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TERMS AND CONDITIONS
By using www.cashbuyerslists.com, including, but not limited to www.azsocialrealty.com, www.homecashoffersnow.com, www.reequityfinder.com or
www.reimarketingsolutions.com (each “site” and collectively, as used herein, the “site”), or using any of the products or services listed or obtained through the Site or from the Company (as such term is defined herein) (the “Products” ) you signify your assent to these Terms and Conditions in electronic form.
If you do not agree to all of these Terms and Conditions of use, do not use this Site or the Products.
The Site is owned by AZ Social Realty, LLC, a Utah limited liability company (“AZSR”) and operated by iIntercept Media, LLC, an Arizona limited liability company (“IIM” ). As used herein, each of IIM and AZSR are individually, and collectively, referred to herein as the “Company”. For the sake of clarity, the term “Company” shall therefore also apply to each of IIM and AZSR in their individual capacities. The Company may revise and update these Terms and Conditions at any time. Your continued usage of the Company Site or Products (as such term is defined herein) will mean that you accept those changes.
1. BECOMING A MEMBER OF AND REGISTERING FOR THE SERVICES
A. Accessing the Services and Becoming a Member. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD. Our Services are primarily intended to be utilized by residents of the United States and we may limit or restrict access to the Websites and Services based on your geographic or ISP location. While there are parts of the Services where access requires the payment of a fee (”Paid Services”), there is no cost to register to become a member of the Services. The specific Services available to you will vary depending upon (1) whether you register as a member, (2) the community affiliation(s) to which you have self-identified and (3) whether or not you choose to purchase Paid Services.
As used herein, the term “Products” shall include all products and services obtained from or through the Company, including but not limited to,(i) the initial materials as described on the Site (the “Cash Buyers Lists and/or RE Equity Finder”), (ii) the information and other data (the “Real Estate Data” ) provided to you by the Company on a monthly subscription basis (the “Data Subscription” ), (iii) the license of a domain name and web page (a “Squeeze Page”) , and (iv) the use of membership and software sites (the “Software”).
THIS SITE DOES NOT PROVIDE ANY REAL ESTATE ADVICE
Information on this Site is provided for informational purposes only and is not intended as a substitute for professional advice. You should not use the information on this Site for forecasting success and/or profitability with regard to the purchase and/or sale of real estate property. Reliance on any information provided by the Company Site or by Company employees, licensors, suppliers, consultants, affiliates or other agents is solely at your own risk.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND WE MAKE NO WARRANTY THAT THE INFORMATION ON THE SERVICES WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. YOUR USE OF THIS SITE AND THE PRODUCTS PROVIDED BY THIS SITE AND ADDITIONAL SITES AS OUTLINED IN THE TERMS AND CONDITIONS ARE EXPRESSLY USED AT YOUR OWN RISK.
All information contained on our Site AND PRODUCTS, including information relating to real estate is for informational purposes only. You should not use the information contained on this Site for the purpose of measuring any type of success OR PROFITABILITY with regard to the purchase and/or sale of any real estate property OR ANY RELATED TRANSACTIONS.
Further, we explicitly disclaim any responsibility for any OF OUR PRODUCTS or the accuracy, content, or availability of information found on other Sites that contain links to our Site. Because some Sites employ automated search results or otherwise link you to Sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party Sites, and you hereby irrevocably waive any claim against us with respect to such Sites.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
LICENSE AND SITE ACCESS
The Company grants you a limited license to access and make personal use of this Site and each Squeeze Page (if applicable) and not to download or modify them, or any portion of them, except with express consent of the Company. This license does not include any resale or commercial use of this Site or its contents; any collections and use of any services listings, reports, descriptions, or prices; any derivative use of this Site, a Squeeze Page or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose other than expressly allowed under these Terms and Conditions or without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so.
