By visiting or using the www.preforeclosure.com Web site (the "Web site"), or any co-branded and/or linking site, or by participating in any www.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 www.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 www.preforeclosure.com Web site.
www.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, www.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 www.preforeclosure.com Web site, to the education portion of the Web site both now and in the future.
User acknowledges that www.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 www.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 www.preforeclosure.com that are connected to use of this Web site or any vendor that provides services or products on this Web site.
Although www.preforeclosure.com has made reasonable efforts to place accurate information on this Web site, www.preforeclosure.com assumes no responsibility for the accuracy of the information. WWW.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 WWW.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 WWW.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.
WWW.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 WWW.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 www.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.
The subscription to www.preforeclosure.com services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the www.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 www.preforeclosure.com site. The same shall be acknowledged to be copyright infringement on the valid filed or unfiled copyrighted material of www.preforeclosure.com, which constitutes the intellectual property of BluSea Holdings LLC. 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 www.preforeclosure.com or co-branded Web sites in a commercial manner is strictly prohibited. www.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 www.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, www.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.
All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web site are trademarks or service marks of www.preforeclosure.com or BluSea Holdings LLC. 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 www.preforeclosure.com.
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 www.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 www.preforeclosure.com service, User agrees not to disclose any assigned access code to others. User also agrees not to distribute the information contained in www.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 www.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 www.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 www.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 www.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:
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 www.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. www.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 www.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 www.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.
www.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.
This Web site contains links to third party sites. User accesses these sites at User's own risk; www.preforeclosure.com is not responsible for the contents, changes, updates, or other links contained in a linked site. www.preforeclosure.com provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by www.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 www.preforeclosure.com. No one may link to any other page of this Web site without the prior written consent of www.preforeclosure.com.
By signing up to the trial or for any direct service provided by www.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 www.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 www.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 www.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 understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and www.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 jurisdiction.
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 www.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 www.preforeclosure.com's service, I agree not to disclose my access code to others. I also agree not to distribute the information contained in www.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 www.preforeclosure.com on the matters described. User understands that User may be subject to further restrictions while using Vendors' Web sites.