321Homes.net - Terms of Use

By visiting or using the www.321homes.net Web site (the "Web site"), or any co-branded and/or linking site, or by participating in any www.321homes.net sponsored educational program or seminar the user ("User") agrees to be bound by these Terms and Conditions of Service and that such agreement constitutes a binding contract between User and www.321homes.net. If User does not wish to be bound by these Terms and Conditions of Service, the User should not visit or use the www.321homes.net Web site.

www.321homes.net reserves the right to change these Terms and Conditions of Service from time-to-time at its sole discretion. In the case of any violation of the Terms and Conditions of Service, www.321homes.net reserves the right to seek all remedies available by law and in equity for such violations. These Terms and Conditions of Service apply to all visits to the www.321homes.net Web site, to the education portion of the Web site both now and in the future.

Trial Membership

User understands that the $39.99 monthly fee to access the data on www.321homes.net will start if User does not cancel during the 2 day (48 hour) trial period. User also understands that after the expiration of the trial period, User may continue to access www.321homes.net's database as long as Users account is current. User also agrees to pay the monthly charge and will be automatically billed to the credit card listed given to www.321homes.net until User decides to cancel. User may use the trial period for one time only. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the www.321homes.net subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.

Property Guarantee

321 Networks and 321 Homes do not guarantee any specific property availability. This includes any foreclosures, pre-foreclosures or rent to own homes. Due to the nature of foreclosures and the current market and competition, any advertised property may not be available within our database. For clarification, any property or home availability cannot be guarunteed by 321 Networks or 321 Homes.

No Endorsements; User Waiver of Claims

User acknowledges that www.321homes.net sells no real estate or real estate services ("Product") through this Web site. Certain real estate brokers, lenders, educational providers, speakers, seminar agents or other real estate or educational service providers (collectively, the "Vendors") may post information on this Web site or contact you at your request, but User understands that www.321homes.net is not affiliated with any such Vendors and in no way endorses or recommends any particular Vendor. User is in no way obligated, required or encouraged to utilize any of the Vendors posting information on this Web site, including those providing educational, seminar or other published materials. If User decides to utilize a Vendor, any transaction, offer to buy or sell or related communication conducted on this site is solely between User and Vendor. The exclusive remedy arising from communications on or through this Web site is between User and relevant Vendor. User agrees that, in return for permission to use the Web site, he or she waives any and all claims against www.321homes.net that are connected to use of this Web site or any vendor that provides services or products on this Web site.

General Disclaimer

Although www.321homes.net has made reasonable efforts to place accurate information on this Web site, www.321homes.net assumes no responsibility for the accuracy of the information. www.321homes.net PROVIDES THIS WEB SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL OR ANY OTHER REFERENCE IS PROVIDED "AS IS" WHERE IS AND www.321homes.net FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS www.321homes.net DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

www.321homes.net SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT www.321homes.net HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.

Indemnification

User agrees to indemnify and hold harmless www.321homes.net, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

Copyright/Restrictions on Use of Material

The subscription to www.321homes.net services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the www.321homes.net Web site or on any other co-branded Web site, by any subscriber in any capacity, is strictly prohibited and a material condition to the use of the www.321homes.net site. The same shall be acknowledged to be copyright infringement on the valid filed or unfiled copyrighted material of www.321homes.net, which constitutes the intellectual property of 321 Networks, INC. Use of this Web site constitutes the uncontroverted acknowledgement of the copyrighted material contained therein. Data mining, screen scraping, copying graphics, maps, designs, logos or downloading and compiling data or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other foreclosure information contained within the www.321homes.net or co-branded Web sites in a commercial manner is strictly prohibited. www.321homes.net reserves the right to immediately terminate any account that is being used in such activity without notice. The reposting, manipulation, display or other Web-based presentation of data obtained through the www.321homes.net Web site (or co-branded Web site) on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. Customer shall always use the real property ownership information for the Customer's own internal business purposes only;

