Use
of the www.foreclosurealert.com website (the "Site")
constitutes acceptance of the following Terms and Conditions of Use
("Term and Conditions", "Agreement") and
Privacy Policy
This Agreement
is between you ("You", "you", "User")
and Foreclosure Alert, Inc. ("Company", "We").
Company has the right to alter this Agreement or these Terms and
Conditions at any time. This may be done by updating the pages you
are looking at now. Please visit this page periodically in order to
check the changes that may have been made to these Terms and
Conditions. Every time you use this site, you are agreeing to the
Terms and Conditions as they exist at that time.
Please read
the following sections carefully, as they constitute a legally
binding agreement between you and Company.
If you do not wish
to be bound by the Terms and Conditions contained herein then you are
prohibited from using the Site.
You
shall, as a condition precedent to use of the Site and Services,
register with Company on this website and provide all information
required by Company.
In registering for a User name, you
acknowledge and represent that you are an individual who can form
legally binding contracts under applicable law.
You hereby
represent and warrant that any and all information provided is and
shall be true, correct, accurate and complete in all material
respects. You further represent and warrant that the individual
end-user accepting these Terms and Conditions is a duly authorized
agent, employee or representative of organization, firm or entity
identified upon registration and that acceptance of these Terms and
Conditions is and shall be binding upon User and upon such individual
person.
Falsifying or omitting contact information such as a
member’s name, address, and/or telephone number when registering is
not permitted. Users are also not permitted to use fax or
disconnected numbers as a telephone number.
Company may
reject an applicant if we determine (in our sole discretion) that the
User is not an appropriate User or is not making, nor has in the past
made, proper use of the Services or the Site.
Passwords
and Security: User is responsible for and
shall at all times maintain the confidentiality of its user names and
passwords. Users may not permit use of the Services by a third party,
and such action would be a violation of this Agreement. If User is a
company or other entity, only a primary contact or an authorized
representative may represent User and User is responsible for
ensuring that its primary contact and authorized representative
maintains the confidentiality of User names and passwords and
otherwise complies with this Agreement. If there is a breach of
security through User's account, User must immediately notify our
customer service department and change User's password. User will be
liable for any unauthorized use of the Site or the Services.
Compliance with Law:
User shall comply with all applicable laws, statutes, ordinances and
regulations when using the Site or the Services, including not
selling, offering for sale, buying or offering to buy any item that
is illegal to sell through the Internet or otherwise or any item that
potentially infringes or violates any third party's rights, including
copyright, patent, trademark, trade secret, rights of publicity or
privacy, or other proprietary rights.
When using the Site you
must obey all applicable federal, state and local laws. This Site was
created and will be operated from the United States. Any use of this
Site that violates any applicable laws will be grounds for
discontinuing your rights to this Site.
The
day you ordered marks the beginning of your free trial membership and
your ability to access the Site. The length of your free trial is the
one offered to you at the time of purchase, and the membership fee
(“Membership Fee”), which may include applicable sales tax, is
the amount you agreed to pay at the time of purchase. You may have
been offered, and agreed to purchase, a membership plan that did not
include a free trial.
At the time of purchase you may have
agreed to and been charged one or more separate one time fees such as
an activation fee, enrollment or processing fee, shipping and
handling or trial period fee, as applicable.
At the time you
ordered you may have been offered continuity or a fixed term
membership. If you ordered a continuity membership the Membership Fee
is for access to the Site and Service during the period stated to you
at the time of purchase and is not refundable. After the free trial,
and every month thereafter until you cancel, your Membership Fee, or
its monthly equivalent, will be automatically billed to your credit
card (or debited from your checking account, if you authorized that
option). You can cancel your continuity membership at any point and
have no further obligation.
If you used a credit card you may
be subject to a preauthorization at the time you order. The
preauthorization is not a charge to the credit card. However, the
then applicable monthly subscription charge may be reserved against
your available credit card limit. Contact your credit card issuing
financial institution for details.
If you ordered a fixed
term membership the one time Membership Fee is for use of the Site
and Services during the entire term of the membership, and will be
automatically billed to your credit card (or debited from your
checking account, if you authorized that option) after the free
trial.
Cancellation.
Cancellations must be done by telephone. Please call us at
1-800-430-3873 if you are subscribed to the Site and Services. Such
notification of cancellation must be received ten (10) business days
prior to your next billing date to ensure that your account is not
billed.
