By visiting or using the preforeclosure.com Web site (the "Web site"), or any co-branded and/or linking site, or by participating in any preforeclosure.com sponsored educational program or seminar the user ("User") agrees to be
bound by these Terms and Conditions of Service and that such agreement constitutes a binding contract between User and preforeclosure.com. If User does not wish to be bound by these Terms and Conditions of Service, the User
should not visit or use the preforeclosure.com Web site.
preforeclosure.com reserves the right to change these Terms and Conditions of Service from time-to-time at its sole discretion. In the case of any violation of the Terms and Conditions of Service, preforeclosure.com reserves the right
to seek all remedies available by law and in equity for such violations. These Terms and Conditions of Service apply to all visits to the preforeclosure.com Web site, to the education portion of the Web site both now and in the future.
No Endorsements; User Waiver of Claims
User acknowledges that preforeclosure.com sells no real estate or real estate services ("Product") through this Web site. Certain real estate brokers, lenders, educational providers, speakers, seminar agents or other real estate
or educational service providers (collectively, the "Vendors") may post information on this Web site or contact you at your request, but User understands that preforeclosure.com 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, including those providing educational, seminar or other
published materials. 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 preforeclosure.com that are connected to use of this Web
site or any vendor that provides services or products on this Web site.
Although preforeclosure.com has made reasonable efforts to place accurate information on this Web site, preforeclosure.com assumes no responsibility for the accuracy of the information. PREFORECLOSURE.COM PROVIDES THIS WEB SITE
CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL OR ANY OTHER REFERENCE IS PROVIDED "AS IS" WHERE IS
AND PREFORECLOSURE.COM FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING
CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS PREFORECLOSURE.COM 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
PREFORECLOSURE.COM SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE
OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT PREFORECLOSURE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
User agrees to indemnify and hold harmless preforeclosure.com, 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 preforeclosure.com services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the preforeclosure.com Web site or on any other
co-branded Web site, by any subscriber in any capacity, is strictly prohibited and a material condition to the use of the preforeclosure.com site. The same shall be acknowledged to be copyright infringement on the valid filed or
unfiled copyrighted material of preforeclosure.com, which constitutes the intellectual property of ForeclosureFreeSearch, Inc. Use of this Web site constitutes the uncontroverted acknowledgement of the copyrighted material
contained therein. Data mining, screen scraping, copying graphics, maps, designs, logos or downloading and compiling data or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other foreclosure
information contained within the preforeclosure.com or co-branded Web sites in a commercial manner is strictly prohibited. preforeclosure.com reserves the right to immediately terminate any account that is being used in such activity
without notice. The reposting, manipulation, display or other Web-based presentation of data obtained through the preforeclosure.com Web site (or co-branded Web site) on the Internet or through email is strictly prohibited and
may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, preforeclosure.com 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
agree 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.
Customer shall always use the real property ownership information for the Customer's own internal business purposes only;
Customer shall not use the real property ownership information for reproduction, sale, publication or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation;
Customer shall acquire no proprietary rights in or to the real property ownership information or in any data contained therein, which rights remain the Licensee and its data suppliers;
Customer shall not disclose or provide the real property ownership information to any affiliates or parent organization if they do not have a need to know for the purposes permitted in the Customer Agreement or are otherwise
covered under the Customer Agreement;
Customer acknowledges that Licensee Reports, as well as the data contained therein, is sourced from public documents or statistical calculations and is provided on an "as is, as available" basis with all faults and defects.
