POLICIES AND TERMS
1. User/Subscriber may create printouts of Data for internal use only. User/Subscriber may not copy, download, store, publish, transmit, transfer, sell or otherwise use Foreclosure Information and Listing Service, Inc. (FILS) Data, or any portion of such Data, in any form or by any means except: (a) as expressly permitted by the Agreement, (b) with FILS prior written permission, or (c) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 USC Sec.107). Downloaded Data may not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement. User/Subscriber shall not sell, license or distribute Data in any form to third parties or use Data as a component or as a basis for any material offered for sale, license or distribution. Use of Data to create mailing or marketing lists for commercial purpose or for distribution to third parties is strictly prohibited. User/Subscriber must keep strictly confidential the User Name and Passwordselected by the User. User/Subscriber’s User Name and Password must remain within its sole possession and control at all times and may not be communicated in any manner or form to any party not authorized by F.I.LS. Inc. to have access to and use such user name and password. Except for the license granted by this Agreement, all right, title and interest in FILS’s and its contributors’ Data, inall languages, formats and media throughout the world, including all copyrights, are and will continue to be exclusive property of Foreclosure Information & Listing Service, Inc.
2. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY: FILS DATA IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DO NOT PURCHASE REAL ESTATE LISTED ON THIS WEBSITE WITHOUT INDEPENDENTLY CONFIRMING ALL DATA REPORTED. FILS AND ITS CONTRIBUTORS OF DATA SHALL HAVE NO LIABILITY WHATSOEVER TO USERFOR ANY CLAIMS(S) RELATED IN ANY WAY TO THIS AGREEMENT OR THEIR PERFORMANCE HEREUNDER, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR NEGLIGENCE. IN NO EVENT SHALL FILS OR ITS CONTRIBUTORS OF DATA BE LIABLE TO USER FOR ANY CLAIMS(S) RELATING TO USER’S INABILITY OR FAILURE TO PERFORM RESEARCH OR RELATED WORK, OR TO PERFORM SUCH RESEARCH OR OTHER WORK PROPERLY OR COMPLETELY EVEN IF ASSISTED BY FILS, NOR SHALL FILS OR ITS CONTRIBUTORS OF DATA BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
3. Responsibility For Certain Matters: User/Subscriber shall be responsible for all access to and use of FILS Data by User’s personnel or by means of User’s equipment and use of the FILS User Name and Password, whether or not User has knowledge of or authorizes such access and use.
4. Reservation of Rights: FILS, INC. reserves the right to modify the terms and conditions of this Agreement from time to time including, but not limited to, the right to impose access and usage limitations. Such modifications shall be effective immediately upon written notice to Account Subscriber.
5. Effect of Agreement: This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating to. FILS may amend the terms and conditions of this Agreement by giving User/Subscriber written notice thereof. Any other amendment hereto must be in writing and signed by both parties.
6. Notices: All notices hereunder shall be given in writing to:
Foreclosure Information & Listing Service, Inc.
P O Box 130515
The Woodlands, TX 77393
7. Governing Law: This Agreement shall be governed by and construed under the laws of the State of Texas.
8. AUTOMATIC ROLLOVER MONTHLY CHARGE SUBSCRIPTIONS. Each issue, (monthly charge), defined as access until the first Tuesday of the following month, is non-refundable. Your membership will automatically renew. This subscription is billed directly to your credit card on a monthly basis. Renewal will automatically be billed until you cancel your subscription. You may cancel by notifying our office in writing, (See 6 above), by e-mail at firstname.lastname@example.org or you may cancel the auto renew feature yourself by logging into our website from the File Access Page and simply click the “Cancel Monthly Membership” link. Your membership will be canceled and a cancelation number provided immediately. This must be completed on or before the first Tuesday of the following month to prevent recurring charges. Your cancelation does not provide for refunds. Your cancelation simply stops future monthly charges.
As an alternative, set, non-refundable six-month or annual subscriptions are available which provide price breaks. Each month is defined per issue, NOT 30 days.
9. DELIVERY OF SERVICE (PRODUCT):
The delivery of service occurs with your on-line access, (by your designated User Name and Password) to the purchased on-line report via our website at www.foreclosehouston.com on the internet. Delivery of service occurs immediately when your credit card charge is approved by the Issuing Bank and accessibility (i.e. delivery of our service-product) continues via the internet by use of your User Name and Password for the term of your subscription or monthly membership.
10. REFUND POLICY
FILS INC. DOES NOT ISSUE REFUNDS ON AUTOMATICALLY RENEWED CHARGES. FILS INC. ALSO DOES NOT ISSUE REFUNDS ON E-BOOKS OR FORMS. FILS INC DOES NOT ISSUE REFUNDS TO SUSPENDED ACCOUNTS DUE TO VIOLATIONS OF THE USER AGREEMENT. FOR ANY OTHER TRANSACTION OR BILLING QUESTIONS/CONCERNS, PLEASE CONTACT OUR OFFICE AT 281-363-2631 OR E-MAIL AT INFO@FLSHOUSTON.COM.
BY COMPLETING THE FORM ON THE ORDER PAGE, I AGREE TO THE CONDITIONS AND TERMS OF THE ABOVE STATED AGREEMENT.
FORECLOSURE INFORMATION and LISTING SERVICE, Inc.