The Legalese

The Legalese

Foreclosurepedia Legalese

I have no clue what this says, but a lawyer friend said to include it. I have no intention of this ever needing to be referenced; however, it supposedly protects me from stupid people — Stupid people like Eric Miller, the Executive Director of the National Association of Mortgage Field Services (NAMFS), a Financial Terrorist Organization, in my opinion.

Privacy Policy

Foreclosurepedia (“Foreclosurepedia”) collects certain information through its websites and mobile sites, located at Foreclosurepedia.org (the “Sites”), as well as the Foreclosurepedia applications (the “Applications”) (collectively, “Services”). Your privacy is important to Foreclosurepedia and this Document lays out Foreclosurepedia’s policies and procedures surrounding the collection and handling of such information. This Document applies only to the Services. It does not apply to third party services linked to Foreclosurepedia Services or offline activities related to Foreclosurepedia services.

  1. Information Foreclosurepedia Collects.  Foreclosurepedia may collect the following information from users of our Services: first name, last name, street address, city, state, zip code, cross streets, phone number, e-mail address, Services-specific display name, GPS location (mobile site), electronic signature and credit card information (collectively, “Personally Identifiable Information” or “PII”). Foreclosurepedia is not intended for use by children under the age of 13 and Foreclosurepedia does not knowingly collect PII from children under the age of 13. Use of Sites services requires that you register and/or create an account (“Account”) or use the Sites as a guest. In addition to the PII set forth above, Foreclosurepedia may collect information regarding Account holders’ past Foreclosurepedia orders, favorite restaurants, customer service inquiries, service/restaurant reviews and certain social networking preferences relating to the Sites (e.g. pages or entities you like, recommend or follow). In addition, Foreclosurepedia may collect information regarding Foreclosurepedia account holders’ current and past Foreclosurepedia orders, favorite selections, customer service inquiries, service/client reviews and certain social networking preferences (e.g. pages you “Like” or “Recommend”). Foreclosurepedia also uses web analytics software to track and analyze traffic for its Services in connection with Foreclosurepedia’s advertising and promotion of Foreclosurepedia services. Foreclosurepedia also aggregates certain information collected by the Applications including, but not limited to, certain order data, and delivery location. Foreclosurepedia may publish these statistics or share them with third parties without including PII. Foreclosurepedia may collect additional PII in connection with blog submissions including professional title, business/personal website, social networking handle/username and the author’s photograph.
  2. Foreclosurepedia’s Use Of Collected Information.  Foreclosurepedia uses PII to create users’ Foreclosurepedia accounts, to communicate with users (directly and through restaurants and delivery) about Foreclosurepedia services, to offer users additional services, promotions and special offers. Users may opt to allow Foreclosurepedia to store certain PII used to create users’ Foreclosurepedia accounts, including, but not limited to, credit card information. Foreclosurepedia uses certain stored PII to customize future order processing for you. You may request that Foreclosurepedia cease storing certain PII at any time, but you might not be able to take advantage of certain customized features. Foreclosurepedia may also use PII to enforce Foreclosurepedia terms of use and service. For example, when users with Foreclosurepedia accounts return to the Sites, cookies identify those users and allow the Sites to provide certain user-specific information such as Foreclosurepedia account information, past orders, favorite selections and user reviews. Foreclosurepedia does not sell the information it collects through the Services to third parties. Foreclosurepedia shares collected PII to third-party vendors and service providers with whom Foreclosurepedia works to provide application programming interfaces (“APIs”) and other functions for the Services in connection with the delivery of Foreclosurepedia services. In addition, Foreclosurepedia shares users’ Foreclosurepedia order content, special order instructions, first and last name, street address, e-mail address, telephone number and gratuity amounts when users’ orders are ordered, to the extent necessary to process and deliver those orders. Foreclosurepedia may also disclose PII to third parties such as attorneys, collection agencies, tribunals or law enforcement authorities pursuant to valid requests in connection with alleged violations of Foreclosurepedia terms of use and service or other alleged contract violations, infringement or similar harm to persons or property. User generated content posted through the Services such as service/restaurant reviews and certain social networking preferences (e.g. pages you “Like” or “Recommend”) may be viewed by the general public. Accordingly, Foreclosurepedia cannot ensure the privacy of any PII included in such user-generated content.
  3. Foreclosurepedia’s Protection of PII. Foreclosurepedia uses reasonable security measures equal to or exceeding industry standard to protect PII from unauthorized access, destruction, use, modification and disclosure. Unfortunately, even with these measures, Foreclosurepedia cannot guarantee the security of PII. By using the Services, you acknowledge and agree that Foreclosurepedia makes no such guarantee, and that you use the Services at your own risk.
  4. Privacy Policy Amendments.  Foreclosurepedia may change this Privacy Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the posting date, which will be listed at the top of the page as the effective date.
  5. Applicability & Acceptance of These Terms of Use.  By viewing, using, accessing, browsing, or submitting any content or material on the Sites, you agree to these Terms of Use as a binding legal agreement between you and Foreclosurepedia, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Sites. If you do not agree to these Terms of Use, then you may not use the Sites. Foreclosurepedia reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Sites shall be subject to the then-current Terms of Use, and continued use of the Sites now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
  6. User License: Scope. Foreclosurepedia grants you permission (which may be revoked at any time for any reason or no reason) to view the Sites and to download, email, share via social networking or print individual pages from the Sites in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Sites, except as specifically noted above. Except as specifically authorized by Foreclosurepedia, you may not deep-link to the Sites for any purpose or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. Foreclosurepedia reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Sites or any content contained therein, whether in whole or in part, without prior written consent from Foreclosurepedia. You may like or follow Foreclosurepedia or share links to the Sites via social networking technology referenced on the Sites. Any rights not expressly granted herein are reserved.
  7. User Conduct.  You agree that your use of the Sites and/or services on the Sites is subject to all applicable local, state and federal laws and regulations. You also agree: to comply with US law and local laws or rules regarding online conduct and acceptable material; not to use the Sites or their services or submit content to the Sites if you are under the age of 13; not to access the Sites or services using a third-party’s account/registration without the express consent of the account holder; not to use the Sites for illegal purposes; not to commit any acts of infringement on the Sites or with respect to content on the Sites; not to use the Sites to engage in commercial activities apart from sanctioned use of Foreclosurepedia services; not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in print or online; not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Sites; not to attempt to gain unauthorized access to other computer systems from or through the Sites; not to interfere with another person’s use and enjoyment of the Sites or another entity’s use and enjoyment of the Sites; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our restaurant partners).
  8. Harm from Commercial Use.  You agree that the consequences of commercial use or re-publication of content or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Foreclosurepedia will be entitled to temporary and permanent injunctive relief to prohibit such use.

