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TERMS AND CONDITIONS OF USE Last Updated January 4, 2005Introduction:By visiting and or using T & Z Diversified Services, Inc. web site, www.foreclosure24-7.com, (this “Web Site”) or any linking site, the user (“User”) whether a subscriber or not, agrees to comply and be bound by the Terms and Conditions of Use specified herein. If User does not wish to agree, comply and be bound by these Terms and Conditions of Use, User is unauthorized to agree, comply and be bound by these Terms and Conditions of Use, or if User is not over the age of 18, the User should not visit or use this Web Site and discontinue visiting and/or its use immediately. The following Terms and Conditions of Use apply to this Web Site in its entirety, including, but not limited to this entire Web Site’s design, images, compiled and database stored public domain information, written and graphic material, underlying HTML or other source files, discussion groups, and email features. Copyright:This Web Site contains proprietary material of T & Z Diversified Services, Inc., as well as material that may be licensed from third parties by T & Z Diversified Services, Inc. for distribution through this Web Site, which are protected by copyright and other laws regarding proprietary rights. In addition, this Web Site contains public-domain information that T & Z Diversified Services, Inc., has compiled and stores in this Web Site’s databases. Though T & Z Diversified Services, Inc. does not claim title to the public-domain information stored in this Web Site’s databases, the compilation of the information is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. To the extent provided by law, T & Z Diversified Services, Inc. retains all rights in this Web Site and the materials herein (without limitation) all copyright and other proprietary rights worldwide in all media. Restrictions on Use of Material:Users may not copy, download, store, publish, transmit, transfer, broadcast, sell, or otherwise redistribute any data or any other material within this Web Site or any linking site in any form or by any means to any other person or entity for any purpose. The commercial resale, electronic extraction, editing or reformatting of information available on this Web Site or any linking site by any User in any capacity is strictly prohibited. Data mining, screen scraping, downloading or any other activity designed to obtain, re-use, reformat, edit, or re-sell the proprietary or other foreclosure information contained within this Web site or any linking site in a commercial manner is strictly prohibited. Use of any robot, spider, or other automatic devise, or manual process to monitor or copy any pages or material on this Web Site or any linking site is strictly prohibited. The re-posting, manipulation, display, or other web-based presentation of data obtained through this Web Site or any linking site on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. Any downloaded data may not be stored or used in an archival database or other searchable database. User agrees not to use any material provided in this Web Site in any manner that violates state and/or federal laws. Upon completing the subscription process, and paying for subscription, the subscriber User may view, search, create printouts of foreclosure data for internal use only, and create address mailing labels and/or envelopes. Any User who is not a paid subscriber is strictly prohibited from accessing this Web Site’s database or any other subscriber area by any means. Subscriber Users must keep their username and passwords strictly confidential and within their sole possession and control at all times and said username and passwords may not be communicated in any manner or form to any party not specifically authorized to have access and use such username and password by T & Z Diversified Services, Inc. The subscriber User shall be responsible for all access to and use of this Web Site’s data by subscriber User’s personnel or any other person or entity by means of subscriber User’s equipment or username and password number, whether or not subscriber User has knowledge of or authorizes such access and use. Subscriber User must immediately notify T & Z Diversified Services, Inc. regarding any username and password breach of security so that appropriate measures may be taken. Site Changes:T & Z Diversified Services, Inc. reserves the right to change, suspend or discontinue any portion of this Web Site at any time, including the availability of any feature, database, or content. T & Z Diversified Services, Inc. also reserves the right to impose limits on certain features and services or restrict access to parts or all of this Web Site without notice or liability. Users continued use of this Web Site following any change shall constitute Users acceptance of the change(s). T & Z Diversified Services, Inc. reserves the right to change these Terms and Conditions at any time with