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By using PreforeclosureNetwork.net, you become a "Member" of Preforeclosure Network, Inc ("PFN"). PFN offers services to you, conditioned on your agreement to adhere to the following Terms of Use without modification of any kind.
Member's agreement with PFN and/or use of PFN's services constitutes Member's acceptance to these Terms of Use. These Terms of Use are subject to change by PFN, in its sole discretion, at any time, without prior notice.
Based upon the Member's agreement to adhere to these Terms of Use, PFN grants and conveys to the Member a non-exclusive, non-transferable license to use the data, information and services provided through the PFN website subject to the License Restrictions detailed below.
License Restrictions
Member represents, warrants, affirms and agrees that the data, information and services provided by PFN to Member will only be used by Member and that Member will not permit or allow the data, information and services to be used by an agent, 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 PFN to Member in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:
- Use other than Member's own personal use, i.e. no commercial purpose or use is permitted;
- Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
- Marketing or telemarketing uses;
- World Wide Web, Internet or online uses;
- Real estate valuation models, programs or systems;
- Inclusion or in combination with any other service or product of any kind;
- Extracting, selecting or drawing out any data element for any use;
- Real estate appraisal;
- Credit evaluation and/or supporting;
- Evaluating risk or 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;
- Debt collection; and/or
- Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history.
Proprietary Rights
Member represents, warrants, affirms and agrees that the data, information, services and PFN name are proprietary information and property of PFN, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Members are allowed to use the data, information and services subject to the express limitations and restrictions provided for in these Terms of Use.
Consequences of Non-Compliance with Terms of Use
At any time that PFN believes, in its sole discretion, that the Member has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, PFN reserves the right to pursue all claims and causes of action it may have against the Member for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney’s fees and court costs.
Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Member's using of this website.
Member Services
PFN allows Members to submit requests for service to independent third-party real estate and other related service providers. Members agree to supply PFN with information about themselves and the property they want to sell or hope to buy. PFN will use this information to provide certain details on an anonymous or non-anonymous basis to third-party affiliates who are, in most cases, members of its network. As PFN uses e-mail and telephones to provide PFN services, all PFN Members hereby consent to receive e-mails and telephone calls from PFN to qualify for and participate in PFN services. PFN Members consent to receive e-mails and telephone calls from third parties, as PFN Member's service requests to and/or through PFN may require services from these third parties.
Member affirms that all of the information Member provides to PFN, whether online or otherwise, is accurate and complete. Member also agrees to update PFN with current and accurate information, if at any time the information Member provided to PFN changes. PFN reserves its right to terminate or suspend access to PFN services to any Member whose information PFN believes, at PFN's sole discretion, to be inaccurate or misleading.
PFN 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 PFN are not endorsed, warranted, guaranteed, recommended or otherwise known to or by PFN.
For its services and referrals, PFN may receive payment from Service Providers. Membership with PFN and use of PFN services constitutes Member's acknowledgment of and agreement to this compensation arrangement.
PFN may from time to time offer eligible Members promotional opportunities. Not all Members may be eligible to receive all promotional opportunities.
Real Estate Broker/Agent Services
The PFN Agent Network is a service provided to PFN Members that allows potential home sellers and home buyers to request help from real estate brokers/agents. Members must provide information relevant to the real estate transaction. This information is forwarded to selected local brokers/agents ("Professional Service Provider") who have registered with PFN to receive such information. All such brokers/agents are independent third parties to PFN. PFN makes no representation or warranty as to the quality or qualification of any Professional Service Provider referred to Member. It is the Member's responsibility, and PFN encourages this for all Members, to independently investigate the qualifications of each Professional Service Provider prior to entering any agreement. PFN is not a party to, and has no knowledge of specific terms of, any agreement between any Professional Service Provider and the Member. To use this service, Member must consent to receive e-mails and telephone calls from PFN and from Professional Service Provider referred to Member by PFN.
Property Posting Services
Members may post properties for sale on PFN to market those properties to other PFN users. Member affirms that all of the information and content Member provides to PFN, whether online or otherwise, is accurate and complete. Member also agrees to update PFN with current and accurate information, if at any time the information Member provided to PFN changes. PFN reserves its right to terminate or suspend access to PFN services to any Member whose information PFN believes, at PFN's sole discretion, to be inaccurate or misleading or otherwise objectionable.
Member agrees to only provide content that member is authorized to provide by law or contractual agreement and that does not violate any other agreement, contract with a third party or the property rights of a third party.
Member further agrees not to provide any information or content to PFN, whether online or otherwise, that is unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable in any other way.
Grant of License to PFN
A Member who posts properties for sale on PFN grants to PFN an unlimited, unrestricted and royalty-free license to publish and display all, part or a modified version of the content provided by the member on any PFN controlled or sponsored website and on all other PFN controlled or sponsored publications and services. Furthermore, a Member who posts properties for sale with/to PFN, grants PFN permission to distribute, by e-mail or otherwise, all, part or a modified version of the content provided by the Member to all PFN users, partners and affiliates and to any media PFN shall deem advisable in its sole determination for marketing purposes.
Other Service Providers
From time to time PFN may include on its websites third-party Service Providers such as a moving, or a mortgage service provider. PFN posts these services on its websites as a service to its Members. PFN is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these other Service Providers. It is the Member's responsibility, and PFN encourages this for all Members, to independently investigate the qualifications of each Service Provider and to carefully review each Service Provider offering prior to entering into any engagement.
PFN is not responsible or liable for any acts or omissions created or performed by these other Service Providers. PFN's websites may contain links to websites maintained by third-party Service Providers. Such links are provided for Member convenience and reference only. PFN does not operate or control, in any respect, any information, software, products or services available on such websites. PFN's inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.
Third-Party Content and Screening
PFN is a data aggregator of content supplied by third parties and Members and as such does not have editorial control over the opinions, advice, statements, services, offers or other content provided, expressed or implied by third parties, including other Members of PFN. PFN reserves the right, but is not obligated, to screen and review any content provided to PFN and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason PFN deems relevant.
Modification Of PFN Services
PFN 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. PFN is not liable to any Member in the event that PFN exercises its right to modify or discontinue any service.
DISCLAIMERS AND LIMITATIONS
PFN attempts to ensure that the information contained in its websites is accurate and reliable; however, errors sometimes occur. PFN and its parent company do 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, PFN may make changes and improvements to the information provided herein at any time.
THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS." PFN, 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 PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE MEMBER'S USE OF PFN'S SERVICES, THE MEMBER AGREES AND ACKNOWLEDGES THAT THE MEMBER'S USE OF ALL PFN INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH PFN AND/OR ITS WEBSITES IS AT THE MEMBER'S OWN RISK. PFN 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 PFN'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, TORTIOUS 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.
INDEMNITY
As a condition of use of PFN websites, the Member agrees to indemnify PFN and its suppliers, distributors, or other Service Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Member's use of PFN's services, including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of this Agreement by the Member.
DISPUTE RESOLUTION
The Member agrees that any claim or controversy, arising out of or relating to the use of PFN's services, to the goods or services provided by PFN, or to any acts or omissions for which the Member may contend PFN is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Clark County, Nevada. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to PFN. In any arbitration, the Member will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration being paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Los Angeles County, California. Member and PFN agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the 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 PFN WILL BE RESOLVED BY BINDING ARBITRATION IN LOS ANGELES COUNTY, CALIFORNIA. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE MEMBER'S RIGHTS. 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 PFN 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 LOS ANGELES COUNTY, CALIFORNIA.
OTHER TERMS
These Terms of Use 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 of Use 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.
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