Terms of Service


We have gone to great lengths to create a website that would be user friendly and informative. We welcome any comments that would lead to an improved site.

The purpose of this page is to inform you of the terms and conditions. By using this site, it automatically constitutes your agreement and abidance of the terms. If you do not agree with any or all of the terms, then please do not use this site. We reserve the right to make any modifications that we deem necessary at any time. Please check back here periodically to see any changes that have been made. By visiting this site and your continued use of the Probate Fox Web site means that you accept those changes.

USE OF CONTENT


Use of Probate Fox content (documents, white papers, graphics, logos, software, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by Ernie Vargas and/or associates. Elements of Probate Fox websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to Ernie Vargas and/or associates is licensed or otherwise published by Ernie Vargas and/or associates with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

Submitting Your Online Material to Us


All remarks, suggestions, ideas, graphics, comments, or other information that you send to Ernie Vargas and/or associates through our site; other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.

That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Probate Fox website, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

LIMITS OF LIABILITY 

Ernie Vargas and/or associates makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall Ernie Vargas , its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

With respect to goods or services purchased directly from Ernie Vargas and/or associates through the website, Ernie Vargas and/or associates liability, in any case, is expressly limited to replacement of defective goods, or the repayment or crediting to you an amount equal to the purchase price of the goods, if Ernie Vargas and/or associates so chooses.

Exception: Some states laws may not allow not allow us to limit or exclude liability for these “incidental” or “consequential” damages. Living in one of these states, means that you may have the right to recover certain damages named above. In the event of liability damages, our liability to you for all losses, damages, and claims of any and every kind (whether damages come from use under the terms of a contract or claimed to be caused from negligence or other wrongful conduct, or any other any other legal claim)will not be greater than the amount you paid if anything to use or access our website and all its information.

External Links


We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check your browser to see if you are still in a Probate Fox-operated site or if you have moved to another site. Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by Ernie Vargas and/or associates as a convenience to its users. Ernie Vargas and/or associates is not responsible for the materials contained at any website linked to this site.

Termination of This Agreement


This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Probate Fox websites. Ernie Vargas and/or associates may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Probate Fox is entitled to terminate all or any part of any of its Web site without notice to you.

Jurisdiction


If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws and international laws.

These Terms and Conditions of Use shall be governed by, construed, and enforced in accordance with the laws of the California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate Ernie Vargas and/or associates, Probate Fox and/or its affiliates’ intellectual property rights, Ernie Vargas and/or associates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the assistance of a mutually agreed-upon mediator in the Los Angeles, California. Any costs and fees other than attorney fees in relation with the mediation will be shared equally by each of us.

If it proves impossible to reach a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Los Angeles, California under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Terms and Conditions Return Policy 

Yes, I am aware that Ernie Vargas has a no risk unconditional 30 Day Money Back Guarantee and therefore makes my purchase completely risk-free on the Probate Fox Home Study Course. I understand that I have 30 days from the date of purchase to return the course material(Home Study Course) for a refund but the course material must be complete and undamaged and therefore in resalable condition. All return shipping and handling charges, including package tracking are my responsibility. Refusing a package automatically voids this guarantee. I also understand that one on one consultations are non-refundable. In the event that I request a refund, I will contact Ernie Vargas and/or associates for a Refund Request Form. Once I am provided a Refund Request Form, I must complete the Refund Request Form and fax it back to 323.345.5360. After the request is approved, Ernie Vargas will then provide me with specific return instructions. Failure to provide Ernie Vargas and/or associates with the Refund Request Form, failure to ship the return to the provided return address, or failure to ship the return within 7 business days from approval of refund may result in denial of refund or additional shipping charges being deducted from my refund and will delay the refund. After the product is received in resalable condition, the refund will be processed within 30 days. Ernie Vargas will not be held responsible for any lost packages. If during the 30 day period I ask for consultation(constitutes asking for in sight information related to the course plus any supporting documents) whether in person, by email, text, or phone, I will be billed at the hourly rate for the consultation time used which will be deducted from my refund. Included will be charges for any documents that are sent that also support my growth in the probate/real estate business. The current billable hour rate is $300 per hour, billed in five(5) minute increments. An invoice with dates and length of consultation will be sent within 30 days from refund request along with the refund(minus consultation costs). Also, if within the 30 day period I attend a live training, including one one one consultations, the refund policy becomes null and void.

I understand that the 30 day guarantee DOES NOT apply to coaching as the Probate Fox Staff and Ernie’s time can not be returned. Nor does it apply to probate leads or documents that are purchased separate from the Home Study Course.
I understand that not attending the live event severely impairs my learning and therefore, voids the one year guarantee. I further understand that I need to provide evidence of two more strategies I used that didn’t work in addition to my attendance at the live training. I must submit this proof via fax or email after contacting Ernie Vargas in order to qualify for the mentorship.

As of April 4, 2014, any online courses (this includes physical courses with online access) do not fall under the “home study course”. Therefore, any courses that include online access are offered a 3 day money back guarantee. No exceptions.

Training Events

I understand that if I register for the training event and find 10 days before the event that I can not attend, I may call Ernie Vargas and/or associates and I can transfer to another training event with no penalty or cost on my part. I agree that not attending the training event does not hold grounds for a refund and therefore, none will be issued after 30 days of the date of purchase. I also understand that event dates, times, and locations are subject to change and every effort will be made to notify me in the event of such a change.

Additional Terms and Conditions

I understand and accept that the information contained on the website, live event, and course material are not intended to provide specific legal, financial, or tax advice, or any other advice, whatsoever and in the event that I have a tax or legal question or concern, I will seek the advice of an accountant, attorney, financial advisor, or real estate broker.