You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of cashbuyerslists.com so long as the link does not portray Company, its Products, its affiliates, or their goods/services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
In connection with your Squeeze Page, you shall not upload, post, transmit, share, store or otherwise make available any content that the Company deems, in its sole and absolute discretion, to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You are solely responsible for the content that you upload, publish or display (hereinafter, “post”) on or through your Squeeze Page, or transmit to or share with third-parties (collectively, the “Content”). You may not post, transmit, or share Content on or through your Squeeze Page that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review your Squeeze Page and may delete or remove (without notice) any Content in its discretion, for any reason or no reason, including Content that in the sole judgment of the Company violates these Terms and Conditions.
You shall not reproduce, resell, republish or undertake any such similar use of the Products including the Real Estate Data. You do not acquire any propriety rights in or to the Real Estate Data, which rights remaining with the Company or the Company’s suppliers or licensors, and you acknowledge that the Products (including the Real Estate Data) are a valuable commercial product, the development of which has involved the expenditure of substantial time and money. You acknowledge that the Real Estate Data is sourced from public documents or statistical calculations, is provided on a “as is, as available” basis with all faults and defects, and the Company’s licensors and suppliers do not make any warranties as set forth in the disclaimer section above.
The Company owns and operates this Site and the information, materials, product names and services available on it. The Company also owns the Products (including any Squeeze Pages) and the information and materials available in connection therewith. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of the Company, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site or contained in the Products is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyrights laws. You acknowledge that the domain name associated with any Squeeze Page is owned exclusively by the Company and your rights to use the domain name and Squeeze Page shall automatically terminate should you terminate your Data Subscription or subscription to such Squeeze Page.
If you use this Site, you are responsible for maintaining the confidentiality of your account (if applicable) and password and for restricting access to your computer. Access to our site is for 364 days, at which point you as the subscriber has the option to renew (if subscription is purchased and applicable). You also agree to accept responsibility for all activities that occur under your account or password, or in connection with any Squeeze Page (if applicable). The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You agree to provide true, accurate, current and complete information about yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of your credit card, you shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.
The Company may terminate its agreement with you immediately upon the occurrence of any one or more of the following events: (i) you fail to pay when due any amounts owed; (ii) you become insolvent, make an assignment for the benefit of creditors, institute or become subject to any proceeding under any bankruptcy or other similar laws for the relief of debtors, or seek the appointment of, or become subject to the appointment of, any trustee or receiver; or (iii) you breach any term or provision of this agreement.
Access to some of the Services (referring to the purchase of services provided by in part or entirely by AZ Social Realty, Cash Buyers Lists, REI Marketing Solutions, Home Cash Offers Now and/or RE Equity Finder requires the purchase of Paid Services. If you elect to purchase Paid Services, you agree to our storage of your payment information and understand that your Paid Services are personal to you, such that you may not transfer or make available your account name (and/or registration number) and password to others. Any distribution by you of your account name and password may result in cancellation of your Paid Services without refund and/or additional charges based on unauthorized use. We reserve the right, from time to time, to change the Paid Services, with or without prior notice to you.
Payment. Prices for all Paid Services are in U.S. dollars and exclude any and all applicable taxes, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. If you purchase Paid Services, you agree to pay, using a valid credit or debit card or other form of payment that we may accept from time to time (“Payment Method”), the applicable fees and taxes (if any) set forth in the offer that you accepted. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated Payment Method on the terms described in the specific offer. If payment cannot be charged to your Payment Method or your payment is returned to us for any reason, we reserve the right to either suspend or terminate your access to the unpaid-for Paid Services. It is your responsibility to ensure that sufficient funds are available to cover the charges for the Paid Services, and we have no liability for any overdraft or other fees that you may incur as a result of our processing of your payment.
Automatic Renewal Program. Upon your acceptance of an offer for the purchase of any subscription-based Paid Services, you will be enrolled in our automatic renewal program to help ensure that there is no interruption in your access to such Paid Services. Under this program, you authorize us to automatically renew your subscription at the end of the term of the subscription you purchased, and each subsequent term, for the same term length of the subscription you initially purchased (unless otherwise stated in the offer you accepted). Unless you change your renewal status as described below, at the time of each such renewal you authorize us to charge your designated Payment Method at the then-current, non-promotional price (unless otherwise stated in the offer you accepted) for the renewal of your subscription. If you no longer want to be enrolled in our automatic renewal program, you can change your renewal status at any time by completing the following steps:
Cash Buyers Lists – email email@example.com requesting cancellation or by calling 480-579-5181
RE Equity Finders – email firstname.lastname@example.org requesting cancellation or by calling 480-579-5181.
