1. Acceptance
of Terms
Valley Foreclosure Specialists,
L.L.C. (VFS) welcomes you. We provide our service to
you subject to the following Acceptable-Use Policy
("AUP"), which may be updated by us from time to
time without notice to you. You can review the most
current version of the AUP at any time at:
www.valleyforeclosurespecialists.com.
2.
Description of Service
You understand and agree that our
information, products, and services are provided
"AS-IS" and that we cannot assume responsibility for
the timeliness, accuracy, or applicability of the
information provided.
3. Indemnity
You agree to indemnify and hold
VFS and its subsidiaries, affiliates, officers,
agents, employees, partners, and licensors harmless
from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or
arising out of your use of the Service, your
connection to the Service, or your violation of the
AUP.
4. No Resale
of Products or Services
You agree not to reproduce,
duplicate, copy, sell, trade, resell, or exploit for
any commercial purposes, any portion of the products
or services provided or sold by VFS.
5.
Modifications to Service
VFS reserves the right at any time
and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that VFS
shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of
the Service.
6. Links
The Service may provide links to
other World Wide Web sites or resources. Because VFS
has no control over such sites and resources, you
acknowledge and agree that VFS is not responsible
for the availability of such external sites or
resources, and does not endorse and is not
responsible or liable for any content, advertising,
products, or other materials on or available from
such sites or resources. You further acknowledge and
agree that VFS shall not be responsible or liable,
directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods,
or services available on or through any such site or
resource.
7. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
(a) YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. VFS AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VFS OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AUP.
8. LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT VFS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF VFS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; OR (iv) ANY OTHER MATTER RELATING TO THE
SERVICE.
9. Entire
Agreement
This AUP constitutes the entire
agreement between you and VFS and governs your use
of the Service, superseding any prior agreements
between you and VFS with respect to the Service.
10. Choice of
Law
The AUP and the relationship
between you and VFS shall be governed by the laws of
the State of Arizona without regard to its conflict
of law provisions. You and VFS agree to submit to
the personal and exclusive jurisdiction of the
courts located within the county of Maricopa,
Arizona.
11. Waiver
and Severability of Terms
The failure of VFS to exercise or
enforce any right or provision of the AUP shall not
constitute a waiver of such right or provision. If
any provision of the AUP is found by a court of
competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected
in the provision, and the other provisions of the
AUP remain in full force and effect.
12. Statute
of Limitations
You agree that regardless of any
statute or law to the contrary, any claim or cause
of action arising out of or related to use of the
Service or the AUP must be filed within one (1) year
after such claim or cause of action arose or be
forever barred.
13. Paragraph
Headers
The paragraph headers in the AUP
are for convenience only and have no legal or
contractual effect.
