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.
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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- Disclaimer of Warranties. THE 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.
- 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.
- 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.
- 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.
- 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 firstname.lastname@example.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.
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.
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.
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.
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.
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.