Upon Company’s acceptance of User's application for registration, Company shall provide User with access to the Site and Services subject to the Terms and Conditions of this Agreement. The term "Services" refers to any or all of the following services provided by us, our agents or our contractors authorizing access to and use of our Site, including providing User with passwords and access to secure sections of the Site.
User
shall refrain from renting, leasing, sublicensing, assigning,
selling, loaning or otherwise transferring User’s User name or
password.
No Fraud or Manipulation:
User shall not manipulate or misuse the Site or the Services in any
other way.
Offensive, Libelous or
Unlawful Messages: Copyright and Other No
Offensive Content: You agree that you will
not use, or allow others to use, your account to post, transmit,
promote, or facilitate the distribution of any threatening, abusive,
libelous, defamatory, obscene, pornographic, profane or otherwise
objectionable information of any kind.
No
Illegal Material Or Encouragement Of Illegal Behavior:
You agree that you will not use, or allow others to use, your account
to post, transmit, promote, or facilitate the distribution of any
unlawful or illegal material, including but not limited to material
that would constitute or encourage a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state,
national or international law. You will not use our Services or our
Site to commit a crime, or to plan, encourage or help others to
commit a crime.
No Violation Of
Copyright, Trademark Or Trade Secret Rights:
You agree that you will not use the Services to publish, post,
distribute or disseminate another's proprietary information,
including but not limited to trademarks, trade secrets or copyrighted
information, without the express authorization of the rights holder.
No "Spamming,"
Advertisements Or Chain Letters: You agree
that you will not use, or allow others to use, your account to post,
transmit, promote, or facilitate the distribution of any unsolicited
advertising (including but not limited to mass or bulk e-mail),
promotional materials or other forms of solicitation to other
individuals or entities. You will not post or transmit requests for
money to persons not personally known to you except as a normal
transaction carried out through the Services offered on the Site,
petitions for signature, chain letters or letters relating to pyramid
schemes. You will not post or transmit any advertising, promotional
materials or any other form of solicitation. We reserve the right, in
our sole discretion, to determine whether such post or transmission
constitutes an advertisement, promotional material or any other form
of solicitation in violation of this provision.
No
"Hacking": You agree that you
will not use, or allow others to use, your account to unlawfully
access other computers or services, or to cause a disruption of
service to other on-line users.
No
System Disruption. You may not use, or
allow others to use, your account to cause disruption of the normal
use of the system by others including without limitation disrupting
our backbone network, nodes, or services.
No
Impersonation of Others: You agree that
you will not impersonate another user or otherwise falsify one's user
name in e-mail or in any post or transmission to any newsgroup or
mailing list or other similar groups or lists.
No
"Viruses": You agree that you
will not use, nor allow others to use, your account to intentionally
transmit computer "viruses," or other harmful software
programs and that you will use your best efforts to prevent the
unintentional transmission of such viruses or other harmful software
programs.
Right to Remove:
Company reserves the right not to post any data or materials to, or
to remove any data or materials from, the Site, without notice to a
User and without liability to Company. User hereby releases Company
from any claims or allegations that may result from such removal.
Any violations of the preceding provisions will result in
charges to the User equal to $150 per hour (or the standard
applicable rate at that time) for all time spent by each member of
Company personnel required to address any damages caused by or
resulting from User's actions which violate these provisions.
If
User is a California resident, User waives California Civil Code
Section 1592, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor. At the time of executing the release, which if known by him
must have materially affected his settlement with the debtor."
THE
INFORMATION AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS
IS" WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL COMPANY
BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE
OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION,
ARISING FROM THE USE OF OR INABILITY TO USE THE SITE OR BREACH OF ANY
EXPRESSED OR IMPLIED WARRANTY, EVEN IF COMPANY OR ITS AGENT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. COMPANY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT
FOR DAMAGE WILL NOT, IN ANY EVENT, WHETHER BASED UPON CONTRACT,
NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER BASIS,
EXCEED THE FEES PAID BY YOU FOR USE OF THE SITE AND SERVICES GIVING
RISE TO SUCH LIABILITY. NO INFORMATION PROVIDED BY COMPANY OR ITS
RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. COMPANY MAKES NO
WARRANTY THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET
GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT
ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THIS SITE
OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE. IN NO EVENT SHALL
COMPANY, OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THE INFORMATION ON THIS SITE OR THE INTERNET
GENERALLY.