Please note that completing these steps will only stop future automatic renewals of your subscription and will not impact any automatic renewals that occurred prior to the date that you completed these steps.
Current Information. You must provide us with current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify us if your Payment Method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by accessing the Account portion of the applicable Website or by contacting the applicable Customer Support number noted above. If you fail to provide us with any of the foregoing information, you agree that you are responsible for fees accrued under your Payment Method. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
When you purchase products from the Company, the Company has the right to contact you via email, phone call, text message or other messaging technology to discuss your account and additional services or products the Company provides. Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Site or any Squeeze Page, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. Additionally, Company is free to use any ideas, concepts, know-how or techniques contained in your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Except where noted otherwise, all prices displayed for Products represent the full retail price listed. Price and availability information on our Site are subject to change without notice. If you terminate any subscription offered through the Site, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Unless you cancel in writing, Company will continue to bill your credit card on a monthly basis, and you may receive an electronic invoice with the payment information included.
If you terminate your Data Subscription, your access and license to each of your Squeeze Pages (if applicable) shall also automatically terminate. In the event of a chargeback, Company will immediately terminate your account. Payments returned to the Company for insufficient funds will result in a service charge fee of the maximum allowable returned check fee under applicable law.
RETURNS AND REFUND POLICY
All digital products and downloads, including but not limited to: Music files, Word Documents, PDF Documents, MS Excel Documents or Flash Player Media or any other media displayed and accessed on this website are non-refundable. Product is in the form of a list/report for a specified area/state, however lists are provided based on county, city and or zip code within a given area/state and not the entire state of choice. Requests made for a specific county within a specific state must be followed by a specific city or specific zip code in order to complete search request. We do not provide entire specific state or entire county as a stand alone individual list/report. As the search parameters narrow search results may also narrow. We do not issue refunds for digital products once the order is confirmed and the product is sent via, but not limited to; electronic email, postal mail, courier or any combination of delivery service. All digital products not redeemed by purchaser within 30 days of original purchase date will be declared forfeited by purchaser and a new digital product must be re-purchased.
Fees for the Cash Buyers Lists are posted on our Website. By purchasing any one of the Cash Buyers Lists, you agree to pay using a valid credit card, Paypal or other legitimate payment method and affirm that you are authorized to use such payment method.
Company does not issue refunds. Company will use reasonable efforts to provide accurate, complete and up to date information, and customer accepts that the Service is provided "AS IS". Customer is paying for Company to conduct a search on his/her behalf, not to return any particular result. Unless we state in writing otherwise, all fees and charges for lists/reports are nonrefundable. Any issues, questions or concerns about a particular purchase must be raised within 7 days of purchase, and customer explicitly agrees to waive all issues, questions and concerns after such time.
Guaranteed Results - Company products come with a limited guarantee. This guarantee generally means that if your search does not return any results, at Company's sole discretion will refund your full purchase price or credit you for a new search. To understand how this guarantee applies to different products offered by Company, please refer to our FAQ about what the guarantee covers.
Payments, Refunds and Fraud - Fees for the lists/reports provided by company are posted on our Website. By purchasing any one of the Company's lists/reports, you agree to pay using a valid credit card, Paypal or other legitimate payment method and affirm you are authorized to use such payment method. You are responsible for (and must pay for) all purchases of the Service by individuals using your account. If you suspect unauthorized use of your account is taking place, you must notify us immediately.
If you have additional questions or need assistance please contact email@example.com
All fees relating to Paid Services, including the initial fees and any subsequent automatic renewal fees (as described above), are non-refundable. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may in our discretion cancel your Paid Services immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your Paid Services reinstated.
