction of these Terms of Service and any transaction (including purchases made on this Website) using or related to the Website, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.  You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.

You agree that any disputes and judicial proceeding (including arbitration proceedings) will be brought in Los Angeles, California.  Both you and LRRE consent to venue and personal jurisdiction there.  We both agree to waive our right to a jury trial.

You further agree that you may only resolve disputes with LRRE on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement and these Terms of Service.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website.  It is your responsibility to check our Website periodically for changes.  Your continued use of or access to our Website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at legal@boommindset.com

Date of Last Update: February 13th, 2023

Luxury Rental and Real Estate LLC (“LRRE”), respects the legitimate intellectual property rights of others and expect our users to do the same.

It is our policy to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others in accordance with the U.S. Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). We have adopted an efficient notice and takedown procedure as required by the DMCA and described below.

Notice to Owners of Copyrighted Works

The DMCA specifies a legal procedure by which you can request that access be disabled to your copyrighted work(s) that appear without your permission. There are two parts to this legal procedure: (1) writing a proper DMCA notice, and (2) sending the proper DMCA notice to our designated agent (see designated agent information below).

How to Write a Proper DMCA Notice

A proper DMCA notice will notify LRRE of particular facts in a document signed under penalty of perjury. To write a proper DMCA notice, please provide the following information:

• Identify yourself as either:
  • (a) the owner of a copyrighted work(s), or
  • (b) a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• State your contact information, including your true name, street address, telephone number, and email address.
• Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing, a representative list of the works.
• Identify the material that you claim is infringing your copyrighted work, to which you are requesting that LRRE disable access.
• Identify the location of the infringing material, by providing information reasonably sufficient to permit LRRE to locate the material.
• State that you have a good faith belief that use of the infringing material in the manner complained of is not authorized by the copyright owner, its agents, or the law.
• State that the information in your DMCA notice is accurate, under penalty of perjury.
• Sign the notice with either a physical or electronic signature.

Sending the DMCA Notice to our Designated Agent

To exercise your DMCA rights, you must send your proper DMCA notice to the following agent designated by LRRE (the “Designated Agent”). The contact information for LRRE's Designated Agent is:

Name: Brett Levine
Address:
407 N. Pacific Coast Highway, #482, Redondo Beach, CA 90277
Fax: (310)406-1009
E-Mail: [email protected]

Receipt of a Proper DMCA Notice

Upon receipt of a proper DMCA notice, LRRE will follow the procedures provided in the DMCA, which specifies a notice and takedown procedure, subject to the right to submit a counter-notification claiming lawful use of the disabled works.

Notice and Takedown Procedure

It is expected that all users of any part of LRRE’s websites will comply with applicable copyright laws. However, if LRRE is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. LRRE will comply with the appropriate provisions of the DMCA in the event a counter-notification is received by its Designated Agent.

Notice to Users of LRRE’s Websites

Pursuant to the Terms of Service each user agreed to, when he or she used LRRE’s websites, that such user is required to submit only lawfully-acquired content (“User Content”). User Content may be disabled upon receipt of notice that it infringes a third party’s copyrights. LRRE also respects the legitimate interests of a user’s right to utilize media content lawfully. Each user faced with a proper DMCA notice will be permitted to present a response to claims of infringement, and obtaining timely restoration of access to User Content that has been disabled due to a copyright complaint. A user may protest a DMCA notice by submitting a counter-notification as described below.

Writing and Submitting a Counter-notification

If access to your User Content is disabled due to the operation of LRRE’s notice and takedown procedure described above, and you believe the takedown was improper, you must submit a counter-notification to our Designated Agent.

• A proper counter-notification must contain the following information:
• Your physical or electronic signature.
• Your name, address, and telephone number.
• Identification of the material that has been removed and designation of its URL prior to removal.
• A statement, under penalty of perjury of that you have a good faith belief that the material was removed or disabled as result of mistake or misidentification.
   
• Your consent to the jurisdiction of the Federal District Court for the judicial district in which you live (if you are in the U.S.), or in the district where LRRE is located (if you are not in the U.S.).
• Your consent to accept service of process from the party who submitted the DMCA notice.

To exercise your DMCA rights, you must send your counter-notification to our Designated Agent. The contact information for LRRE's Designated Agent is:

Name: Brett Levine
Address:
407 N. Pacific Coast Highway, #482, Redondo Beach, CA 90277
Fax: (310)406-1009
E-Mail: [email protected]

Repeat Infringers

LRRE may, in its discretion, use all appropriate means to terminate user access to its system or network who are repeat infringers of intellectual property rights.

Non-Compliant Communications

LRRE has discretion to handle non-compliant notices (DMCA notice or counter-notices) in whatever manner appears to be reasonable given the circumstances presented.

