Terms Of Use

Acceptance of Terms

By registering with or otherwise using the www.datasnapforeclosures.com website or any current and future services, products, information, applications, APIs and/or data provided by DataSnap Foreclosures, LLC. ("DataSnap Foreclosures") on the Site(s) (collectively, "Services"), you (in your capacity as a natural person or the entity on whose behalf you are acting) agree to be bound by the terms of this User Agreement ("Agreement"). Please read this Agreement carefully. This Agreement is a legal contract between you and DataSnap Foreclosures and governs your access to, and use of, the Site(s) and Services. If you do not agree with all of the terms of this Agreement, do not register or otherwise use these Site and/or Services. DataSnap Foreclosures reserves the right to make changes to any of the Site and/or Services (and any combination thereof), or the terms of this Agreement at any time, at its sole discretion. Any changes to this Agreement will be dated and posted on the Site or otherwise made available to you. Your continued use of the Site and Services after such changes have been posted or been made available shall constitute your acceptance of the then-current Agreement, even if you have not reviewed the changes.

No Personal Advice

This Site and the Materials, and Third-Party Content (all as defined below) contained on this Site are available only for the purpose of providing general information on properties in every phrase of the foreclosure process and other real-estate related issues. You should not rely on these Site and the information and resources contained on this Site as a replacement or substitute for any professional, financial, legal or other advice or counsel. DataSnap Foreclosures makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through this Site. In no way will DataSnap Foreclosures be responsible for any actions taken or not taken based on the information or resources provided on this Site.

If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Site, however provided.

Allowed Use of Services and Materials

Certain information and features, including text, content, advertising, logos, graphics, images and any other materials that are not Submissions by users (as defined below) (together, the "Materials") are provided to you by DataSnap Foreclosures and are the copyrighted and/or trademarked work of DataSnap Foreclosures or DataSnap Foreclosures’ licensors

DataSnap Foreclosures grants you a limited, individual or team, non-exclusive, non-transferable and completely revocable license to use the Services and Materials subject to the following conditions:

Services which require registration must be used solely by the non-consumer institutional end user named during the registration process for Individual or Team Subscription use, and you shall not permit any other party or entity, for any reason, to use said Services on your behalf

Services and Materials are provided for your informational purposes only, and shall not be copied, transferred, merged, sold, transmitted, e-mailed, conveyed, assigned, sublicensed, extracted, reproduced, published, distributed, disseminated, reposted, displayed, reformatted, or combined for any purpose in any medium, form or manner, for use by a third party or any commercial purpose, except as expressly stated in this Agreement.

The Site and Services may not be scraped, mined or otherwise accessed by equipment, software or other means which facilitate anything other than direct, individual, in person, non-automated use by you.

Services and Materials may not be used for any unlawful purpose.

You agree to cooperate and comply with all investigations of abuse, complaints, third party infringement or any other unauthorized use of the Services and/or Materials.

Unless otherwise authorized by DataSnap Foreclosures in writing, you may not export more than a total of 1,000 records per month.

You have no right to copy, modify, adapt any APIs provided by DataSnap Foreclosures or any code that comprises the Site' software HTML, JavaScript, or to reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the Site or provide the Services, nor to insert any code or product to manipulate the content on the Site in any way that affects any user's experience.

Additional “Premium Membership” Terms

By registering for or otherwise subscribing to the "Premium Membership" service you agree to be bound by the following additional terms:

All payments will be made on time via our reoccurring credit card service and any such interruption will result in the termination of the SOAP protocol data feed until such payment is made in full.

You agree to clearly display the "Provided by DataSnap Foreclosures" notice and DataSnap Foreclosures logo and provide a link to http://datasnapforeclosures.com in and on any custom offerings provided to you by DataSnap Foreclosures to identify DataSnap Foreclosures as the provider of the Premium Membership service and data provided through the Premium Membership Service unless explicit written permission is provided by DataSnap Foreclosures.

Subscription Terms

For any Service that requires registration, you additionally agree to the following terms:

Free Trial period — Certain Services may be offered on a free trial basis. You may cancel your subscription for any reason during the free trial period. After the free trial period has expired, you will be charged without further notice in full for the selected term, and those charges are non-refundable. You are entitled to no more than one free trial and will not seek additional free trials through multiple or successive registrations, use of aliases or changes in account information, or otherwise

Auto Renewal — This Agreement commences upon registration and continues initially for one month, or the length of the term selected by you during the registration or order process. Upon completion of the initial term, and unless cancelled by you prior to completion of the initial term, your account will automatically renew without notice for a term equal to the initial term. If you do not wish to renew, then you must cancel prior to the expiration of the initial term or then-current term using one of the cancellation methods set forth below. If you choose to cancel your account after it has automatically renewed for an additional term (i.e., you do not cancel your account prior to the expiration of the initial term or then-current term), you will not receive a refund for the pre-paid subscription fee paid for the term, provided that you will continue to have access to the Site and the Services, subject to the terms of this Agreement, for the remainder of that then-current term. DataSnap Foreclosures may change the fees and charges for Services or add new fees and charges from time to time, but will provide advance notice by e-mail of these changes prior to charging the new fees.

