Terms Of Use

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Our Terms Of Use

This website (the “Site”) offers information regarding Our services.

Acreswapper.com is a website provided to You by Acreswapper, LLC and its related, affiliated and/or subsidiary companies (“We”, “Us” or “Our”). The following user Agreement governs Site users’ (“Your” or “You”) access to and use of the Site and any other information available on or through the Site (“Content”).

USER AGREEMENT

Please read through this user agreement (“Agreement”) before accessing, using, or browsing the Content, or before selecting the “I AGREE” button associated with this Content.

By accessing, browsing, or using the Content and/or clicking on “I AGREE,” You, on behalf of Yourself or Your entity, as applicable, you agree that:

  1. You have read and understood all of the terms of this Agreement;
  2. You agree to be bound by all of the terms of this Agreement;
  3. This Agreement is the legal equivalent of a written and signed contract between You and Us; and
  4. If accessing, browsing, or using Our Content of behalf of an entity, You have full authority to bind your entity to all of the terms of this Agreement.

If You cannot be bound or are not willing to be bound by this Agreement, then do not select the “I Agree” button associated with this Agreement or access, browse, use or access any of the Content. We do not grant you any right or license to access, browse or use the Content without your express consent to abide by the terms of this Agreement.

INFORMATIONAL PURPOSES ONLY

The Site is not intended to provide You with any financial, real estate, legal or otherwise related advice of any kind and You understand and agree that the Site may include advertisements. Based upon information we obtain, We may make available to You advertisements that may be relevant and/or useful to You based upon Your own review.

SUBMISSIONS

All comments, concepts, feedback, graphics, ideas, illustrations, remarks, suggestions, and other materials that You communicate to Us (collectively, the “Submissions”) become Our property and You waive any and all rights, except moral rights, if applicable. Further, You hereby forever assign all rights in regard to the Submissions, now known or future existing.

We will not be required to treat any Submissions as confidential and will not be liable for any of its business ideas (including and not limited to product or advertising ideas) and will not incur any liability as a result of any similarities (whether actual or perceived) that may or may not appear in future operations or other business ventures. Except as otherwise provided for in this Agreement, We will have full right of use for the Submission for any commercial or other purpose in its sole discretion without compensation to You.

Any Submissions You provide are voluntary. You are responsible for the content of the Submissions and agree to defend (at Our sole option and discretion), indemnify and hold Us harmless from any costs, damages, losses, or expenses including attorney’s fees, which We may incur as a result of Your Submissions.

You also agree that You are responsible to the full extent under the law for all activities that occur under Your account whether or not You are the individual or other entity who undertakes such activities. This includes any unauthorized access or use of Your account on either a personal or public computer system.

We retain the right to review and/or delete faulty, illegal, offensive, suspicious or other inappropriate Submissions that violate the terms and conditions of this Agreement.

AGE

You must be at least 18 years of age to use the Site and any Content.

USER ID AND PASSWORDS

Access to certain areas of the Site or the Content may be limited by a user identifier (“User ID”) and password, which are selected as part of the registering. By registering, You covenant, represent, and warrant that: (i) You are at least 18 years of age; (ii) You are using Your actual identity; (iii) You have provided only accurate, complete, current, and true information about Yourself during the registration process; and (iv) You will maintain and promptly update the information that You provide to keep it accurate, complete, current and true.

By logging into Your account using any password, You covenant, represent, and warrant that You are authorized to use such password and to engage in the activities that You conduct with the account. You agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through Your subscription account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password.

We reserve the right to deny, revoke or prevent access to the Site, or any part thereof, at any time in Our sole discretion, with or without cause. Your access to the Site will terminate upon the termination of this Agreement for any reason. If You wish to cancel a password, or if You become aware of any loss, theft, or unauthorized use of a password, please notify Us immediately.

You may choose to access some of the Content of the Site without creating a User ID and password or subscription account. By accessing, using, or browsing the Site or any of the Content, You are agreeing to be bound by all the terms and conditions of this Agreement.

FEES FOR USE OF SKIP TRACE SERVICES AND WALLET BALANCES

Fees for using skip trace services are 10 cents per successful skip trace. We may revise the fees at any time. If We revise the fees that You are currently using, We will notify You at least thirty (30) days before. All fees paid into Your Wallet (on this Site, in-app, or otherwise) shall be fully earned on the date paid and are nonrefundable. Wallet balances may be credited in amounts up to $2,500.00 US DOLLARS (USD).

Only successful skip trace requests will be debited against your Wallet. For the purpose of this agreement, a successful skip trace occurs when relevant information is returned to You; by way of example and not of limitation, partial information such as phone number, email address, or other personally identifiable information is considered to be a successful return. We retain in Our exclusive business judgment the absolute discretion to determine whether a skip trace was successful. Skip trace requests that return no results will be credited to Your Wallet as determined by Us.

