Terms and conditions
Foreclosure Data reserves the right to change these Terms of
Use from time to time at its sole discretion. In the case of
any violation of the Terms of Use, Foreclosure Data reserves
the right to seek all remedies available by law and in
equity for such violations. These Terms of Use apply to all
visits to the Foreclosure Data Web Site, both now and in the
future.
No
Endorsements; User Waiver of Claims.
User acknowledges that Foreclosure Data sells no real estate
or real estate services ("Product") through this web site.
Certain real estate brokers, lenders, or other real estate
service providers (collectively, the "Vendors") may post
information on this web site or contact you at your request,
but User understands that Foreclosure Data is not affiliated
with any such Vendors and in no way endorses or recommends
any particular Vendor. User is in no way obligated, required
or encouraged to utilize any of the Vendors posting
information on this Web Site. If User decides to utilize a
Vendor, any transaction, offer to buy or sell or related
communication conducted on this site is solely between User
and Vendor. The exclusive remedy arising from communications
on or through this Web Site is between User and relevant
Vendor. User agrees that, in return for permission to use
the Web Site, he or she waives any and all claims against
Foreclosure Data that are connected to use of this Web Site.
The information at this site is provided solely for
informational purposes and does not constitute an offer to
sell, rent, or advertise real estate outside the state in
which the owner of the site is licensed. The owner is not
making any warranties or representations concerning any of
these properties including their availability. Information
at this site is deemed reliable but not guaranteed and
should be independently verified. Any redistribution or
resale is strictly prohibited. All trademarks herein are
property of their respective owners.
General
Disclaimer
Although Foreclosure Data has made reasonable efforts to
place accurate information on this Web Site, Foreclosure
Data assumes no responsibility for the accuracy of the
information.
FORECLOSURE DATA PROVIDES THIS WEB SITE CONTENT
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW.
FORECLOSURE DATA FURTHER DISCLAIMS ALL OTHER WARRANTIES,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. FORECLOSURE DATA DOES NOT
WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN
THIS SITE OR ITS CONTENT OR THAT THE WEB SITE OR ITS SERVER
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
FORECLOSURE DATA SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM
THE USE OR INABILITY TO USE THIS SITE, WHETHER OR NOT
FORECLOSURE DATA HAS BEEN ADVISED OF THE POSSIBILITY OF
THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS
NEGLIGENCE. THIS PROVISION IS SUBJECT TO POSSIBLE LIMITATION
UNDER STATE LAW.
Indemnification
User agrees to indemnify and hold harmless Foreclosure Data,
at User's sole expense, against any claim, action, legal
proceeding, damages, liability, settlements, expenses
(including attorneys' fees) and other costs relating to (i)
breach of any of these terms by any party; (ii) User's
negligence or misconduct, or (iii) claims that User has
infringed the copyright, trademark, trade secret, patent, or
other proprietary right of a third party.
Copyright/Restrictions on Use of Material
The subscription to Foreclosure Data services is intended
for individual or private use only. The commercial resale,
electronic extraction or reformatting of information
available on the Foreclosure Data website or on any other
co-branded website, by any subscriber in any capacity, is
strictly prohibited and a material condition to the use of
the Foreclosure Data site. Data mining, screen scraping,
downloading or any other activity designed to obtain,
re-use, reformat, re-sell the proprietary or other
foreclosure information contained within the Foreclosure
Data or co-branded websites in a commercial manner is
strictly prohibited. Foreclosure Data reserves the right to
immediately terminate any account which is being used in
such activity. The reposting, manipulation, display or other
web-based presentation of data obtained through the
Foreclosure Data website (or co-branded website) on the
Internet or through e-mail is strictly prohibited and may
constitute copyright, trademark or servicemark infringement.
In the event that any subscriber is determined to be engaged
in any activities prohibited in this section, Foreclosure
Data may seek injunction in any court located in Palm Beach
County, Florida or the United States District Court for The
Southern District of Florida and the subscriber through the
use of this site consents to the jurisdiction of said courts
and shall and agrees to be liable for all attorneys fees
incurred as the result of any enforcement of any injunction
for legal action related to any wrongful action referenced
herein.
