Last modified: September 6th, 2012
The legal tidbit is belowâ€¦ but periodically, we do receive questions on these terms from time to time, therefore weâ€™ve decided to address and bring light to the most commonly asked Terms of Service and about service points right here at the top.
This AGREEMENT is a contract between you the purchaser (MEMBER OR PURCHASER) and our business, Wowse Marketing Group, LLC dba ForeclosureFraudExposed.com, (COMPANY). By electing to participate in this offer and become a member of this web site, you are entering into a contract. If you do not agree with the terms and conditions SET FORTH HEREIN, you have the option to not participate in this offer.
Â YOU, THE PURCHASER, BY DOING BUSINESS WITH COMPANY, AGREE TO THE TERMS OF THIS AGREEMENT AND AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT CARD FOR THE COMPANY INFORMATIONAL PRODUCTS AND/OR SERVICES, AND ACKNOWLEDGE YOUR UNDERSTANDING & AGREEMENT TO THE REFUND POLICY AS STATED ON COMPANY WEB SITE.
BY ACCESSING THIS WEB SITE, AND/OR PURCHASING COMPANY’S INFORMATIONAL PRODUCTS AND/OR SERVICES, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS AS SET FORTH IN THIS AGREEMENT. THESE TERMS ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS PRIOR TO EVERY USE FOR ANY CHANGES.
This AGREEMENT (â€œAgreementâ€) For COMPANY informational products and/or services, is intended to set forth the general terms and conditions pursuant to which our COMPANY, (hereinafter referred to as â€œCOMPANYâ€) agrees to provide COMPANY informational products and/or services to subscriber (hereinafter referred to as â€œPURCHASERâ€ or â€œMEMBERâ€). Unless the context requires otherwise, COMPANY, and/or itsâ€™ assigns shall be referred to as â€œusâ€, â€œweâ€, or â€œourâ€ and the PURCHASER shall be referred to as â€œyouâ€, â€œyourâ€ or â€œsubscriber.â€ PURCHASER understands that the COMPANY, and/or itsâ€™ assigns are not Attorneys, nor does COMPANY guarantee, imply, or predict any type of outcome, remedy, result or response from said informational video Products. COMPANY and its informational video Products and/or Services do not provide nor are a substitute for legal advice. The PURCHASER irrevocably covenants, promises and agrees to indemnify COMPANY and/or itsâ€™ assigns and to hold COMPANY and/or itsâ€™ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which COMPANY and/or itsâ€™ assigns may sustain or to which COMPANY and/or itsâ€™ assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneysâ€™ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
WHEREAS, COMPANY creates, develops for the intended purpose to market informational video Products and Services to PURCHASER.
NOW, THEREFORE, in consideration of the premises and the mutual covenants of this Agreement, the parties hereto agree as follows:
1. PRIVACY STATEMENT
COMPANY will not rent, sell, access or in any way use PURCHASERâ€™S customer database information. This information will be kept strictly confidential in the highest manner possible. Due to the nature of the technologies and Internet stability which the service provider and/or itsâ€™ assigns provide, service interruptions may occur from time to time. No full, partial, or prorate refunds will be made as adjustment for any such service interruption. The PURCHASER hereby acknowledges that changes in the nature of the informational Products and Services which may be offered under this Agreement which are beyond the control of COMPANY and/or itsâ€™ assigns do not constitute grounds for full or partial refund of any advance fees paid.
2. COMPANY INFORMATIONAL PRODUCT AND/OR SERVICE
The COMPANY provides you the PURCHASER, a membership access pass comprised of informational videos (referred to as â€œProductâ€). PURCHASER will receive a membership username and password to the COMPANY membership area, which contains Product. The Product is comprised of 25+ informational videos, a site embedded PDF Securitization Search which is not downloadable, a list of nationally known Robo-signers, a list of Frequently Asked Questions and a Ticket Support Help Desk for general questions and billing support. The Product is based, in part, on permissions from third party companies and programs. You, the PURCHASER, understand and agree, that in the event those companies or programs cease operations, withdraw permissions, or change programs, that the Product may no longer function as originally created, developed, designed or marketed. You further understand and agree that those circumstances are beyond the control of COMPANY and our Company will not be held responsible. You, the PURCHASER, further understand and agree such unforeseen events will not be the basis for any refunds. If you do not agree, do not purchase the informational video Product and/or Service offered by COMPANY.
By purchasing the Product, you agree to accept the fees you may incur as a result of purchasing Product from COMPANY, including but not limited to, fees for ongoing membership account access or features and purchases made through the use of the PURCHASER. Subject to any applicable law, fees and charges for COMPANY, services are non-refundable unless the pricing terms for the applicable Product expressly states otherwise.
