These Terms of Use govern your use of the HUDforeclosed.com service and Web site. By using, visiting, or browsing the HUDforeclosed.com Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the HUDforeclosed.com service or Web site.
These Terms of Use are an ongoing contract between you and HUDforeclosed.com and apply to your use of the HUDforeclosed.com service and Web site. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the HUDforeclosed.com Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the HUDforeclosed.com Web site or continued use of our service after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the HUDforeclosed.com Web site is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the top of our Privacy Policy.
Subscription Types and Billing:
HUDforeclosed.com is an online subscription service providing its members with access to a comprehensive database of foreclosure property information and other related services.
At the time you registered, you agreed to a specific term of subscription. For example, the term may be monthly, quarterly, semi-annually or annually. The term of your subscription will automatically renew for indefinite successive renewal terms for the same period as the initial term unless terminated by you or HUDforeclosed.com. If you registered for a trial subscription, the initial term begins at the end of the trial period, unless you cancel during the trial period.
Trial Membership: You will have full access to the service for 7 days for a nominal trial fee. If you do not cancel the service during the trial period, you will be billed $49.60 exactly 7 days, on the hour, from the date and time you originally registered. YOUR ACCOUNT WILL CONTINUE TO BE BILLED MONTHLY UNTIL CANCELED.
Semi-Annual Membership: You will be billed $99.00, immediately upon registration. There is no trial with the semi-annual subscription. YOUR ACCOUNT WILL CONTINUE TO BE BILLED SEMI-ANNUALLY UNTIL CANCELED.
Annual Membership: You will be billed $179.00 immediately upon registration. You do not need to cancel your annual subscription, as you will only be billed one time.
Trial subscriptions are only available to first time customers of the HUDforeclosed.com service and cannot be combined with any other offer. You must have Internet access and a valid credit card or debit card ("Payment Method") to register for our service. Additionally, we reserve the right to modify, terminate or otherwise amend our offered subscription plans. If you choose not to cancel after the Trial your membership will automatically renew. The cost thereafter is only $49.60 for each additional month. This subscription is billed directly to your credit card and will automatically be billed until you cancel your subscription. If you decide you do not want the subscription, simply cancel your account during the Trial period and no further charges will occur.
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, AND IF YOU CANCEL WITHIN THE TRIAL PERIOD THE PREAUTHORIZATION AMOUNT WILL NOT BE COLLECTED. THE PREAUTHORIZATION MAY HOLD FUNDS AGAINST YOUR AVAILABLE BALANCE, AND YOU CAN CONTACT YOUR CREDIT CARD COMPANY FOR MORE DETAILS REGARDING PREAUTHORIZATIONS.
By using the HUDforeclosed.com service, you are expressly agreeing that we are permitted to bill you for subscription fees and any other charges you may incur in connection with your use of the HUDforeclosed.com service. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each successive renewal term thereafter unless and until you cancel your subscription. Click on the "My Account" link to see the commencement date for your next renewal period. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail.
At its sole discretion, HUDforeclosed.com can offer different subscription terms on its Web site and the membership fees for these subscriptions may vary.
Various Services and/or Content on the Web site, whether offered by HUDforeclosed.com, third-party Service Providers or others, could require additional fees.
Promotional Offers
From time to time, in HUDForeclosed.com's sole discretion, HUDforeclosed.com may offer a reduced membership fee, varying trial membership durations (if any) or different terms altogether, for a specified promotional period, to first-time or other selected customers. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time. Specific details of your offer not covered in these Terms of Use will be explained on the web page where you indicate your acceptance of the promotional offer.
Automatic Renewals
HUDforeclosed.com primarily charges a monthly subscription fee but other term time periods are available and apply to this agreement. Your HUDforeclosed.com subscription will be automatically renewed for successive terms unless canceled. We will bill the subscription fee to the Payment Method you provide to us during registration. Your subscription will automatically renew for successive terms, without prior notice to you, unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next term's subscription fees to your Payment Method.
Cancellation
You may cancel your subscription to HUDforeclosed.com at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, click the link "Cancel" on the "My Account" page and follow the simple instructions provided. You may also cancel by email or telephone during business hours. Please call us at 1.800.422.6021 from Monday-Friday, 6AM-6PM PST and Saturday-Sunday, 9AM-5PM PST.
HUDforeclosed Real Estate Professional Network ("REPN")
Participation in the REPN program and use of HUDforeclosed.com services constitutes the unconditional and unmodified acceptance of the REPN service noted herein.
