TERMS & CONDITIONS

The following Terms and Conditions shall govern your membership with www.preforeclosuresearcher.com. These Terms and Conditions constitute a binding contract between Member and www.preforeclosuresearcher.com. By signing-up and becoming a member of www.preforeclosuresearcher.com you hereby agree to adhere to all Terms and Conditions of the site, no exception. If you do not understand or agree with any of the Terms and Conditions found herein, please do not complete the sign-up process and do not use or site. Services provided to you are conditioned upon your agreement to adhere to our Terms and Conditions. Use of our services constitute acceptance of our Terms and Conditions.

These Terms and Conditions are subject to change by www.preforeclosuresearcher.com (hereafter "Company"), in its sole discretion, at any time, without prior notice.

In the event these Terms and Conditions are violated in any way, Company reserves the right to seek all remedies available by law and in equity.

Based upon the Member's agreement to adhere to these Terms and Conditions, Company grants and conveys to the Member, during the term of Member's subscription, a non-exclusive, non-transferable license to use the data, information and services provided through the Company website subject to the License Restrictions detailed below.

AGE
Member acknowledges and warrants that he/she is at least eighteen (18) years of age and thereby has the legal ability to enter into a contract.

NO ENDORSEMENT:
Member understands, acknowledges and agrees that Company does not sell real estate or real estate services through its website. Upon your approval and request, certain real estate brokers, lenders, educational providers, and debt counselors (vendors) may contact you at your specified point of contact. The vendors may also post information or advertise on this website. Member understands, acknowledges and agrees that Company is not affiliated with these vendors and in no way guarantees, endorses or recommends their services.

If the Member chooses to enter into a relationship with any Vendor, that relationship is solely between Member and Vendor. Member agrees to waive any claim against Company for anything related to Member and Vendor communication or services provided.

LICENSE RESTRICTIONS:
Member represents, warrants, affirms and agrees that the data, information, products and services provided by Company to Member will only be used by Member. Member will not permit or allow the data, information and services to be used by an agent, friend, relative, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity. Member further represents, warrants, affirms and agrees that Member will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by Company to Member in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:

  1. Use other than Member's own personal use, i.e. no commercial purpose or use is permitted;
  2. Reproduction, reformatting, publication, re-publication, distribution or dissemination associated with any service or product provided or made available to any third party;
  3. Marketing or telemarketing uses;
  4. World Wide Web, Internet or online uses;
  5. Real estate valuation models, programs or systems;
  6. Inclusion or in combination with any other service or product of any kind;
  7. Extracting, selecting or drawing out any data element for any use;
  8. Real estate appraisal
  9. Credit evaluation and/or supporting;
  10. Evaluating risk, marketing sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
  11. Debt collection; and
  12. Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history.

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PROPRIETARY RIGHTS:
Membership to www.preforeclosuresearcher.com is intended for individual or private use only. Member represents, warrants, affirms and agrees that the data, information, services and Company name are proprietary information and property of Company, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Member's membership only allows Member to use the data, information and services subject to the express limitations and restrictions provided for in these Terms and Conditions.

Member will not partake in the commercial resale, electronic extraction, copying or reformatting of information posted on the Company website. This strictly prohibited activity applies to, but is not limited to: data mining, screen scraping, copying graphics, maps, logos, designs, downloading data, re-using or re-formatting any content.

In the event that it is discovered that a Member has engaged in the above illegal and prohibited activity, the Company will not only terminate the Member’s subscription and use of the website, but the Company will also seek all remedies available in law and in equity. Member, through his or her use of this site, understands, agrees and acknowledges that he or she will be liable for all court costs, legal fees and attorney fees incurred as a result of Member’s wrongful action herein prohibited.

CONSEQUENCES OF NON-COMPLIANCE WITH TERMS AND CONDITIONS:
At any time that Company believes, in its sole discretion, that Member has violated any term, condition, restriction, permitted use or limitation provided in these Terms and Conditions, Company may immediately terminate Member's Membership

CHARGEBACKS:
A Member may not subscribe to our site, use it, and then dispute the charge with their bank or credit card company. Likewise, you may not claim that a charge to your account is fraudulent if you subscribed to the Company’s site and used its services.

