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Definitions:
DiscountedProperties.com, Inc. (hereafter known as "DiscountedProperties.com").Internet Database System ("DiscountedProperties.com System")
SUBSCRIBER'S WARRANTY:
Subscriber shall provide for all telephone lines, charges and other equipment necessary to access the DiscountedProperties.com System.
I understand that the information provided by DiscountedProperties.com is for my own personal and professional use and is not intended to be redistributed as an incentive or premium in the course of business activities.
I am also aware of the Real Estate Settlement Procedures act and fully understand that conveying a third party's product as a premium to induce business may be illegal.
DiscountedProperties.com SYSTEM IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER DiscountedProperties.com NOR ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE DiscountedProperties.com SYSTEM. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE.
SUBSCRIBER WILL NOT REPRODUCE, SELL, PUBLISH OR IN ANY MANNER COMMERCIALLY EXPLOIT ANY INFORMATION OBTAINED THROUGH THE RTI SYSTEM OR PARTICIPATE IN OR ALLOW SUCH REPRODUCTION, SALE, PUBLICATION OR EXPLOITATION BY ANY PERSON, EXCEPT WITH THE EXPRESS WRITTEN CONSENT OF DiscountedProperties.com.
SUBSCRIBER shall maintain confidentiality of its SUBSCRIBER password(s) at all times and take responsibility for its/their security.
This agreement is subject to credit approval at the discretion of DiscountedProperties.com and is subject to the terms and conditions hereof.
TERM OF CONTRACT:
This contract shall be EXTENDED AUTOMATICALLY at the then prevailing rates unless the SUBSCRIBER shall terminate this contract. SUBSCRIBER may terminate contract one of four ways: 1) by e-mail to a customer service e-mail address provided on the DiscountedProperties.com Internet site at least five (5) days prior to the end of the then current term; 2) by telephone to a customer service representative via a telephone number provided on the DiscountedProperties.com Internet site at least five (5) days prior to the end of the then current monthly term; 3) by selecting the "cancel" option under the subscription details section of the SUBSCRIBER'S online account up to the final day of the then current term; 4) by facsimile to number provided on the DiscountedProperties.com Internet site at least five (5) days prior to the end of the then current monthly term.
Termination of contract is effective when SUBSCRIBER receives confirmation message from DiscountedProperties.com one of four ways: 1) by e-mail; 2) by telephone; 3) on the SUBSCRIBER'S online account with RTI; 4) by facsimile.
BILLING AND PAYMENT:
SUBSCRIBER agrees to pay the Subscription Fee set forth on the face hereof in advance. Other charges as set forth are payable in arrears.
The Subscription Fee is NON-REFUNDABLE and accrues until cancelled whether or not SUBSCRIBER accesses the database or requests or obtains reports.
SUBSCRIBER also agrees to pay all additional fees for use of the System.
SUBSCRIBER'S first term's Subscription fee will be effective the date of the processing of the credit card charge.
SUBSCRIBER is responsible for and will be charged for any overdue account collection expenses including, but not limited to, agent fees, attorney fees, court cost and other associated expenses.
DiscountedProperties.com reserves the right to exclude SUBSCRIBER from access to the DiscountedProperties.com System or cancel Subscribers contract if SUBSCRIBER'S account becomes (60) sixty or more days delinquent until the Subscriber brings its account current or reinstates its account in writing.
INTRODUCTORY OFFERS:
DiscountedProperties.com reserves the right to offer introductory rates and specials limited to new customers only.
REFUNDS:
The Subscription Fee is NON-REFUNDABLE. However, SUBSCRIBER may be granted a period of three (3) calendar days after date and time the registration form is submitted on the DiscountedProperties.com Internet site to request and receive a refund from DiscountedProperties.com for the subscription fee. Refund requests can be made via e-mail or telephone and must be received and approved by DiscountedProperties.com within the three (3) calendar days.
ASSIGNMENT:
This agreement may not be assigned by SUBSCRIBER without DiscountedProperties.com prior written consent.
CONSEQUENTIAL DAMAGES:
Neither party shall be liable to the other party for any indirect, special or consequential damages.
FORCE MAJEURE:
Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of such parties. Such acts shall include, but not be limited to, acts of God, strikes, lock-outs, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes or other disasters.
COMPLIANCE:
Each party agrees that it will perform its obligations hereunder in accordance with all the acceptable laws, rules and regulations now or hereafter in effect.
SEVERABILITY:
If any term or provision of this agreement shall be found to be illegal or unenforceable then, notwithstanding, this agreement shall remain in full force and effect and such term and provision shall be deemed stricken.
