TERMS AND CONDITIONS
This Agreement
is entered into between
TaxSaleDomination.com, Inc,
a
Florida Corporation , doing
business as Tax Sale Domination
and TaxSaleDomination.com, and
the entity set forth in the
Service Application Agreement
(Customer). The parties agree as
follows:
SERVICE.
TaxSaleDomination.com provides
Standard and data Enhanced tax
sale research (Services) using
its proprietary data gathering
systems and information obtained
from a variety of jurisdictional
entities. Customer hereby
subscribes to the use of
TaxSaleDomination.com's
Content for use solely as a
factor in making its business
decisions.
1. PERFORMANCE.
TaxSaleDomination.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
TaxSaleDomination.com Services;
provided, however, that
Customer accepts all information
AS IS. Customer
acknowledges and agrees that
TaxSaleDomination.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
TaxSaleDomination.com for the
accuracy or completeness of
information supplied in using
TaxSaleDomination.com's
Services. TaxSaleDomination.com
shall not be responsible for any
consequential or other damages
arising out of the use of the
Services.
TaxSaleDomination.com does not
warrant that the Services will
be timely or error free.
2.
CHARGES.
For each month Customer
uses the available tax sale
Services, Customer agrees to pay
to TaxSaleDomination.com the sum
of $97.00 (USD) unless Customer
has purchased an special
subscription.
TaxSaleDomination.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
TaxSaleDomination.com prices as
updated from time to time
through online announcements,
customer bulletins, and
published price schedules.
TaxSaleDomination.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
TaxSaleDomination.com's
Website (www.TaxSaleDomination.com)
and/or publications for such
notifications.
All current and future
TaxSaleDomination.com pricing
documents are deemed
incorporated herein, by
reference.
3.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
TaxSaleDomination.com Services
except in the ordinary and
customary course of Customer's
bona fide business. Under no
circumstances is Customer to
resell
TaxSaleDomination.com's
data through a website, or
otherwise, without express
written approval from
TaxSaleDomination.com. Customer
acknowledges that
TaxSaleDomination.com (and/or
TaxSaleDomination.com's
third party data providers)
shall retain all right, title,
and interest in and to the data
and information provided by the
TaxSaleDomination.com Services
under applicable contractual,
copyright, and related laws, and
Customer shall use such
materials consistent with
TaxSaleDomination.com's
interests and notify
TaxSaleDomination.com of any
threatened or actual
infringement of
TaxSaleDomination.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
content and materials provided
or accessed under this
agreement.
4.PAYMENT OF FEES.
Customer shall pay
TaxSaleDomination.com for all
charges incurred for the use of
the TaxSaleDomination.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.
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
application.
TaxSaleDomination.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.
5.TERM OF AGREEMENT.
This Agreement is for services
rendered and shall be in full
force and effect during such
periods of time during which
TaxSaleDomination.com is
providing Services to Customer.
6. 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 Florida, without effect
to conflict of law principles.
7. ASSIGNMENT. The
rights granted to Customer
pursuant to this Agreement to
use the TaxSaleDomination.com
Services may not be assigned by
Customer, in whole or in part,
without the prior written
consent of
TaxSaleDomination.com.
8.
WARRANTIES/LIMITATION OF
LIABILITY. Neither
TaxSaleDomination,
TaxSaleDomination.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,
TaxSaleDomination.com and its
content providers are hereby
collectively referred to as
TaxSaleDomination.com shall not
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
TaxSaleDomination.com's
acts, omissions or otherwise,
except as expressly set forth in
this Section.
TaxSaleDomination.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 TaxSaleDomination.com
(including any third party
content provider) for any damage
or loss caused in whole or in
part by
TaxSaleDomination.com's
acts or omissions in procuring,
compiling, interpreting,
communicating or delivering the
Services or the content
associated therewith.
It
is agreed that
TaxSaleDomination.com's
liability (including the
liability of any third party
content 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
TaxSaleDomination.com (or any
third party content 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
TaxSaleDomination.com has been
advised of the possibility of
such damages. The price stated
for the Services is a
consideration in limiting
TaxSaleDomination.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.
9. INDEMNIFICATION.
Customer hereby agrees to
protect, indemnify, defend, and
hold harmless
TaxSaleDomination.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.
10. SURVIVAL OF
AGREEMENT. Provisions hereof
related to release of claims,
indemnification, use of
information and content, payment
for TaxSaleDomination.com
Services and disclaimer of
warranties shall survive any
termination of this Agreement.
11. 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.
12. CUSTOMER CHANGE.
Customer shall notify
TaxSaleDomination.com
immediately of any changes to
the information it provided on
TaxSaleDomination.com's
Service Application.
TaxSaleDomination.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.
13. RELATIONSHIP OF
PARTIES. Customer
shall at no time represent that
it is an authorized agent or
representative of
TaxSaleDomination.com.
14. CHANGE IN AGREEMENT.
By receipt of the
TaxSaleDomination.com Services,
Customer agrees to, and shall
comply with, such revised and/or
additional terms, as
TaxSaleDomination.com shall make
from time to time.
TaxSaleDomination.com shall use
reasonable efforts to provide
notice by online click wrap
amendments, facsimile, mail or
other method.