Site Content

Nature of User Material.  Some of the services offered by Foreclosurepedia on the Sites allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, restaurant reviews and blog entries, to the Sites (collectively, “Submissions”). You agree not to create any Submission that: contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; unfairly interferes with any third party’s uninterrupted use and enjoyment of the Sites; advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Sites, including, but not limited to, negative reviews posted by competing restaurants or allegations of health code violations; is intended primarily to promote a cause or movement, whether political, religious or other; contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content; constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor; infringes any copyright, trademark, patent, trade secret, or other intellectual property right; contains viruses or other harmful, disruptive or destructive files; harms or is inappropriate for minors to view; links to any commercial or other website; and/or is not otherwise in compliance with the Terms of Use.

Terms of Use

  1. User Representations and Warranties.  Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means: you are the author of the Submission, or the Submission is not protected by copyright law, or you have express permission from the copyright owner to use the Submission in connection with the Sites; and you have the right to grant Foreclosurepedia the license set out in these Terms of Use; for restaurant review Submission(s), you have had first-hand experience with the subject restaurant; and your use of the Sites and Submission(s) do not violate these Terms of Use.
  2. User License Grant to Foreclosurepedia.  You grant Foreclosurepedia, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to Foreclosurepedia in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Foreclosurepedia to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant Foreclosurepedia and its and related entities the right to use any Personally Identifiable Information (as that term is defined in Foreclosurepedia’s Privacy Policy) included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant Foreclosurepedia the right to use the Submission and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Submission or communication you send to Foreclosurepedia for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Sites, without compensation of any sort to you. Foreclosurepedia does not claim ownership of Submissions.
  3. Disclaimer of Responsibility for Material.  Submissions are not endorsed by Foreclosurepedia, and do not represent the views of Foreclosurepedia or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Foreclosurepedia does not control all Submissions, and disclaims any responsibility for such Submissions. Foreclosurepedia specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Foreclosurepedia does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the menus, pricing, hours of operation or parking accessibility available from its partner restaurants. Price, description, menu content, product/service availability, parking accessibility and restaurant information are subject to change without notice. Foreclosurepedia assumes no responsibility or liability for any errors or omissions in the content of the Sites.
  4. Review & Removal of Material.  Foreclosurepedia reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions. You may contact Foreclosurepedia at FORECLOSUREPEDIA@GMAIL.COM to request removal of a Submission. However, Foreclosurepedia disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. Foreclosurepedia also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the Sites for any reason or no reason whatsoever, in its absolute and sole discretion. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Submissions posted by the Sites infringe your copyright, you (or your agent) may send Foreclosurepedia a notice requesting that the Submission(s) be removed from the Site(s), or access to it be blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Foreclosurepedia to locate the Submission(s) Sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Submission in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Sites should be sent to Foreclosurepedia, PO BOX 013, BLAINE, TN 37709. Foreclosurepedia suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
  5. Proprietary Rights.  You acknowledge and agree that the Sites contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Foreclosurepedia. All Sites design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Sites are reserved.
  6. Termination and Modifications to the Sites.  Foreclosurepedia reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites’ features, look and feel, and functional elements and related services.
  7. Indemnity.  You agree to indemnify and hold Foreclosurepedia, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Sites, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Sites, your violation of these Terms of Use, and any other acts or omissions relating to the Sites.
  8.  Disclaimer of WarrantiesTHE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIAL AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY Foreclosurepedia, YOU, OTHER — USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, WORK ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Foreclosurepedia DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
  9. Limitation of LiabilityIN NO EVENT SHALL Foreclosurepedia BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF Foreclosurepedia HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO — USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. Foreclosurepedia ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIR– USES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, — USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. Foreclosurepedia ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CA USED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Foreclosurepedia’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO Foreclosurepedia OR A PROVIDER AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS). YOU AND Foreclosurepedia AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF — USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND Foreclosurepedia AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 7.
  10. Your account, password, and security.  Use of Sites services requires that you register and/or create an account (“Account”) or use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Sites’ services, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and