Submission of Misleading Information

The submission of misleading information of any sort in a DMCA notification or counter-notification submitted to LRRE voids any claim of right made by the submitting party.

Date of Last Update: February 13th, 2023

Thank you for visiting www.boommindset.com (the “Website”).  Luxury Rental and Real Estate LLC (“LRRE,” “we,” or “us”) is committed to protecting your privacy.  We strive to keep your Personal Information (as defined below) confidential. 

This Privacy Policy describes:  (i) the customer information we collect, including Personal Information, how long we retain it and why; (ii) how we use information and Personal Information and when (and if) we share it with third parties; (iii) the choices you can make about how your Personal Information is collected, used and shared; (iv) how to correct, delete or transfer your Personal Information; and (v) the data security, accuracy and access measures we have adopted to protect Personal Information under our control from loss, misuse or alteration. 

BY USING THE WEBSITE, YOU ARE CONSENTING TO THIS PRIVACY POLICY. THIS PRIVACY POLICY IS INCORPORATED INTO AND MADE PART OF OUR TERMS OF SERVICE.  PLEASE READ THE ENTIRE PRIVACY POLICY AND ALSO OUR TERMS OF SERVICE CAREFULLY.

This Privacy Policy does not apply to information collected by any third party, even if such information is collected through an application or content (including advertising) that is linked to or accessible from the Website.  

RESPONSIBILITY FOR YOUR INFORMATION

LRRE is the data controller with respect to all of the information, including Personal Information, collected from visitors to the Website.  The obligations of a controller is to provide you with information of what, why and how we process your information.

Where LRRE is not the controller you will be adequately informed.

PERSONALLY IDENTIFIABLE INFORMATION

When used in this Privacy Policy, the term “Personal Information” means any information by which you can be identified, such as your name, address, telephone number, etc.  Other information that does not relate to or identify you as an individual is not Personal Information.

DATA COLLECTION AND USE OF PERSONAL INFORMATION

We collect Personal Information for the purpose of enabling us to contact you directly, confirming your identity, fulfilling requests or communications on our Website, and complying with relevant laws and regulations.  We will only process information about you when having a lawful ground and business reason to do so.  In general we rely on the following reasons to collect and process your data:

• Providing our Website and services:  We process your Personal Information to perform our agreement with you for the use of our Website and services and to fulfill our obligations under the applicable Terms of Service; if we have not entered into an agreement with you, we base the processing of your Personal Information on our legitimate interest to operate and administer our Website and to provide you with content you access and request (e.g., to download content from our Website);
• Promoting the security of our Website and services:  We process your Personal Information by tracking use of our Website and services, creating aggregated non-personal data, verifying accounts and activity, investigating suspicious activity, and enforcing our Terms of Service and policies to the extent it is necessary for our legitimate interest in promoting the safety and security of the services, systems and applications and in protecting our rights and the rights of others;
• Providing necessary functionality:  We process your Personal Information to perform our agreement with you for the use of our Websites and services; if we have not entered into an agreement with you, we base the processing of your Personal Information on our legitimate interest to provide you with the necessary functionality required for your use of our Website and services; 
• Managing user registrations:  If you have registered for an account with us or provided information, we process your Personal Information by managing your user account for the purpose of providing information or performing our agreement with you according to applicable terms of service;
• Handling contact and user support requests:  If you fill out a “contact me” web form or request support, or if you contact us by other means including by means of a phone call, we process your Personal Information to perform our agreement with you and to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you;
• Managing event registrations and attendance:  We process your Personal Information to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you, to perform our agreement with you;
• Managing contests or promotions:  If you register for a contest or promotion, we process your Personal Information to perform our agreement with you.  Some contests or promotions have additional rules containing information about how we will process your Personal Information;
• Managing payments:  If you have provided financial information to us, we process your Personal Information to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our agreement with you;
• Developing and improving our Website and services:  We process your Personal Information to analyze trends and to track your usage of and interactions with our Website and services to the extent it is necessary for our legitimate interest in developing and improving our Website and services and providing our users with more relevant content and service offerings, or where we seek your valid consent;
• Assessing and improving user experience:  We process device and usage data, which in some cases may be associated with your Personal Information, to analyze trends and assess and improve the overall user experience to the extent it is necessary for our legitimate interest in developing and improving the service offering, or where we seek your valid consent; 
• Reviewing compliance with applicable usage terms:  We process your Personal Information to review compliance with the applicable usage terms in our customer’s agreement to the extent that it is in our legitimate interest to ensure adherence to the relevant terms; 
• Assessing capacity requirements:  We process your Personal Information to assess the capacity requirements of our services to the extent that it is in our legitimate interest to ensure that we are meeting the necessary capacity requirements of our service offering; 
• Identifying customer opportunities:  We process your Personal Information to assess new potential customer opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the demands of our customers and their users’ experiences; 
• Displaying personalized advertisements and content:  We process your Personal Information to conduct marketing research, advertise to you, provide personalized information about us on and off our Website and to provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interest in advertising our Website or, where necessary, to the extent you have provided your prior consent;
• Sending marketing communications:  We will process your Personal Information or device and usage data, which in some cases may be associated with your Personal Information, to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent; 
• Business transfers:  We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company; and
• Complying with legal obligations:  We process your Personal Information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Website, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, respond to lawful requests, or for auditing purposes.

