Terms and Conditions
The user ("User") agrees to be bound by the Terms and Conditions of Service, (the "Term") upon visiting or using the web site owned and operated by USA-Foreclosure.com, LLC
, an Alaska Limited Liability company, (the "Web Site"), or any co-branded and/or linking web site. The User further agrees that by utilizing any USA-Foreclosure.com, LLC
data resource and by utilizing the Foreclosure Learning Center located on the Web Site, the User agrees that the Terms constitute a binding contract between the User and USA-Foreclosure.com, LLC
. If the User does not wish to be bound by these Terms, then the User should not visit or use the Web Site.
Further, USA-Foreclosure.com, LLC
reserves the right to change these Terms from time-to-time at its sole discretion. In the case of any violation of the Terms, USA-Foreclosure.com, LLC
reserves the right to seek all remedies available by law and in equity for such violations. These Terms apply to all visits to the Web Site, and to the Foreclosure Learning Center
portion of the Web site both now and in the future.
No Endorsements; User Waiver of Claims
User acknowledges that USA-Foreclosure.com, LLC does not sell real estate or real estate services ("Product") through this Web Site. Further, certain third party providers ("Vendors") may post information on this Web Site, and the User understands that USA-Foreclosure.com, LLC is not affiliated with any such Vendor and in no way endorses or recommends any particular Vendor. The User agrees that any Vendor services utilized by User remain as between the User and the Vendor. Therefore, the exclusive remedy arising from communications on or through this Web site is between User and any relevant Vendors. User agrees that, in return for permission to use the Web Site, User waives any and all claims against USA-Foreclosure.com, LLC that are connected to use of this Web Site or any Vendors, that provides services or products on this Web site.
- Although USA-Foreclosure.com, LLC has made reasonable efforts to place accurate information on this Web Site, USA-Foreclosure.com, LLC assumes no responsibility for the accuracy of the information.
- By requesting User’s name, telephone number and e-mail, neither USA-Foreclosure.com, LLC, nor the foreclosing attorney/trustee assumes any duty to contact User by telephone, e-mail or any other means for any reason.
- The information contained in this website is provided solely for the convenience of User’s interest in the foreclosure sale. Neither USA-Foreclosure.com, LLC, nor the foreclosing attorney/trustee warrants the accuracy of the information contained herein.
- The information contained in this website is separately available from public records or readily discernible from a visual "drive-by" inspection of the property. Nothing in this website may be construed to constitute a representation or warranty concerning the condition of the property, the condition of title to the property, the past, present or permitted uses of the property or any other matter pertaining to the property.
- The User who is interested in bidding on a property must conduct their own due diligence analysis of the property, relying solely upon their own due diligence analysis in deciding whether to bid or how much to bid for a property.
- The sale dates and times published on this website are subject to change. Sometimes a sale is postponed by public proclamation to a later date or later time on the same date. Rarely, but sometimes, the sale may be postponed to a different location. That postponement or other change is not always reflected on this website. The only way to be certain of a “postponed-to” date, time or place is to attend the auction and listen to the publicly proclaimed postponement of the sale. Also, the User is responsible for checking the status of any sale frequently on the Web Site and monitoring the site for any other changes.
- All of the information available on the Web Site is subject to change from time to time without notice.
- Foreclosure sales are subject to the rules of the auction established by the foreclosing attorney/trustee.
Disclaimer of Warranties
USA-Foreclosure.com, LLC PROVIDES THE WEB SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY FORECLOSURE LEARNING CENTER MATERIAL OR ANY OTHER REFERENCE IS PROVIDED "AS IS" “WHERE IS” AND USA-Foreclosure.com, LLC, FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED UPON TO MAKE BUSINESS OR OTHER DECISIONS. USA-Foreclosure.com, LLC DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS WEB SITE, NOR DOES USA-Foreclosure.com, LLC WARRANT THAT WEB SITE’S CONTENT, THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
USA-Foreclosure.com, LLC SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR ANY REASON WHETHER OR NOT USA-Foreclosure.com, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
User agrees to indemnify and hold harmless USA-Foreclosure.com, LLC at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a Vendor.
