Legal Disclaimer and Agreement
DailyForeclosureResource.com (the "Site") is a service owned and operated by DailyForeclosureResource.com, Inc., ("DFR"). By accessing the Site or by utilizing any of the services or features appearing on the Site, including but not limited to placing or viewing a listing, corresponding via e-mail, and posting on or reading bulletin boards, you hereby accept and agree to be bound by the following terms and conditions (the "Agreement"):
1. The use of the information, products and services should be based on your own due diligence and you agree that the company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of the information, products and services. You understand that access to and use of the Site, including the services and features therein, are at your own risk. If you are dissatisfied with any of the Site's content or Terms of Use, your sole remedy is to discontinue access to and use of the Site.
DFR does not warrant or make any representations of any kind or nature with respect to the information contained in the Site, and you are solely responsible for compliance with any applicable real estate laws or other applicable state or federal regulations. The information provided on this Site is for preliminary informational purposes only and is not intended as a substitute for advice from your attorney, accountant, realtor or any other professional advisor. Information and law which may be contained at this web site is for general informational purposes only, and may, or may not, reflect the most current legal developments. You are urged to consult an experienced lawyer, financial advisor, or real estate professional concerning your particular factual situation and any specific questions you may have. DFR also urges you to seek legal counsel before entering into any lease, purchase, or real estate agreement. It is your responsibility to independently verify any statement made within any listing and to consult with engineering, architectural or other professionals as may be appropriate to determine the condition and suitability of any particular property for the purpose for which you intend to use it.
You also understand that the information provided on the Site is derived from DFR's own searches of public records and information, but that in providing this information it is not, and does not purport to be, a real estate agent, broker, title Company, insurer, appraiser or any other licensed or registered professional. The information provided through the Site, including information on the title condition of the real estate and or the approximate value of the real estate is intended to assist you in determining whether, as a matter of initial analysis, you are interested in learning more about the real estate. However, before you actually invest in the real estate, you are encouraged to contact your title company to obtain title insurance which would protect you in the event of a mistake and to obtain an appraisal which would protect you in the event of a mistake. The information provided by the service is not intended to be relied upon for your final investment decision. DFR does not guarantee the accuracy of the listings or other information appearing on the Site, and such information is subject to errors, omissions, changes in price, prior sales, rentals, and withdrawals without notice. Furthermore, any listing appearing on the Site is for preliminary informational purposes only and does not constitute an offer to sell or lease.
DFR DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF, OR OTHERWISE ENDORSE, THE INFORMATION IN THE DATABASE. THE DATABASE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DFR shall not be responsible for any loss or damage to you or any third parties caused by your use of Database. YOU AGREE THAT NEITHER DFR NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, AGENTS, CO-BRANDERS, WEG DESIGNER(S), INTERNET HOSTING SERVICE, PARTNERS, ATTORNEYS, AND OR EMPLOYEES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR SIMILAR DAMAGES), EVEN IF DFR IS NEGLIGENT OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, PARTNERS, ATTORNEYS, AND OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify, defend, release and hold harmless DFR, its affiliates, officers, directors, employees, attorneys, consultants and agents from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from this Agreement, any claim of infringement or violation of any third party's rights, and any claim that the Database violates any state, federal or local laws, regulations or statues.
2. You further understand that all your listing information, including, but not limited to, company name, address, contact information (including telephone and fax numbers, e-mail and web addresses, etc.), but excluding login username and password, credit card and certain other information, are all available for public viewing. In addition, we may actively promote and encourage the public to come to view those listings. Therefore, you may be contacted by various parties and you may also be contacted by DFR, its affiliates, and/or strategic partners for various reasons. By posting a listing on the Site, you are giving your permission and agreeing to be contacted by us, the affiliates, the strategic partners, and anyone else who may publicly view your listing. You may delete your listing by using your login information and following the online instructions.
3. Certain portions of this web site may detail samples of successful transactions using the tools provided with this service. The results presented on this Site in no way are to be construed as a guarantee, warranty, or prediction regarding the outcome of your endeavors and you accept the risk that the earnings and income statements differ by individual. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire.
4. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
5. In a dispute arising out of or related to this Agreement, DFR shall have the right to collect from you its reasonable attorney fees and costs and necessary expenditures.
6. Links to information on sites other than those operated by, or on behalf of DFR is for your convenience only and is not an endorsement or recommendation of those sites. Neither DFR nor its owners, partners or affiliates shall be responsible for content appearing on third party sites which are linked to the Site. Nor shall DFR have any responsibility for any incentives (regardless of form) that may be offered by anyone other than DFR in connection with any particular listing. You agree to look solely to the third party offering such incentive to fulfill its agreement with you and you hereby hold harmless and release DFR from any liability whatsoever in connection with any third-party incentive offer.
7. Nothing contained in this Agreement shall be deemed to constitute making either party a partner, joint venturer or employee of the other party for any purpose.
8. Other than credit card information which will be processed via secure server software, all other communication transmitted between you and the Site or DFR, including all email, bulletin board postings or chat, is not confidential. DFR reserves the right to disclose such information as required by law and to edit, refuse to post or delete any message, listing or any other content that the Site receives that DFR, in its sole discretion, deems objectionable.
9. As a condition of your use of the Site, you agree that you will not (a) restrict or attempt to restrict others from using the services or features appearing on the Site, in whole or in part, or (b) post or transmit any of the following to or through the Site: (i) pornographic, sexually explicit photographs or language, including expletives and other obscenities or otherwise unlawful or offensive material; (ii) information which violates the rights of others; (iii) information, software or other digital communication which contains a virus or other damaging or disruptive component; or (iv) reverse engineer, decompile or disassemble Database or any portion of it or otherwise create, or attempt to create, any derivative works based on the Database, in whole or in part.
10. This Agreement shall be governed by Colorado law. You agree that jurisdiction and venue of all matters relating to this Agreement will be vested exclusively in the federal, state and local courts within the County of Denver, State of Colorado, without regard to choice of law provisions.
11. DFR may revise the terms and conditions of this Agreement at any time, and you shall be bound by such revisions. Therefore, DFR urges you to review this Agreement regularly for any changes. You agree to indemnify, defend and hold harmless DFR, its owners, partners, sponsors and affiliates against any and all claims, damages, costs or other expenses arising out of your violation of any of the terms and conditions herein.
12. DailyForeclosureResource.com and the DailyForeclosureResource.com logo are trademarks of DFR. DFR owns all rights in and to the Site, including all of the information therein, or has obtained the proper licenses to use certain material. Except for the limited, personal, non-commercial, revocable right to view the copyrighted and trademarked content appearing on the Site, no expressed or implied license is otherwise granted to you in connection with use of the Site. Any unauthorized use of the Site or a copy thereof, in whole or in part, is prohibited. You are solely responsible for complying with all applicable U.S. and international intellectual property laws in connection with the Site and its content.
13. This Agreement is effective until terminated by DFR, which termination may occur at any time without notice if DFR believes in its full discretion that you have violated any of the terms herein. Upon termination of this Agreement, you hereby agree to destroy immediately all information, including all copies, which have been obtained from the Site, and you acknowledge and agree that you will no longer be authorized to access the Site or any of the services or features therein upon such termination.
14. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties which may include, but is not limited to, a separate Agreement required upon becoming a subscribing member.