You authorize Us to debit Your financial account. These funds will be applied to Your Wallet balance. We may rely on this authorization to make one or more attempts to collect all or a subset of the amounts owed. Your authorization herein remains until all fees required to be paid are satisfied. If an applicable debit scheme authorization rule grants you the right to revoke Your debit authorization, then to the extent law permits, You waive that right.

By using skip trace services, You give Us the right to debit Your financial account and You authorize Us to debit Your financial account. This authorization is in complete compliance with any applicable bank debit rules, including the debit scheme authorization and mandate language included below. Your authorization to debit any of Your financial accounts includes the specific mandate or authorization language for the specific debit scheme that covers Your bank account. The debit scheme language for each bank scheme is incorporated into Your authorization herein to debit any of Your financial accounts with the same force and effect as if You had signed a paper and obtained a hard copy containing the same terms.

Accounts that are inactive for 90 days with unused wallet balances will be charged an inactive account maintenance fee up to, but not exceeding, the amount of unused wallet balance at a rate of $25.00 USD per month that the account remains inactive. By way of example and not by way of limitation, an inactive account with a wallet balance of $100 would be charged $25.00 per month for four (4) months starting on the first day after 90 days of inactivity, and an inactive account with a wallet balance of $24 would be charged $24 on the first day after 90 days of account inactivity.

MEMBERSHIP AGREEMENT

The Site offers optional membership subscriptions (“Memberships”). We may offer a number of subscription plans (“Plans”). If You purchase a Membership your membership will continue and automatically renew until terminated.

To purchase a Membership, You must provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through Your account with a third party. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to Your Payment Method (see “Cancellation” below).

Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Us at Our sole discretion and we reserve the right to revoke an Offer and put Your account on hold in the event that we determine You are not eligible. Members of households with an existing or recent Propwire membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Acreswapper membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Skip Trace Credits. As part of our Plans We may offer redeemable credits for free skip traces (“Premium Credits”). The amount of Premium Credits available per Plan may vary. If Your Membership includes Premium Credits your Premium Credits will reset periodically. For Memberships that are paid on a monthly basis those credits will be reset after We successfully charge your subscription fee to your Payment Method. For Memberships that are paid on an annual basis Premium Credits will be reset monthly on the monthly anniversary of your Membership plan. Any unused Premium Credits will be forfeited each month and do not roll over into the next cycle.

BILLING AND CANCELLATION

Billing Cycle. The subscription fee for the Acreswapper service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the Acreswapper.com website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you signed up for an Acreswapper Membership using your account with a third party as a Payment Method, you can find the billing information about your Acreswapper subscription by visiting your account with the applicable third party.

Payment Methods. To receive the Membership benefits you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

Cancellation. You can cancel your Membership at any time, and you will continue to have access to the membership services through the end of your billing period. To cancel, go to the “Account” page on our Acreswapper.com website and follow the instructions for cancellation. If you cancel your membership, your Membership will automatically close at the end of your current billing period. To see when your Membership will close, click “Billing details” on the “Account” page. If you signed up for Acreswapper using your account with a third party as a Payment Method and wish to cancel your Acreswapper membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Acreswapper service through that third party.

Changes to the Price and Subscription Plans. We may change our Membership subscription plans and the price of our Plans from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.

Refunds. You have THREE (3) DAYS after your Payment Method is successfully billed to request a refund (“Refund Period”) for that transaction. Any request for a refund must be received in writing by contacting us via email at [email protected]. Any refund request received after the Refund Period or not made in writing will not be honored. In addition, if You use any Premium Credits after your Payment Method is charged then your subscription fee will immediately become nonrefundable. There are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

THIRD-PARTY SERVICES

The Site includes links to third-party products, services and websites, and may include functionality that allows for the distribution of your personal information (collectively, your “User Information”) to third parties not under Our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Site. Your use of third-party sites may be subject to associated third-party terms of use, privacy policies and/or other agreements. We do not endorse and take no responsibility for such products or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that We may transfer the applicable User Information or other information to the applicable Third-Party Providers. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with any other person.

The Site contains services where you may be connected with a real estate professional or other that provides mortgage loan origination services, title and escrow services, or other settlement services. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection.

NOTIFICATION FOR GOOGLE MAPS USE

Google Maps features and content are utilized on the Site and Your use of the Site with Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/; and (3) Google’s Terms of Service at https://policies.google.com/terms?hl=en

SITE MONITORING

We may monitor or review any areas on the Site where You or other users convey, transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness, and suitability of use. However, We do not undertake to screen or review every post, communication, or Submissions; and We disclaim any liability related to the Content of any post, communication or Submissions, whether or not arising under the laws of copyright, libel, obscenity, privacy, trademark or otherwise.

