Discount Foreclosure Network, LP -
TERMS OF SERVICE
IMPORTANT - READ CAREFULLY BEFORE PROCEEDING
$1 for 30-Day Pass - Just $39.88 per month after 30-Day Pass. User may cancel at anytime
during 30-Day trial and not be charged an additional fees. The email address to send
questions or a cancellation notice is is [email protected]
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING THE "I
ACCEPT" BUTTON. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
CONTAINED IN THIS AGREEMENT, YOU ("Subscriber") ACKNOWLEDGE AND AGREE TO BE
BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE SERVICES
("Services") PROVIDED BY Discount Foreclosure Network, LP. ("Discount
Foreclosure Network, LP"). IF SUBSCRIBER IS NOT WILLING TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT, SUBSCRIBER SHOULD PROMPTLY EXIT FROM THIS
WEBSITE AND REFRAIN FROM USING ITS SERVICES. BY USING OR ACCESSING THE SERVICE
SUBSCRIBER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
IF SUBSCRIBER HAS NOT REACHED LEGAL AGE OF MAJORITY, OR IS OTHERWISE NOT
PERMITTED BY LAW TO BE A PARTY TO THIS AGREEMENT, SUBSCRIBER ACKNOWLEDGES THAT
Discount Foreclosure Network, LP IS PROVIDING THE SERVICE WITH THE IMPLICIT
UNDERSTANDING THAT SUBSCRIBER'S LEGAL GUARDIAN IS NOT OPPOSED TO SUBSCRIBER'S
USE OF THE SERVICE. Discount Foreclosure Network, LP RESERVES THE RIGHT TO
DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT OTHERWISE COMPLY WITH THE
TERMS AND CONDITIONS CONTAINED HEREIN. IN RESPONSE TO THE CHILDREN'S ONLINE
PRIVACY PROTECTION ACT ("COPPA") WE REQUIRE THAT SUBSCRIBER BE AT LEAST 13 YEARS
OLD TO USE Discount Foreclosure Network, LP'S SERVICES.
1. GRANT OF RIGHTS TO USE SERVICES.
Effective upon acceptance of this Agreement, Discount Foreclosure Network, LP
hereby grants to Subscriber a personal, nonexclusive, nontransferable, revocable
license to access and use the Services (as defined below), for Subscriber's
non-commercial use.
Subscriber shall have no right to sell, resell, reproduce, duplicate, copy,
distribute, create derivative works or exploit for commercial purposes, any
portion of the Services, access to the Services, or use of the Services nor make
any claim that it does have such right.
The services provided by Discount Foreclosure Network, LP hereunder may allow
Subscriber to perform various online messaging and communications functions
(collectively, the "Services"). Unless explicitly stated otherwise, any new
features provided by Discount Foreclosure Network, LP that augment or enhance
the current Services shall also constitute "Services" and shall be subject to
these terms and conditions.
Subscriber is solely responsible for obtaining all equipment and approvals
necessary for connection to the World Wide Web and all charges associated with
such connection, including but not limited to obtaining a PC and modem or other
access device, having access to the World Wide Web and phone service charges.
2. Discount Foreclosure Network, LP'S PROPRIETARY RIGHTS.
As between the parties, Discount Foreclosure Network, LP shall retain all right,
title and interest to the Services including all copyrights, trademarks, patents
and all other intellectual property rights thereto, including without limitation
with respect to all technology and telephone numbers used in connection with or
provided as part of the Services.
Subscriber may not, nor allow any third party to, copy, distribute, sell,
disclose, lend, transfer, convey, modify, decompile, disassemble or reverse
engineer the Services for any purpose whatsoever. Subscriber may not allow any
third party to access the Services for any purpose whatsoever.
The copyright notices and other proprietary legends shall not be removed from
the Services and no right to use any trademark is granted under this Agreement.
Subscriber may not grant any sublicense, lease or other right in the Services to
any third party. All rights not expressly granted under this Agreement are
retained by Discount Foreclosure Network, LP.
3. SUBSCRIBER REGISTRATION.
Subscriber agrees to provide true, accurate, current and complete data to
Discount Foreclosure Network, LP upon signing up for the Services and at
subsequent times as requested by Discount Foreclosure Network, LP.
