DEFAULT RESEARCH, INC. WEB SITE TERMS OF USE
Updated 8/9/2008
These Default Research, Inc. Web Site Terms of Use ("Terms of Use") explain the contractual agreement between you, the person using this web site ("Web Site") and Default Research, Inc., ("Default Research", "we", "us", "our") regarding your use of the WebSite. If you do not accept these Terms of Use, you are not authorized to use the Web Site. We reserve the right to change these Terms of Use from time to time, without liability to you, and your continued use of this Web Site constitutes your acceptance of and agreement with any such changes.
BACKGROUND
Default Research is a resource for foreclosure listings and educational materials regarding foreclosure. We provide certain information about our products and services, and certain other third party information via the Web Site. We may add, delete or modify some or all of our products, services and/or information at any time.
USERS
The Web Site provides a venue for users to access information and services. There are different types of users of our Web Site. General users ("Users") only have the capability to navigate through the Web Site and research the types of services we offer. Subscription users ("Subscribers") are users that pay fees to use our products and services in different capacities, including, without limitation, utilization of mortgage foreclosure information.
INFORMATION POSTED ON WEB SITE
Except for information which is maintained as private in accordance with our Privacy Policy, information posted to our Web Site is public. You are solely responsible for information which you post on our Web Site, including but not limited to any positing or listing in any public message area or through any e-mail or subscription feature. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to this information. We reserve the right to take any action with respect to information posted on our Web Site which we believe is appropriate in our sole discretion including but not limited to, removal of such information and/or termination of your rights of use. However, we cannot, nor do we, control the information provided by users or other content providers which is made available through our system. Information posted on the Web Site is provided "AS IS" and may contain technical or other inaccuracies or typographical errors. Information may be changed or updated without notice. Default Research may also make improvements and/or changes to the products and services described on or offered via the Web Site at any time without notice. Any information contained on the Web Site does not represent a commitment on the part of Default Research in the future. We do not endorse any information posted by third parties on the Web Site and we are not liable for any such information, including but not limited to any information posted about you.
UPDATES TO TERMS OF USE
We may amend these Terms of Use at any time by posting the amended Terms of Use on the Web Site. Your continued use of the Web Site after the posting of the amended Terms of Use constitutes your automatic acceptance of the amended Terms of Use.
PROHIBITED ACTIVITIES
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, denial-of-service attacks, other malicious code or repeated "hacks" or "attacks" on web server(s), intended to damage or interfere with the proper working of the Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
THIRD PARTY LINKS, CONTENT AND TERMS OF USE
The Web Site may contain information or other functionality provided by various third party providers. The Web Site may also contain links to third-party web sites not under the control or operation of Default Research. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked Web Site or any link contained in a linked site. Use of any third party information or functionality may be conditioned upon terms and conditions of such third party providers. Your use of the Web Site constitutes your acceptance of any such third party terms and conditions.
PRIVACY
You agree to be bound by the terms of our <privacy policy>, which is posted on the Web Site and incorporated herein by reference. We may amend the Privacy Policy from time to time. If you are not in compliance with the Privacy Policy at any time, we have the right to terminate your rights of use and access to the Web Site. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
OUR RELATIONSHIP
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use. These Terms of Use are an agreement between you and Default Research and are not intended to be for the benefit of any third party.
OWNERSHIP
The Web Site and all intellectual property rights included in or related to the Web Site (including but not limited to any information databases, copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in and to the Web Site and the intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Web Site and any content, information or functionality contained therein. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Web Site or its content.
LAWS AND REGULATIONS
You hereby agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Web Site and the information and content provided via the Web Site; and (ii) release of information to and retrieval of information from the Web Site and any Default Research database. To the extent that any taxes apply to your use of the Web Site, you are responsible for the payment of such taxes.
TERMINATION
If at any time you are not in compliance with these Terms of Use, or if we are unable to verify or authenticate any information you release to us, we have the right to terminate your rights of use and your access to the Web Site. We also have the right to terminate your use of and/or access to the Web Site at our discretion, for any reason or no reason.
NO WARRANTY
WE PROVIDE THE WEB SITE, THE PRODUCTS, OUR SERVICES AND THE INFORMATION PROVIDED VIA THE WEB SITE "AS IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR PRODUCTS, SERVICES OR INFORMATION VIA THE WEB SITE, AND OPERATION OF THE WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
LIMITATION OF LIABILITY
Our contracts with certain of our suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We shall have no liability, whatsoever, for the unavailability of the Web Site caused by our supplier's performance or lack of performance of the maintenance work to keep the Web Site operable. We shall also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the Web Site, or for inaccurate information provided by a third party or failure to update information provided via the Web Site. IN NO EVENT SHALL DEFAULT RESEARCH BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE IN CONNECTION WITH YOUR USE OF THE WEB SITE, THE PRODUCTS, THE SERVICES OR INFORMATION PROVIDED VIA THE WEB SITE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL DEFAULT RESEARCH'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF THE FEES PAID TO DEFAULT RESEARCH BY YOU DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100.
The limitations of liability provided in these Terms of Use inure to the benefit of Default Research, and its affiliates and respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you.
INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies. You agree to indemnify, and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Web Site, your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you.
GOVERNING LAW AND JURISDICTION
The Web Site (excluding linked sites) is operated by us from our offices in Mount Pleasant, Pennsylvania. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, by accessing the Web Site, you agree that these Terms of Use and your use of the Web Site shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. Default Research makes no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws. Furthermore, any controversy or claim brought by you against Default Research, Inc. arising out of or relating to these Terms of Use, the Privacy Policy or the Web Site shall be brought within six (6) months of the event out of which such claim or action arose, and shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim brought by you shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Pittsburgh, Pennsylvania, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
NOTICE
Except as explicitly stated otherwise or required by law, you shall provide any notices to Default Research, Inc. by e-mail by clicking here.
STATE SPECIFIC LEGAL NOTICES
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following:
Default Research, Inc., located at PO Box 663 Mount Pleasant, PA 15666, is the provider of the electronic commercial service on this Web Site. Default Research may charge Subscribers for certain products and services. Users will be notified in advance if there will be a charge for any product or service. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. All order cancellations must be submitted in writing at least five (5) business days prior to your next billing cycle via e-mail clicking here, fax (412) 291-1971 or mail to the Default Research address set forth above, and must include your name, county(s) ordered, and e-mail address.
GENERAL
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.