THIS AGREEMENT ESTABLISHES THE TERMS AND CONDITIONS TO WHICH YOU AGREE AND ARE SUBJECT WHEN ACCESSING OR USING FORECLOSUREFEEDBACK.COM. EACH TIME YOU ACCESS OR USE THE FORECLOSUREFEEDBACK.COM WEBSITE YOU UNDERSTAND AND AGREE YOU ARE RE-AFFIRMING YOUR CONSENT TO THE THEN EXISTING TERMS OF USE.
If you have any questions that Foreclosurefeedback.com's user guidelines cannot answer, please contact support@homefeedback.com. Except as otherwise provided herein, these terms of use apply to all users of any service at Foreclosurefeedback.com.
a) "Foreclosurefeedback.com" means Foreclosurefeedback.com, Inc., the internet service operated by Foreclosurefeedback.com, Inc., a California corporation.
b) "User" means any user of the Foreclosurefeedback.com service.
Foreclosurefeedback.com is a web-based service to provide homeseller's information regarding the feedback from prospective buyers of their home. The information is provided via e-mails and posting the requested feedback on the seller's personal control page. There are other features of the service as well.
Information is solely to be used for the purpose of providing accurate feedback to home sellers. Any information supplied by users could be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect you to use caution and common sense while using our site. Any misuse of the site shall revoke the users rights to access Foreclosurefeedback.com.
Foreclosurefeedback.com acts solely as a venue and is not responsible for the content of communications among users whether accomplished through the use of Foreclosurefeedback.com's facilities or otherwise. Specifically, without in any way limiting any other provision of these Terms of Use, we do not control, warrant, or guarantee the quality, safety or legality of any information or comments communicated on the site or via e-mail. We do not control, warrant, or guarantee that any user is who he or she claims to be or is not acting upon false pretenses.
The Foreclosurefeedback.com fee structure is subject to change at any time and for any reason and Foreclosurefeedback.com reserves the right to modify the membership program, dues, fees, charges or rates at any time upon prior notice sent by message to the e-mail address you have registered in your membership account. You as the user are responsible for paying all applicable taxes for services and any other costs you incur through the use of of access to our servers.
Free Trial Periods: If you sign up for a free trial promotion, you are responsible for account cancellation prior to the end of your free trial term. Failure to cancel will result in charges as agreed on your registration page and no credits will be issued.
Links: Foreclosurefeedback.com provides links to other sites on the World Wide Web. Some of the internet sites that you visit through these links assess separate charges for the content, goods or services that they provide. Costs, taxes or other charges you incur when visiting these websites are your sole responsibility. Membership cannot be assigned or transferred. You agree to be responsible for all membership dues, fees or charges incurred on your account by you or anyone you allow to use your account in violation of these Terms of Use including, but not limited to, your professional colleagues, former Foreclosurefeedback.com members, family or friends.
Amounts: Each member will be charged the amount that they agreed to on the registration page. All properties will be billed a minimum of one full month for any part of the month the Foreclosurefeedback.com service was used.
Account Discrepancies: You may always contact Foreclosurefeedback.com customer service by e-mail at support@homefeedback.com. However, if your inquiry is not resolved to your satisfaction within fifteen (15) business days of sending the e-mail and in no event later than ninety (90) days after you should have discovered a questionable billing or other discrepancy in your membership account, you must write to Foreclosurefeedback.com, 4901 Morena Blvd, Suite 207, San Diego, CA 92117 by United States mail. Failure to write within these time frames waives your right to question the status of your account.
Payment Methods: You must provide your exact billing address and telephone number to properly process your membership application and corresponding dues, fees and charges. Foreclosurefeedback.com accepts major credit cards including Visa, MasterCard and American Express as forms of payment. There is no surcharge for using your credit card to pay membership dues, fees and charges. To complete the membership application process you must submit an accompanying payment authorization.
You must keep an acceptable and currently used credit card on file with Foreclosurefeedback.com. If your credit card expires or otherwise declines payment your access to the site is suspended. Thereafter you have thirty (30) calendar days from the date of your membership dues, fees and charges were posted to your membership account to submit remittance. You are responsible for your membership dues, fees and charges, including collection and legal fees Foreclosurefeedback.com may incur in collecting a balance owed by you.
Cancellation: Your membership may be canceled or terminated at any time in accordance with these terms of use. However no portion of your outstanding or pending payments for membership dues, fees, or charges are refundable by Foreclosurefeedback.com. You will remain liable for any outstanding membership dues, fees, charges or other monetary obligations incurred pursuant to these terms of use before cancellation of your membership.
You may cancel your membership by delivering via e-mail to
support@homefeedback.com or to the Customer Service Department at 4901 Morena Blvd, Suite 207, San Diego, CA 92117.