If Subscriber provides data that is, or that Discount Foreclosure Network, LP
suspects to be, false, inaccurate, not current or incomplete, Discount
Foreclosure Network, LP has the right to suspend or terminate Services and
refuse any and all current or future use of all Services, or any portion
thereof.
Subscriber acknowledges that Discount Foreclosure Network, LP may distribute the
registration data to third parties.
Subscriber shall maintain and promptly update the registration data as
applicable, including, but not limited to,
Change in address
Change in credit card account status (e.g., closed account, maximum credit use)
Change in expiration date of credit card account
Subscriber is solely responsible for the maintaining the confidentiality of
Subscriber's password and PIN, and will be responsible for all transactions and
activities that occur as a result of Subscriber's disclosure of such password
and/or PIN, whether or not such transactions and/or activities were authorized
by Subscriber.
Subscriber shall not give account information to third parties and shall at all
times be responsible and liable for any transactions or activities that occur on
Subscriber's account.
Subscriber shall immediately notify Discount Foreclosure Network, LP if any
unauthorized use of Subscriber's account has occurred or of any other breach of
security.
Only 1 FREE Trial is allowed per person, per
family, per business. Please refer to the RE-SIGNUP section for the actions that
Discount Foreclosure Network, LP will take upon re-signup for a Free Trial.
4. TERMINATION AND REFUND.
SUBSCRIBER RIGHTS TO CHANGE OR END THIS AGREEMENT
Subscriber may terminate its rights to receive Services hereunder by providing
written notice to Discount Foreclosure Network, LP.
If Subscriber terminates its rights to receive Services hereunder in the manner
prescribed above, Subscriber will be billed through the end of the billing cycle
in which such rights are terminated.
Upon any termination of Subscriber's right to receive Services hereunder,
Subscriber shall immediately cease to use the Services and Discount Foreclosure
Network, LP shall have no further obligations whatsoever to Subscriber.
Any change in Service requested by Subscriber shall be at Discount Foreclosure
Network, LP's discretion and shall be subject to the provisions of this
Agreement.
Discount Foreclosure Network, LP will not charge a membership fee within the
first 30 days of the account creation. After 30 days, billing will commence. If
SUBSCRIBER cancels after the first 30 days of the account creation, SUBSCRIBER
will be billed through the end of the current billing cycle and no refund will
be issued.
Cancellations of accounts must be submitted in writing to Customer Support from
the email address that was used to create the account. The Customer Support
email address is conveniently located on each individual membership site.
Cancellations may also be sent to:
Discount Foreclosure Network, LP
Discount Foreclosure Network, LP RIGHTS TO RESTRICT OR END SERVICE OR THIS
AGREEMENT
To maintain or improve the Services, to prevent fraud, or for any other reason
determined by Discount Foreclosure Network, LP, Discount Foreclosure Network,
LP, at its sole discretion, may restrict, suspend, terminate or modify
Subscriber's service with or without notice. Without limiting the generality of
the foregoing, Discount Foreclosure Network, LP may restrict, suspend or
terminate Subscriber's Services with or without notice for reasons including,
without limitation, if Subscriber:
Incurs charges that cannot be billed
Exceeds any credit limit
Makes a false statement to Discount Foreclosure Network, LP
Interferes with Discount Foreclosure Network, LP customer service or other
business operations
Becomes insolvent or go bankrupt
Breaches any part of this Agreement
Discount Foreclosure Network, LP may also do so if:
Subscriber's credit information cannot be verified.
Discount Foreclosure Network, LP believes or suspects that Subscriber's account
is being misused or used by anyone for unlawful activity.
Discount Foreclosure Network, LP believes or suspects that the use of
Subscriber's account adversely affects or has the potential to affect service to
other customers.
Discount Foreclosure Network, LP believes or suspects that the use of
Subscriber's account adversely affects or has the potential to affects Discount
Foreclosure Network, LP's operations.
Upon any termination in accordance with the foregoing, Discount Foreclosure
Network, LP may immediately deactivate or delete Subscriber's account and all
related information and files in Subscriber's account, reassign any telephone
numbers associated with the account, and/or bar any further access to such
files, information, or the Services.
Discount Foreclosure Network, LP shall not be liable to Subscriber or any third
party for any reason for terminating this Agreement or access to Services or for
modifying this Agreement and/or the Services.
5. WARRANTY DISCLAIMER.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND
Discount Foreclosure Network, LP MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY
ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF.
