65 Old Solomons Island Road, #208
Annapolis, MD 21401
PLEASE PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS. THE CONTENT AVAILABLE VIA THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FORECLOSUREWATCH.COM NOR ITS OWNERS, SUPPLIERS OR USERS ARE ENGAGED IN RENDERING COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
AGREEMENT BETWEEN USER AND FORECLOSUREWATCH.COM
This website, ForeclsoureWatch.com (here after referred to as “Site”) is offered to you, the "User," conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of this Site constitutes your agreement to all such terms, conditions, and notices.
ForeclosureWatch.com uses commercially reasonable and industry standard secure technology to protect your data and transmissions between you, ForeclosureWatch.com, ForeclosureWatch.com, LLC, and credit card processor, including but not limited to: Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology, which requires a SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later) and are encrypted using public key cryptography algorithms with a minimum key size of 128 bits; and our database is physically separated from our web server, and is protected by a physical firewall.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright 2010 ForeclosureWatch.com, LLC or suppliers, 65 Old Solomon's Island Road, Annapolis, MD 21401, U.S.A. All rights reserved. ForeclosureWatch.com is a service mark of ForeclosureWatch.com, LLC. Other product and company names mentioned herein may be the trademarks of their respective owners.
During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By registering for the Site, you represent and warrant that: (i) you are the participant who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of ForeclosureWatch.com, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify ForeclosureWatch.com of any potential unauthorized use(s) of your account, or breach of security. You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that we in our sole discretion deems offensive.
PROHIBITED USER CONDUCT
You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s Content, materials or services (for example, without limitation, in an RSS feed, or material received from ForeclosureWatch.com, or otherwise through the Site), or use, redistribute, republish or exploit such Content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Site. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Site or the services made available through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Site or the Site’s services or features in violation of ForeclosureWatch.com’s or any third party’s intellectual property rights or other proprietary or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
THE CONTENT AVAILABLE VIA THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FORECLOSUREWATCH.COM NOR ITS OWNERS, SUPPLIERS OR USERS ARE ENGAGED IN RENDERING COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
DISCLAIMERS AND LIMITATIONS
ForeclosureWatch.com is a private company not affiliated, endorsed, authorized or licensed by the U.S. Department of Housing and Urban Development or any other government agency. ForeclosureWatch.com is a private company not affiliated, endorsed, authorized, or licensed by any of the lenders or agencies whose properties are posted on the site. ForeclosureWatch.com does not intend to imply that there is a connection between ForeclosureWatch.com and the owners of the posted properties.
ForeclosureWatch.com intends that the information contained in this Web site be accurate and reliable; however, errors sometimes occur. In addition, ForeclosureWatch.com may make changes, and improvements to the information provided herein at any time. These changes include but are not limited to changes in Term of Use.
THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." FORECLOSUREWATCH.COM AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE IS AT YOUR OWN RISK. FORECLOSUREWATCH.COM AND/OR ITS SUPPLIERS 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 THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORECLOSUREWATCH.COM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
As a condition of use of this Web site, you agree to indemnify ForeclosureWatch.com and its suppliers and participating partners from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. ForeclosureWatch.com does not operate or control in any respect any information, software, products or services available on such Web sites. ForeclosureWatch.com's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
ERRORS AND DELAYS
ForeclosureWatch.com is not responsible for any errors caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control (for example, without limitation, browser compatibility with content).
This agreement shall be subject to and construed in accordance with the laws of the State of Maryland, excluding its conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of courts in Anne Arundel County, Maryland, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. This agreement constitutes the entire agreement between you and ForeclosureWatch.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ForeclosureWatch.com with respect to this Web site and information, software, products and services associated with it. If any part of this agreement is 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 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.
The monthly subscription fee is NON-REFUNDABLE whether or not the member accesses the site with membership fees accruing until the member cancels using the cancellation instructions below. There are NO Refunds for cancellation prior to the end of the membership period.
Member is responsible for and will be charged for any overdue account collection expenses including but not limited to agent fees, attorney fees, court cost, and other associated expenses.
As a condition of membership it is understood that if the member chooses not to cancel using the cancellation instructions below, at the end of the membership term, that the membership will be automatically renewed at the prevailing monthly subscription rate and will continue to be renewed at the then prevailing monthly subscription rate until membership is cancelled using the online cancellation instructions.
By agreeing to any free or discounted usage of the services provided by ForeclosureWatch.com, if offered either at the time of registration or sometime thereafter, the user will be able to access all information provided by ForeclosureWatch.com for the duration of the time frame stated by the website. After the free or discounted time frame has expired the user will be billed in accordance with the standard membership agreement at the regular price. If the user wishes to cancel his or her membership during the free or discounted period the user must cancel via the cancellation process on the website. Invalid cancellation is not grounds for a refund.
FORECLOSUREWATCH.COM CANCELLATION INSTRUCTIONS
In order to cancel your ForeclosureWatch.com membership you must login into the Member Area, choose "change your preferences", click the link under cancel membership and then follow the instructions on the cancellation page. You will be presented with a screen that indicates your user number and cancellation date. Print this out for your records. Your information will be removed from the active database and your account will no longer be renewed past the cancellation date. PLEASE PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.