Grant of License to Member
Member represents, warrants, affirms and agrees that the data, information and services provided by ePreForeclosures.com 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 ePreForeclosures.com to Member in any medium, form, manner or format whatsoever, for any purpose.
Terms of Membership
The term of Member's membership is one month, but automatically renews month-to-month unless terminated by Member or ePreForeclosures.com.
Termination/Cancellation of Service
The Member may terminate/cancel the Member's subscriptions at any time. All fees paid to ePreForeclosures.com for the current billing cycle/term shall remain due and payable. Once the Paypal subscription is cancelled, no further payments will be due to or sent to ePreforeclosures.com. There are NO REFUNDS for unused time or if Member chooses not to access the site. ePreforeclosures.com does not bill Member's credit card or bank account, all payments are received from the Member sending ePreforeclosures.com payment via Member's PAYPAL subscription.
When a Member instructs PAYPAL to send payments for the subscription to ePreforeclosures.com, it will be done on a recurring basis and therefore PAYPAL will continue to do so until the Member logs into PAYPAL and cancels the subscription or the Member's funding source is no longer valid. Upon the renewal date of the subscription, if the Members funding source has become invalid or is removed and payment is not sent to ePreforeclosures, ePreforeclosures.com reserves the right to temporarily suspend members access to content within ePreforeclosures.com until payment has been received. Once payment is received, access will be reactivated. Any lost time due to the suspension will not be credited to members account. ePreforeclosures.com has no access to Member's PAYPAL account information or their financial information and therefore will never bill a Member's credit card or bank account!.
How to terminate/cancel a Members PAYPAL subscription contract created using the PAYPAL subscription services:
Members may terminate/cancel a subscription contract at any time in one of two ways:
1. Members only need to log into their PAYPAL account and terminate their PAYPAL subscription to ePreforeclosures.com. This process is free of charge and is immediate. See Paypal instructions for cancelling a subscription for details. Please read above paragraph concerning the NO REFUND policy.
2. For a $10.00 processing fee, Members may also email ePreforeclosures.com at support@ePreforeclosures.com to terminate the subscription service. Please allow (5) business days for processing.
Once the Members PAYPAL subscription has been terminated, Paypal will no longer send payment to ePreforeclosures.com and will notify ePreforeclosures.com that the member has terminated their subscription. Membership and access to ePreforeclosures.com will continue for the remainder of the current paid term. Explicit instructions to terminate the PAYPAL subscription are also included in the Members joining confirmation email.
If a membership has not been set up as a subscription via PAYPAL, the contract will automatically terminate once the prepaid term expires. Again, ePreforeclosures.com does not take credit card or banking information and therefore will never bill a Member's credit card or bank account!.
Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Member's Membership.
ePreForeclosures.com may from time to time offer eligible Members promotional opportunities. Not all Members may be eligible to receive all promotional opportunities.
Other Service Providers
From time to time ePreForeclosures.com may include on its websites third-party Service Providers such as a moving or a mortgage service provider. ePreForeclosures.com posts these services on its websites as a service to its Members. ePreForeclosures.com 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 ePreForeclosures.com 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.
ePreForeclosures.com is not responsible or liable for any acts or omissions created or performed by these other Service Providers. ePreForeclosures.com's websites may contain links to websites maintained by third-party Service Providers. Such links are provided for Member convenience and reference only. ePreForeclosures.com does not operate or control, in any respect, any information, software, products or services available on such websites. ePreForeclosures.com'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.
PAYMENT OF CHARGES
ePreForeclosures.com currently charges a monthly membership fee of $125.00 per month. The monthly membership fee is calculated from the day of the month that the Member's paid membership commences. The Member authorizes ePreForeclosures.com to, and the Member agrees that ePreForeclosures.com may, modify and/or change the monthly membership fee charged to the Member upon thirty (30) days notice to the Member sent by e-mail. The monthly membership fee is non-refundable and accrues until canceled whether or not the Member accesses the site content.
DISCLAIMERS AND LIMITATIONS
ePreForeclosures.com attempts to ensure that the information contained in its websites is accurate and reliable; however, errors and omissions sometimes occur. In addition, ePreForeclosures.com 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." ePREFORECLOSURES.COM, ITS SUPPLIERS, PARTICIPATING LENDERS, PROFESSIONAL SERVICE 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 ePREFORECLOSURES.COM'S SERVICES, THE MEMBER AGREES AND ACKNOWLEDGES THAT THE MEMBER'S USE OF ALL ePREFORECLOSURES.COM INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH ePREFORECLOSURES.COM AND/OR ITS WEBSITES IS AT THE MEMBER'S OWN RISK. ePREFORECLOSURES.COM 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 ePREFORECLOSURES.COM'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.
As a condition of use of ePreForeclosures.com websites, the Member agrees to indemnify ePreForeclosures.com 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 ePreForeclosures.com's services, including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of this Agreement by the Member.
The Member agrees that any claim or controversy, arising out of or relating to the use of ePreForeclosures.com's services, to the goods or services provided by ePreForeclosures.com, or to any acts or omissions for which the Member may contend ePreForeclosures.com is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Wake County, North Carolina. 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 ePreForeclosures.com. In any arbitration, ePreForeclosures.com 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 Wake County, North Carolina. Member and ePreForeclosures.com 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 ePREFORECLOSURES.COM WILL BE RESOLVED BY BINDING ARBITRATION IN WAKE COUNTY, NORTH CAROLINA. 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 ePREFORECLOSURES.COM 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 WAKE COUNTY, NORTH CAROLINA.