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TERMS AND CONDITIONS

  1. PRIVACY

FORECLOSURE SELECT™. TAKES YOUR PRIVACY SERIOUSLY. Please read the following to learn more about our privacy policy ("Privacy Policy"). This Privacy Policy applies to the use of the Sites (as defined below) by consumers and real estate professionals (real estate professionals including, without limitation, realtors, homebuilders, lenders, remodelers, home service professionals and other non-consumer service professionals), shall be referred to as "Professionals"; Professionals and consumers shall be individually and collectively referred to as "you" who are customers of FORECLOSURE SELECT™, and its subsidiaries, affiliates and marketing allies (collectively "we", "us" and "our"). We use the Sites to provide you with information, resources, tools, products and services specific to the real estate industry and related markets, and to provide you with information about us and our advertisers, and our respective products and services. We use information that we collect from you to improve your experience in using the Sites and our various products and services, to aid in communications among FORECLOSURE SELECT™, our advertisers and you, and to notify you of products, services and information that we think may be of interest to you. Please read on for more details concerning our privacy policy. We review this Privacy Policy on an annual basis and we welcome any suggestions you might have about additional ideas regarding our privacy policy at info@foreclosureselect.com Click here (http://www.ftc.gov/privacy/index.php) for information on Internet safety and security from the Federal Trade Commission.
The FORECLOSURE SELECT™ is committed to your privacy and security and want to provide you with the best possible online experience. To that end, we want you to understand what kinds of information we gather from you, how this information is used and safeguarded, and how you can control its use.

  1. MEMBER AND USER CONDUCT

User certifies to FORECLOSURE SELECT™ and/or its subsidiaries that they are licensed in the state in which are to provide those services that require a professional license.  Such licenses must be in good standing with that state and kept the same way through the duration of conducting services for FORECLOSURE SELECT™ and/or its subsidiaries. .  

  1. USE OF ACCOUNT AND PASSWORD

Upon successful registration you will receive a user name and password that you can use while your application is being processed.   This user name and password is temporally granted to you and may be revoked if your application is denied.  You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify FORECLOSURE SELECT™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FORECLOSURE SELECT™ cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

  1. COPYRIGHT AND TRADEMARK

FORECLOSURE SELECT™ logos are federally registered service marks owned by FORECLOSURE SELECT™.  These marks may be used, with certain restrictions by FORECLOSURE SELECT™ and eligible companies participating in FORECLOSURE SELECT™ programs under a license agreement.

FORECLOSURE SELECT™ owns a number of trademarks. Any use of these marks by others must be with the express written consent of FORECLOSURE SELECT™.

The web site contains original works of authorship. These works of authorship may not be copied, transmitted, displayed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the express prior written consent of FORECLOSURE SELECT™.  The Logo is a trademark registered and protected by copyright laws.

It is FORECLOSURE SELECT™ policy to take action against all unauthorized use of its marks.
NOTICE OF COPYRIGHT INFRINGEMENT

All text, graphics, and photographs appearing on the FORECLOSURE SELECT™ home page and subsequent web pages are copyrighted and/or trademarked by FORECLOSURE SELECT™. Redistribution or commercial use of this material is prohibited without the express written consent of the FORECLOSURE SELECT™.  While every effort has been made to ensure the accuracy of the information contained herein, this web site is provided on an "as is" basis with no warranties, either express or implied; see the Terms of Use for additional details.
The Digital Millennium Copyright Act (DMCA) requires that notification of claimed infringement be through written communication and contain the following information [17 U.S.C. 512(c) (3)]:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. Identification of the copyrighted work claimed to have been infringed.
3. The location of the material in sufficient detail that FORECLOSURE SELECT™ can locate it.
4. Contact information, such as address, phone number, and, if possible, e-mail address so FORECLOSURE SELECT™ can contact the individual issuing the complaint.
5. A statement that there is a good faith belief that the use of the copyrighted material addressed in the complaint has not been authorized by the copyright owner, its agent, or the law.
6. A statement that the information contained within the notification is accurate and that, under penalty of perjury, the complaining party is authorized to act on behalf of the copyright owner.
To report suspected electronic copyright infringement originating at FORECLOSURE SELECT™, please notify the designated agent
Send Your Notice To:

FORECLOSURE SELECT™
Intellectual Property
7777 Bonhomme Ave, Suite 904, Clayton, MO 63105
info@foreclosure.com email

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL FORECLOSURE SELECT™ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF THE SITE.