Discount Foreclosure Network, LP MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE
SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF
PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES
SHALL BE BORNE SOLELY BY SUBSCRIBER.
Discount Foreclosure Network, LP MAKES NO WARRANTY THAT THE SERVICES WILL MEET
SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
Discount Foreclosure Network, LP IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION
LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE
INTERNET IN GENERAL.
Discount Foreclosure Network, LP DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY
GOODS OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE SERVICES
OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE.
Discount Foreclosure Network, LP DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF
THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION
DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES.
SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE
OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT SUBSCRIBER'S SOLE
RISK AND DISCRETION AND Discount Foreclosure Network, LP WILL NOT BE LIABLE OR
RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER'S PROPERTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM
Discount Foreclosure Network, LP, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES,
SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL Discount Foreclosure Network, LP BE LIABLE TO SUBSCRIBER OR
ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR
STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. Discount Foreclosure Network,
LP'S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT
EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY. The
limitation of liability reflects the allocation of risk between the parties. The
limitations specified in this Section will survive and apply even if any limited
remedy specified in this Agreement is found to have failed of its essential
purpose. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO
CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
7. INDEMNIFICATION.
Subscriber shall indemnify and hold harmless Discount Foreclosure Network, LP,
its directors, officers, employees and agents from and aGAinst all liabilities,
losses, costs, expenses (including reasonable attorneys' fees), and damages
resulting from any negligent acts, omissions or willful misconduct by
Subscriber, Subscriber's use of the Services and/or any breach of the terms and
conditions of this Agreement by Subscriber.
8. INTERNATIONAL USE
Discount Foreclosure Network, LP makes no representation that materials on its
web site(s) are appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are illeGAl is
prohibited. Subscriber agrees to comply with all applicable foreign and domestic
laws, rules and regulations reGArding the transmission of technical data
exported from or imported to the United States or the country in which
Subscriber resides.
9. MODIFICATION TO SERVICES.
During the term of this Agreement, Discount Foreclosure Network, LP may modify
or discontinue the Services at any time and with or without notice to
Subscriber.
Without limiting the generality of the foregoing, Discount Foreclosure Network,
LP may, from time to time, with or without notice and at its sole discretion,
establish or change various practices, limitations and restrictions for
administering such Services, including without limitation: (a) how often all or
a part of the Services or account may be accessed; (b) the duration of any
access; (c) the maximum number of days that messages or postings will be
retained; (d) the maximum number of messages or postings allowed; (e) the size
and nature messages and postings; (f) the maximum storage space available for an
account; and (g) any other matter related to the administration of the
Services;.
Subscriber agrees that Discount Foreclosure Network, LP shall not be responsible
or liable in any way for deactivation or deletion of accounts or for loss of
emails, audio clips, voice mails, uploads, communications, postings, data or
information as a result of, or arising out of, administration of the Services,
whether or not Subscriber is given prior notice thereof.
Discount Foreclosure Network, LP may delete accounts that are inactive for an
extended period of time.
Discount Foreclosure Network, LP shall not be liable to the Subscriber or any
third party for any reason for Discount Foreclosure Network, LP modifying or
terminating the Services, in whole or in part.
Subscriber is responsible for creating a back-up copy of any important or
critical information that is stored on the Services. Discount Foreclosure
Network, LP shall not be responsible or liable in any way for any information or
data loss in connection with the Services.
10. MODIFICATION TO AGREEMENT.
Discount Foreclosure Network, LP reserves the right to change the terms and
conditions of this Agreement, by posting a revised version of the Agreement at
Terms of Service or its successor site.
Use of the Services signifies Subscriber's agreement to all terms, conditions
and notices contained or referenced herein. Continued use of any part of the
Services following the posting of any changes to this Agreement constitutes
acceptance of those changes, and all changes shall thereupon become binding upon
the Subscriber.
If Subscriber does not agree to the changes, Subscriber shall immediately cease
all use of the Services.
11. RULES AND REGULATIONS
Subscriber shall be solely liable for any transmissions sent through the
Service. Discount Foreclosure Network, LP has no control over the content of any
transmission nor will it be liable for such content.
Subscriber shall not use the Services to create or distribute any images,
sounds, messages or other materials, which are obscene, harassing, racist,
malicious, fraudulent infringing or libelous, nor use the Services for any
activity that may be considered or are unethical, immoral, violative of any
third party's rights, or illeGAl.
