ForeclosedHomes.com Membership Terms and Conditions of Purchase and Use
Acceptance of Terms of Use
These Terms and Conditions of Purchase and Use (“Terms”) are between ForeclosedHomes.com and “you”, the person using ForeclosedHomes.com’s materials, web site and Member Services department (“Our Services”). By using Our Services you accept the Terms
We occasionally change these Terms. Refer to this page on our website (www.foreclosedhomes.com) for changes.
Terms of Purchase
The day you ordered marks the beginning of your free trial membership and your ability to access Our Services. The length of your free trial is the one offered to you at the time of purchase, and the MEMBERSHIP FEE (which includes 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 a continuity or a fixed term membership. If you ordered a continuity membership the MEMBERSHIP FEE is for Our Services 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. Cancellations must be done by telephone by calling 1-800-246-1911 or by visiting the My Account page.
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 Our 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.
Privacy Policy
Registration, membership and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.
Limitations
Membership is limited to individuals 18 years and older, and is not valid in Oregon or outside the United States. Free trials are only available to first time customers and cannot be combined with any other offer.
Your membership is solely for personal use. You agree that you will not provide access to Our Services to non-members through your account, and that you are fully responsible for all activities under your password or account. ForeclosedHomes.com will not be liable for any loss or damage arising from such activities, and reserves the right to terminate your access to Our Services, with or without notice.
For certain online marketing campaigns that require a membership tenure before a premium is earned, your MEMBERSHIP FEE for the first month will need to be processed before your membership is deemed eligible.
Access and Interface
By accessing the ForeclosedHomes.com web site (at www.foreclosedhomes.com) for Our Services or for any other reason, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the ForeclosedHomes.com web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the ForeclosedHomes.com web site.
Use of Information and Ideas Submitted
You hereby acknowledge and agree that ForeclosedHomes.com is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to ForeclosedHomes.com or may have with a ForeclosedHomes.com representative (the “Ideas”), and ForeclosedHomes.com shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by ForeclosedHomes.com for commercial purposes, including use for developing, manufacturing and marketing products and creating, modifying or improving ForeclosedHomes.com or other products, services or Websites affiliated with the ForeclosedHomes.com. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce or modify the Ideas.
No Resale of Our Services
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Services.
Disclaimer of Warranties
ForeclosedHomes.com is a publisher of information and does not broker real estate transactions or otherwise engage in real estate marketing activities. ForeclosedHomes.com is a products and services information source. It receives its information from various sources, including Internet sites. It is not necessarily affiliated with or endorsed by these sources, or compensated by them. All materials and information available through Our Services are provided “as is” and “as available”, and without warranties of any kind, express or implied.
We do not warrant that the information is always accurate, complete or current; that access to it will be available all the time, from every place, or that errors will be corrected. ForeclosedHomes.com disclaims any responsibility and any warranties for sales, purchases, financing or other types of transactions involving products and services on which Our Services provide information. Your use of Our Services is solely at your own risk.
Because some jurisdictions do not permit the exclusion of certain warranties, some or all of these exclusions may not apply to you.
Limitation of Liability
ForeclosedHomes.com is not liable for ANY damages of ANY kind that result from use of, or inability to use, Our Services. This applies to alleged liability of ANY basis, even if ForeclosedHomes.com has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; In such jurisdictions ForeclosedHomes.com’s liability shall be limited to the extent permitted by law.
Indemnification
Upon a request by ForeclosedHomes.com, you agree to defend, indemnify, and hold harmless ForeclosedHomes.com and its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys fees, that arise from your use or misuse of this site. ForeclosedHomes.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ForeclosedHomes.com in asserting any available defenses.
ForeclosedHomes.com’s Proprietary Rights
You acknowledge and agree that Our Services and any necessary software used in connection with Our Services (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through Our Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ForeclosedHomes.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Our Services or the Software, in whole or in part.
ForeclosedHomes.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Our Services. You agree not to access Our Services by any means other than through the interface that is provided by ForeclosedHomes.com for use in accessing Our Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ForeclosedHomes.com and our affiliates without express written consent of ForeclosedHomes.com. You may not use any meta tags or any other hidden text utilizing ForeclosedHomes.com’s name or trademarks without the express written consent of ForeclosedHomes.com. Any unauthorized use terminates the permission or limited license granted by ForeclosedHomes.com and subjects you to potential legal action.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of ForeclosedHomes.com, its content suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of ForeclosedHomes.com and protected by U.S. and international copyright laws. All Software used on this site is the property of ForeclosedHomes.com or its software suppliers and protected by United States and international copyright laws.
Trademarks
ForeclosedHomes.com and other marks indicated on our site are registered trademarks of ForeclosedHomes.com or its affiliates and/or subsidiaries, in the United States and other countries. ForeclosedHomes.com and other ForeclosedHomes.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of ForeclosedHomes.com or its affiliates and/or subsidiaries. ForeclosedHomes.com trademarks and trade dress may not be used in connection with any product or service that is not ForeclosedHomes.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ForeclosedHomes.com. All other trademarks not owned by ForeclosedHomes.com, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ForeclosedHomes.com, its affiliates or its subsidiaries.
Third Party Intellectual Property Protection
ForeclosedHomes.com believes that it is important to protect copyrights, trademarks, and other intellectual property rights. It is the policy of ForeclosedHomes.com to respond to claims of intellectual property infringement in an efficient and expeditious manner. ForeclosedHomes.com will take appropriate actions under the Digital Millennium Copyright Act (DMCA) if it receives notices of infringement complying with DMCA. DMCA notices of claimed infringement should be directed to the ForeclosedHomes.com’s registered agent for receiving such notices:
DMCA Notice
c/o ForeclosedHomes.com
6330 Hollister Avenue
Goleta, CA 93117
(805) 968-2020
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local, national and international rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law and Forum
These Terms are governed by California laws. Any action to enforce or interpret them shall be brought and maintained exclusively in the Superior Court of the State of California in Santa Barbara. The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto and the right to remove such action to a Federal District Court.
Severability and Integration
Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between you and ForeclosedHomes.com and its affiliates with respect to this site and our services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ForeclosedHomes.com with respect to ForeclosedHomes.com. If any part of these Terms of Use or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Parties in Interest
Nothing in these Terms of Use is intended to confer any rights or remedies under or by reason of these Terms of Use on any persons other than the parties to these Terms of Use.
Notice
Notices to you may be made via either e-mail or regular mail. Our Services may also provide notices of changes to the Terms of Use or other matters by displaying notices (or links to notices) generally on Our Services.