Customer shall not use the real property ownership information for reproduction, sale, publication or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation;
Customer shall acquire no proprietary rights in or to the real property ownership information or in any data contained therein, which rights remain the Licensee and its data suppliers;
Customer shall not disclose or provide the real property ownership information to any affiliates or parent organization if they do not have a need to know for the purposes permitted in the Customer Agreement or are otherwise covered under the Customer Agreement;
Customer acknowledges that Licensee Reports, as well as the data contained therein, is sourced from public documents or statistical calculations and is provided on an "as is, as available" basis with all faults and defects. The data supplier does not make any warranties, expressed or implied, including without limitation, those of merchantability and fitness for a particular purpose, nor is the data supplier responsible for errors, omissions, miscalculations, or misrepresentations of value;
Customer acknowledges that the real property ownership information is proprietary information of Licensee and suppliers, under copyright, and has been furnished to Customer in trust. Customer acknowledges that the information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. Customer will issue appropriate instructions to all of its employees having access to the Licensee Reports concerning the restrictions contained herein, and shall initiate reasonable security measures to prevent the accidental or otherwise unauthorized use or release of the real property ownership information, with particular respect to consumer information that is or may be considered "sensitive" such as financial or personally identifiable information, including but not limited to, owner name, mortgage values, sale amounts, estimated property values, real estate loan information, default, and foreclosure information, as related to a named individual owner;
Customer acknowledges that automated valuation models attempt to estimate the current market value of a piece of residential real property using technology. An estimated value is not an appraisal and neither Licensee nor its suppliers or licensors make any warranties expressed or implied that any estimated property values associated with the service or as contained in any report are complete, guaranteed as accurate, fit for a particular purpose, or merchantable. Any estimated values are delivered "as is," with all faults and defects. Use of estimated property values is done so that the sole risk and responsibility of Customer or the ultimate end user of such values. In no event shall Licensee or its suppliers or licensors be liable for use or misuse of estimated values, any use or misuse in violation of any law, regulation, or industry standard, the inability or failure of a person or entity to conduct business, or for any indirect, special or consequential damages related to use or misuse of an estimated value regardless of the circumstances;
Any use of the service and underlying real property information by Customer shall be at its own risk, and Customer hereby indemnifies Licensee and its suppliers or licensors with respect thereto. In no event shall Licensee and its suppliers or licensors be responsible for any errors, omissions, miscalculations, or misrepresentations of value;
Licensee's data supplier is not responsible for any damages, including but not limited to, those incurred as a result of lost profits or revenue, loss of use of the Licensee Reports, loss of any substitute data or claims by third parties, or for other similar costs. In no event shall Licensee's data supplier be liable for any damages resulting from Customer's inability or failure to access any Web site;
Customer acknowledges that certain states and federal regulatory bodies have enacted laws that place restrictions on marketing activities, including but not limited to, use of public record information in connection with mortgage lending or other financial services mail marketing, or permitting a telephone customer to give public notice that such customer does not wish to receive sales solicitation telephone calls. Licensee and its data suppliers disclaim any warranty, expressed or implied, that the real property information is free from any consumer information that may give rise to a privacy claim.

Trademarks, Service Marks, Logos, Corporate Identifications Protected

All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web site are trademarks or service marks of www.321homes.net or 321 Networks, INC. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web site is strictly prohibited without prior written approval by www.321homes.net.

User's Code of Behavior

User agrees not to post on the Web site any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on this Web site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to www.321homes.net must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.

Usage of the subject site shall be limited to non-robotic, non-mechanical or other non-artificial/software based searches, which shall not exceed 200 searches per 24-hour period. Violation of this use policy subjects the user to immediate termination of service without refund or pro-rated credit for any subscription fee.

By subscribing to the www.321homes.net service, User agrees not to disclose any assigned access code to others. User also agrees not to distribute the information contained in www.321homes.net to any person or organization, by any means, printed, electronic or other.

Cancellations

User understands that to cancel service, user must log-in to the www.321homes.net Web site cancel screen within; My Account. The "cancel screen" can be accessed following "Login" within the "My Account" page.

There is one method to cancel an account:

Login to www.321homes.net and click on the "My Account" link at the top of the screen. On this page there is a "Cancel Membership" button that will allow the User to cancel his or her service.