While We may monitor the Content of the communications from time to time, We do not agree with, encourage, endorse, sanction, support, verify the comments, opinions or Submissions posted on the Site. Any information or material placed online, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Us. We, in Our sole discretion, reserve all rights to discontinue this service generally or to any user at any time.

We may disclose any records, electronic communications, information, materials or other Content of any kind (i) if We believe in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of the Site, its users or business partners. However, We are not responsible for editing, monitoring, policing or screening the Site.

INTERACTIVE AREAS

We may, at Our discretion, edit, monitor, or review any areas of the Site where You transmit or post communications or communicate with Us or other users, including, but not limited to blogs, bulletin boards, chat rooms, forums, instant messaging sessions, newsgroups and other user-interactive areas (collectively “User-Interactive Areas”), and the Content or any such communications. We, however, will have no liability related to the Content of any such communications, whether or not arising under laws of copyright, libel, obscenity, privacy, trademark or otherwise.

If You submit any material to any of the User-Interactive Areas, You agree and represent that Your material: (i) is not offensive, obscene, or otherwise contrary to the laws of where such User-Interactive Areas may be accessed; (ii) is the original work of Your authorship or that You have the right to make the Submission without violating the copyright, trademark, patent or other intellectual property rights of any person or entity; and, (iii) is true and truthful and does not constitute libel, slander, invasion of privacy, defamation or any violation of law.

We retain the right to remove communications that include any material deemed abusive, offensive, obscene, defamatory, faulty, or otherwise inappropriate. Thus, if notified of an allegation that the Site contains damaging, defamatory, electronic communications, illegal or offensive records, information, infringing, materials, or other Content, We may, in Our sole discretion, investigate the allegation and determine whether to remove or request the removal of the same from the Site. Notices to Us regarding any alleged copyright infringement should be sent to [email protected].

You may be required to pay fees to access certain features of the Site. All fees shall be in USD and are non-refundable.

PRIVACY NOTICE

You may find our Privacy Notice here.

COPYRIGHT

Except as otherwise provide for herein, the Content contained and referenced herein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited. If You wish to reproduce any of the Content contained herein, please send e-mail request to [email protected]. Should you believe that Your work has been reproduced on the Site in a way that constitutes copyright infringement you may notify us in accordance with Title 17, United States Code, Section 512(c)(2).

TRADEMARKS

“ACRESWAPPER” is Our trademark, and except as provided in this Agreement, We do not grant You any rights thereunder. As such, the Site may not be used in any way varying with the provisions of this Agreement, without Our prior written permission.

All other company names, domain names, logos, service marks, trademarks (collectively “Other Trademarks”) referred to on the Site are company names, domain names, logos, service marks or trademarks of, or are otherwise the property of Us or Our affiliates or licensors. In countries where any of the company names, domain names, logos, service marks or trademarks are not registered, We claim other rights associated with company names, domain names, logos, service marks or unregistered trademarks. Other company names, domain names, logos, service marks, trademarks referred to on the Site may be trademarks of their respective owners.

OTHER INTELLECTUAL PROPERTY RIGHTS

All interest, right and title in and to the Content, and all intellectual property rights embodied therein, are the property of Us or Our affiliates, licensors, or suppliers.

Without limiting the foregoing, with respect to the Site, Content and Submissions (“Databases”) You agree and acknowledge that:

  1. The Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to Us, and that no proprietary rights are being transferred to You in such materials or in any of the Content contained therein;
  2. You will not, either indirectly or directly, use the Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
  3. You will not, either indirectly or directly, use the Databases and any other information contained therein in violation of any applicable laws or regulations, including but not limited to the use of automated processes to copy Content from the Site;
  4. You shall not publish or distribute in any medium Content, Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity;
  5. In the event of any misappropriation or misuse of the Content, Submissions, Databases, and any other information contained therein will cause serious damage to Us and that in such event money damages may not constitute sufficient compensation to Us; consequently;
  6. You may access up to 250,000 downloads each calendar month; and
  7. In the event of any misappropriation, misuse, and/or by surreptitious means of circumvention (as determined by Us) We shall have the right to terminate/limit/suspend Your access, obtain injunctive relief, and/or obtain any other remedies to which We may be entitled.

In addition, You acknowledge that the Content, Submissions, Databases, and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.

The names of actual companies, products, and services on the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. We do not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Site. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.

NOTICE OF ENFORCEMENT

We robustly enforce our intellectual property rights to the fullest extent under the law. Except as specifically contained herein, We will prosecute any unauthorized use or reproduction of any of the Content, Submissions, Databases, and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

LINKS

On the Site, links to other internet addresses (“External Sites”) can be accessed. Such External Sites contain information created, maintained, published, or otherwise posted by organizations independent of Our control and/or review. We do not approve, certify, endorse, maintain, or control these External Sites and do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such External Sites. We provide the links only as a convenience. Use of any information obtained from such External Sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, timeliness, or correct sequencing of information. Neither the inclusion of the link on the Site nor reference therein to any specific commercial product, process or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation or favoring by Us.