USER HEREBY RELEASES AND FOREVER DISCHARGES
COMPANY AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES
AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY
AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS,
DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY
HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR
UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO YOUR USE OF THIS
SITE OR THE INFORMATION PROVIDED THEREIN, SPECIFICALLY INCLUDING BUT
NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED
NEGLIGENCE OF COMPANY, IN OPERATING THE SITE OR OTHERWISE.
COMPANY
HEREBY DISCLAIMS ANY RESPONSIBILITY FOR USER'S INFRINGEMENT OF OR
DAMAGE TO THIRD PARTY INTELLECTUAL PROPERTY.
Note that rights
with respect to warranties, express and implied, vary from
jurisdiction to jurisdiction and you may have legal rights in your
jurisdiction, for which you will be solely responsible for asserting.
The terms of this section will survive the termination of this
Agreement.
User hereby agrees to, at its own expense, indemnify, defend and hold harmless Company and its affiliates, agents, employees, directors, shareholders and contractors (the "Indemnified Parties") from and against any loss, cost, or damages, liability and/or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by User, (b) any fraud, manipulation, or other breach of this Agreement by User, or (c) any third-party claim, action or allegation brought against an Indemnified Party arising out of or relating to a dispute between one or more Users.
Suspension
or Termination for User's Breach: Company
may, at its discretion and at any time, suspend use of the Site
and/or the Services (including access) and/or terminate this
Agreement.
Termination by User:
This Agreement is and shall be effective from the date of full
execution and shall remain in force until terminated. User may
terminate this Agreement at any time by notifying Company in writing
with thirty (30) days notice of such notification. User’s access to
the Site and Services may be terminated automatically if User
materially fails to comply with any terms or conditions of this
Agreement.
Effect of Termination:
Termination is additional to all other legal or equitable remedies
available to either party. Upon termination of this Agreement for any
reason, User shall cease to use any Content provided under this
Agreement.
No termination, regardless of reason or cause, shall relieve User from the continued performance of its obligations established under this Agreement. The obligations imposed by this Agreement on User shall be enforceable both at law and in equity, by injunction, restraining order, specific performance, damages, lost profits and other remedies, and without any requirement that Company post any bond or other security or prove actual damages. User hereby waives any such bond or security requirements. Should Company incur attorneys' fees or costs in order to enforce this Agreement, whether or not a legal action is instituted, Company shall be entitled to recover such attorneys' fees and costs from User, in addition to all other rights and remedies it may have at law or in equity. The right of Company to obtain any such remedy or remedies shall be cumulative and not alternative and shall not be exhausted by any one or more uses thereof.
All
information provided by you to Company in connection with the Site
(and not otherwise covered as confidential under Company’s Privacy
Policy) shall be deemed not to be confidential and Company will not
protect any information provided by User from disclosure. Company
shall be free to use, disclose and distribute such information to
third parties without any limitation.
User agrees and
acknowledges the title and full ownership rights to the Site and
Services provided to User pursuant to this Agreement, including,
without limitation, all intellectual property rights therein and
thereto, and any copies User makes, remain with Company. It is agreed
the Site and Services are the proprietary, confidential, trade secret
property of Company, whether or not any portions thereof are or may
be copyrighted and User shall take all reasonable steps necessary to
protect the confidential nature of the Site as User would take to
protect User’s own confidential and trade secret information.
User further agrees not to make any disclosure of any or all
of the Site and Services (including methods or concepts utilized
therein) to anyone, except to employees, agents, or contractors
working for User to whom such disclosure is necessary to the use for
which rights are granted hereunder.
The obligations imposed
by this section upon User, User’s employees, agents, and
contractors, shall survive and continue after any termination of
rights under this Agreement. It shall not be a breach of this
Agreement if you are required to disclose or make the Site available
to a third party or to a court if the Site is subpoenaed or otherwise
ordered by an administrative agency or court of competent
jurisdiction to be produced or disclosed.
Ownership
and Limitations on Use of Services: We
retain ownership of all rights, title and interest in and to the
Site, the Services and the Content (defined below), subject to User's
rights in any User Information. User shall not reproduce, duplicate,
copy, sell, resell or exploit for any commercial purpose the Site,
Content, Services or access to the Site, Content or Services. Nothing
contained on the Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
trademark displayed on the Site without the written permission of
Company or such party that may own the trademark. User’s use of the
Content or trademarks displayed on the Site, except as provided in
this Agreement, is strictly prohibited. Company will aggressively
enforce its intellectual property rights to the fullest extent of the
law, including seeking criminal prosecution.