Cancellation — You may cancel your subscription at any time. All fees due from you to DataSnap Foreclosures up to the end of the then-current subscription period at the time of termination shall remain payable to DataSnap Foreclosures unless otherwise specified. You may cancel your subscription by:

Selecting Cancel from the My Profile page on the Site,

Emailing a cancellation request to [email protected], provided that cancellation may not be effective until one (1) business day after DataSnap Foreclosures receives your request, or

Mailing a cancellation notice at least seven (7) business days prior to the desired date of cancellation to: DataSnap Foreclosures, LLC 11335 NE 122nd Way #105, Kirkland WA 98034 provided that DataSnap Foreclosures does not guarantee that the effective date of cancellation will be the specific date requested.

To verify that your cancellation has been received, please check your account status in the My Profile page located within the site

Termination — DataSnap Foreclosures reserves the right to terminate your subscription or your access to the Services at any time or to discontinue or modify any Services, portion or attribute thereof, for any or no reason and with or without notice. You agree that your sole remedy for such termination of your access to the Services is to receive a pro-rated refund of the pre-paid subscription fee paid to DataSnap Foreclosures for the then-current term. DataSnap Foreclosures may pursue any and all claims and causes of action it may have against you for violation of this Agreement, including, without limitation, any monetary damages, injunctive relief, court costs and attorneys' fees.

Payment of Fees — You agree to pay all fees on time and by providing credit card transaction information, you consent to subsequent recurring billing for Services provided by DataSnap Foreclosures on an ongoing basis until cancelled. All payments are non-refundable and there are no refunds or credits for partial months. You must include your complete billing address, credit/debit card number, and telephone number in order to process payments. DataSnap Foreclosures accepts major credit cards, including Visa and MasterCard. If your credit card expires, is otherwise declined for payment or you otherwise fail to pay DataSnap Foreclosures in a timely manner, access to Services may be terminated or suspended. In the event of termination or suspension you shall remain responsible for any uncollected amounts.

Consent to Contact — You agree that DataSnap Foreclosures may contact you by telephone or email as provided during registration regarding the Services during the term of this Agreement.

Links to Third Party Web Sites

The Site may be linked to other web sites that are not DataSnap Foreclosures Site ("Third Party Web Site") and certain areas of the Site may allow you to conduct transactions or purchase goods or services from or through such Third Party Web Sites. DataSnap Foreclosures is providing these links to you as a convenience, and DataSnap Foreclosures does not verify, make any representations or take any responsibility for such linked to Third Party Web Site, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Site. The Third Party Web Site may have different privacy policies and terms and conditions and business practices than DataSnap Foreclosures. Your dealings and communications through the Site with any party other than DataSnap Foreclosures are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT DATASNAP FORECLOSURES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITE AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply DataSnap Foreclosures’ endorsement or recommendation.

Proprietary Rights

You acknowledge and agree that any and all intellectual property rights ("IP Rights") in and to the Site, Services, Materials and Third Party Content are and shall remain the exclusive property of DataSnap Foreclosures and its licensors, as applicable. You are entitled only to limited use of the IP Rights granted in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement and is a violation of intellectual property laws, including, without limitation, copyright laws and trademark laws.

You further acknowledge that the Site, Services, the Application, Materials and Third Party Content, including, without limitation, the Premium Membership service, and the data provided through the Premium Membership service, are valuable commercial products, the development of which has involved the expenditure of substantial time and money.

Disclaimer of Warranties

The Services are made available for informational purposes only and not intended to provide commercial, legal, investment or financial advice. The Services (including, without limitation, Third Party Content provided through the Premium Membership service and that which is available through the use of the Application) may be based upon data that is collected, computed and or modeled from a number of sources, including public records and documents and statistical calculations, and may not be free from inaccuracies, errors or defects. The Services may not take into account such important factors as the condition of the property, current market conditions, title defects or other factors that may significantly affect or impair the quality of information available. The Services may include content supplied by third parties that contain advice, opinions, statements or offers over which DataSnap Foreclosures may have no editorial control and do not endorse. DataSnap Foreclosures and its licensors do not guarantee the accuracy, timeliness, availability, reliability, adequacy or completeness of any information, facts, views, opinions, statements or recommendations contained on the Site or in the Submissions or Third Party Content and are not responsible for any errors, omissions, miscalculations or misrepresentations of value in the information provided through the Service.

