TERMS OF SERVICE
TERMS AND CONDITIONS
This Agreement is entered into between TaxSaleProducts, a doing business as TaxSaleLists.Com, and the entity set forth in the Service Application Agreement (Customer). The parties agree as follows:
TaxSaleLists.com provides Standard tax sale lists (Services) using its proprietary databases and information obtained from jurisdictional entities. Customer hereby subscribes to the use of TaxSaleLists.com's lists of tax sale properties for use solely as a factor in making its business decisions.
- PERFORMANCE. TaxSaleLists.com will use reasonable efforts to provide the Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the TaxSaleLists.com Services; provided, however, that Customer accepts all information "AS IS." Customer acknowledges and agrees that TaxSaleLists.com obtains its data from third party sources, which data may or may not be completely thorough and accurate, and that Customer shall not rely on TaxSaleLists.com for the accuracy or completeness of information supplied in usingTaxSaleLists.com's Services. TaxSaleLists.com shall not be responsible for any consequential or other damages arising out of the use of the Services. TaxSaleLists.com does not warrant that the Services will be timely or error free.
- CHARGES. Customer agrees to pay TaxSaleLists.com the sum of $29.00 (USD) at enrollment and acknowledges and agrees that this is a 6-month commitment of $29.00 (USD) to be charged each corresponding day of the date of enrollment for a total of $174.00 (USD). If any payment(s) decline TaxSaleLists.com reserves the right to continue to attempt to charge the credit card submitted until TaxSaleLists.com has received all 6 payments for a total of $174.00 (USD). Once all payments have been received Customer has the right to contact TaxSaleLists.com and cancel their subscription payment by emailing firstname.lastname@example.org No cancellations will be accepted by phone although we do accept call for Login Issues at 888-272-9655. If Customer does not cancel after 6-months TaxSaleLists.com wil continue to charge the subscription payment of $29.00 (USD) per month until requested cancellation by email. TaxSaleLists.com reserves the right to change prices, add or delete services, and change the characteristics of any service at any time and without notice. Customer shall pay to TaxSaleLists.com prices as updated from time to time through online announcements, customer bulletins, and published price schedules. TaxSaleLists.com is not responsible for ensuring delivery to customer of such updates, or changes, additions or deletions to any of its prices, which may occur, from time to time, and it is Customer's responsibility to check TaxSaleLists.com's Website (www.taxsalelists.com) and/or publications for such notifications. All current and future TaxSaleLists.com pricing documents are deemed incorporated herein, by reference.
- INTELLECTUAL PROPERTY. Customer agrees not to reproduce, retransmit, republish, or otherwise transfer for any commercial or other purpose any information that Customer receives from the TaxSaleLists.com Services except in the ordinary and customary course of Customer's bona fide business. Under no circumstances is Customer to resell TaxSaleLists.com's data through a website, or otherwise, without express written approval from TaxSaleLists.com. Customer acknowledges that TaxSaleLists.com (and/or TaxSaleLists.com's third party data providers) shall retain all right, title, and interest in and to the data and information provided by the TaxSaleLists.com Services under applicable contractual, copyright, and related laws, and Customer shall use such materials consistent withTaxSaleLists.com's interests and notify TaxSaleLists.com of any threatened or actual infringement of TaxSaleLists.com's rights. Customer further acknowledges and agrees that it shall acquire no right, title or interest under applicable copyright and other laws in the databases and materials provided or accessed under this agreement.
- PAYMENT OF FEES/REFUND POLICY. Customer shall pay TaxSaleLists.com for all charges incurred for the use of the TaxSaleLists.com Services on a prepayment or monthly basis. Customer shall be responsible for payment for all Services obtained through Customer's personal account, whether or not said account is used by Customer or a third party, whether with or without Customer's consent. Neither the prepayment, or monthly basis charges are refundable. All purchases are final. Once the enrollment payment of $29.00 (USD) has been received all sales are final. All payments are due and payable at the beginning of each 30 day billing cycle and will automatically be processed against the credit card submitted at time of enrollment. TaxSaleLists.com reserves the right to terminate this Agreement and the right of Customer to use any information provided hereunder without prior notice to Customer upon any non-payment of fees by the due date.
- TERM OF AGREEMENT. This Agreement is for services rendered and shall be in full force and effect during such periods of time during which TaxSaleLists.com is providing Services for Customer.