Further, Subscriber will abide by all rules, regulations, procedures and
policies of Discount Foreclosure Network, LP and any policies of the networks
connected to the Services.
Subscriber agrees to abide by all applicable local, state, national, foreign and
international laws and regulations and is solely responsible for all acts or
omissions that occur under Subscriber's account or password, including the
content of Subscriber's transmissions through the Service. By way of example,
and not as a limitation, Subscriber agrees not to:
Use the Service in connection with chain letters, junk email, voice mail, faxes,
spamming or any duplicative or unsolicited messages (commercial or otherwise);
Harvest or otherwise collect information about others, including email
addresses, without their consent;
Create a false identity or forged email address or header, or otherwise attempt
to mislead others as to the identity of the sender or the origin of the message;
Transmit through the Service unlawful, harassing, libelous, abusive,
threatening, harmful, vulGAr, obscene or otherwise objectionable material of any
kind or nature;
Transmit any material that may infringe the intellectual property rights or
other rights of third parties, including trademark, copyright or right of
publicity;
Transmit any material that contains viruses, trojan horses, worms, time bombs,
cancelbots, or any other harmful or deleterious programs;
Violate any U.S. or foreign law reGArding the transmission of technical data or
software exported through the Service;
Interfere with or disrupt networks connected to the Service or violate the
regulations, policies or procedures of such networks;
Attempt to GAin unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining or any
other means;
Interfere with another member's use and enjoyment of the Service or another
entity's use and enjoyment of similar services.
Discount Foreclosure Network, LP is under no oblitxtion to monitor the
information or content available or transmitted through the Services. Subscriber
agrees that Discount Foreclosure Network, LP shall have the right, but not the
oblitxtion, at its sole discretion, to refuse or remove any content, in whole or
in part, that violates this Agreement or is otherwise objectionable. Subscriber
acknowledges and agrees that Discount Foreclosure Network, LP may preserve
content and may also disclose content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to:
Comply with leGAl process
Enforce this Agreement
Respond to claims that any Content violates the rights of third-parties
Protect the right, property, or personal safety of Discount Foreclosure Network,
LP, its users and the public.
Subscriber may provide information, including but not limited to feedback, data,
answers, questions, comments, suggestions, plans and ideas to Discount
Foreclosure Network, LP. Such information shall be deemed nonconfidential and
Discount Foreclosure Network, LP assumes no oblitxtion to protect such
information from disclosure. The submission of such information to Discount
Foreclosure Network, LP shall in no way prevent the purchase, manufacture, or
use of similar products, services, plans and ideas by Discount Foreclosure
Network, LP for any purpose whatever. Discount Foreclosure Network, LP shall be
free to reproduce, use, disclose and distribute such information to others
without restriction. Subscribers shall have no recourse aGAinst Discount
Foreclosure Network, LP for alleged infringement or misappropriation in
connection with any information or materials submitted to Discount Foreclosure
Network, LP hereunder.
12. ELECTRONIC TRANSACTIONS
Subscriber agrees that by entering into transactions with Discount Foreclosure
Network, LP, Subscriber affirms consent to receive all information, copies of
agreements and correspondence ("Documents") from Discount Foreclosure Network,
LP in an electronic format, and to also send information to Discount Foreclosure
Network, LP in an electronic format, either through Subscriber's account or via
email, at Discount Foreclosure Network, LP's discretion. Subscriber agrees to
treat any such electronic Documents received from Discount Foreclosure Network,
LP or sent to Discount Foreclosure Network, LP as being leGAlly equivalent to
any "written" information Subscriber would receive or send in print or by postal
mail. Subscriber's transactions with Discount Foreclosure Network, LP indicates
that Subscriber agrees to treat all electronic Documents received from or sent
to Discount Foreclosure Network, LP as having full leGAl enforceability and
leGAl effect. In any situation where Subscriber's signature may be required to
process a transaction, compliance with a commercially reasonable attribution
procedure agreed to or adopted by the parties or established by law for
authenticating a record shall authenticate the record. Without limiting the
foregoing, the parties agree that if Subscriber enters the username of
Subscriber's account, and enters the PIN number or password associated with the
account, such process shall constitute a leGAlly-binding signature by
Subscriber. Subscriber acknowledges and agrees that Discount Foreclosure
Network, LP will not be responsible for Subscriber's failure to receive any
electronic Documents, and in the event Subscriber is expecting to receive some
electronic Documents that in fact Subscriber does not receive, Subscriber will
notify Discount Foreclosure Network, LP immediately. Subscriber further
acknowledges and agrees that Subscriber's responsibilities or the methods by
which Discount Foreclosure Network, LP sends Subscriber electronic Documents may
be altered from time to time, at Discount Foreclosure Network, LP's discretion,
and Discount Foreclosure Network, LP will give Subscriber advance notice of such
changes.