The data supplier does not make any warranties, expressed or implied, including without limitation, those of merchantability and fitness for a particular purpose, nor is the data supplier responsible for errors, omissions,
miscalculations, or misrepresentations of value;
Customer acknowledges that the real property ownership information is proprietary information of Licensee and suppliers, under copyright, and has been furnished to Customer in trust. Customer acknowledges that the information
is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. Customer will issue appropriate instructions to all of its employees having access to the Licensee Reports
concerning the restrictions contained herein, and shall initiate reasonable security measures to prevent the accidental or otherwise unauthorized use or release of the real property ownership information, with particular respect
to consumer information that is or may be considered "sensitive" such as financial or personally identifiable information, including but not limited to, owner name, mortgage values, sale amounts, estimated property values, real
estate loan information, default, and foreclosure information, as related to a named individual owner;
Customer acknowledges that automated valuation models attempt to estimate the current market value of a piece of residential real property using technology. An estimated value is not an appraisal and neither Licensee nor
its suppliers or licensors make any warranties expressed or implied that any estimated property values associated with the service or as contained in any report are complete, guaranteed as accurate, fit for a particular purpose,
or merchantable. Any estimated values are delivered "as is," with all faults and defects. Use of estimated property values is done so that the sole risk and responsibility of Customer or the ultimate end user of such values. In
no event shall Licensee or its suppliers or licensors be liable for use or misuse of estimated values, any use or misuse in violation of any law, regulation, or industry standard, the inability or failure of a person or entity
to conduct business, or for any indirect, special or consequential damages related to use or misuse of an estimated value regardless of the circumstances;
Any use of the service and underlying real property information by Customer shall be at its own risk, and Customer hereby indemnifies Licensee and its suppliers or licensors with respect thereto. In no event shall Licensee
and its suppliers or licensors be responsible for any errors, omissions, miscalculations, or misrepresentations of value;
Licensee's data supplier is not responsible for any damages, including but not limited to, those incurred as a result of lost profits or revenue, loss of use of the Licensee Reports, loss of any substitute data or claims by
third parties, or for other similar costs. In no event shall Licensee's data supplier be liable for any damages resulting from Customer's inability or failure to access any Web site;
Customer acknowledges that certain states and federal regulatory bodies have enacted laws that place restrictions on marketing activities, including but not limited to, use of public record information in connection with
mortgage lending or other financial services mail marketing, or permitting a telephone customer to give public notice that such customer does not wish to receive sales solicitation telephone calls. Licensee and its data suppliers
disclaim any warranty, expressed or implied, that the real property information is free from any consumer information that may give rise to a privacy claim.
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 preforeclosure.com or ForeclosureFreeSearch, Inc. User 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 preforeclosure.com.
User's Code of Behavior
User agrees not to post on the Web site any content that (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 preforeclosure.com 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 preforeclosure.com service, User agrees not to disclose any assigned access code to others. User also agrees not to distribute the information contained in preforeclosure.com to any person or organization, by any
means, printed, electronic or other.
User understands that the monthly fee to access the data on preforeclosure.com will start if User does not cancel during the seven-day trial period. User also understands that after the expiration of the seven-day trial period, User may continue to access preforeclosure.com's database as long as Users account
is current. User also agrees to pay the monthly charge of $39.80 and will be automatically billed to the credit card listed given to preforeclosure.com until User decides to cancel. User may use the seven-day trial period for one time only. User agrees that it will not falsely or fraudulently attempt to reverse
or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the preforeclosure.com subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.
User can cancel his or her service at any time.
There are four methods to cancel an account, including:
Login to preforeclosure.com with an access code and click on the "My Profile" link at the top of the screen. On this page there is a red "Cancel Membership" button that will allow the User to cancel his or her service.
Contact the preforeclosure.com customer service department via telephone through the number provided in the "Contact Us" section, a link to which can be found on the main homepage at the bottom of the screen. Customer care representatives can cancel User service immediately over the phone.
Fill out the form located in the "Contact Us" section of preforeclosure.com, a link to which can be found on the main homepage at the bottom of the screen. From the drop-down menu, User must select "Cancel Service" then complete the form provided in its entirety before hitting the "Submit" button at the bottom of the form.
Account cancellation can be accessed through the "Account Management" link at the bottom of every page, User can click on the link contained within the sentence on the screen, "Would you like to cancel?"
User will be asked to provide his or her email address and access code to complete the cancelation process. If user cannot retrieve his or her email address or access code he or she must call the customer service department via telephone through the number provided in the "Contact Us" section, a link to which can be found on the main homepage at the bottom of the screen.