I release Ernie Vargas(home of Probate Fox.com) and any of its staff, employees, officers or affiliates from liability. I further acknowledge that I am responsible for my actions and assume full responsibility of my complete welfare.


I understand that by purchasing any product that I am agreeing to these terms and conditions, I further give Ernie Vargas and/or associates permission to contact me via fax, email, or phone to communicate special offers and information I may find valuable in my business.

In addition, I understand I will receive confidential information that may not be shared with anyone outside my partnership.  I will be held to this confidentiality even if a request a refund.

I agree to not reproduce these materials which are copyrighted. I further agree that I will not lend, rent, or sell them to anyone so as to remain in compliance with the federal and state copyright and trademark laws.
All sales are final after 30 days of purchase no exceptions. If 30 days has passed and I have not requested a refund, I understand that I can hold only myself liable.

 

My Obligation to Read

Under this agreement, I have an obligation to read this terms and conditions/ refund policy given to me and agree that I have done so.  In addition, I understand and accept that therefore, I can not use lack of reading or ignorance of this document as a defense against all remedies so contained here within.


Please note that your Credit Card Statement will reflect a purchase from Probate Fox.

As of November 15, 2011, all returns will now be charged a 10% handling fee on the full price of the product being returned, not on payments made or discount price.

As of April 4, 2014, any online courses (this includes physical courses with online access) do not fall under the “home study course”. Therefore, any courses that include online access are offered a 3 day money back guarantee.

As of January 24, 2018, Probate Business Blueprint and 6 week Take Action in Probate are included in the 30 day guarantee unless otherwise stated.

Privacy

Privacy Policy
We have created this privacy statement in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with this web site. We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for this website.

We recognize the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.

What Information Do We Collect? When you visit this web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.

1. Personal Information You Choose to Provide

Registration Information
When you register for any of our products, services or newsletters you will provide us information about yourself.

Credit Card Information
If you choose to avail of our services, you may need to give personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information:
-Name
-Mailing address
-Email address
-Credit card number
-Name on credit card
-Credit card billing address
-Business and home phone number

Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

2. Web Site Use Information
Similar to other commercial Web sites, our Web site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server log files to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site.

How Do We Use the Information That You Provide to Us?

Broadly speaking, we use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings, and customize our site’s content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs.

Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law.

Occasionally, we may also use the information we collect to notify you about important changes to our Website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on the newsletter.

What Are Cookies?
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Web site, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web site can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function as effectively when viewed by the users.A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.

How Do We Use Information We Collect from Cookies?
As you visit and browse our Web site, the site uses cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from having to log in more than is necessary for security. Cookies, in conjunction with our Web server’s log files, allow us to calculate the aggregate number of people visiting our Web site and which parts of the site are most popular. This helps us gather feedback to constantly improve our Web site and better serve our clients. Cookies do not allow us to gather any personal information about you and we do not intentionally store any personal information that your browser provided to us in your cookies.

IP Addresses
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you.

Sharing and Selling Information
We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.

How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at the usual address.

What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.

What About Other Web Sites Linked to Our Web Site?
We are not responsible for the practices employed by Web sites linked to or from our Web site or the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site.

Please remember that when you use a link to go from our Website to another web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other web site, including web sites, which have a link on our Website, is subject to that Web site’s own rules and policies. Please read over those rules and policies before proceeding.

Your Consent
By using our Web site you consent to our collection and use of your personal information as described in this Privacy Policy. We reserve the right to amend this privacy policy at any time with or without notice.

Our Commitment To Data Security:

Please note that your information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the laws of your Country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Choice/Opt-In/Opt-Out
This site allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

A Special Note About Children

Children are not eligible to use our services unsupervised and we ask that children (under the age of 14) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.

Acquisition or Changes in Ownership

In the event that the web site (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and may be part of those assets that are transferred.

Policy Modifications
We may change this Privacy Policy from time to time. If/when changes are made to this privacy policy, we will email users who have given us permission to do so. We will post any changes here, so be sure to check back periodically. However, please be assured that if the Privacy Policy changes in the future, we will not use the personal information you have submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without your prior consent.

Disclaimer

First and foremost, Ernie Vargas and all the staff, associates, and affiliates of Probate Fox, are not financial or legal advisors.

Any and all earnings and income statements and examples, are strictly estimates of what you could earn. There is no guarantee that you will do as well as the examples. Any and all income earnings on Ernie Vargas and all associates are not to be considered average. The average person is a person who buys a product, puts on the bookshelf and then sits down on the couch. It is possible they may eventually open the product but never take action. If you consider yourself average, then you accept the risk that you may not do as well.

Your level of success is contingent upon many factors including but not limited to time spent with the ideas, techniques, and programs mentioned; your finances, knowledge, and other skills. Since each individual is unique in their experience and the above mentioned factors, Ernie Vargas and all associates cannot guarantee success or any level of earnings or income. Ernie Vargas and all associates is not responsible for your actions.

Real estate and the earnings derived there from, have unknown risks involved, and are not meant for everyone. Making decisions based on any information found in our products, services, or website, should be done with the knowledge that you could experience losses or make no money at all.

Our products, services, and websites are for entertainment,educational, and informative purposes only. Please check with all your legal advisors and do your due diligence before acting on this or any information.

You agree that Ernie Vargas and all associates, its employees, and affiliates are not responsible for the success or failure of your business decisions with regards to any information presented by Ernie Vargas and all associates, its material, ideas, and websites.