or without notice. Users continued use of this Web Site following any change shall constitute Users acceptance of the change(s). Users agree to revisit these Terms and Conditions of Use periodically for revisions and updates. Links to Other Sites:This Web Site may contain links to third party web sites that are not controlled or maintained by T & Z Diversified Services, Inc and are only provided to offer Users potential links to useful information. User acknowledges that accessing these sites are at User’s own risk and the inclusion of such links does not imply that T & Z Diversified Services, Inc. endorses such links. Any concerns regarding any service or resource that the links may provide should be directed to the particular service, resource, or link. Payment:User must pay the full subscription price in advance to be allowed access to this Web Site’s subscriber area. The methods of payment are PayPal, or by mailing a personal or bank check or money order payable to T & Z Diversified Services, Inc. to the below address. If User pays by personal check, access to this Web Site’s subscriber area may be delayed until the check has cleared, unless User has established creditworthiness with T & Z Diversified Services, Inc., in which case access will be immediately granted. There is a $15.00 fee for all checks returned for insufficient funds, or for any other reason not attributable to T & Z Diversified Services’ action or inaction. If payment is of a recurring nature, User grants T & Z Diversified Services, Inc. the right to debit or credit the credit card or account User provided when signing up for service, until service is cancelled by User in writing via U.S. mail or email, as specified in the terms below. Subscription Prices/Access:Subscription prices to retrieve materials from this Web Site are subject to change without notice. No price is guaranteed beyond the period for which the User has paid and no contract is implied, nor may one be inferred, to guarantee a price based on the User’s previous subscription(s). T & Z Diversified Services, Inc. reserves the right to offer introductory, promotional and special rates limited to new subscribers only. Once a User’s subscription period has expired, whether regular, introductory, promotional or special, the User’s renewed subscription will be subject to the subscription prices applicable at that time. User acknowledges that User is solely responsible for all services, charges, fees, telephone lines, cables, and for any other equipment and charges necessary to access this Web Site. Refund Policies/Cancellations:Subscription charges are non-refundable regardless of non-use of this Web Site. In addition, there is no entitlement to refunds upon termination, cancellation, or suspension, regardless of whether the subscription is weekly, monthly, or yearly, subject to any withdrawal right that you may have under applicable law. Users utilizing a monthly or yearly recurring billing method must give at least ten (10) days written notice prior to the next billing period to cancel subscription in order to stop billing. If notice is given nine days or less, User may be subject to a late cancellation fee of $25. Weekly recurring billing Users must give at least three (3) days written notice or be subject to a late cancellation fee of $25. Written notices may be in the form of e-mail or the U.S. mail at the below listed mail and e-mail address. Phone call cancellations are not an acceptable method of cancellation. User’s access to the subscriber area of this Web Site will be deactivated if User allows the subscription period to expire without renewing prior to expiring. User’s access will be reactivated upon renewing subscription. Warranty Disclaimers:T & Z Diversified Services, Inc. has made reasonable efforts to include accurate information on this Web Site, however, because of the possibility of human and mechanical error as well as other factors, T & Z Diversified Services, Inc. is not responsible for any errors. All material available from this Web Site is provided “AS IS.” To the fullest extent permissible under applicable law, T & Z Diversified Services, Inc. disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, T & Z Diversified Services, Inc. DOES NOT WARRANT THE TIMELINESS, ACCURACY, COMPLETENESS, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE OF THIS WEB SITE OR THE INFORMATION IT CONTAINS. T & Z DIVERSIFIED SERVICES, INC., DOES NOT WARRANT THAT THIS WEB SITE IS ERROR-FREE IN CONTENT OR IN FUNCTIONALITY. The terms of this section will survive User’s discontinued visit and/or use of this Web Site, whether voluntary or involuntary. T & Z Diversified Services, Inc. disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to, any errors in or omission from this Web Site, including, but not limited to technical inaccuracies and typographical errors; the unavailability of this Web Site or any portion thereof; your use of this Web Site; or your use of any equipment or software in