- GOVERNING LAW. The interpretation and enforcement of this Agreement, and all issues relating thereto, including the Services contemplated hereby, shall be governed by and construed in accordance with the laws of the State of Utah, without effect to conflict of law principles.
- ASSIGNMENT. The rights granted to Customer pursuant to this Agreement to use the TaxSaleLists.com Services may not be assigned by Customer, in whole or in part, without the prior written consent of TaxSaleLists.com.
- WARRANTIES/LIMITATION OF LIABILITY. Neither TaxSaleLists.com nor any third party data provider (for purposes of indemnification, warranties, and limitations of liability only, as set forth in this Section and Section 10, TaxSaleLists.com and its data providers are hereby collectively referred to as "TaxSaleLists.com") shall be liable to Customer (or any person claiming through Customer) for any loss or injury arising out of or caused in whole or in part by TaxSaleLists.com's acts, omissions or otherwise, except as expressly set forth in this Section.
TaxSaleLists.com makes no warranty or representation of any kind; and any warranty, express or implied, is excluded and disclaimed, including the implied warranties of merchantability and of fitness for a particular purpose.
Without limiting the forgoing, and as part of the consideration for this Agreement, Customer expressly waives any claim against TaxSaleLists.com (including any third party data provider) for any damage or loss caused in whole or in part by TaxSaleLists.com's acts or omissions in procuring, compiling, interpreting, communicating or delivering the Services or the data associated therewith.
It is agreed that TaxSaleLists.com's liability (including the liability of any third party data provider) and Customer's sole remedy, whether in contract, under any warranty, in tort (including negligence), in strict liability or otherwise, shall not exceed the return of the charges paid by Customer, and under no circumstances shall TaxSaleLists.com (or any third party data provider) be liable for any special, incidental, punitive or consequential damages, including, but not limited to, personal injury, property damage, damage to or loss of equipment, lost profits or revenue, costs of obtaining replacement services and other additional expenses, even if TaxSaleLists.com has been advised of the possibility of such damages. The price stated for the Services is a consideration in limiting TaxSaleLists.com's liability and Customer's remedy.
Each Party hereto shall indemnify, defend, and hold harmless the other Party, its directors, officers, employees and agents with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that it is based upon a claim that, if true, would constitute a breach of any of the indemnifying Party's representations, warranties, or agreements hereunder. In claiming any indemnification hereunder, the Party claiming indemnification (the "Claimant") shall provide the other Party with written notice of any claim which the Claimant believes falls within the scope of this section within ten (10) days after it becomes known to such party, provided, however, that the failure to give such notice shall not relieve the indemnifying party of its obligations to indemnify. The Claimant may, at its own expense, assist in the defense if it so chooses, provided that the other party shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Claimant shall not be final without the Claimant's written consent.
- INDEMNIFICATION. Customer hereby agrees to protect, indemnify, defend, and hold harmless TaxSaleLists.com from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to use of information or Services received by Customer (or any third party receiving such information from or through Customer) pursuant to this Agreement.
- SURVIVAL OF AGREEMENT. Provisions hereof related to release of claims, indemnification, use of information and data, payment for TaxSaleLists.com Services and disclaimer of warranties shall survive any termination of this Agreement.
- ATTORNEY FEES. The prevailing party in any action, claim or lawsuit brought pursuant to this Agreement or to interpret or enforce it is entitled to payment of all attorney fees and costs expended by such prevailing party in association with such action, claim or lawsuit.
- CUSTOMER CHANGE. Customer shall notify TaxSaleLists.com immediately of any changes to the information it provided on TaxSaleLists.com's Service Application. TaxSaleLists.com reserves the right to terminate Customer's access to the Service or terminate this Agreement without further notice upon receipt of any change which, in its sole discretion, would prevent or hinder Customer in complying with its obligations under this Agreement.
- RELATIONSHIP OF PARTIES. Customer shall at no time represent that it is an authorized agent or representative of TaxSaleLists.com.
- CHANGE IN AGREEMENT. By receipt of the TaxSaleLists.com Services, Customer agrees to, and shall comply with, such revised and/or additional terms, as TaxSaleLists.com shall make from time to time. TaxSaleLists.com shall use reasonable efforts to provide notice by online click wrap amendments, facsimile, mail or other method.