Definitions
of User Information and Content: By using
the Site and the Services, User will have access to information that
other Users have provided to us for use in limited situations ("User
Information"). User agrees to keep all User Information
confidential and to use User Information only for the purposes of
communicating with potential Suppliers or Buyers, as appropriate,
through and in accordance with the Site. Specifically, User shall not
use any User Information to comparison shop outside the Site. The
User Information is one component of the Content. In this Agreement,
the “Content” also includes any data, information, files, or
copyright, trademark and other intellectual property laws that
protect graphics that are available on the Site.
Restrictions
on Use of the Content: This Agreement and
applicable copyright and other laws (including laws regarding
confidential information and other proprietary rights) govern use of
the Content. The burden of determining that intellectual or
proprietary rights do not protect any Content rests with the User.
User may make only a limited number of copies of Content for internal
use and consideration, so long as any copyright, trademark or other
proprietary rights notices are included on those copies and so long
as employees who are provided such copies are advised of the
restrictions on use under this Agreement. User may use the Content
only for investigating the possibility of selling to or buying from
other Users goods and/or services. User shall not use any data from
the Site on any other web site or in any other directory, including
by way of linking to the Content within the Site without our express
written permission. If we learn of any User engaging in such
activity, we may immediately suspend access to the Site and the
Services and/or terminate such User under this Agreement and take
such other legal action that we deem appropriate in the
circumstances.
User's Information:
By submitting a bid in an online auction, or any other information,
files or other content to the Site, User agrees that such information
becomes "User Information," and grants to Company and
Company affiliates, a royalty-free, perpetual, irrevocable,
non-exclusive right (including waiver of any applicable moral rights)
and worldwide license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and
display such User Information. User also warrants that it has the
right to grant the license to us provided for above. Our use of User
Information is subject to our
Privacy Policy.
User’s
Responsibility: User hereby agrees not to
use any robot, spider or other automatic or manual device or process
to interfere or attempt to interfere with the proper working of
Company’s Site, nor act as a conduit for others to affect the same
result.
In the
event of any dispute, claim, question, or disagreement arising from
or relating to this Agreement or the breach thereof, and prior to
contacting any business bureau, government agency or other entity,
the parties hereto shall use their best efforts to settle the
dispute, claim, question, or disagreement. To this effect, they shall
consult and negotiate with each other in good faith and, recognizing
their mutual interests, attempt to reach a just and equitable
solution satisfactory to both parties. If they do not reach such
solution within a period of 60 days, then, upon notice by either
party to the other, all disputes, claims, questions, or differences
shall be finally settled by arbitration administered by the American
Arbitration Association in accordance with the provisions of its
Commercial Arbitration Rules.
The place of arbitration shall
be: Salt Lake City, Utah. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Utah. The
parties acknowledge that this Agreement evidences a transaction
involving interstate commerce. The United States Arbitration Act
shall govern the interpretation, enforcement, and proceedings
pursuant to the arbitration clause in this Agreement. Any award in an
arbitration initiated under this clause shall be limited to monetary
damages not to exceed the amount paid to Company.
Each party
shall bear its own costs and expenses and an equal share of the
arbitrators' and administrative fees of arbitration. Except as may be
required by law, neither a party nor an arbitrator may disclose the
existence, content, or results of any arbitration hereunder without
the prior written consent of both parties. Either party may
participate in the arbitration by telephone.
The availability of the Services and the Site depends on many factors, including a User's connection to the Internet, the availability of the Internet, and the Internet backbone and equipment that, by its nature, is not fault tolerant. Although Company will attempt to maintain the availability of the Site at all times, other than scheduled or emergency maintenance, Company expressly disclaims any guarantee of availability.