In the event you wish to purchase any Products, you will be asked by Company or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card or bank account information. You agree to provide Company or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the Products. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes, including sales or use taxes. Other than personally identifiable information, which is subject to this Site’s Privacy Notice, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner is and will be considered non-confidential and non-proprietary.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. WE, OUR PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Except as specifically stated on this Site, neither Company nor any of its officers, directors, managers, employees, shareholders, members, affiliates, LICENSORS, SUPPLIERS, agents or other representatives will be liable for any damages arising out of or in connection with the use of this Site or THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, the information OR services PROVIDED IN CONNECTION THEREWITH). This is a comprehensive limitation of liability that applies to all damages of any kind including, but not limited to, compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss or damages to property, and claims of third parties. THE Company’s liability to you shall in no event exceed the amount you have paid to the Company during the previous SIX (6) months.
The Company will use its best efforts to protect the data entered by you on its Site; however, Company does not guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the Internet.
FCRA Restrictions. We are not a consumer reporting agency as defined by the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), and the information in our databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined by the FCRA. You shall not use Cash Buyers Lists or RE Equity Finders Services to evaluate a person’s eligibility for consumer credit, insurance, employment, housing or any other purpose specified in the FCRA, Federal Trade Commission or court interpretations of the FCRA, or similar statutes or determinations.
Additional Restrictions. When using the Cash Buyers Lists or RE Equity Finder Services, you should not assume that the data available through these Services include a complete or accurate history of any person’s communication methods including but not limited to email addresses and/or phone numbers as well as other information. The data contained in the databases used by Cash Buyers Lists and/or RE Equity Finder have been compiled from publicly available information (such as from court records, phone directories, social networks, business websites, and other public sources) and other proprietary sources for the specific purposes of locating individuals and/or providing general background information about individuals. WE HAVE NOT VERIFIED THE DATA OR INFORMATION AVAILABLE THROUGH THE SERVICES AND DO NOT WARRANT ITS ACCURACY, LEGITIMACY, TIMELINESS, LEGALITY OR COMPLETENESS. ANY DATA OR INFORMATION PURCHASED FROM US VIA THE SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT.
OUR PROPERTY RIGHTS The Services, and all of the content, information and other material that they contain, other than the Content posted by our users, are owned by us, or our third party licensors, and are protected by intellectual property and other rights and laws throughout the world. Subject to your compliance with these Terms of Service, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license for the period of your membership to access the Services and view any materials available on the Services for the sole purpose of using the Services. Aside from this limited license, nothing found on the Services maybe copied, reproduced, republished, distributed, sold, licensed, transferred or modified without our express written permission. In addition, the trademarks, logos and service marks displayed on the Services are our property or the property of our licensors. This Agreement does not grant you any right or license with respect to any such trademarks, logos or service marks. If you are aware of Materials on the Services that infringes the copyright or other right of a third party, please contact us through the Copyright Infringement Policy process, which is described in Section 10 below.
You shall indemnify and hold harmless, and at our request, defend us, our parents, subsidiaries, and other affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Services, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in these Terms of Service. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates. In addition, you agree to indemnify, defend, and hold harmless Company, its officers, directors, managers, employees, shareholders, members, agents, providers, merchants, sponsors, licensors, suppliers, and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) by you or any third-party resulting or arising, directly or indirectly, out of your use of the Site, the Products (including, without limitation, the Real Estate Data and any Splash Page) or your violation of these Terms and Conditions.
APPLICABLE LAW; JURISDICTION AND VENUE
We make no representation that the content on the Site or the Products are appropriate, legal or available for use in other locations outside the United States. Those who choose to access the Site or Products from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Site, Products or content provided through the Site shall be governed by the internal laws of the State of Arizona, without reference to its choice of law provisions. Any dispute relating in any way to your visit or use of the Site must be submitted to confidential arbitration in Maricopa County, Arizona except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and
Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Nothing in these Terms and Conditions creates the relationship of principal and agent, partner, or joint venture partnership. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party. In connection with your use of the Site and the Products, you shall not represent yourself as a real estate agent, mortgage broker or in any other licensee capacity unless you hold a valid license thereto. In addition, you shall not use any forms or letters contained in the Products of the Company which are designed for licensed professionals (real estate agents, mortgage brokers and the like) unless you hold a valid license. You agree that you shall be fully responsible for any and all actions, inactions or other business dealing you or any third-parties take in connection with, or arising out of, your use of the Site or the Products, and the Company shall not be liable to you or any third-party in any manner in connection therewith.