User must use the cancel process stated above to cancel this service. Refunds will not be issued to a user based upon his or her personal views or opinions of preforeclosure.com or for any period of service that is in excess of
two (2) months when the user has used the service or has otherwise obtained information from the site through the assigned access code. preforeclosure.com can directly determine if an individual account has been used. By way of
example if a user has been a subscriber to the service for six (6) months any cancelation or refund shall be limited to a maximum of two (2) months service to be addressed on a case-by-case basis. This includes the quality of
content, delays in updates, or related matters. Users have the option to cancel (see "Cancelations") within the seven-day trial period. Any exceptions to this policy are at the sole discretion of preforeclosure.com. User agrees that
it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the preforeclosure.com subscription service
without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.
preforeclosure.com will not be held responsible for charges incurred because of 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; preforeclosure.com is not responsible for the contents, changes, updates, or other links contained in a linked site. preforeclosure.com
provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by preforeclosure.com of the site.
Any third party desiring to link to the Web site must link to the Web site's homepage located at preforeclosure.com. No one may link to any other page of this Web site without the prior written consent of preforeclosure.com.
Authorization, Credit Cards, Debit Cards, ACH Transactions
By signing up to the trial or for any direct service provided by preforeclosure.com and by providing either credit card, debit card or ACH transaction information, the User consents to the subsequent recurring billing for
services/access provided by preforeclosure.com after the expiration of any trial period to the extent said period is applicable or in the event a trial is not applicable, User consents to recurring billing for services/access
provided on an ongoing basis. Such recurring billing shall continue until such time as the User cancels the service in accordance with the cancellation policy. DEBIT CARD CUSTOMERS ARE ADVISED THAT BASED ON THE TRIAL PROGRAM
AND DEBIT CARD PROCESSING SYSTEM, ONE MONTHS PAYMENT WILL TEMPORARILY REDUCE THE OPEN TO BUY BALANCE ON THE DEBIT CARD AT THE TIME OF SIGNUP SO THAT SUFFICIENT FUNDS ARE AVAILABLE IN THE EVENT THE CUSTOMER CONTINUES WITH
THE SERVICE AFTER THE TRIAL. IN THE EVENT THE SERVICE IS CANCELED IN ACCORDANCE WITH THE CANCELATION POLICY THIS OPEN TO BUY BALANCE WILL BE AVAILABLE AFTER CANCELATION. No funds are transferred to preforeclosure.com from
debit cards until after the expiration of the trial period. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct
third-party fraud to sign up and enroll for the preforeclosure.com subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate
the use of the same.
No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and preforeclosure.com as a result of use of the Web site.
The contents of this Web site and any claims related to it are governed by the laws of the State of Florida, without reference to its conflict of laws rules. User consents and fully agrees to the exclusive jurisdiction
of the State and Federal courts located in Palm Beach County, Florida, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding in any other
Personal information is defined as any information entered when registering or using services obtained through our Web site, information you provide as part of registration for one of our education or seminar programs
or any other information collected about you on our Web site (such as how long you spend on the Web site, what you look at on the Web site, etc.) We at preforeclosure.com constantly strive to provide useful products and services
based on the content of our site, including participants in our educational programs and seminars and on related subjects of interest. We may sell or distribute certain individual personal information to other companies,
including related interests or vendors so as to provide you with important offers. We may also use or provide partners with aggregate information from the information provided by all users. If you linked to this page
(or subscription form) from another Web site, information entered here may be disclosed to the owners of such Web site and to other third parties. If you are a participant in our educational programs and seminars we may
provide you special offers on related subjects of interest or an email displaying those subjects.
By subscribing to the preforeclosure.com's service, I agree not to disclose my access code to others. I also agree not to distribute the information contained in preforeclosure.com to any person or organization, by any means, printed,
electronic or other.
The above Terms and Conditions of Service constitute the entire and only agreement between User and preforeclosure.com on the matters described. User understands that User may be subject to further restrictions while using Vendors'