Subscriber agrees that Subscriber will take all reasonable measures to protect
the security and confidentiality of all PINs, usernames and passwords issued
hereunder and will inform Discount Foreclosure Network, LP immediately if
Subscriber discovers that any of these items have been given out (intentionally
or accidentally) to other people.
Subscriber agrees that Subscriber will review Subscriber's transaction(s)
carefully prior to accepting them and that once Subscriber accepts any
transaction, it will be final, binding upon Subscriber and unchangeable in any
way.
13. BILL PAYMENT.
Subscriber shall be required to pay monthly subscription charges and enhanced
service charges in connection with the Services, as stated by Discount
Foreclosure Network, LP. There may be additional fees if Subscriber requests a
change in any Services. Depending upon the level of Services selected by
Subscriber, there may be charges for calls to or from certain locations,
including without limitation payphones, and areas within extended calling zones.
There may also be applicable taxes, surcharges, assessments, government fees and
charges for any special or enhanced services Subscriber uses. Any of the
foregoing may be billed to Subscriber when they reach a limit as Discount
Foreclosure Network, LP determines at its sole discretion.
Discount Foreclosure Network, LP bills subscription charges and charges for
certain enhanced Services in advance. Subscriber will pay Discount Foreclosure
Network, LP for all charges billed to Subscriber's account, whether or not
Subscriber was the user of the account. Subscriber has the right to dispute
charges on Subscriber's bill, but only if Subscriber notifies Discount
Foreclosure Network, LP of the dispute within thirty (30) days after the
applicable billing date. If Subscriber fails to notify Discount Foreclosure
Network, LP of any dispute within such thirty (30) day period, Subscriber shall
have irrevocably waive the right to dispute any such charge. Subscriber must pay
all charges on time until the dispute is resolved. If the dispute is resolved in
Subscriber's favor, Discount Foreclosure Network, LP will refund the disputed
amounts to Subscriber.
Discount Foreclosure Network, LP will charge Subscriber the rates in effect
under Subscriber's subscription plan. Subscriber's billing cycle starts on the
day the subscription purchase is successfully processed. If there is a change in
subscription plan, there may be a resulting change in Subscriber's billing date.
If Subscriber changes Subscriber's Services from a billed plan to a free plan,
Subscriber will be billed through the end of the billing cycle in which such a
change is made.
Subscriber agrees that all payments will be made to Discount Foreclosure
Network, LP via credit or debit card, issued by a US bank, including
MasterCard®, VISA®, American Express® or Discover®. Discount Foreclosure
Network, LP may change the credit cards accepted at any time, at its sole
discretion. Subscriber's name and address as it appears on Subscriber's Discount
Foreclosure Network, LP account must also be on the credit account from which
Payment is made. If Subscriber provides a credit card number that Discount
Foreclosure Network, LP accepts for payment of Subscriber's monthly bills,
Subscriber is authorizing Discount Foreclosure Network, LP to charge the amounts
Subscriber owes, then or later, to that credit card account and to demand
immediate payment from the card issuer. Subscriber also agrees to pay, under the
terms of Subscriber's agreement with the card's issuer, the amounts charged to
Subscriber's credit card. Every time Subscriber uses Discount Foreclosure
Network, LP Services, Subscriber re-affirms that Discount Foreclosure Network,
LP is authorized to charge Subscriber's card. Subscriber agrees to authorize
Discount Foreclosure Network, LP to charge purchases made online to the credit
card account supplied to Discount Foreclosure Network, LP when the subscription
was initiated, or the card that Discount Foreclosure Network, LP has on file
when the purchase is made. Subscriber agrees to pay all costs and expenses,
including without limitation attorney's fees, incurred by Discount Foreclosure
Network, LP to collect any monies due under terms of this Agreement.
