Terms and Conditions
for National Foreclosure Services Web sites
January 1, 2003

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

This Web site, including all of its features and content (the “Web Site”) is a service made available by National Foreclosure Services, a division of National Foreclosure Services ("NFS") or its affiliates (“Provider”) and all content, information, services and software ordered or provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).

1. Web Site Limited License. As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.
2. Limitations on Use. The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not use the Content to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.
3. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
4. Linking to this Web Site. You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Site, (b) you give Provider notice of such link by sending an e-mail to our webmaster and (c) you discontinue providing links to this Web Site if requested by Provider. If you wish to provide links to a section within this Web Site, you should forward your request to Provider and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.
5. License of Your Content to Provider. By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
6. Registration: Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Provider with accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Provider does not permit a) anyone other than your company or you to use the sections requiring registration by using your username or password. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately.
7. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
8. Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.
9. DISCLAIMER. THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.
10. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT.
11. Privacy. Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our home page and at every point where personally identifiable information may be requested.

This notice applies to all information collected from or submitted to the following National Foreclosure Services ("NFS") web sites, but to make this notice easier to read we will use the term "our Web Site", which means nationalforeclosure.com, nationalforeclosureservices.com and nfsbpo.com. Other NFS web sites may operate under their own privacy notices.

Our Web Site contains links to other web sites operated by third parties. NFS is not responsible for the privacy practices or policies of such third party web sites and this Notice does not apply to those web sites.

This Notice applies only to the information collected by NFS from the users of our Web Site. It does not apply to information collected by NFS in any other way, including offline.

Our Web Site is not set up to automatically collect personally identifiable information from each visitor to our Web Site. It does recognize the home server of visitors, but not e-mail addresses. For example, we can tell which Internet Service Provider our visitors use, but not the names, addresses or other information about our visitors that would allow us to identify the particular visitors to our Web Site. This information is used only for internal purposes by our technical support staff.

Our Web Site does track certain information about the visits to our Web Site. For example, we compile statistics that show the numbers and frequency of visitors to our Web Site and its individual pages. These aggregated statistics are used internally to improve our Web Site and for product development and marketing purposes generally. Those aggregated statistics may also be provided to advertisers and other third parties, but again, the statistics contain no personal information and cannot be used to gather such information.

In a few areas on our Web Site, we ask you to provide information that will enable us to verify whether you are entitled to access and use certain information, materials and services available from our Web Site, or to enable us to enhance your site visit, to assist you with customer service or technical support issues, or to follow up with you after your visit, or to otherwise support your customer relationship with NFS. It is completely optional for you to participate.

For example, we request information from you when you:

  1. Log-on to certain areas of our Web Site, such as the nationalforeclosureservices.com, where you may be prompted to provide us with your username and password as a condition to gaining access to certain information, materials or services 
  2. Register or sign-up to use a service such as nationalforeclosureservices.com
  3. Subscribe to a newsletter or desire to be added to our mailing lists for other products or services 
  4. Place an order 
  5. Provide feedback in an online survey. 

In each of the instances above, we typically ask for your name, e-mail address, phone number, address, product preference information, username and password, as well as other similar personal information that is needed to register or subscribe you to services or offers. On occasion, we may ask for additional information to enable us to provide you with access to and use of certain information, materials and services. In the case of newsletters or mailing lists, you will be able to "unsubscribe" to these mailings at any time.

The personal information you provide to us when using our Web Site, such as your name, postal or e-mail address or telephone number will be kept confidential and used to support your customer relationship with NFS, and to notify you of special offers, updated information and new products and services from NFS, or offers from third parties that we think may be of interest to you. Agents or contractors of NFS who are given access to your personal information will be required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for NFS.

NFS may enhance or merge your information collected at its Web Site with data from third parties for purposes of marketing products or services to you.

With respect to network advertising companies (companies that manage and provide advertising for numerous unrelated companies), to the extent that NFS utilizes such advertising companies to provide advertisements on our Web Site, NFS may provide them with any demographic information about you that we collect. Those advertising companies may combine that data with non-personally identifiable data collected by the advertising company from your computer solely for the purpose of delivering on our Web Site advertisements that are targeted to you.

We will send you information about our various products and services, or other products and services we feel may be of interest to you. Only NFS (or agents or contractors working on behalf of NFS and under confidentiality agreements) will send you these direct mailings. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily opt out of receiving further marketing from NFS by emailing our webmaster.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
12. Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.