Copyright/Restrictions on Use of Material
The use of USA-Foreclosure.com, LLC services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the USA-Foreclosure.com, LLC Web Site by any User, whether such User has an account or not, in any capacity, is strictly prohibited and the User’s strict compliance with the prohibition against electronic extraction or reformatting of information is a material condition to the use of this Web Site. The same shall be acknowledged to be copyright infringement on the valid filed or unfiled copyrighted material of USA-Foreclosure.com, LLC, which constitutes the intellectual property of USA-Foreclosure.com, LLC. Use of this Web Site constitutes the uncontroverted acknowledgement of the copyrighted material contained therein. Data mining, screen scraping, copying graphics, maps, designs, logos or downloading and compiling data or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other foreclosure information contained within the Web Site or in a commercial manner without the express written consent of USA-Foreclosure.com, LLC is strictly prohibited, and USA-Foreclosure.com, LLC reserves the right to immediately terminate any User account that is being used in such activity without notice. The reposting, manipulation, display or other Web-based presentation of data obtained through the Web Site on the internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any User is determined to be engaged in any activities prohibited in this section, USA-Foreclosure.com, LLC may seek injunction in any court located in Anchorage, Alaska or the United States District Court for the District of Alaska. Additionally, the User through the use of this site consents to the jurisdiction of said courts and shall and agrees to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.
- The data being made available to the User through this Web Site is a courtesy only. No guarantees are being made as to its completeness or correctness and this information is subject to change at any time. It will be necessary for the User to attend all sales in order to obtain the most current information. The trustee or their agent will not be liable for any loss the User may sustain in using or receiving this information.
- User acknowledges that User shall always use the real property ownership information for the User's own personal or internal business purposes only;
- User acknowledges that User shall not use the real property ownership information for reproduction, sale, publication or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation;
- User acknowledges that User shall acquire no proprietary rights in or to the real property ownership information or in any data contained therein, which rights remain vested with USA-Foreclosure.com, LLC and its data suppliers;
- User acknowledges and agrees that User shall not disclose or provide the real property ownership information to any affiliates or parent organization if they do not have a need to know for the purposes permitted in these Terms or are otherwise covered under these Terms;
- User acknowledges that USA-Foreclosure.com, LLC data is sourced from public information or statistical calculations and is provided on an "As Is,” “As Available" basis with all faults and defects. The data supplier to USA-Foreclosure.com, LLC does not make any warranties, expressed or implied, including without limitation, those of merchantability and fitness for a particular purpose, nor is the data supplier to USA-Foreclosure.com, LLC responsible for errors, omissions, miscalculations, or misrepresentations of value;
- User acknowledges that the real property ownership information is proprietary information of USA-Foreclosure.com, LLC and their suppliers, under copyright, and has been furnished to User in trust. User acknowledges that the information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. User will issue appropriate instructions to all of its employees having access to USA-Foreclosure.com, LLC data concerning the restrictions contained herein, and shall initiate safeguards to prevent the accidental or otherwise unauthorized use or release of the real property ownership information, with particular respect to consumer information that is or may be considered "sensitive" such as financial or personally identifiable information, including but not limited to, owner name, mortgage values, sale amounts, estimated property values, real estate loan information, default, and foreclosure information, as related to a named individual owner;
- User acknowledges that automated Vendor valuation models attempt to estimate the current market value of a piece of residential real property using technology. An estimated value is not an appraisal and neither USA-Foreclosure.com, LLC nor its Vendors, suppliers, or licensors, make any warranties expressed or implied that any estimated property values obtained from Vendor technology or as contained in the data are complete, guaranteed as accurate, fit for a particular purpose, or merchantable. Any estimated values are delivered "As Is," with all faults and defects. Use of estimated property values is done so that the sole risk and responsibility of User or the ultimate end user of such values. In no event shall USA-Foreclosure.com, LLC or its Vendors be liable for use or misuse of estimated values, any use or misuse in violation of any law, regulation, or industry standard, the inability or failure of a person or entity to conduct business, or for any indirect, special or consequential damages related to use or misuse of an estimated value regardless of the circumstances;
