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Agreement of Terms of Use
THIS AGREEMENT OF TERMS OF USE (this "Agreement") is made as of this day, by and between Foreclosure Dump, Inc., a Florida corporation ("Foreclosure Dump"), and you. This Agreement sets forth the terms and conditions that apply to your access and use of the Internet websites owned and operated by Foreclosure Dump and its affiliates, including, but not limited to the website located at the URL www.foreclosuredump.com ("www.foreclosuredump.com"). If you do not agree with the terms and conditions of this Agreement, please do not access or use www.foreclosuredump.com.
Your Right to Access and Use ForeclosureDump.com
Your right to access and use www.foreclosuredump.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.foreclosuredump.com for lawful purposes and pursuant to the terms and conditions of this Agreement. Your access and use of www.foreclosuredump.com may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Foreclosure Dump's equipment, periodic updating, maintenance or repair activities that Foreclosure Dump may undertake from time to time, or other actions that Foreclosure Dump, in its sole discretion, may elect to take. Foreclosure Dump reserves the right to suspend or discontinue the availability of www.foreclosuredump.com and/or any of its postings and/or features for access and use at any time in its sole discretion and without prior notice to you.
Your Registration with www.foreclosureDump.com
Features of www.foreclosuredump.com are accessible only to registered users. The right to register with www.foreclosuredump.com and to be issued a username or password by Foreclosure Dump is available only to those individuals who provide to Foreclosure Dump the requested accurate, complete and current personal information. You must inform Foreclosure Dump of any changes to or updates of any personal information that you provide to Foreclosure Dump, by editing the profile section on the website. Foreclosure Dump reserves the right to deny or revoke issuance of any username or password at any time and without prior notice.
Your Compliance with this Agreement
By accessing and using www.foreclosuredump.com (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which Foreclosure Dump, in its sole discretion, may make in the future. In order to determine your compliance with this Agreement, Foreclosure Dump may monitor your access and use of www.foreclosuredump.com in accordance with Foreclosure Dump's Privacy Policy for www.foreclosuredump.com located at the URL http://www.foreclosuredump.com/privacy.
Any action by you that, in Foreclosure Dump's sole discretion, violates the terms and conditions of this Agreement, or restricts, inhibits or prevents any third party from accessing, using or enjoying www.foreclosuredump.com, or through the use of www.foreclosuredump.com, defames, abuses, harasses, offends or threatens any other user or third party, shall not be permitted, and may result in your loss of the right to access and use of www.foreclosuredump.com. You shall not provide links to or frame www.foreclosuredump.com without the prior express written permission of Foreclosure Dump.
Your Compliance with Fair Housing Regulations
When you access and use www.foreclosuredump.com, you agree to abide by applicable federal and state housing regulations with regard to your access and use of www.foreclosuredump.com. You agree that by or through your access and use of www.foreclosuredump.com, you shall not discriminate in the sale or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin. For example, you may not make a property's availability to certain persons based on race, color, religion, sex, disability, familial status or national origin. Foreclosure Dump reserves the right to refuse to post, or to edit, information submitted by you that discriminates on the basis of race, color, religion, sex, disability, familial status or national origin.
Pursuant to Foreclosure Dump's Privacy Policy for www.foreclosuredump.com located at the URL http://www.foreclosuredump.com/privacy, Foreclosure Dump may report you to the U.S Department of Housing and Urban Development or other appropriate authorities if you submit or post, or attempt to submit or post, information that that discriminates in the sale or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin.
Your Transmissions, Submissions and Postings
If you transmit, submit or post information to www.foreclosuredump.com (including, without limitation, your name, contact phone number, property location, style, features, selling price and description, and any pictures of your property), you automatically grant Foreclosure Dump the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
Foreclosure Dump may, in its sole discretion, edit, refuse to post or remove any information you transmit, submit or post to www.foreclosuredump.com.
You shall not transmit, submit or post information to www.foreclosuredump.com that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Pursuant to Foreclosure Dump's Privacy Policy for www.foreclosuredump.com located at the URL http://www.foreclosuredump.com/privacy, Foreclosure Dump may monitor any transmissions, submissions or postings by you to determine, in its sole discretion, your compliance with this Agreement.