(b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Foreclosurepedia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Foreclosurepedia has the right to refuse any and all current or future use of the Sites (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to:

(a) immediately notify Foreclosurepedia of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Foreclosurepedia will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

  1. Links.   As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with Foreclosurepedia while others are not. Foreclosurepedia is not responsible for the contents of any website pages created and maintained by organizations independent of Foreclosurepedia. Visiting any such third-party website pages is at your own risk. Foreclosurepedia has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Foreclosurepedia. By using the Sites you acknowledge that Foreclosurepedia is responsible neither for the availability of, nor the content located on or through any third-party website pages.
  2. Trademarks.  Foreclosurepedia is a trademark. Such trademarks and other marks, logos, and names of Foreclosurepedia or the Sites, used on or in connection with the Sites may not be used in connection with any product or service that is not under Foreclosurepedia’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Foreclosurepedia. All other trademarks not owned by Foreclosurepedia (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Foreclosurepedia or its affiliates.
  3. Consideration. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt or use of data, content, products and/or services through the Sites, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.
  4. Jurisdiction, Applicable Law, and Limitations.  This Site is created and controlled by Foreclosurepedia in the State of Tennessee, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Washington without regard to its conflicts of law provisions. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Foreclosurepedia makes no claims or assurances that the Sites are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Sites must be filed in a federal or state court located in Knoxville, Tennessee, within one (01) year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
  5. General Enforceability.  If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
  6. Entire Agreement. Except as expressly provided in a particular Legal & Privacy posting or other notice on particular pages of the Sites, these Terms of Use, which hereby incorporate by reference the terms of Foreclosurepedia’s Privacy Policy, constitute the entire agreement between you and Foreclosurepedia, superseding all prior agreements regarding the Sites.
  7. No Waiver.  The failure of Foreclosurepedia to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
  8. Headings & Construction.  The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
  9. Mobile Users. Without limiting any other provisions of these Terms, the use of Foreclosurepedia on any type of mobile device applies in totality and are hereby incorporated by reference.

Privacy and Security

We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.

Safe Harbor Policy

As a Foreclosurepedia user, your personal information may be maintained, processed and stored by Foreclosurepedia, our affiliates, and our service providers in the United States or other jurisdictions. Foreclosurepedia adheres to the Safe Harbor Privacy Principles according to the US – EU Safe Harbor Framework and the US – Swiss Safe Harbor Framework. The Safe Harbor program is intended to provide equivalent protections for personal data as exist in the EU and Switzerland. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce’s Safe Harbor website at http://export.gov/safeharbor/.

If you have any questions about our Safe Harbor participation, please contact us using the information below. If you believe that Foreclosurepedia has not satisfactorily addressed your data privacy concerns related to the US – EU Safe Harbor Privacy Principles or the US – Swiss Safe Harbor Privacy Principals, and without prejudice to any other remedy you may enjoy, you may obtain dispute resolution services through The DMA Safe Harbor Program.

In relation to information of users collected and stored by Foreclosurepedia  (“Clients’ Data”), we serve as a data “Processor” (due to the technical hosting thereof) and not as a data “Controller” (as both such terms are defined in the European Data Protection Directive). Foreclosurepedia cannot provide legal advice to Experts, but Foreclosurepedia recommends that all Experts that create and maintain websites using any platform should maintain clear and comprehensive privacy policies complying with the applicable laws and regulations.