Trademarks, Service Marks, Logos, Corporate Identifications
Protected
All trademarks, service marks, logos, or other corporate
identifications (collectively, "Marks") on this Web Site are
trademarks or service marks of Foreclosure Data or another
entity. Use agrees not to use, copy, reproduce, republish,
upload, post, transmit, distribute, or modify these Marks in
any way. The use of these Marks on or as a link to any other
Web Site is strictly prohibited without prior written
approval by Foreclosure Data.
User's
Code of Behavior
User agrees not to post on the Web Site any content which
(a) is libelous, defamatory, obscene, pornographic, abusive,
harassing, or threatening, (b) contains viruses or other
contaminating or destructive features, (c) violates the
rights of others, including protections of copyright,
trademark, patent, trade secrets or any right of privacy or
publicity, or (d) otherwise violates any applicable law.
User will not post on this Web Site any links to any
external Internet sites that are obscene or pornographic.
Any information that you provide to Foreclosure Data must be
true, complete and accurate, must not represent you as
someone else or falsely identify any third party, and must
not violate any law, statute, ordinance or regulation.
Usage of the subject site shall be limited to non-robotic,
non-mechanical or other non-artificial/software based
searches which shall not exceed 200 searches per 24 hour
period. Violation of this use policy subjects the user to
immediate termination of service without refund or pro-rated
credit for any subscription fee.
By subscribing to the Foreclosure Data service, User agrees
not to disclose any assigned access code to others. User
also agrees not to distribute the information contained in
Foreclosure Data to any person or organization, by any
means, printed, electronic or other.
User understands that the monthly fee to access the data on
Foreclosure Data will start if User does not cancel during
the trial period. User also understands that
after the expiration of the trial period,
User may continue to access Foreclosure Data's database as
long as Users account is current. User also agrees to pay
the monthly charge and will be automatically billed to the
credit card listed given to Foreclosure Data until User
decides to cancel. User may use the trial
period for one time only.
Cancellations
User understands that to cancel service, user must log-in to
the Foreclosure Data web site and submit cancellations
through the members area.
Foreclosure Data will not be held responsible for charges
incurred due to User inputting an invalid or incorrect email
address when signing up. Furthermore User's non-use of the
site, misplaced or lost access codes, shall not justify User
receiving any refund for any services charged.
Links
to/from Third Party Sites
This Web Site contains links to third party sites. User
accesses these sites at User's own risk; Foreclosure Data is
not responsible for the contents, changes, updates, or other
links contained in a linked site. Foreclosure Data provides
these links merely as a convenience, and the inclusion of
such links does not imply an endorsement by Foreclosure Data
of the site.
Any third party desiring to link to the Web Site must link
to the Web Site's home page located at Foreclosure Data. No
one may link to any other page of this Web Site without the
prior written consent of Foreclosure Data.
No
Partnership or Agency
User understands and acknowledges that no joint venture,
partnership, employment, or agency relationship exists or is
created between User and Foreclosure Data as a result of use
of the Web Site.
Governing Law
The contents of this Web Site and any claims related to it
are governed by the laws of the State of California, without
reference to its conflict of laws rules. User consents to
the exclusive jurisdiction of the state and Federal courts
located in Los Angeles, California, and User waives to the
fullest extent allowed by law the defense of an inconvenient
forum to the maintenance of any action or proceeding.
Privacy
Unless specifically noted when the information is obtained,
Foreclosure Data does not make available to third parties
information that personally identifies its Web Site users.
With the exception of: If User linked to this page (or
subscription form) from another web site, information
entered here may be disclosed to the owners of such web
site. Other information or ideas that Users transmit to or
post on this Web Site by any means will be treated as
non-proprietary, and may be disseminated or used by
Foreclosure Data, its affiliates or the Vendors for any
purpose whatsoever. For more information, please see the
Foreclosure Data
Privacy Policy.
Entire
Agreement
By subscribing to the Foreclosure Data's service, I agree
not to disclose my access code to others. I also agree not
to distribute the information contained in Foreclosure Data
to any person or organization, by any means, printed,
electronic or other.
The above Terms of Use constitute the entire and only
agreement between User and Foreclosure Data on the matters
described. User understands that User may be subject to
further restrictions while using Vendors' web sites.
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