These Terms and Conditions represent the entire agreement between the parties with respect to the subject matter thereof, and supersede all previous agreements, whether oral or written. You have the right to receive these Terms and Conditions in non-electronic form. You may request a non-electronic copy of these Terms and Conditions either before or after you electronically accept these Terms and Conditions. To receive a non-electronic copy of these Terms and Conditions, please send an e-mail to firstname.lastname@example.org or a letter and self-addressed stamped envelope to:
AZSR LLC, 1776 N Scottsdale Rd. Box 8464, Scottsdale, Arizona 85257
The Company will use its commercially reasonable efforts to respond to all inquiries within 7 to 10 business days from receipt of request.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Company reserves the right to make changes to its Site, Products, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Your use of the Site or Products shall be void where prohibited by law.
The Company truly believes in keeping your information confidential. We will only use your personal information for the purposes of enhancing your Company experience. By visiting the Site or a Squeeze Page, you are accepting the practices described in this Privacy Notice.
The Company Site does not knowingly collect or use any personal information from children under the age of 18 without obtaining verifiable parental consent. The Company also does not sell any Products for purchase by those under the age of 18. If you are under 18, you may only use the Site, a Squeeze Page, or Products with the involvement of a parent or guardian.
MEGER OR SALE OF ASSETS
The Company, its parent (if applicable), subsidiaries or affiliates, could merge with or be acquired by another business entity, or all or substantially all of their respective assets could be acquired. Should such a combination, acquisition or transaction occur, you should expect that the Company will share some or all of your personally identifiable information with the acquiring or merged entity in order to continue serving you and others with information, updates and offers concerning the Site, Squeeze Pages or Products.
DISCLOSURE OF PERSONAL INFORMATION
The Company may enter into marketing relationships with advertisers or other companies that provide products or services that we believe may be of interest to you. The Company will share your name, address, e-mail address and/or telephone number (“Personal Information”) with those marketing partners in order to help them send you information that we believe will be beneficial to you. We may share non-identifiable aggregated information with these companies. We will not disclose your credit card or bank account information for these purposes. The Company may also provide Personal Information to any of its affiliated businesses.
Though we make every effort to preserve your privacy we may need to disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or to comply with a legal process served on the Company, the Site or the Squeeze Pages.
AVAILABILITY OF SERVICES
We do not provide you with access to the Internet or the equipment necessary to access the Internet or the Services. You are responsible for the fees charged by others to obtain access to the Services and for obtaining the equipment necessary to access the Services. From time to time we may modify, suspend or discontinue any of the Services with or without notice to you. We shall not be liable to you for any such modification, suspension or discontinuance. We may establish certain policies and practices concerning use of the Services, such as the maximum number of email messages, message board postings or other Content that can be sent through the Services and the number of days that these items will be retained on our systems. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.
We may allow other companies to offer you products and services, including offers through the Services. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that we shall not be liable for any costs or damages you may incur resulting from your decision to enter into such transactions.
LINKING TO OR FROM THE SERVICES
You cannot link to the Services without our prior written consent. While the Services may have links to the websites of third parties, we have no control over those websites. We are not responsible or liable for any content, advertising, products, services, information or other materials on or available from those websites. We are also not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services, information or other materials on those websites.