A fraudulent dispute to avoid having to pay for your membership is against the law and the Company will take all available steps to prosecute violators. The Company will investigate and fight all fraudulent disputes and chargebacks.

TERMS OF MEMBERSHIP:
Upon registering for services Member agrees to pay a monthly fee of $39.99 starting on the date of registration. Successful processing of the above payment will start Member's membership and access to www.preforeclosuresearcher.com. The membership term shall be monthly and shall automatically renew for indefinite successive renewal terms unless terminated by Member or Company. The membership fee shall be charged and processed on a recurring monthly basis. Member agrees there is no guarantee of property availability in their area.

TERMINATIONS
Company reserves the right to cancel services to any Member at any time. The Member may cancel the Member's subscriptions at any time. All fees due to Company up to the end of the then current term billing cycle at time of termination shall remain payable to Company unless otherwise specifically provided otherwise to the Member in a related specific promotional offer.

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The Member may terminate the membership contract by calling 1-888-596-9279.

SURVIVAL OF TERMS:
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Member's Membership.

OTHER MEMBER SERVICES:
Company allows Members to submit requests for service to independent third-party real estate and other related service providers. As Company uses e-mail and telephones to provide services, all Company Members hereby consent to receive e-mails and telephone calls from Company to qualify for and participate in Company services. Members consent to receive e-mails and telephone calls from third parties, as Company Member's service requests to and/or through Company may require services from these third parties.

Member affirms that all of the information Member provides to Company, whether online or otherwise, is accurate and complete. Member also agrees to update Company with current and accurate information, if at any time the information Member provided to Company changes. Company reserves its right to terminate or suspend access to its services to any Member whose information Company believes, in its sole discretion, to be inaccurate or misleading.

Company may refer Professional Service Providers, mortgage lending or other service providers (collectively, "Service Providers") to Members. The terms of any agreement between a Member and any Service Provider referred by Company are not endorsed, warranted, guaranteed, recommended or otherwise known to or by Company.

For its services and referrals, Company may receive payment from Service Providers. Membership with Company and use of Company’s services constitutes Member's acknowledgment of and agreement to this compensation arrangement.

MODIFICATION OF SERVICES:
Company reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information, goods, content or product, with or without notice to any Member. Company is not liable to any Member in the event that Company exercises its right to modify or discontinue any service.

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PAYMENT OF CHARGES:
A. Company charges a monthly membership fee.
The membership fee is calculated from the day of the term (monthly) that the Member's paid membership commences. The Member agrees that if the Member registers for our services, the Member authorizes Company to, and the Member agrees that Company may, charge to the Member's credit card, debit card or bank account for each agreed upon term of the Member's selected membership term. The term membership fee, when paid, is non-refundable and accrues on the first day of each term and/or successive renewal term until canceled, regardless of whether or not the Member accesses the database.

B.On Time Payment:
The Member is required to pay all charges and agree to submit an accompanying payment authorization in connection with these charges when requested by Company. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. Company may terminate or disable the Member's participation in its services if the Member fails to pay. If the Member's credit card expires or is otherwise declined for payment, access to Company services and websites will be suspended without notice to the Member. The Member is responsible for any premium charges incurred in connection with the use of information, content, goods, products or services that are provided at an extra cost. All fees are quoted and payable in United States Dollars. The Member is also responsible for paying all applicable taxes for information, content, goods, products or services and any other costs incurred in connection with the use of or access to Company and its websites.

C. Payment Methods:
The Member's complete billing address and telephone number must be provided to process payments. Company accepts major credit cards including Visa, MasterCard and American Express and may accept bank drafts, including personal checks.

D. Account Discrepancies:
A Member may contact Customer Service by calling 1-888-596-9279concerning charges or other questions regarding the status of the Member Account.