Whether or not to provide LRRE with Personal Information is completely your own choice.  But if you choose not to provide the information we request, you will be unable to receive certain information and services on our Website.  We collect information about you in several ways.  For example, we might ask for your contact information when you correspond with us, call us to make a purchase, or request service.  We also collect information, including Personal Information, when you create an account, participate in any interactive features of the Website, fill out a form, or otherwise communicate with us via the Website.  In addition, when you register for our services or ask to be included in an email mailing list, we collect and store the information and Personal Information you provide in a secure database.

By submitting your Personal Information to LRRE you agree that you do not object to any transfer, processing or storage of Personal Information in accordance with this Privacy Policy.

The Personal Information that you provide to us and information about your order may be combined with other Personal Information (such as demographic information and past purchase history) available from our records and other sources. This information may, with your consent, be used to for future marketing efforts, business development and making the operation of our Website more efficient.

MARKETING AND BUSINESS DEVELOPMENT

Occasionally we may use Personal Information to send you details of new services, updates, and invites to events. We will, however, only do so when we have a legitimate interest to contact you and/or where you consent to being contacted in such way. If you prefer not to receive promotional material from LRRE, please let us know by e-mailing us at [email protected] and put “unsubscribe” in the subject line together with the name of the publication you wish to unsubscribe from. Our marketing communications will also include an “unsubscribe” link.

TRANSFER OF ASSETS

If some or all or substantially all of our business assets were to be acquired, or in the unlikely event that we go out of business or enter into bankruptcy, customer information (including your Personal Information), would be one of the assets that is transferred or acquired by a third party.  You acknowledge that such transfers may occur, and that any assets, including your Personal Information, may continue to be used as set forth in this Privacy Policy.

SHARING PERSONAL INFORMATION

We do not provide Personal Information to any unaffiliated parties or third parties, except in certain circumstances as set forth in this Privacy Policy.

To provide and administer our Website and our products and services, we may need to share your Personal Information with our partners and different service providers or suppliers that we work with. This does not adversely affect your rights.  We will take all reasonable steps necessary to ensure transferred information is kept secure as required by applicable data privacy laws.

We may disclose ‘blind’ aggregated data and user statistics to prospective partners and other third parties, and for other lawful purposes.  Blind data is data which does not identify an individual person or disclose Personal Information.  We may also disclose Personal Information with your consent or at your direction. 

Please be advised that in certain circumstances, LRRE may be required to disclose your Personal Information to governmental organizations, attorneys and private agencies that conduct relevant criminal and civil investigations, or otherwise as required by our legal obligations.

RETENTION AND TRANSFER OF PERSONAL INFORMATION

We retain Personal Information as necessary to service your use of the Website and our services.  We also keep Personal Information, meta data, documentation, and any other relevant information as permitted and/or required by law.

When the retention time is reached your information may be destroyed. You may also ask LRRE to transfer your Personal Information upon request. Please contact [email protected] to request transfer of your Personal Information or for more information regarding retention time and retention of information.

ACCURACY OF PERSONAL INFORMATION

We want to keep your Personal Information as correct and updated as possible. If your Personal Information is incorrect or has changed, please inform us by sending us an email to [email protected].

YOUR RIGHTS AND COMMUNICATIONS

You have the right to make the following request to LRRE:

• Access your Personal Information (data subject access request);
• Correction of your Personal Information;
• Erase or transfer of your Personal Information;
• Restrict processing of your Personal Information;
• Object to the processing of your Personal Information; and
• Withdrawal of your consent for collection of Personal Information.

Following your initial transaction or registration on our Website, we want to continue to communicate with you only if you want to hear from us. If you prefer not to receive information from us please let us know by sending your written request via email to [email protected]. Please provide your full name and email address, and describe specifically what information you do not want to receive. Please note that it may take up to two weeks for your request to become effective.