  1. PROPRIETARY RIGHTS

User acknowledges that FORECLOSURE SELECT™ contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws and international copyright.  User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. The Member/User understands and agrees that making alterations or changes is prohibited.   
User Member agrees to treat all information within this website as a proprietary of FORECLOSURE SELECT™.

  1. LINKS TO THIRD PARTIES

As a convenience to you, FORECLOSURE SELECT™ may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. FORECLOSURE SELECT™ makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that FORECLOSURE SELECT™ or this Site’s sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of FORECLOSURE SELECT™ or any of its affiliates or subsidiaries.

  1. CHANGES

FORECLOSURE SELECT™ reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Change in this Agreement will be effective when notice of such Change is posted. Your continued use of the Site after any changes FORECLOSURE SELECT™s to this Agreement are posted will be considered acceptance of those changes.  
FORECLOSURE SELECT™ may terminate, change, suspend or discontinue any aspect of the FORECLOSURE SELECT™ Site, including the availability of any features of the Site, at any time. FORECLOSURE SELECT™ may also impose limits on certain features and services or restrict your access to parts of, or the entire Site without notice or liability. FORECLOSURE SELECT™ may terminate the authorization, rights and license given above, and upon such termination, you shall immediately destroy all Materials.

  1. SEVERABILITY

These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless FORECLOSURE SELECT™, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.

  1. ASSIGNMENT

FORECLOSURE SELECT™ may assign this agreement in partial or by entirety without notice or consent of the customer.    The user may not assign this agreement without the consent of FORECLOSURE SELECT™

  1. ARBRITATION & GOVERNING LAW

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Missouri applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in St Louis, Missouri, and judgment on the arbitration award may be entered into in any state or federal court in Missouri having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Missouri having jurisdiction thereof. Except as set forth above, the state and federal courts of Missouri shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Missouri with respect to all such disputes.

  1. LIMITATION OF LICENSE

FORECLOSURE SELECT™ grants customer a non-exclusive, non-transferable and revocable limited license to use and access the site.  FORECLOSURE SELECT™ may terminate the customer license at anytime without consent or notice.   User must abide by all local, state, national and foreign law when performing services, downloading or transmitting information from the site. 

  1. DISCLAIMER

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. FORECLOSURE SELECT™ DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGHOUT THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. FORECLOSURE SELECT™ RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. FORECLOSURE SELECT™ MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

  1. TERMINATION OF SUBSCRIPTION

These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by FORECLOSURE SELECT™. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

  1. VIOLATIONS OF TERMS AND CONDITION

Should you violate these Terms and Conditions or any other rights of FORECLOSURE SELECT™ and the FORECLOSURE SELECT™ Network, FORECLOSURE SELECT™ reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the FORECLOSURE SELECT™ web sites.

  1. MISCELLANEOUS 

FORECLOSURE SELECT™ may modify the Terms and Conditions at any time and without notice by simply uploading the modified Terms and Conditions on this web site.  By accepting the terms and conditions no partnership is created between the Member/User and Corporate Asset Management.   You may not assign, transfer, or sell any rights we have granted you to anyone.  Your acceptance of this agreement constitutes that you have read and understood the terms and conditions of this web site and agree to abide to them.  

  1. REFUND POLICY

FORECLOSURE SELECT™ from time to time may allow free trial periods of their services at which time credit card charges will not be incurred.  Date and times of these free trials will be posted on the website, and/or customers will receive advance notices.    If a free trial of services is offered  and the customer decides to keep using the service following 1 (one) calendar day of the expiration  of free trial the credit card will be charge the amount specified on the free  trial at which time no refund will be issued after that.   If the service is a monthly subscription type, the services will be billed on a monthly basis using Automatic Recurring Billing (ARB).  The user’s credit card will be charged on the anniversary month following the original registration date and will continue ARB unless the user cancels its subscription one (1) day prior to the billing cycle.  If the service is a yearly subscription type, there will be no refunds following the registration.  All customers are required to maintain all charges current and agree to submit any/all changes necessary such as changes of credit cards and new expiration dates.  Failure to maintain charges current or good account records may cause suspension of account services without notice.

Any billing questions please email us at billing@foreclosureselect.com 

TERMS OF USE | PRIVACY NOTICE | COPYRIGHT NOTICE
© 2006 Foreclosure Select. All rights reserved.