You may terminate your account, for any or no reason, at any time by contacting Customer Support through the applicable Website (see Section Automatic Renewal Program above for more information about termination of Paid Services). We may terminate your account, for any or no reason, at any time, with or without notice. If we determine, in our sole discretion, that you are not in compliance with these Terms of Service, we reserve the right to restrict, suspend or terminate your account. Upon any termination of your account, we may immediately deactivate or delete your account and all related information and/or bar any further access to your account, Content or information. If you have purchased Paid Services from us, any termination by you, or by us with cause, is subject to the no-refund policy described above.
COPYRIGHT INFRINGEMENT POLICY
In compliance with the Digital Millennium Copyright Act ("DMCA"), we have established the procedure outlined below to address alleged copyright infringement on the Services. If you believe that your work has been copied and has been posted on the Services in a way that constitutes copyright infringement, you may provide us with notice of your complaint by providing our Designated Copyright Agent with the following information in writing:
1. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
To be effective, your notification must be in writing and include the above information. Our Designated Copyright Agent to receive your notification is:
Name of Agent: Intellectual Property Manager
Address: PO Box 8464 Scottsdale, AZ 85252
Telephone Number of Designated Agent: 480-579-5181
Email Address Designated Agent: email@example.com
We, in our sole discretion, reserve the right to refuse additional Content from members who have posted allegedly infringing material, to delete the material, and/or to terminate such members' accounts.
After receiving a notification, we will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.
If you are subject to a notification, you may provide us with a counter notification by providing our Designated Copyright Agent the following information in writing:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.Upon receipt of a proper counter notification under the DMCA (as set forth above), we will promptly provide the person who provided the initial notification with a copy of the counter notification and inform that person that we will reinstate the removed material or cease disabling access to it in ten (10) business days. Additionally, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the counter notice, unless our Designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services.
SECURITY OF INFORMATION
Company protects the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
If a physical product is included in your purchase. the product will arrive within 7-14 business days following the purchase. If you have any questions about the shipping of your order please email us at firstname.lastname@example.org or 480-579-5181
HOW TO CONTACT US
Please relay any questions you may have pertaining to our above stated policies to our 24 hour voicemail service at 480-579-5181, or email us at email@example.com.
TERMS AND CONDITIONS AND/OR PRIVACY NOTICE CHANGES
If the Company makes changes to any of the Terms and Conditions and/or the Privacy Notice, the changes will be posted in this document so that you will always know what information we gather, how we might use that information and to whom we will disclose it. We reserve the right to change, modify, add or remove portions of the Terms and Conditions and/or this Privacy Notice at any time, and any changes will become effective immediately upon being posted unless Company advises you otherwise. Your continued use of the Site and/or the Products after the Terms and Conditions and/or this Privacy Notice has been amended shall be deemed to be your continued acceptance of the Terms and Conditions and/or the Privacy Notice, as amended (unless you provide written notice to the Company specifically stating that you do not agree to such change or amendment). You should visit this page from time to time to review the then current Terms and Conditions and Privacy Notice because they are binding on you. Certain provisions of these Terms and Conditions and Privacy Notice may be superseded by legal notices or terms located on particular pages of this Site or provided in connection with the Products.
Limitation of Liability - COMPANY DOES NOT WARRANT THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY OF THE DATA AVAILABLE THROUGH OUR SERVICE. ANY INFORMATION PURCHASED FROM CASH BUYERS LISTS IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT.
Company, its affiliates, agents and employees are not liable to any party for any special, consequential, punitive, direct, or indirect damages for any reliance or use upon the Service, including but not limited to, business interruption, lost profits, loss of programs or other data, even if Company is expressly advised of the possibility of such damages. In addition, Company, its affiliates, agents and employees are not liable to any party for any special, consequential, direct, or indirect damages for any communication or contact between our customers and their search subjects.
COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY INJURY OR DAMAGE THAT YOU MAY CAUSE TO YOURSELF, OTHERS, OR PROPERTY WHEN USING OUR SERVICE. Company has no control over how you may use our Service and does not attest to the validity of any information found herein. Use our Service at your own risk.
This section describes what rights the parties possess if they have a dispute.