COOKIES

As part of offering and providing customizable and personalized services, many websites use cookies to store and sometimes track information about you.  A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive.  We use cookies to allow faster and easier access to your account information, monitor traffic on the Website, and measure traffic patterns to improve functionality of the Website.  Our web pages may also contain electronic images known as web beacons (sometimes called clear gifs, pixel tags, and single-pixel gifts) or other advanced technologies that are useful in the provision of services to you, permitting us, for example, to counter users who have visited those pages and for other related Website statistics.  We may also use such devices to verify compliance with our terms and conditions of use or with any promotions on the Website.

If you do not want LRRE to deploy cookies in your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software.  Rejecting cookies may affect your ability to use of some of the services and functionalities at our Website.

WEBSITE TRAFFIC

We may track domain names, IP addresses, browser types, resolution, etc. from people who visit our Website.  We use this information to track aggregate traffic patterns throughout the Website. Such information is not correlated with any Personal Information.

As previously stated, LRRE may also use cookies to track your visit to our Site.  While our web servers may automatically log your IP address, this information will not be used to identify you and you remain anonymous.

SOCIAL SHARING FEATURES

The Website may offer social sharing features and other integrated tools (such as the Facebook “Like” button and the Twitter “Follow” button), which let you share actions you take on the Website with other media.  The use of such features enables the sharing of information with your friends or the public, depending on the privacy settings you establish with the entity that provides the social sharing feature.  You use these social sharing features at your own risk.  No security measures, including the privacy settings referenced above, are perfect or impenetrable.  We cannot and do not guarantee that the information you share using such features will not be viewed by unauthorized persons.  For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

SECURITY

LRRE uses commercially reasonable efforts to safeguard the security of your information with physical, electronic, and managerial procedures.  Likewise, we urge you to take every precaution to protect your Personal Information when you are on the Internet.  Change your passwords often, use a combination of letters and numbers and make sure you use a secure browser.  The Website uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where Personal Information is required.  We may update browser requirements from time to time by posting a notice on the Website.

Because of the global nature of the Internet, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information.  Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.  Except as discussed above or otherwise designated, the Website does not use security encryption measures.  Therefore, information that you disclose by use of the Website (as with any website that is non-secure), by posting a message or using e-mail, potentially could be collected and used by others.  This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal.  As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us or from our services, and you do so at your own risk.

THIRD PARTY WEBSITES

The Website may contain links to third party websites and applications of interest, including advertisements and external services that are not affiliated with us.  Once you have used these links to leave the Website, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information and Personal Information.  Before visiting and providing any information to any third party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information and Personal Information.  We are not responsible for the content, privacy, security practices, or policies of any third parties, including other websites, services, or applications that may be linked to or from the Website.

CHILDREN UNDER THE AGE OF 13

LRRE does not knowingly solicit Personal Information from children or send them requests for Personal Information.  If you are under 13, do not use or provide any information on this Website or on or through any of its features.  If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information.

CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act requires businesses to disclose whether they sell Personal Information.  As a business, we do not sell Personal Information.  We may share Personal Information with third parties or allow them to collect Personal Information from our Website or services if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Information, or if you use our Website or services to interact with third parties or direct us to disclose your Personal Information to third parties.

California law requires that we detail the categories of Personal Information that we share or disclose for certain “business purposes,” such as disclosures to service providers that assist us with securing our services or marketing our products. We disclose the following categories of Personal Information for our business purposes:

• Identifiers;
• Commercial information;
• Internet activity information;
• Financial information;  
• Professional and employment-related information; 
• Education information; and
• Inferences drawn from any of the above information categories. 

California law grants state residents certain rights, including the rights to access specific types of Personal Information, to learn how we process Personal Information, to request deletion of Personal Information, and not to be denied goods or services for exercising these rights. 

If you are a California resident under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our Website.  Please note that your request may not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another user. 

To make a request related to California Privacy Rights, please contact us electronically at  [email protected] or write to us at the address set forth below. We may need to verify your identity and place of residence before completing your rights request.

PRIVACY POLICY CHANGES

LRRE reserves the right to amend, alter, or otherwise change this Privacy Policy at our sole and absolute discretion.  Further use of the Website following any such change constitutes your agreement to follow and be bound by the modified Privacy Policy.  We encourage you to periodically review the Privacy Policy to stay informed about how we are helping to protect the Personal Information we collect. 

CONTACT INFORMATION

LRRE welcomes your comments regarding the Privacy Policy. If you believe that LRRE has not adhered to the Privacy Policy, please contact us electronically at [email protected] or via postal mail at the address provided below, and we will use commercially reasonable efforts to promptly determine and remedy the problem.

Luxury Rental and Real Estate LLC
Attn: Brett Levine
407 N. Pacific Coast Highway, #482, Redondo Beach, CA 90277