By registering on Foreclosurefeedback.com you represent that:
a) You are of legal age and are otherwise capable of forming a legally binding contract.
b) You are a real estate agent or a home seller.
c) You will independently use appropriate government, public, consumer and other agencies or sources to verify Agent license status and background.
d) You will always submit true, current, and complete information
e) You will not use any information other than to provide feedback on seller's properties.
f) You will not publish any information provided on the Foreclosurefeedback.com website.
g) You will not take any action that may undermine the feedback system, including, without limitation: leaving positive feedback for yourself by editing agents feedback, leaving false negative feedback.
h) You will not use any Foreclosurefeedback.com service to impersonate or portray another person or entity, to communicate under a false name you are not authorized to use, or otherwise engage in false or fraudulent practices.
Homefeeedback.com acts solely as a passive conduit for feedback information provided by Real Estate Agent and prospective purchasers of property. Your information and the offering or seeking of services on Foreclosurefeedback.com shall not infringe Foreclosurefeedback.com's or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; shall not contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and shall not promote services that you do not have a right to link to or include.
Furthermore, you may not post on our site or offer through our site any; service or product that could cause Foreclosurefeedback.com to violate any applicable law, statute, ordinance or regulation, or any service or product that is not related to the real estate services that you are permitted to perform under applicable laws or regulations, or any service that is not considered a real estate service. By utilizing the service you acknowledge that email addresses entered by you may be contacted by Foreclosurefeedback.com for any purposes of doing business with Foreclosurefeedback.com.
You will not send any e-mail including any viruses.
In the event that you have a dispute with one or more users or/and provider of feedback information, you release Foreclosurefeedback.com (and our successors, representatives, principals, officers, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees) from claims, liability, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out or in any way connected with such disputes.
In connection with the foregoing, you hereby waive any and all rights under California Civil Code section 1542, and any similar federal, state, or local law. The section provides as follows: Section 1542. General Release - Claims Extinguished. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Without limiting any other remedies, Foreclosurefeedback.com may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, and delete any feedback information provided via your user name.
You as a user agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Foreclosurefeedback.com of any information posted via the site. If you are issues a password, you agree not to disclose your password to any third party or use your password for any unauthorized purpose.
Foreclosurefeedback.com may display URLs or icons that allow users to link to other web sites, including, without limitation, sites operated by other Real Estate Agents. Any content, representations or warranties made on such other web sites are the sole responsibility of the operator of the site, and Foreclosurefeedback.com assumes no liability, obligation, or responsibility for such content, representations, or warranties.
You agree to indemnify and hold Foreclosurefeedback.com and its successors, representatives, principals, officers, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of the use of the service, any violation of these terms of use or any other policy of Foreclosurefeedback.com, or any infringement of any intellectual property or other right of any person, by you or any other person using your user name and password.
WE AND OUR SUPPLIERS PROVIDE THE Foreclosurefeedback.com WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY OTHER THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You as a user agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of service.
Foreclosurefeedback.com is completely independent from you. You and Foreclosurefeedback.com agree we are not engaged in any agency, partnership, joint venture, employee-employer, franchisee-franchisor or other type of relationship and no such relationship is intended or created by this agreement.
Foreclosurefeedback.com may amend this agreement at any time by posting amended terms of use. By continuing to use the Foreclosurefeedback.com service you agree that the amendments are immediately effective unless otherwise provided for in these terms of use or applicable law. This agreement may not be otherwise amended except as authorized by the President of Foreclosurefeedback.com and expressly set forth in writing between Foreclosurefeedback.com and you.
This agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents without giving effect to California conflict of laws provisions or those of your actual state or country of residence. Both parties submit to jurisdiction in California and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in San Diego County, California.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside our control. Should any part of these terms of use be held invalid or unenforceable as written, that portion shall be reformed and/or construed consistent with applicable law as nearly as possible to reflect the original intentions of the contract and the remaining portions will remain in full force and effect.
If the contemplated purpose of any provision of this Agreement is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior agreements between us regarding that subject matter.
The services hereunder are offered by Foreclosurefeedback.com, a California Corporation located at 4901 Morena Blvd, Suite 207, San Diego, CA 92117. Foreclosurefeedback.com complies with all applicable laws. Pursuant to California Civil Code Section 1789.3 if you are a California resident you:
a) may have these terms and conditions e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information;
b) may obtain service pricing information on membership dues, fees, charges and rates by reviewing these terms of service, sending a letter to the foregoing address and a request for this information.
c) May contact the Division of Consumer Services of California Department of Consumer Affairs which maintains a complaint assistance unit which accepts correspondence directed to 1020 N. Street #501, Sacramento, CA 95814, or by telephone at 916-445-1254.
You and Foreclosurefeedback.com acknowledge that this terms of use agreement constitutes the entire agreement between us with regard to the subject matters addressed herein, that this Agreement supersedes all prior or contemporaneous agreements, discussions, or representations, whether oral or written, with respect to the services provided by Foreclosurefeedback.com, and that these terms of use cannot be varied, amended, changed, waived, or discharged except in writing and authorized by the President of Foreclosurefeedback.com.
You further acknowledge that no promises, representations, inducements, agreements, or warranties, other than those explicitly set forth in these terms of use, have been made to induce your acceptance of these terms of use nor have you agreed to these terms of use in reliance on any such promise, representation, inducement, or warranty.