There may be circumstances where access to the Site is provided by a link located at an External Site. We have no responsibility for the content of such other websites. We do not make any representations or give any warranties or conditions with respect to any information contained in or at such other External Sites and We shall not be liable for any damages or injury arising from the Content of or access to any External Site. We do not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Site. Unless approved in writing in advance, You agree not to create any frames at any other websites pertaining to any of the Content located on the Site.

DISCLAIMERS

THE SITE MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THE SITE.

WE DO NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE CONTENT IN TERMS OF THEIR ACCURACY, APPLICABILITY, CORRECTNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY ACTIONS RESULTING FROM THE USE OF THE SITE. WE ASSUME NO RESPONSIBILITY FOR ANY RESULT OR CONSEQUENCE RELATED DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT YOU TAKE BASED UPON INFORMATION FROM THE SITE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.

LIMITATIONS ON LIABILITY

WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER VIRUS, DEFECT, DELAY IN OPERATION OF TRANSMISSION, ERROR, FAILURE OF PERFORMANCE, INTERRUPTION, OMISSION, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR BY AN AUTHORIZED REPRESENTATIVE, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO US, IF ANY, TO ACCESS THE SITE.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL ATTORNEYS’ FEES, CLAIMS, COSTS AND EXPENSES, DAMAGES, INJURIES, LIABILITIES, LOSSES, PROCEEDINGS, RELATING TO OR ARISING FROM:

  1. YOUR USE OF THE SITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE;
  2. ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH THE SITE;
  3. ANY BREACH BY YOU OF THIS USER AGREEMENT;
  4. AND ANY ACTIVITY RELATED TO YOUR USE (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR ACCOUNT.

RELEASE FOR FORCE MAJURE

You absolve and release Us and Our affiliates from any claim of harm resulting from any cause(s) over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

TERM AND TERMINATION

This Agreement will take effect at the time You click “I Agree” and/or access, browse or use the Site or any of the Content, and continues in perpetuity unless terminated by You and/or Us. We reserve the right, at any time and for any reason, without notice to You, (i) to deny You access to the Site and any of the Content; (ii) to change, remove or discontinue any of the Content or services available on or through the Site; or (iii) to terminate this Agreement.

You may terminate this Agreement at any time by destroying: (a) all of the Content obtained from the Site, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon Our request, You agree to certify in writing that all the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for any reason.

NOTICES

Any notice or other document or communication required or permitted hereunder to Us will be deemed to have been duly given only if in writing and delivered by email to [email protected] and receipt acknowledged by Us. Notices to Us shall be deemed delivered when actually received by Us.

Any notice or other document or communication required or permitted hereunder to You will be sent to the e-mail address that You provide to Us when You register. Such notice will be deemed received by You the next business day after the e-mail is sent.

Should You elect to send or receive e-mail communications of any kind to or from Us, You represent and warrant to Us that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.

JURISDICTION; COMPLIANCE WITH LAWS

Except as described otherwise, We control and operate the Site from the United States of America and make no representation that the Content is appropriate or available for use in other locations. If You use the Site from other locations, You are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria or Yugoslavia; (b) to anyone in the U.S. Treasury Department’s Specially Designated national list, or (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders. If You download or use the Content You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.

Access, browsing and use of the Ste, the Content and the terms and conditions of the user Agreement are governed by U.S. federal law and/or the laws of the State of Arizona, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.

ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO OR USE OF THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF ARIZONA, U.S.A.; YOU AGREE TO SUBMIT TO THE JURISDICTION OF ARIZONA, AND AGREE THAT VENUE IS PROPER IN ARIZONA, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

WAIVER

No delay or omission by Us to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Us of any of the agreements, covenants, or conditions to be performed by You will not be construed to be a waiver of any succeeding breach thereof, or of any covenant, condition or agreement herein contained.

SEVERABILITY

Any of the provisions in this Agreement that are found to be unenforceable or invalid, the remainder of the Agreement shall remain in full force.

NO PARTNERSHIP

The Site is an independent venture; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and Us.

CONTINUED USE DEEMED ACCEPTANCE

We reserve the right, at Our sole discretion, to change, alter, amend, or otherwise modify this Agreement from time to time. All modifications will be posted on the Site and such modifications will become effective immediately upon the posting thereof. After any such modification becomes effective, We will deem Your continued use of the Site or any of the Content to constitute Your acceptance of and agreement to such modification. It is Your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications.

ENTIRE AGREEMENT

This document constitutes the entirety of this Agreement between You and Us and Your use of the Site.