Important notice about privacy of persons under the age of 18

The Services and the Web-App are not intended for use by persons under the age of 18. If you are not 18 years old or older, then you may not use any of the Services or the Web-App and must not provide any of your personal details.

Foreclosurepedia strongly encourages parents to monitor their children’s use of the Web. Foreclosurepedia will delete a child’s personally identifiable information if a parent so requests by sending an e-mail to legal@foreclosurepedia.org. If Foreclosurepedia learns that a child under the age of 18 years has provided personally identifiable information to us without verifiable parental consent, Foreclosurepedia will use commercially reasonable efforts to delete such information from our databases.

How does Foreclosurepedia use Cookies?

Foreclosurepedia may use cookies when operating the Services or the Web-App. Cookies are packets of information sent by Foreclosurepedia’s servers to your web browser and then sent back by the browser. Applications may use cookies for various purposes, for example, to save you the need to re-enter your password each time you log-in to the Services or the Web-App, to facilitate the use of the Services or the Web-App, to collect information for statistical and analytical purposes, to verify information, to customize the Services or the Web-App to your personal preferences and for information security purposes.

Some of the cookies may expire when the session ends and you exit your browser. Other cookies may be stored on your computer’s hard drive. If you wish to block the cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may complicate or even prevent your use of the Services or the Web-App, or certain features thereof.

INTERNATIONAL — USERS:

THESE AGREEMENTS WERE WRITTEN IN ENGLISH (US). TO THE EXTENT ANY TRANSLATED VERSION OF THIS AGREEMENT CONFLICTS WITH THE ENGLISH VERSION, THE ENGLISH VERSION CONTROLS. 

Special Provisions Applicable to Users Outside the United States. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Foreclosurepedia outside the United States:

You consent to having your personal data transferred to and processed in the United States

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Foreclosurepedia (such as advertising or payments) or operate a Platform application or website.

Foreclosurepedia Internet Privacy Statement

Foreclosurepedia regards the safeguarding of Internet privacy as a serious matter. Although we do collect information about the visitors to our web sites, the amount and type of information gathered depends upon how you use our web sites. Any personally identifiable information provided by you will be treated with the utmost respect for your privacy.

Normal Web Usage

When you visit a Foreclosurepedia web site, we may collect and store information about your visit on an anonymous, aggregate basis. This information may include the name of your Internet service provider, the web site that referred you to our web site, the pages you requested, the length of time of your request, and the date and time of your requests. We use this collected information to generate statistics and measure website activity to improve the usefulness of your visits. During normal web site visits, we do not collect or store personally identifiable information such as your name, mailing address, email address, phone numbers, or social security number.

Web Site Interaction

There are times when Foreclosurepedia will require personal information about you in order to satisfy your Internet request to receive product literature, subscribe to Foreclosurepedia’s newsletter, place an order, track an order, submit a resume, or otherwise correspond with one of our business units. You will be prompted for this information (name, mailing address, email address, type of request, etc.) at the time of your request. This information will be collected and stored in an appropriate manner and will be used to fulfill your request. You provide such information on a voluntary basis; failure to do so may result in the impossibility to satisfy your request. If you tell us that the information should not be used as a basis for further communications, we will respect your desire for privacy. The information you provide to Foreclosurepedia is used by us to improve the services we provide to you and to other potential visitors to our web sites. The information will not be shared outside of Foreclosurepedia and Foreclosurepedia’s subsidiaries and affiliates that are involved in your web site interaction.

When you submit personally identifiable information to Foreclosurepedia, you understand that you are agreeing to allow Foreclosurepedia, its subsidiaries and its affiliates, to access, store, and use the data in any of the countries where Foreclosurepedia does business. Subject to the acquisition of your relevant consent, when necessary, Foreclosurepedia may use the personal information you submit for any purpose related to Foreclosurepedia’s conduct of business, including, but not limited to, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, notifying you of new products, and any other changes within Foreclosurepedia that may affect you.

Security

Foreclosurepedia understands your concern for security and will use reasonable efforts to establish secure connections with you and to limit access to Foreclosurepedia databases containing personal information to only authorized Foreclosurepedia personnel.

Disclaimers

Although Foreclosurepedia will attempt to protect the privacy of personal information submitted through its web sites, Foreclosurepedia may, at its discretion, comply with requests for information or subpoenas from government officials or law enforcement officers that may require the disclosure of personal information or communications with Foreclosurepedia. This shall only occur if those requests aforementioned do not run afoul of the First and Fourteenth Amendments to the Constitution of the United States.

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment XIV
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Foreclosurepedia reserves the right to modify its Legalese as business needs warrant, or in our attempt to better serve your needs. Foreclosurepedia will use reasonable efforts to publish any changes to its Legalese.