You shall not submit any sexually oriented pictures, vulgar words, sexual videos, sexual photos or videos of children or the such. Foreclosure Dump will monitor all submissions and report any offensive activity to the proper authorities for further prosecution.
Foreclosure Dump's Intellectual Property Rights
The names "Foreclosure Dump" and "foreclosuredump.com" and the Foreclosure Dump and foreclosuredump.com logos and graphics are trademarks of Foreclosure Dump, and may not be used by you without the prior express written permission of Foreclosure Dump, which permission may be withheld in Foreclosure Dump's sole discretion.
The proprietary information, data and content viewable on, contained in, or downloadable from, www.foreclosuredump.com (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images and line art, are copyrighted by, or otherwise licensed to, Foreclosure Dump. If you provide Foreclosure Dump with, or Foreclosure Dump obtains or otherwise provides, information on your property, including, without limitation, your name, contact phone number, property location, style, features, selling price and description, and any pictures and virtual tours of your property, you automatically grant Foreclosure Dump the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
Foreclosure Dump also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights to the Content.
You shall be solely responsible for any damage resulting from your infringement of Foreclosure Dump's intellectual property rights regarding the "Foreclosure Dump" and "foreclosuredump.com" names, the Foreclosure Dump and foreclosuredump.com logos and graphics, and/or the Content, and/or any other harm incurred by Foreclosure Dump as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
Without the prior written consent of Foreclosure Dump, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content. You may not modify the Content or utilize it for any commercial purpose or any other public display, performance, sale or rental. You may not decompile, reverse engineer or disassemble the Content in any way. You may not use the Content to contact or otherwise solicit property buyers or sellers in any way, except to contact the seller of a property with regard to purchasing that property.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of Foreclosure Dump, which permission may be withheld in Foreclosure Dump's sole discretion.
Access and Interference
This website contains robot exclusion headers. Much of the information on this website is updated on a real time basis and is proprietary or is licensed to Foreclosure Dump by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from this website without the prior expressed written permission of Foreclosure Dump and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of this website or any activities conducted on this website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to this website.
Foreclosure Dump Makes No Representations or Warranties Regarding Content
The Content is being provided to you on an "as-is" basis. Foreclosure Dump does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, completeness or correctness of the Content, nor the safety, title, reliability, conformity or merchantability fitness for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, completeness or correctness of the Content on www.foreclosuredump.com.
Foreclosure Dump makes no representation, warranty or guarantee that the Content that may be available for downloading from www.foreclosuredump.com is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Advertising
ForeclosureDump.com may allow advertisement on any of the pages of the website. You understand and agree that the service we provide may include advertisements, and that these may be necessary to support the services. To help make the advertisements relevant and useful to you, ForeclosureDump.com may serve advertisements based on the information we collect from you or in relation to your interaction on our site.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.foreclosuredump.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.foreclosuredump.com.
Third Party Links
There may be provided on www.foreclosuredump.com links to other websites belonging to Foreclosure Dump's advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by Foreclosure Dump of those websites, nor the products or services listed on those websites. Foreclosure Dump is not responsible for the activities or policies of those websites.
Limitations on Foreclosure Dump's Liability
Foreclosure Dump shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of www.foreclosuredump.com; (iii) your inability to access or use www.foreclosuredump.com for any reason; (iv) your downloading of any of the Content for your use; or (v) your reliance upon or use of the Content.
Your Indemnification of ForeclosureDump.com
You shall defend, indemnify and hold harmless Foreclosure Dump and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personal information requested pursuant to registration or the posting of your property; (iii) your access or use of www.foreclosuredump.com; and/or (iv) access or use of www.foreclosuredump.com under any username or password that may be issued to you.
Real Estate Licenses
ForeclosureDump.com is not a real estate broker. ForeclosureDump.com does not act as a real estate agent for you or any other user. ForeclosureDump.com is not involved in any transactions, does not represent neither buyers or sellers, and does not receive real estate commissions.
Third Party Rights Under this Agreement
This Agreement is for the benefit of Foreclosure Dump and its affiliates, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on behalf of Foreclosure Dump.