connection with this Web Site. The terms of this section will survive User’s discontinued visit and/or use of this Web Site, whether voluntary or involuntary. Limitation of Liability:EXPECEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, T & Z DIVERSIFIED SERVICES, INC. SHALL NOT BE LIABLE TO A CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE, FOR RELIANCE ON THE INFORMATION CONTAINED IN THIS WEB SITE, OR T & Z DIVERSIFIED SERVICES, INC.’S SUPPORT SERVICES, OR FOR ANY CONSEQUENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The terms of this section will survive User’s discontinued visit and/or use of this Web Site, whether voluntary or involuntary. T & Z DIVERSIFIED SERVICES, INC., ITS AFFILIATES, ANY SHAREHOLDER, OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF T & Z DIVERSIFIED SERVICES, INC. OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS WEB SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLEGENCE ON THE PART OF T & Z Diversified Services, Inc., ITS AFFILIATES ANY SHAREHOLDER, OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN. The terms of this section will survive User’s discontinued visit and/or use of this Web Site, whether voluntary or involuntary. Indemnification:User agrees to indemnify, defend and hold harmless, T & Z Diversified Services, Inc., its affiliates, any shareholder, officer, director, employee, subcontractor, agent, successor or assign of T & Z Diversified Services, Inc. from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to reasonable attorney fees) threatened, asserted, or filed by a third party arising out of or relating to User’s use of this Web Site, User’s breach of these Terms and Conditions of Use and any acts or omissions of the User. The terms of this section will survive User’s discontinued visit and/or use of this Web Site, whether voluntary or involuntary. Fraud, Misrepresentation, and Misuse:The rights granted by T & Z Diversified Services, Inc. to access this Web Site’s search engine and download, copy or print the documents found and retrieved by the search engine and create mailing labels and/or envelopes is based upon the User’s agreement to: a) acknowledge and accept these Terms and Conditions of Use; b) pay for the access granted; c) provide truthful and accurate information during the signup process and thereafter; and d) not share the access granted with any other person or entity. If a User fails to pay for the access granted, or fails to provide truthful and accurate information during the signup process and thereafter, or shares the access granted with any other person or entity, or misuses the system by any means actionable under a federal, state, or local statute, code, regulation, law, or civil action, T & Z Diversified Services, Inc. will consider the User’s access as having been acquired by fraud or misrepresentation and will terminate the User’s access. In such cases, T & Z Diversified Services, Inc. retains the right to seek civil or criminal redress and the entire cost of such action(s) shall solely be borne by the User(s). Refusal of Service Right:T & Z Diversified Services, Inc. at its sole discretion, reserves the right to refuse services to any person, organization, or entity seeking subscription to this Web Site. Jurisdiction and Governing Law:These Terms and Conditions of Use, the entire contents of this Web Site and any claims related to it shall be governed and construed in accordance with the laws of the State of Florida, U.S.A., without reference to its conflict of laws rules, as they apply to agreements made and performed therein. User consents to the exclusive jurisdiction of the state and Federal courts located in Orange County, Florida, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding. The terms of this section will survive User’s discontinued visit and/or use of this Web Site, whether voluntary or involuntary. Entire Agreement:These Terms and Conditions of Use incorporate by reference any notices contained on this Web Site and constitute the entire agreement in regards to your visit, access to and use of this Web Site. These Terms and Conditions of Use hereby supersede all prior agreements, representations, statements, negotiations and undertakings. Potential Severable Provisions:If any provision of these Terms and Conditions of Use is subsequently held to be unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. AcknowledgementUser acknowledges that User has read these Terms and Condition of Use in its entirety, has full authority to agree and be bound by these Terms and Conditions personally, and/or on behalf of the organization, corporation or other entity in which User represents, and User understands and agrees to its terms and conditions. If User does not agree with these Terms and Conditions of Use in its entirety, or cannot agree as a result of not being over the age of 18, User must immediately terminate visiting and use of this Web Site.
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