- User acknowledges that any use of a Vendor service and underlying real property information by User shall be at User’s own risk, and User hereby indemnifies USA-Foreclosure.com, LLC and its Vendors, suppliers, or licensors with respect thereto. In no event shall USA-Foreclosure.com, LLC and its Vendors, suppliers or licensors be responsible for any errors, omissions, miscalculations, or misrepresentations of value;
- User acknowledges that the data supplier for USA-Foreclosure.com, LLC is not responsible for any damages, including but not limited to, those incurred as a result of lost profits or revenue, loss of use of the data or loss of any substitute data, contained on the Web Site, or claims by third parties, or for other similar costs. In no event shall any USA-Foreclosure.com, LLC data supplier be liable for any damages resulting from User's inability or failure to access any web site;
- User acknowledges that certain states and federal regulatory bodies have enacted laws that place restrictions on marketing activities, including but not limited to, use of public record information in connection with mortgage lending or other financial services mail marketing, or telephone marketing. USA-Foreclosure.com, LLC and its data suppliers disclaim any warranty, expressed or implied that the real property information is free from any consumer information that may give rise to a privacy claim.
Trademarks, Service Marks, Logos, Corporate Identifications Protected
All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web site are trademarks or service marks of USA-Foreclosure.com, LLC. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web site is strictly prohibited without prior written approval by USA-Foreclosure.com, LLC.
User's Code of Behavior
User agrees not to post on the Web Site any content that:
Usage of the subject site shall be limited to non-robotic, non-mechanical or other non-artificial/software based searches. Violation of this use policy subjects the User to immediate removal of their account. User also agrees not to distribute the information contained in the Web Site to any person or organization, by any means, printed, electronic or other.
- is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening,
- contains viruses or other contaminating or destructive features,
- violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or
- otherwise violates any applicable law. User will not post on this Web Site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to USA-Foreclosure.com, LLC must be true, complete and accurate, must not represent User as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.
User can remove his or her Account at any time by login to www.usa-foreclosure.com and click on the "My Account" link at the top of the screen. On this page there is an orange "Remove My Account" button that will allow the User to remove his or her account. Should User encounter any problem removing their account, User may send an email to firstname.lastname@example.org.
Links to/from Third Party Sites
This Web Site contains links to third party sites and advertising. User accesses these sites at User's own risk; USA-Foreclosure.com, LLC is not responsible for the contents, changes, updates, or other links contained in a linked site. USA-Foreclosure.com, LLC provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by USA-Foreclosure.com, LLC of the site. Any Vendor desiring to link to the Web site must link to the Web site's homepage located at www.usa-foreclosure.com. No one may link to any other page of this Web Site without the prior written consent of USA-Foreclosure.com, LLC. Third-party advertisers may serve you ads when you visit the Site. Third-Party advertisers are not affiliated with USA-Foreclosure.com LLC.
No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and USA-Foreclosure.com, LLC as a result of use of the Web site.
The contents of this Web site and any claims related to it are governed by the laws of the State of Alaska, without reference to its conflict of laws rules. User consents and fully agrees to the exclusive jurisdiction of the State and Federal courts located in Anchorage Alaska, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding in any other jurisdiction.
By utilizing the services of USA-Foreclosure.com, LLC, the User agrees not to distribute the information contained in the Web Site to any person or organization, by any means, printed, electronic or other. The above Terms constitute the entire and only agreement between User and USA-Foreclosure.com, LLC on the matters described. The User understands that User may be subject to further restrictions while using Vendor web sites. A printed version of these Terms and any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.