Subscription Service Agreement
This Subscription Service Agreement (the "Agreement") explains the contractual agreement between you ("you", "your", "Subscriber") and Default Research, Inc. ("we", "Service Provider") regarding your use of and access to services provided to Subscribers via the web site located at www.defaultresearch.com (the "Web Site"). Your status as a Subscriber and your ability to utilize the services provided to Subscribers is subject to your acceptance of and compliance with this Agreement, the Terms of Use and the Privacy Policy. 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.
I. PAYMENT:
A. 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, Service Provider will charge you a non-refundable monthly 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. Said notice 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 sent via traceable courier with signature delivery. Any other method of cancellation is at Subscriber's sole risk. A cancellation of subscription is not confirmed until Subscriber receives a cancellation confirmation from Service Provider, which will be provided no later than 5 business days after Service Provider's receipt of the cancellation request. Such fee and/or payment terms may be subject to change based on the sole discretion of Service Provider and upon notice to you. Should you accept the terms of this Agreement by clicking "Submit" below, you will be redirected to a secure site to provide the necessary debit or credit card information for payment of your monthly subscription fee.
B. Except as specifically set forth in Section I(B), 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.
C. Credit card charge backs are considered an attempt to defraud Service Provider. Service Provider will attempt to collect any unpaid balances due to credit card charge backs by referring the unpaid balance to a third party collection agency. A credit card charge back fee of $30 will be assessed to Subscriber along with a $300 collection agency fee. Service Provider also reserves the right to pursue other legal action to collect any unpaid balances.
II. LIMITED LICENSE:
Upon your registration as a Subscriber, you are granted a limited, nonexclusive, nonassignable 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. Service Provider reserves the right to include test data in the information provided to you. Service Provider shall have the unilateral right to terminate your use of the Web Site and/or your status as a Subscriber at any time for any reason or no reason, including, but not limited to, Service Provider's convenience, or your breach of this Agreement and/or the Terms of Use, after which you shall immediately no longer be entitled to any of the benefits of a Subscriber.
III. DISCLAIMER OF WARRANTIES:
You acknowledge that:
A. Service Provider is not responsible for (i) the content, quality, integrity, performance or any other aspect of the information provided, or transmitted via the Web Site; or (ii) errors or problems related to transmission of data.
B. 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 noninfringement, 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.
C. 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.
IV. LIMITATION OF LIABILITY:
SERVICE PROVIDER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF OR DAMAGE TO ANY DATA OR BUSINESS/PERSONAL INFORMATION. YOU SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SUBSCRIBER SERVICE. SERVICE PROVIDER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH THE TERMS OF USE, THE PRIVACY POLICY AND/OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO BUSINESS INFORMATION, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, AND EVEN IF SERVICE PROVIDER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SERVICE PROVIDER. IN NO EVENT SHALL SERVICE PROVIDER'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF THE FEES PAID BY YOU TO SERVICE PROVIDER HEREUNDER FOR THE APPLICABLE SERVICES GIVING RISE TO SUCH LIABILITY, OR $100.
V. INDEMNIFICATION:
In addition to the indemnification obligations set forth in the Terms of Use, Subscriber hereby agrees to indemnify, defend and hold harmless Service Provider, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses including attorney's fees and costs, of any nature whatsoever incurred or suffered by Service Provider, insofar as such losses arise out of, are related to or are based on or reasonably related to (i) the breach of any representation, warranty, obligation or covenant agreed to by Subscriber in this Agreement; (ii) your use of the Subscriber services provided via the Web Site; (iii) the illegality, reliability, appropriateness, originality, or copyright of any submission or post made by you in connection with the Subscriber services; and/or (iv) any other act or omission on your part. This clause shall also be effective against Subscriber's representatives and assignees.
VI. CONSTRUCTION OF THIS AGREEMENT:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
VII. ACKNOWLEDGEMENT:
Subscriber acknowledges that Subscriber has read this Agreement and voluntarily agrees to all of its terms and conditions, without modification.
By checking this box and clicking the "Submit" button 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.