AMENDMENTS:
No amendments of this agreement shall be effective unless it is in writing and signed by a duly authorized representative of both parties.
NON-WAIVER:
DiscountedProperties.com may accept any payment from any person tendering the same without thereby accepting such a person as a subscriber hereunder or waiving any breach of covenant or provision against assignment or transfer by SUBSCRIBER.
Waiver by DiscountedProperties.com of any breach of any provision of this agreement by SUBSCRIBER shall not operate or be construed as a waiver of any subsequent or other breach by SUBSCRIBER.
AUTHORITY:
Each party has full power and authority to enter into and perform this contract and the persons signing this contract on behalf of each has been properly authorized and empowered to enter into this contract.
Each party further acknowledges that it has read this agreement, understands it, and agrees to be bound by it.
ENTIRE AGREEMENT:
This contract constitutes the entire agreement between the parties with respect to this subject matter; all prior agreements, representation, statements, negotiations and undertakings are superseded hereby.
NOTICE:
Any notice required or permitted to be given hereunder, shall be in writing and shall be by certified mail to SUBSCRIBER at the address on the face hereof and to DiscountedProperties.com at: DiscountedProperties.com Inc., 1700-C Linton Lake Drive, Delray Beach, FL 33445.
OWNERSHIP AND DISSEMINATION OF THE DATABASE:
DiscountedProperties.com and its suppliers shall remain the exclusive owner of all rights, title, and interest in the database and data licensed hereunder and all copyrights and renewals thereof, heretofore or hereafter secured therein.
All publication, dissemination and other rights of the database and the data licensed hereunder are reserved for DiscountedProperties.com and its suppliers in all languages, formats and media throughout the world for the sole and exclusive use of any other disposition by DiscountedProperties.com or its assignees or grantees at anytime and from time to time without obligation or liability to the SUBSCRIBER.
DiscountedProperties.com reserves the right to exclude SUBSCRIBER from the database, without cause, and terminate all agreement with SUBSCRIBER.
RESPONSIBILITY FOR USE AND LIMITATION OF LIABILITY:
SUBSCRIBER assumes sole responsibility for all use of the database and data.
THE DATABASE AND DATA ARE MADE AVAILABLE TO SUBSCRIBERON A "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY, EXPRESSED OR IMPLIED. DiscountedProperties.com DISCLAIMS ANY WARRANTY THAT THE DATABASE IS ERROR-ERROR FREE OR THAT ACCESS to DiscountedProperties.com SYSTEM WILL BE UNITERRUPTED.
DiscountedProperties.com representatives are not authorized to assist with the performance of professional work. If SUBSCRIBER requests and receives assistance from DiscountedProperties.com personnel in researching any particular information, such assistance shall be at SUBSCRIBER's risk, and DiscountedProperties.com shall not have responsibility or liability with respect thereto. DiscountedProperties.com's full liability hereunder for any and all claims of damages, for any cause whatsoever, and regardless of the form of the actions, whether, in contract or tort, including negligence, shall be limited to the fee paid or payable by SUBSCRIBER for access to and use of the database and data during the period any events which are the basis for any such claim(s) occur.
IN NO EVENT SHALL DiscountedProperties.com BE LIABLE FOR ANY DAMAGES RESULTING FROM SUBSCRIBER'S INABILITY OR FAILURE TO PERFORM PROFESSIONAL WORK OR FOR ANY LOST PROFITS OR ANY OTHER CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES RELATING IN WHOLE OR PART TO SUBSCRIBER'S RIGHTS UNDER THIS AGREEMENT, EVEN IF DiscountedProperties.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL:
Any violation of this agreement will result in prosecution to the fullest extent of the law as allowed under Penal Code 502.
DiscountedProperties.com reserves the right to cancel any subscription, membership or service with, or without cause if a breach of the terms listed herein.
This contract and all of its terms pertains to Internet data as well as any other information provided online or offline by DiscountedProperties.com, its affiliates, distributors or successors.
Advanced fees are non-refundable and services are non-cancelable until the termination date of this contract. Prices are subject to change without notice.
DiscountedProperties.com Data has not been collected for credit purposes and is not intended to be indicative of any consumer’s credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of the Fair Credit Reporting Act ("FCRA"), 15 USC Section 1681a, and that DiscountedProperties.com does not intend to be a "consumer reporting agency" or to be furnishing "consumer reports" as such terms are defined in the FCRA. DiscountedProperties.com and Subscribers agree not to use any data, which is the subject of this Agreement, for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) specified by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq., as amended) or similar state of federal statute.