For a monthly fee, payable in advance after a trial period, HUDforeclosed.com allows REPN Service Providers to purchase marketing and advertising space on the HUDforeclosed.com site on a nonexclusive basis. Service Providers purchase geographical areas based on postal zip codes known as your "Territory". Properties listed in the Territory will randomly display the profile of the REPN Service Provider who has purchased the applicable Territory. When a HUDforeclosed.com subscriber has accessed or clicked on a particular property in the Territory, the REPN Service Provider who has purchased that territory will have their profile displayed as a preferred service provider.
REPN Service Providers must submit valid contact, license and payment information when registering for the nonexclusive REPN program. REPN Service Providers hereby represent and warrant the accuracy of the information provided and the authority to enter into a legally binding contract with HUDforeclosed.com for the marketing services provided herein. Fees charged to REPN Service Providers for access to a Territory are subject to change on a monthly basis and are determined at the sole discretion of HUDforeclosed.com. All marketing service fees are payable in advance on a month-to-month basis and REPN Service Providers agree that the minimum service period is one (1) month. Termination shall occur and be effective on the first (1st) day of the subsequent month and all REPN service fees are non-refundable. Billing for the REPN services will be recurring on a month-to-month basis until cancelled by the REPN Service Provider.
Testimonials and Customer Communication
If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit. Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.
Disclaimers of Warranties and Limitations on Liability
THE HUDFORECLOSED.COM SERVICE, INCLUDING ALL FEATURES ASSOCIATED THEREWITH, THE WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE HUDFORECLOSED.COM SERVICE, THE WEB SITE AND ITS CONTENTS. We assume no liability or responsibility for any errors or omissions in the content of the HUDforeclosed.com Web site, any failures, delays, or interruptions in the delivery of any content contained on the HUDforeclosed.com Web site, including any losses or damages arising from the use of the content provided on the HUDforeclosed.com Web site, or the HUDforeclosed.com service. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon HUDforeclosed.com or its affiliated parties.
In no event shall our total liability to you for all damages for losses arising from the use or inability to use our Website, its contents or our service, including any features associated therewith exceed the amount of one month's subscription fee on your subscription plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Copyright
The compilation of all content on this site is the exclusive property of HUDforeclosed.com. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the HUDforeclosed.com Web site, not to insert any code or product or manipulate the content of the HUDforeclosed.com Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. HUDforeclosed.com reserves the right to terminate your subscription hereunder if HUDforeclosed.com, in its sole and absolute discretion, believes that you are in violation of this paragraph. The use of HUDforeclosed.com is for your personal and non-commercial use.
Trademarks
HUDforeclosed.com is a registered trademark. The HUDforeclosed.com logo and HUDforeclosed.com website are trademarks or service marks. The HUDforeclosed.com Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of HUDforeclosed.com. The trademarks, service marks and trade dress of HUDforeclosed.com may not be used or reproduced without prior written approval from HUDforeclosed.com, and may not be used in connection with any product or service that is not affiliated with HUDforeclosed.com, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of HUDforeclosed.com, or in any manner that disparages or discredits HUDforeclosed.com. Other trademarks that appear on the HUDforeclosed.com Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HUDforeclosed.com. Any images of persons or personalities contained on the HUDforeclosed.com Web site are not an indication or endorsement of HUDforeclosed.com or any particular product or our service unless otherwise indicated.
Electronic Communications
By using the HUDforeclosed.com service, you consent to receiving electronic communications from HUDforeclosed.com. These communications will include notices about your account and information concerning or related to our service. These communications are part of your relationship with HUDforeclosed.com and you receive them as part of the HUDforeclosed.com subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Limitations on Use
You must be 18 years of age or older to subscribe to the HUDforeclosed.com service. Unless otherwise specified, the content on the HUDforeclosed.com Web site is for your personal and non-commercial use and we grant you a limited license to access the HUDforeclosed.com Web site for that purpose. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the HUDforeclosed.com Web site without our express written consent. We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links
In addition, other Web sites may link to the HUDforeclosed.com Web site. HUDforeclosed.com has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of law provisions. You and HUDforeclosed.com agree that the United States District Court and/or the California Superior Court for the County of Los Angeles shall have exclusive jurisdiction over any dispute between you and HUDforeclosed.com relating in any way to the HUDforeclosed.com service or Web site or these Terms of Use. You and HUDforeclosed.com expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.
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