NO WARRANTY. DATASNAP FORECLOSURES AND ITS SUPPLIERS PROVIDE THE SITE, THE SERVICES, THE APPLICATION, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT OR OTHER INFORMATION PRESENTED ON THE SITE "AS IS," "WITH ALL FAULTS AND DEFECTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND USE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATASNAP FORECLOSURES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. DATASNAP FORECLOSURES AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, (A) THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, AND QUIET ENJOYMENT (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. DATASNAP FORECLOSURES DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

IN NO EVENT WILL DATASNAP FORECLOSURES OR ANY SUPPLIER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT, YOUR USE OF SERVICES OR THE APPLICATION OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THESE SITE OR THE APPLICATION, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, REVENUE, USE OR OTHER ECONOMIC ADVANTAGE, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION, EVEN IF DATASNAP FORECLOSURES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

THIS LIMITATION IS SEPARATE AND INDEPENDENT OF ANY OTHER REMEDY LIMITATIONS AND SHALL NOT FAIL IF SUCH OTHER LIMITATION ON REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

Damages Cap

IN NO EVENT SHALL DATASNAP FORECLOSURES'S TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED, WITH RESPECT TO THE SERVICE, THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO DATASNAP FORECLOSURES IN THE SIX-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, AND, WITH RESPECT TO THE APPLICATION, THE FEES PAID BY YOU FOR THE APPLICATION, IF ANY.

Indemnification

You agree to fully indemnify and hold DataSnap Foreclosures and any of its officers, directors, employees, affiliates, agents, licensors, business partners or suppliers harmless from and against any and all claims, liabilities, costs, damages and expenses (including attorneys' fees and costs of defense) that DataSnap Foreclosures or any other indemnified party suffers in relation to, arising from your use of the Site and/or the Services.

Binding Arbitration

ALL DISPUTES, CLAIMS OR CONTROVERSIES, ARISING FROM THIS AGREEMENT IN ANY WAY, DIRECTLY OR INDIRECTLY, BETWEEN YOU AND DATASNAP FORECLOSURES SHALL BE RESOLVED BY BINDING ARBITRATION IN KING COUNTY, WASHINGTON, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. THE ARBITRATION SHALL BE UNDER THE COMMERCIAL ARBITRATION RULES PURSUANT TO THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). YOU GIVE UP ALL RIGHTS TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP THE RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS SHALL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND DATASNAP FORECLOSURES MAINTAIN 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 KING COUNTY, WASHINGTON. Either party must submit a written demand to the other party. An arbitrator shall be selected as per the AAA rules. If there is a case with no applicable rule regarding the selection of the arbitrator, then you shall select an arbitrator from a panel of arbitrators acceptable to DataSnap Foreclosures. The Party bringing the claim will pay for the filing fee and the costs of arbitration for one day of arbitration, the remaining costs of arbitration are to be paid by the non-prevailing party. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the Washington Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys' fees. The proceeding and the decision shall be kept confidential by the parties. Notwithstanding the foregoing, the parties agree that DataSnap Foreclosures shall have the right to seek a temporary or permanent injunction (or other equitable relief), and file the necessary underlying lawsuit, in any court having jurisdiction over the parties as necessary to protect DataSnap Foreclosures' intellectual property rights or confidential information.

Local Laws; Export Control

DataSnap Foreclosures controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Terms which Survive this Agreement

The proprietary rights, disclaimer of warranties, representations made by you, limitations of liability, assignment, governing law and venue, severability; waiver, and entire agreement provisions shall survive any termination of this Agreement.

Assignment

You may not assign this Agreement or any rights hereunder. DataSnap Foreclosures may at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice. Any purported assignment in violation of this restriction is void.

Governing Law and Venue

This Agreement shall be subject to and construed in accordance with the laws of the State of Washington, excluding its conflict of law’s provisions.

Severability; Waiver

If for any reason any provision of this Agreement is determined to be invalid or unenforceable under applicable law, then the unenforceable or invalid provision of the Agreement will be superseded by a valid and enforceable provision that most closely matches the intent of the original provision. The remainder of the Agreement shall remain in full effect. DataSnap Foreclosures' failure to enforce any term of this Agreement is not a waiver of that term. A waiver must be in writing to be effective.

Entire Agreement

The terms and conditions of this Agreement constitute the final and exclusive agreement between you and DataSnap Foreclosures with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings and agreements, written or oral, regarding the subject matter.