This Agreement, purchase by PURCHASER, and/or use of COMPANY Web Site Product shall become effective on the date the purchase is submitted by PURCHASER to the COMPANY (â€œEffective Dateâ€). The Period of Performance of this Agreement shall commence on the Effective Date and shall automatically renew for additional like periods (â€œRenewal Periodsâ€) under the same terms and conditions as herein agreed, which may be amended from time to time by COMPANY, unless and until PURCHASER provides the COMPANY with notice of termination at least seven (7) days prior to any Renewal Period. COMPANY reserves the right to terminate without cause of action and without notice, the membership account of PURCHASER. (Refer to account Termination/Cancellation instructions below) COMPANY will continue to renew the membership account of PURCHASER automatically each month unless terminated by COMPANY or until PURCHASER notifies COMPANY of your intent to change your service renewal. For account cancellation instructions refer to the CANCELLATION POLICY found in these Terms of Service.
3. METHOD OF PAYMENT
PURCHASER must provide a valid method of payment (credit card only) prior to and during any time PURCHASER receives COMPANY Product. The Renewal Fees will be due three (3) full days prior to the recurring effective date of the Renewal Period, and will be automatically debited from PURCHASER credit card prior to that date. Service fees for each Renewal Period will be invoiced three (3) days prior to the commencement of the Renewal Period. PURCHASER acknowledges and agrees that the COMPANY will not require any additional authorization for any recurring payments or automatic billing options.
Accounts are considered in default if the payment is not received with three (3) days after the effective date of the Renewal Period. The COMPANY may suspend or terminate use and/or non use of the COMPANY product if the PURCHASER fails to provide a valid designated payment method upon request, or if COMPANY is unable, for any reason, to bill charges to the clientâ€™s designated payment method. If the payment is more than five (5) days past due, the PURCHASER will be liable for any fees COMPANY incurs in its efforts to collect any unpaid balances.
Any billing problems or discrepancies must be brought to COMPANY attention within thirty (30) days from the date the PURCHASER is billed. If you do not bring them to the attention of COMPANY within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies with COMPANY. If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method, PURCHASER must submit a Support Ticket to our support team either through the membership Web Site or by creating an email ticket by sending in an email to our support team at firstname.lastname@example.org (Refer to account Termination/Cancellation instructions below). No cancellation requests will be taken by COMPANY telephone number (310-926-4586). 1-855-769-2589
4. PURCHASER BEARS ALL RISK OF USE
COMPANY sole obligation under this agreement is the delivery membership username and password which grants PURCHASER access to Product. COMPANY disclaims any and all further obligation, once PURCHASER purchases Product delivered by COMPANY, including but not limited to any liability for the PURCHASERS inability to enter in correct login username and password.
PURCHASER understands and agrees that Product is delivered and membership is considered active, activated on your date of purchase, which is displayed by one and/or all of the following: your date of purchase, purchase receipt, notification of confirmation to COMPANY, notification of purchase confirmation sent to COMPANY and/or including but not limited to COMPANY able to document or demonstrate PURCHASER visiting the Web Site after purchase, IP logs and Web Site Comments inside membership area.
PURCHASER understands that COMPANY has provided measures for PURCHASER to request their username and password at any time needed by simply visiting COMPANY login link labeled as Login Page, which is located at the bottom of Web Site page of COMPANY.
PURCHASER understands and agrees that COMPANY is not providing legal advice and COMPANY advises PURCHASER to consult with their own attorney for legal advice.
PURCHASER understands and agrees that any information provided by COMPANY is for entertainment purposes only, and cannot be considered financial, medical or legal advice.
5. ADDITIONAL TERMS
Other Provisions that govern your purchase and/or use of COMPANY Product are set forth in online notices appearing in connection with certain information, Products, videos, services, or features of COMPANY (collectively the “Additional Terms”), all of which are incorporated by reference herein. Your purchase and/or use of any information, Products, videos, services, or features of COMPANY that are subject to Additional Terms constitute your acceptance of the respective Additional Terms.
The purchase by PURCHASER and use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, trafficking of obscene material, anti-discrimination or false advertising). The PURCHASER agrees: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; (3) not to use the Product to infringe any third partyâ€™s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (4) to not to transmit through the Product, through ticket feedback, comments or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable language or material of any kind or nature.
We may terminate your membership account:
7. NO WARRANTIES
WE MAKE NO WARRANTIES TO THE PURCHASER OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE INFORMATIONAL PRODUCT COMPANY, ITâ€™S SUBCONTRACTORS PROVIDE YOU. THE MEMBERSHIP, PRODUCT, INFORMATION AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, AND NOT BY WAY OF LIMITATION, THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF RELIEF, REWARD, BENEFIT, REVENUE THAT PURCHASER MAY GENERATE WITH COMPANY PRODUCT AND/OR PRODUCTS, AND (B) AS WELL AS ANY ECONOMIC OR OTHER BENEFIT THAT THE PURCHASER MIGHT OBTAIN THROUGH THEIR PARTICIPATION IN THIS AGREEMENT.
IN NO EVENT SHALL COMPANY BE LIABLE TO THE PURCHASER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROPERTY, LOSS OF JOB, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OR RESULTING FROM THE AGREEMENT, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF COMPANY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALLÂ COMPANY BE LIABLE TO THE PURCHASER FOR THE GREATER OF (i) THE CUMULATIVEÂ AMOUNT ACTUALLY PAID TO THE COMPANY.