DISCLAIMERS AND LIMITATIONS:
Company attempts to ensure that the information contained in its websites is accurate and reliable; however, errors sometimes occur. Company does not guarantee the accuracy of the information contained in this site and instructs you to independently verify the accuracy of the information provided. In addition, Company may make changes and improvements to the information provided herein at any time. COMPANY DOES NOT GUARANTEE ITS SERVICES (PRE-FORECLOSURE LISTINGS, FORECLOSURE LISTINGS, OR ANY LISTINGS) ARE PROVIDED OR AVAILABLE IN ANY CITY, COUNTY OR STATE. COMPANY DOES NOT GUARANTEE MEMBER SUCCESS UTILIZING OUR SERVICES, NOR GUARANTEES ACCURACY OF SERVICES PROVIDED. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS." COMPANY, ITS SUPPLIERS, PARTICIPATING LENDERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR P URPOSE, TITLE, AND NONINFRINGEMENT. BY THE MEMBER'S USE OF COMPANY’S SERVICES, THE MEMBER AGREES AND ACKNOWLEDGES THAT THE MEMBER'S USE OF ALL COMPANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH COMPANY AND/OR ITS WEBSITES IS AT THE MEMBER'S OWN RISK. COMPANY AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF COMPANY’S SERVICES OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE MEMBER, IF THE MEMBER RESIDES IN SUCH A JURISDICTION. COMPANY DOES NOT GUARANTEE UNINTERRUPTED OR ERROR–FREE USE.

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Though much time, energy and resources are in place to ensure timely and accurate information, the data provided on this site may from time to time have faults and defects.

Automated home value estimators estimate the current market value of a piece of property. This is an estimated value using technology and should not be deemed or construed as an appraisal. Estimated values may have faults and defects. The estimated property values are not guaranteed. In no event will Company be liable for the use, misuse, or reliance on such estimated values.

NO SHARE POLICY
By subscribing to this website, Member further agrees not to share, disclose, sell or transfer any assigned login, password or access code to any third person, relative or otherwise. This fraudulent activity is strictly prohibited and the Company will prosecute violators to the full extent of the law.

The Company will track use of all Member Login functions to ensure that sharing is not taking place.

LINKS TO or FROM OTHER WEBSITES
Company’s website may contain links to third party sites. Should the Member choose to access these sites, Member does so at his/her own risk. The Company will not be responsible or liable for the content, representations, changes, data, updates, fees, language (whether inaccurate, defamatory, sexually offensive or racially offensive), or services of these third party sites.

INDEMNIFICATION:
As a condition of use of Company websites, the Member agrees to indemnify and hold harmless Company and its suppliers, distributors, or other Service Providers from and against any and all claims, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Member's use of Company services, including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of this Agreement by the Member.

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DISPUTE RESOLUTION:
The Member agrees that any claim or controversy, arising out of or relating to the use of Company services, to the goods or services provided by it, or to any acts or omissions for which the Member may contend Company is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Las Vegas, Nevada. The arbitration shall be held before one arbitrator under the commercial arbitration rules of Alternate Dispute Resolution (ADR) in force at that time. The arbitrator shall be selected pursuant to the ADR rules. Should no ADR rule regarding the selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to Company. In any arbitration, Company will pay the filing fee. All other costs associated with arbitration shall be split equally among the parties. To begin the arbitration process, a party must make a written demand thereof. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Las Vegas, Nevada. Member and Company agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have he power to award damages in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN THE MEMBER AND COMPANY WILL BE RESOLVED BY BINDING ARBITRATION IN LAS VEGAS, NEVADA. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE MEMBER'S RIGHTS. THERE IS NO JURY IN ARBITRATION. THE MEMBER ALSO GIVES UP THE MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE MEMBER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER AND COMPANY RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE THAT SUCH CLAIMS FOR INJUNCTIVE RELIEF MAY ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN LAS VEGAS, NEVADA.

OTHER TERMS:
These Terms and Conditions shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

CONCLUSION
The above Terms and Conditions constitute the entire and only agreement between the Company and Member.

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