Advertisers/Third
Parties: User's dealings or correspondence
with advertisers or third parties featured on or hyperlinked (with
permission) to our Site, including the purchase of and payment for
goods and services, and any understandings and representations
associated with such dealings are solely between User and the
advertisers and/or third parties. User agrees that Company is not
responsible or liable for any loss incurred by User that results from
User's Site or in connection with any hyperlink. Company makes no
representations or endorsements in connection with such sites. If
User accesses any of the third party sites linked to this Site, it
does so entirely at its own risk. Use of any information obtained
from such sites is voluntary, and reliance on it should only be
undertaken after an independent review of its accuracy, completeness,
efficacy, and timeliness. Company cannot comment on or take
responsibility for the privacy policies (if any) that apply to any
such third party sites.
Governing
Law: The laws of the State of Utah
(excluding its choice of law rules) will govern the interpretation
and enforcement of this Agreement. User hereby consents to personal
jurisdiction in the federal and state courts of Utah for any action
arising out of or relating to Company or the Services. The federal
and state courts of Utah will have non-exclusive jurisdiction over
all such actions. In any such action, the prevailing party will be
entitled to recover all legal expenses incurred in connection with
the action, including but not limited to its costs, both taxable and
non-taxable, and reasonable attorney's fees. The terms of this
section will survive any termination of this Agreement.
Sales
Outside of the United States: This Site
may contain products, merchandise and services that are available in
the United States of America or its territories. Because this Site is
operated in the State of Utah, Company makes no representation that
the Site, its Contents, or the goods or Services offered through it
are applicable or appropriate for use or consumption outside of the
United States of America or its territories.
System
Integrity: User may not use any software,
scheme or device to interfere or attempt to interfere with the proper
working of the Site. User may not take any action that imposes an
unreasonable or disproportionately large load on the Site
infrastructure.
Notices:
Except as explicitly stated otherwise, notices shall be provided by
postal mail to Foreclosure Alert Inc,
Attn: Legal Department, 3049 N. Executive Parkway, Lehi, UT 84043.
Company shall provide notice to the User via the email address
provided by User during the registration process. Notice shall be
deemed given twenty (24) hours after email is sent, unless the
sending party is notified that the email address is invalid.
Alternatively, Company may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to
Company during the registration process. In such case, notice shall
be deemed given three (3) days after the date of mailing.
Contact
Information: All questions and comments
may be addressed by emailing us at support@foreclosurealert.com.
Consent to Monitoring and
Disclosure: Company is under no obligation
and does not assume any obligation to monitor the information
residing on or transmitted to the Site. However, User hereby agrees
that Company may monitor the Site to operate the Site in order to
protect the Users of the Site and comply with all laws, regulations
or requests from governmental authorities. Company reserves the right
to modify or delete any information contained on the Site.
This
Agreement constitutes the entire Agreement between Company and User
and supersedes any prior agreement or understanding, written or oral,
relating to the subject matter of this Agreement.
If any
provision of this Agreement shall be adjudged by a court to be void
or unenforceable, the same shall in no way affect any other provision
of this Agreement or the validity or the enforceability of this
Agreement.
All rights and remedies provided herein are
cumulative and are in addition to all other rights and remedies
available at law or equity.
In the event that either party
successfully takes legal action to enforce any provision of this
Agreement the unsuccessful party shall pay full costs and expenses of
such action, including reasonable attorney's fees.
Waiver of
any breach or default of this Agreement shall constitute a waiver
only as to such particular breach or default and shall not constitute
a waiver of any other breach or default. Failure to act by either
party in exercising any right, power, or remedy under this Agreement,
except as specifically provided herein, shall not operate as a waiver
of any such right, power or remedy, and will not affect the validity
of the whole or any part of this Agreement, or prejudice such party's
right to take subsequent action.
Neither party shall be held
liable for delays in any of its performance resulting from acts of
God, war, civil disturbance, court order, labor dispute or any other
cause beyond its control.
The relationship of the parties
shall be solely that of independent contractors. No partnership,
joint venture, employment, agency or other relationship is formed,
intended or to be inferred under this Agreement. Neither party to
this Agreement shall attempt to bind the other, incur liabilities on
behalf of the other, act as agent of the other, or authorize any
representation contrary to the foregoing.
This Agreement is
binding upon and shall inure to the benefit of the parties, their
successors and assigns. However, this Agreement is not assignable by
User. This Agreement is personal to the User and neither the
Agreement, nor the rights or duties hereunder, may be voluntarily or
involuntarily, directly or indirectly, assigned or otherwise
transferred without the prior written consent of Company. Any
unauthorized assignment or transfer shall constitute a breach hereof
and shall be voidable by Company.