ONCE COMPANY COMPLETES ITS SERVICES AND/OR DELIVERS THE COMPANY PRODUCT, PURCHASER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY HAS NO OBLIGATION TO CONTINUE COMPANY SERVICES, MAKE IMPROVEMENTS OR PROVIDE SUPPORT IN ANY MANNER.
8. LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, FALSE INTERPRETATION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER COMPANY NOR ANY OF ITS PARTNERS, AGENTS, EXECUTIVES, DIRECTORS, EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF USE OF THIS PRODUCT OR PRODUCT OR INABILITY TO GAIN ACCESS TO OR USE THIS SERVICE OR PRODUCT OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL PRODUCTS AND CONTENT ON COMPANY PRODUCT.
COMPANY’S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE CONFIRMATION OF RECEIPT OF PURCHASE BY PURCHASER AND DELIVERY OF A FUNCTIONAL PRODUCT AT THE TIME OF PURCHASE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES.
9. RELATIONSHIP OF PARTIES
The relationship between COMPANY and PURCHASER under this Agreement is that of providing an informational Product by Company to Purchaser and neither shall be, nor represent itself to be, the joint venture, franchiser, franchisee, partner, broker, employee, servant, agent, or representative of the other for any purpose whatsoever. These terms control the relationship between COMPANY and PURCHASER. They do not create any third party beneficiary rights. No party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, another party or to bind another in any matter or thing whatsoever.
11. FORCE MAJEURE
Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
12. DUTIES AND OBLIGATIONS
13. NOTICE AND PAYMENT
This Agreement shall be governed in accordance with the laws of the State of North Carolina. All disputes under this Agreement shall be resolved by litigation in the courts of Mecklenburg County, North Carolina U.S.A. including the federal courts therein and you agree to submit to the Personal Jurisdiction in those courts, you agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses.
Â 15. AGREEMENT BINDING ON SUCCESSORS
The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
Â 16. ASSIGNABILITY
This Agreement is personal to you. You may not assign your rights under this Agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this Agreement. COMPANY reserves the right to assign this Agreement at any time.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
19. PROHIBITED WEB SITES
PURCHASER represents to COMPANY that the subject matter of the content of the Web site will not contain any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, pornographic, racial or ethnic objectionable materials, depict sexual situations, promote discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or contain any material that violates any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.
This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.
21. PARENTAL PERMISSION; MINIMUM AGE REQUIREMENT
This Site is not directed to persons under the age of 13. The sale of any of the Sites products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13.Â WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Web Site to be over 13 and all purchasers of COMPANY membership Products to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Sites. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the informational products or informational services of the COMPANY, you represent that you are at least 18 years of age.
The client agrees: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you attempt modify, download or copy videos, files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept notifications of service changes, commercial email and similar offers presented through the COMPANY system or via email.
If the COMPANY learns of a direct or indirect violation or likely violation of itsâ€™ TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances, however COMPANY reserves right to PURCHASERS termination without cause and notice.
COMPANY constitutes that our Anti-Spam Policy is an inherent part of our Terms of Service. As such, by submitting to the terms outlined in our Terms of Service, you are also bound to the policies contained in our Anti-Spam Policy. We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as SPAM. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holderâ€™s behalf. All lists used in conjunction with the services provided by the COMPANY, are required to be 100% opt-in lists (refer to COMPANY Anti-Spam Policy for additional terms regarding opt-in list requirements). Any user reported to be or caught violating these terms of service will be immediately terminated as per Wowse Marketing Group LLCâ€™s Anti-Spam Policy.
23. CHANGE OF TERMS AND CONDITIONS
We reserve the right to change the terms and conditions of this Agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our membership monthly subscription rates at any time. If you do not agree to the new terms and conditions, you may terminate this Agreement in accordance with our cancellation policy. For changes in subscription rates, we will always give thirty (30) days notice prior to changing subscription rates.
24. NOTIFICATION OF ACCOUNT CHANGES
You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your personal address, email address or telephone number change. You agree that COMPANY does not and will never request your billing information to be transmitted via email, mail or telephone. You agree and understand that COMPANY utilizes a secure Hyper Transfer Protocol which allows you to signup for membership and update your billing information, and that this is the only method in which you are allowed to submit or update your billing information.
25. CONTACTING USThe Company’s Address is Foreclosure Fraud Exposed.com 9911 ROSE COMMONS DRIVE SUITE E-211 Huntersville, NC 28078
26. REFUND POLICY
Refunds for Monthly Subscribers:
Any PURCHASER subscribing to the ForeclosureFraudExposed.com MEMBERSHIP will have their credit cards charged $97 the day of purchase; and will be charged a second installment of $97 thirty days from the inital purchase date.
27. CANCELLATION POLICY
COMPANY does not take cancellation requests via phone. All membership accounts must be cancelled by the primary account holder by creating a support or billing ticket through membership account provided by COMPANY or by creating an email ticket which is only valid with a referencing ticket number by COMPANY. Tickets numbers are generated immediately by COMPANY upon receipt of an email ticket from the PURCHASER. Tickets can be created by emailing company at: email@example.com. Cancellation requests made after the (3) day trial offer are not considered valid.