1. Providing Notice of a Claim. The parties agree to arbitrate all disputes and claims between them ("Disputes or Claims"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) Disputes or Claims related in any way to the Services, billing, privacy, advertising or our communications with you; (2) Disputes or Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (3) Disputes or Claims that arose before your agreement to these Terms of Services or any prior agreement; (4) Disputes or Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (5) Disputes or Claims that may arise after the termination of your use of the Services.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). Notice to us must be sent to our customer support address at: AZ Social Realty Dispute Resolution, AZ Social Realty LLC, PO BOX, 8464 Scottsdale, AZ 85252 Attention: Legal Department. The Notice must include: (1) the nature and basis of your Dispute or Claim; (2) identification or enclosure of all relevant documents and information; and (3) a description of the specific relief that you seek from us.
2. Providing Us an Opportunity to Informally Resolve Your Dispute. Before you may pursue or participate in any Dispute or Claim (or raise such Dispute or Claim as a defense) in small claims court or in arbitration against us, you must first send the Notice described above, and you must allow us a reasonable opportunity to resolve your Dispute or Claim. After we receive your Notice, the parties agree to negotiate in good faith with each other to try to resolve your Dispute or Claim.3. Agreement to Participate in Binding Arbitration. If the parties do not reach a resolution of your Dispute or Claim within thirty (30) days after we receive your written Notice, you may pursue your Dispute or Claim in arbitration or, solely to the extent specifically provided below, in small claims court. If the parties cannot reach an informal resolution to the Dispute or Claim within thirty (30) days after our receipt of your Notice, you may commence an arbitration proceeding by sending an arbitration demand ("Arbitration Demand") to the following address: AZ Social Realty Dispute Resolution, AZ Social Realty LLC, PO BOX, 8464 Scottsdale, AZ 85252 Attention: Legal Department. The parties agree to arbitrate any Dispute or Claim between them, except to the extent either party chooses to instead pursue the Dispute or Claim in small claims court as provided below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
YOU AND WE AGREE THAT:
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER PARTY SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL DISPUTE OR CLAIM. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S DISPUTES OR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. WE DO NOT CONSENT TO CLASS ARBITRATION. ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THE ABOVE PROVISIONS REGARDING CLASS OR REPRESENTATIVE ACTIONS, THEN THIS AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A DISPUTE OR CLAIM PROCEEDS IN COURT OR IN ARBITRATION, THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
This arbitration agreement covers any Dispute or Claim arising out of or relating to any aspect of the relationship between the parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the Dispute or Claim arises or may arise before or after the period(s) during which you are receiving the Services. For purposes of this arbitration provision, references to "we" and "us" include AZ Social Realty LLC, its affiliates, and each such entity's respective directors, officers, employees, shareholders, agents, suppliers and assignees. The AAA Rules evidence a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this section.
The parties must bring any Dispute or Claim arising out of or related to the AAA Rules, or the relationship between them, within two (2) years after the Dispute or Claim arises, or the Dispute or Claim will be permanently barred. To the extent the law applicable under the Governing Law section below makes this limitations period unenforceable with respect to any Dispute(s) or Claim(s), then the statutes of limitations of the state whose laws govern the AAA Rules under the Governing Law section below shall apply.
We may make changes to this arbitration provision during the term of our services to you. You may reject any material changes by sending us written objection within thirty (30) days of the change to AZ Social Realty Dispute Resolution, AZ Social Realty LLC, PO BOX, 8464 Scottsdale, AZ 85252 Attention: Legal Department. By rejecting any future material change, you are agreeing to arbitrate in accordance with the language of this provision.
4. Small Claims Court. You may choose to pursue your Dispute or Claim in small claims court rather than by arbitration if your Dispute or Claim qualifies for small claims court in a location where jurisdiction and venue over you and us is proper.
5. Governing Law. The AAA Rules, and any Dispute or Claim arising between the parties related in any way to the AAA Rules or the Service, including but not limited to any Dispute or Claim over billing, service, privacy, advertising or our communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the state in which you reside (except that, if you reside outside of the United States, the laws of the State of Washington will govern), without regard to choice of law principles.