Amendments of this Agreement
Foreclosure Dump reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement, and the posting of the same in this Agreement on www.foreclosuredump.com.
You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of www.foreclosuredump.com following the posting of any such changes shall automatically be deemed your acceptance of the same.
ForeclosureDump.com's Remedies
You acknowledge that Foreclosure Dump may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Foreclosure Dump shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Miami-Dade County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting Foreclosure Dump at optout@foreclosuredump.com or cancel your account by logging in to your account manager and clicking on cancel my account. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use www.foreclosuredump.com.
Foreclosure Dump may terminate this Agreement or any usernames or passwords that may be issued to you, at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you.
Governing Law; Jurisdiction and Venue
This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Miami-Dade County, Florida. The arbitrator shall be selected by you and Foreclosure Dump, and if you and Foreclosure Dump are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Foreclosure Dump and your and Foreclosure Dump's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Foreclosure Dump be entitled to punitive damages and both you and Foreclosure Dump hereby waive your and Foreclosure Dump's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Refund Policy
Since foreclosuredump.com is offering non-tangible irrevocable advertising we do not issue refunds once the order is completed. As a customer you are responsible for understanding this upon advertising on our site.
However, we realize that exceptional circumstance can take place with regard to the character of the advertising we supply.
1. Therefore, we DO honor requests for the refund on the following reasons:
I) Non-delivery of the advertisement: due to unforeseen circumstances you do not see your property on the website within 24 hours of submission.
II) FRAUDULENT ACTIVITIES
III) Irreplaceable defects or difficulties with the product editing: although all the products are thoroughly tested before release, unexpected errors may occur. This reason should be submitted to our Support Team for verification of an issue;
IV) all refunds request will be based on a case by case basis in agreement of all parties concerned.
2. Contact us
Please, mind that our Support Team is ready to provide you with timely and efficient professional assistance. Rest assure that we will find the best convenient solution for your query. Please feel free to contact us through one of the following means:
I) E-mail: refunds@foreclosuredump.com
II) Call us at: 1-800-960-2555, we will answer any questions you may have but you will need to request a refund in writing. Please submit all requests to refunds@foreclosuredump.com.
Please allow 12-24 hours for our Support Team to get back to you on a problem.
Requests for a refund are accepted at refunds@foreclosuredump.com within the period of 1 week after the request is placed. You should accompany this request with detailed and grounded reasons why you apply for a refund. Please, make sure your request does not contradict our Terms of Service. Please make sure that you have carefully read Terms of Service section.
The refund is issued to you after we receive a Waiver of Copyright signed by you. A copy of the document is sent to you at once after review of your refund request. Please, acknowledge that by mutual consent exchange can be done to avoid a Refund.
Soliciting to Sellers
Seller expressly requests not to be contacted by any real estate agent. The phone number and any personal contact information are provided only for purposes of obtaining information for the possible purchase of seller's property directly from seller. Posting property on this website shall in no way be construed as:
1.A revocation of seller's legal rights to be included on any local, statewide or national "Do Not Call" registry;
2.An invitation to solicit business from any individual or company directly affiliated with Foreclosure Dump, or
3.Permission from seller for any third party to disclose or disseminate the seller's contact and personal information.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Foreclosure Dump from time to time, shall survive your acceptance of this Agreement.
This Agreement represents the entire understanding and agreement between you and Foreclosure Dump regarding the subject matter of this Agreement, and supersedes all other previous agreements, understandings and/or representations regarding the same.
ncel; your account and not be charged the service fee after the free period, you must submit in writing a letter by regular mail canceling your subscription within 3 days prior to the end of the the free trial period. This means your request must be in the hands of the directors prior to the end of the free trial period, other wise you will be charged. Please send all requests to Foreclosure Dump, Inc. 2170 Bay Dr #18, Miami Beach, Fl. 33141. Once we receive your request we will process within 48 hours.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Foreclosure Dump from time to time, shall survive your acceptance of this Agreement.
This Agreement represents the entire understanding and agreement between you and Foreclosure Dump regarding the subject matter of this Agreement, and supersedes all other previous agreements, understandings and/or representations regarding the same. |