14. AFFILIATE FEES
Discount Foreclosure Network, LP offers an "Affiliate Program" to reward those
who refer new clients to Discount Foreclosure Network, LP. Subscriber agrees
that Discount Foreclosure Network, LP reserves the right to determine through
its own means who, if anyone, gets "credit" for a new client. Subscriber agrees
that Discount Foreclosure Network, LP may change its Affiliate Program at any
time without warning or notification including but not limited to payment
method, payment schedule, payment "levels", payment calculations, reporting
methods. Subscriber agrees that Discount Foreclosure Network, LP may cancel the
affiliate program at any time without warning or notification. Discount
Foreclosure Network, LP may use any manual or automated methods it desires to
determine who a new member was referred by including but not limited to manual
entry, special links, date-limited "cookies", session "cookies", or special
pages. Subscriber agrees that reGArdless of the method chosen by Discount
Foreclosure Network, LP, it is likely that the actual number of referrals will
be higher than the credited number of referrals made due to various
inefficiencies in tracking technology and Subscriber further agrees to use
Discount Foreclosure Network, LP's count. Subscriber agrees that Subscriber will
keep Discount Foreclosure Network, LP informed of all postal address and e-mail
address changes for the Subscriber. Subscriber may appeal the amount of a
payment withint 30 days of a payment being sent and may request investitxtion
into a missing payment within 30 days of when Discount Foreclosure Network, LP
should have sent the payment under the current Affiliate program
rules.Subscriber agrees that if a Subscriber's membership is terminated for any
reason, Subscriber forfeits all rights to future affiliate payments.
30. THIRD PARTY ADVERTISER.
Subscribers may enter into transactions with advertisers on the Services.
Such transactions shall be between Subscriber and advertisers and Discount
Foreclosure Network, LP shall have no responsibility or liability in connection
with any such transaction or the information, goods or services provided by any
such advertiser.
16. RE-SIGN UP
If a subscriber signs up for a FREE Trial and then either cancels his/her account or has his/her account canceled due to a declined credit card or check draft and then the subscriber or his family member or business partner re-signs up for a Free Trial under a new username then the subscriber or his family member or business partner shall be charged a $99 re-activation fee. Also, Discount Foreclosure Network, LP shall immediately charge the designated monthly fee without giving the Free Trial.
17. GENERAL.
This Agreement, including any documents incorporated herein by reference, merges
all prior written and oral communications and defines the entire agreement of
the parties concerning the Services.
In the event any portion of this Agreement shall be held illeGAl, void, or
ineffective, the remaining portions hereof shall remain in full force and effect
and such illeGAl, void or ineffective provisions shall be construed, as nearly
as possible, to reflect the intentions of the parties.
All notices under this Agreement shall be in writing and delivered by email or
in writing.
This Agreement shall be construed in accordance with the laws of the State of
Georgia without reGArd to its conflict of law provisions. Each party submit to
the exclusive jurisdiction of the state and federal courts located in Georgia,
and irrevocably waive any right that such party may have to assert the such
forum is not convenient or that any such court lacks jurisdiction.
Subscriber agrees and acknowledges that any breach of the provisions reGArding
ownership contained in this Agreement shall cause Discount Foreclosure Network,
LP irreparable harm and Discount Foreclosure Network, LP may obtain injunctive
relief as well as seek all other remedies available to Discount Foreclosure
Network, LP in law and in equity.
Subscriber shall not transfer or assign this Agreement or Subscriber's rights
under this Agreement. Any purported transfer or assignment in violation of this
section is void. Subject to the foregoing, this Agreement shall be binding on
and inure to the benefit of the parties, their successors, permitted assigns and
leGAl representatives.
The failure of Discount Foreclosure Network, LP to exercise its rights under
this Agreement will not be construed as a waiver of such rights, nor will it in
any way affect the validity of this Agreement. The provisions of this Agreement
relating to intellectual property ownership, restrictions on use or disclosure
of the Services, disclaimers of warranties, limitations of liability and
indemnification shall survive termination or expiration of this Agreement for
any reason.
The U.N. Convention for the Sale of Goods shall not be applicable to this
license of the Services to Subscriber.
The section titles in this Agreement are for convenience only and have no leGAl
or contractual effect.
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