Subscription Service Agreement
Service Provider reserves the right to add, delete or modify Subscriber services as it sees fit at any time without notice or liability to Subscriber. We also reserve the right to change the terms of this Agreement from time to time, upon notice to you, without liability to you, and your continued use of the Subscriber services after such notice constitutes your acceptance of and agreement to any such changes.
- In exchange for Service Provider's information on mortgage foreclosures, comparable property information, and/or other information which will be provided to you via electronic mail and through the Web Site, Service Provider will charge you a non-refundable subscription fee according to the then-current rate schedule available on the Web Site. Said charge shall recur according to the applicable rate schedule: (monthly - 30 days, quarterly - 90 days, semi-annual - 180 days, yearly - 365 days) from the subscription date until Subscriber notifies Service Provider in writing that Subscriber wishes to terminate the subscription. Such fee and/or payment terms may be subject to change based on the sole discretion of Service Provider and upon notice to you.
- Cancelations must be received by Service Provider at least 5 days prior to the beginning of the next billing cycle in order for Subscriber to avoid charges for that billing cycle. Cancellations must be made in one of the two following ways (1) must be sent via traceable courier to 609 N Church St #5, Mount Pleasant PA 15666. (2) Submitted via the online form located at www.defaultresearch.com/contact.
- Subscriber authorizes Service Provider to electronically debt their credit/debit card or checking account on a recurring basis as indicated in Section I(A). This authorization will remain in effect until Subscriber notifies Service Provider in writing as set forth in Section I(b).
- Except as specifically set forth in Section I(D), all sales and subscription fees, including but not limited to recurring charges, are final. Your sole remedy, and Service Provider's sole obligation, in the event you do not wish to continue subscribing for Service Provider's services or are unhappy with the current services, is to cancel your subscription as set forth above. Service Provider has a NO REFUND or RETURN policy.
- If any Subscriber payment is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 15 percent per annum on the outstanding balance, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges and/or any other outstanding balance (if any), plus this assessment, will become immediately due and payable. The User shall pay all costs of collection, including legal fees, incurred by Service Provider. Furthermore each chargebacks, reversals and returned checks will be assessed a $35 administrative fee, in addition Subscriber will be responsible for all fees incurred by the Service Provider.
- Promotional codes may be provided to Subscribers at the Service Provider's discretion. All promotional codes apply only to the initial term of the subscription. After the initial term Service Provider will charge you a non-refundable subscription fee according to the then-current rate schedule available on the Web Site.
- Service Provider offers a "7 Day Money Back Guarantee". If Subscriber is not satisfied with services and wish to cancel within the first 7 days, a full refund will be issued to Subscriber. To be eligible for a refund, all of the following criteria must be met : (1) Client must complete and return a Refund Request Form (http://www.defaultresearch.com/rrf.pdf) within 7 days (or 168 hours) from the date of purchase. (2) Only first time accounts are eligible for a refund. If Subscriber has had an account with Service Provider before and canceled and signed up again, Subscriber will not be eligible for a refund. If Subscriber has added additional counties or states, Subscriber will not be eligible for a refund. (3) Subscriber must destroy and cease from using any data obtained from Service Provider.
- Upon your registration as a Subscriber, you are granted a limited, nonexclusive, non-assignable and nontransferable license to use the mortgage foreclosure information and/or other related services subscribed for by you and provided by Service Provider. You may use the information provided solely for your personal use or the use of your single company or entity. No other copying, reproduction, or redistribution of information is permitted under this license.
DISCLAIMERS OF WARRANTIES
- Service Provider is not responsible for (1) The content, quality, integrity, performance or any other aspect of the information provided, or transmitted via the Web Site. (2) Errors or problems related to transmission of data.
- Service Provider and its suppliers and/or licensors make no warranties of any kind, expressed or implied, in connection with the services provided hereunder. We make no warranties of non-infringement, accuracy or completeness or any other warranties concerning any information provided to you. These services are provided with all faults, and Subscriber assumes the entire risk as to satisfactory quality, performance, accuracy and effort. Service Provider specifically disclaims all warranties of timely or accurate delivery of information or services, accuracy or append rate of phone number, and number of records delivered. SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF FITNESS, PURPOSE, OR MERCHANTABILITY, REGARDING YOUR SUBSCRIPTION TO THE SERVICES OFFERED VIA THE WEB SITE OR YOUR USE OF ANY SUBSCRIPTION SERVICES AVAILABLE VIA THE WEB SITE OR OF THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SAME. YOUR USE OF THE SUBSCRIBER SERVICES AND THE PROVISION OF YOUR CREDIT CARD AND/OR RELATED INFORMATION SHALL BE AT YOUR SOLE RISK AND DISCRETION.
LIMITATION OF LIABILITY
- The breach of any representation, warranty, obligation or covenant agreed to by Subscriber in this Agreement.
- The use of the Subscriber services provided via the Web Site or Email.
- The illegality, reliability, appropriateness, originality, or copyright of any submission or post made by you in connection with the Subscriber services; and/or any other act or omission on your part. This clause shall also be effective against Subscriber's representatives and assignees.
CONSTRUCTION OF THIS AGREEMENT
- The terms and conditions included or incorporated by reference in this Agreement constitute the entire Agreement between the parties on the subjects covered by this Agreement.
- This Agreement shall be construed as a whole and not in favor of either party. For example, no provision shall be construed against the party responsible for the language of the provision. Each provision shall be given its fair meaning. The paragraph headings have been added for convenience and shall not be used to interpret the Agreement.
- If any part of this Agreement is determined to be invalid or unenforceable, including but not limited to, the warranty disclaimer and liability limitations, the remainder of the Agreement shall continue in effect and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
- This Agreement shall be governed by the laws of the United States and the Commonwealth of Pennsylvania and the parties expressly agree to waive any choice of law rules which would result in the application of any other law to the construction or validity of this Agreement.
- The parties agree to jurisdiction and venue exclusively in State Court in Westmoreland County, Pennsylvania for any litigation arising out of or relating to this Agreement. In actions related to this Agreement where Federal Courts have jurisdiction, the parties agree to jurisdiction and venue exclusively in the Federal Courts in the Western District of Pennsylvania.
Customer acknowledges that Customer has read this Agreement and voluntarily agrees to all of its terms and conditions, without modification. Customer has independently evaluated the desirability of entering into this Agreement and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement. By signing below, you agree that you, as an authorized representative of Subscriber, have read this Agreement and agree that you accept the terms and conditions contained herein.