At the cancellation page, User will be instructed to submit their cancelation request. www.321homes.net will not accept an "email," "phone call," "phone message," or "fax" as a method of canceling service unless the customer speaks directly with a customer service representative; User must use the "cancel page" to cancel this service.

User must use the cancel process stated above to cancel this service. Refunds will not be issued to a user based upon his or her personal views or opinions of www.321homes.net or for any period of service that is in excess of one (1) months when the user has used the service or has otherwise obtained information from the site through the assigned login information. www.321homes.net can directly determine if an individual account has been used. By way of example if a user has been a subscriber to the service for six (6) months any cancellation or refund shall be limited to a maximum of one (1) month service to be addressed on a case-by-case basis. This includes the quality of content, delays in updates, or related matters. Users have the option to cancel (see "Cancellations") within the trial period. Any exceptions to this policy are at the sole discretion of www.321homes.net. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the www.321homes.net subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.

www.321homes.net will not be held responsible for charges incurred because of User inputting an invalid or incorrect email address when signing up. Furthermore, User's non-use of the site, misplaced or lost access codes, shall not justify User receiving any refund for any services charged.

Links to/from Third Party Sites

This Web site contains links to third party sites. User accesses these sites at User's own risk; www.321homes.net is not responsible for the contents, changes, updates, or other links contained in a linked site. www.321homes.net provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by www.321homes.net of the site. Any third party desiring to link to the Web site must link to the Web site's homepage located at www.321homes.net. No one may link to any other page of this Web site without the prior written consent of www.321homes.net.

Authorization, Credit Cards, Debit Cards, ACH Transactions

By signing up to the trial or for any direct service provided by www.321homes.net and by providing either credit card, debit card or ACH transaction information, the User consents to the subsequent recurring billing for services/access provided by www.321homes.net after the expiration of any trial period to the extent said period is applicable or in the event a trial is not applicable, User consents to recurring billing for services/access provided on an ongoing basis. Such recurring billing shall continue until such time as the User cancels the service in accordance with the cancellation policy. DEBIT CARD CUSTOMERS ARE ADVISED THAT BASED ON THE TRIAL PROGRAM AND DEBIT CARD PROCESSING SYSTEM, ONE MONTHS PAYMENT WILL TEMPORARILY REDUCE THE OPEN TO BUY BALANCE ON THE DEBIT CARD AT THE TIME OF SIGNUP SO THAT SUFFICIENT FUNDS ARE AVAILABLE IN THE EVENT THE CUSTOMER CONTINUES WITH THE SERVICE AFTER THE TRIAL. IN THE EVENT THE SERVICE IS CANCELLED IN ACCORDANCE WITH THE CANCELLATION POLICY THIS OPEN TO BUY BALANCE WILL BE AVAILABLE AFTER CANCELLATION. No funds are transferred to www.321homes.net from debit cards until after the expiration of the trial period. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the www.321homes.net subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.

No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and www.321homes.net as a result of use of the Web site.

Privacy

Personal information is defined as any information entered when registering or using services obtained through our Web site, information you provide as part of registration for one of our education or seminar programs or any other information collected about you on our Web site (such as how long you spend on the Web site, what you look at on the Web site, etc.) We at www.321homes.net constantly strive to provide useful products and services based on the content of our site, including participants in our educational programs and seminars and on related subjects of interest. We may sell or distribute certain individual personal information to other companies, including related interests or vendors so as to provide you with important offers. We may also use or provide partners with aggregate information from the information provided by all users. If you linked to this page (or subscription form) from another Web site, information entered here may be disclosed to the owners of such Web site and to other third parties. If you are a participant in our educational programs and seminars we may provide you special offers on related subjects of interest or an email displaying those subjects.

Entire Agreement

By subscribing to the www.321homes.net's service, I agree not to disclose my access code to others. I also agree not to distribute the information contained in www.321homes.net to any person or organization, by any means, printed, electronic or other.

The above Terms and Conditions of Service constitute the entire and only agreement between User and www.321homes.net on the matters described. User understands that User may be subject to further restrictions while using Vendors' Web sites.