| |
| Terms of Service |
americandiscountproperties.com - TERMS OF SERVICE
IMPORTANT - READ CAREFULLY BEFORE PROCEEDING
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING THE "I ACCEPT"
BUTTON. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS
AGREEMENT, YOU ("Subscriber") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS
AGREEMENT FOR THE USE OF American Discount Properties.Com SERVICES ("Services") PROVIDED BY
("American Discount Properties.com"). IF SUBSCRIBER IS NOT WILLING TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT, SUBSCRIBER SHOULD PROMPTLY EXIT FROM THIS WEBSITE AND REFRAIN
FROM USING ITS SERVICES. BY USING OR ACCESSING, THE SERVICE SUBSCRIBER AGREES TO BE BOUND BY
THE FOLLOWING TERMS AND CONDITIONS.
IF SUBSCRIBER HAS NOT REACHED LEGAL AGE OF MAJORITY, OR IS OTHERWISE NOT PERMITTED BY LAW TO
BE A PARTY TO THIS AGREEMENT, SUBSCRIBER ACKNOWLEDGES THATamericandiscountproperties.com IS
PROVIDING THE SERVICE WITH THE IMPLICIT UNDERSTANDING THAT SUBSCRIBER'S LEGAL GUARDIAN IS NOT
OPPOSED TO SUBSCRIBER'S USE OF THE SERVICE. americandiscountproperties.com RESERVES THE RIGHT TO
DISCONTINUE SERVICES AND/OR PURSUE LEGAL ACTION IN THE EVENT SUBSCRIBER DOES NOT
americandiscountproperties.com OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN. IN
RESPONSE TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA") WE REQUIRE THAT SUBSCRIBER
BE AT LEAST 18 YEARS OLD TO USE americandiscountproperties.com SERVICES.
1. GRANT OF RIGHTS TO USE SERVICES.
Effective upon acceptance of this Agreement, American Discount Properties.com hereby grants to Subscriber a
personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for
Subscriber's non-commercial use.
Subscriber shall have no right to sell, resell, reproduce, duplicate, copy, neither distribute, create derivative works or
exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services nor make
any claim that it does have such right.
The services provided by americandiscountproperties.com hereunder may allow Subscriber to perform various online
messaging and communications functions (collectively, the "Services"). Unless explicitly stated otherwise, any new
features provided by American Discount Properties.com that augment or enhance the current Services shall also
constitute "Services" and shall be subject to these terms and conditions.
Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the World Wide
Web and all charges associated with such connection, including but not limited to obtaining a PC and modem or other
access device, having access to the World Wide Web and phone service charges.
2. americandiscountproperties.com PROPRIETARY RIGHTS.
As between the parties, americandiscountproperties.com shall retain all right, title and interest to the Services including
all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with
respect to all technology and telephone numbers used in connection with or provided as part of the Services.
Subscriber may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify,
decompile, disassemble or reverse engineer the Services for any purpose whatsoever. Subscriber may not allow any
third party to access the Services for any purpose whatsoever.
The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any
trademark is granted under this Agreement.
Subscriber may not grant any sub license, lease or other right in the Services to any third party. All rights not expressly
granted under this Agreement are retained by americandiscountproperties.com.
3. SUBSCRIBER REGISTRATION.
Subscriber agrees to provide true, accurate, current and complete data to americandiscountproperties.com upon
signing up for the Services and at subsequent times as requested by americandiscountproperties.com.
If Subscriber provides data that is, or that American Discount Properties.com suspects to be, false, inaccurate, not
current or incomplete, americandiscountproperties.com has the right to suspend or terminate Services and refuse any
and all current or future use of all Services, or any portion thereof.
Subscriber acknowledges that American Discount Properties.com may distribute the registration data to third parties,
provided, however, Subscriber's name, address (home and email) and telephone number will not be distributed, unless
required by law, or in the event Subscriber grants americandiscountproperties.com the right to provide that information.
Subscriber shall maintain and promptly update the registration data as applicable, including, but not limited to:
Change in address
Change in credit card account status (e.g.closed account, maximum credit use)
Change in expiration date of credit card account
Upon completion of all registration information and acceptance of this Agreement, Subscriber will receive a password,
user ID, and when applicable, a PIN and telephone number(s).
Subscriber is solely responsible for the maintaining the confidentiality of Subscriber's password and PIN, and will be
responsible for all transactions and activities that occur as a result of Subscriber's disclosure of such password and/or
PIN, whether or not such transactions and/or activities were authorized by Subscriber.
Subscriber shall not give account information to third parties and shall at all times be responsible and liable for any
transactions or activities that occur on Subscriber's account.
Subscriber shall immediately notify American Discount Properties.Com if any unauthorized use of Subscriber's account
has occurred or of any other breach of security.
4. TERMINATION AND REFUND.
SUBSCRIBER RIGHTS TO CHANGE OR END THIS AGREEMENT
Subscriber may terminate its rights to receive Services hereunder by providing written notice to American Discount
Properties.com.
If Subscriber terminates its rights to receive Services hereunder in the manner prescribed above, Subscriber will be
billed through the end of the billing cycle in which such rights are terminated.
Upon any termination of Subscriber's right to receive Services hereunder, Subscriber shall immediately cease to use
the Services and americandiscountproperties.com shall have no further obligations whatsoever to Subscriber.
Any change in Service requested by Subscriber shall be at americandiscountproperties.com discretion and shall be
subject to the provisions of this Agreement.
American Discount Properties.com will charge a membership fee within the first 30 days of the account creation. After
30 days, billing will commence. If SUBSCRIBER cancels after the first 30 days of the account creation, SUBSCRIBER will
be billed through the end of the current billing cycle and no refund will be issued.
Cancellations of accounts must be submitted in writing to Customer Support from the email address that was used to
create the account. The Customer Support email address is conveniently located on each individual membership site.
Americandiscountproperties.com RIGHTS TO RESTRICT OR END SERVICE OR THIS AGREEMENT
To maintain or improve the Services, to prevent fraud, or for any other reason determined by
americandiscountproperties.com, at its sole discretion, may restrict, suspend, terminate or modify Subscriber's service
with or without notice. Without limiting the generality of the foregoing, americandiscountproperties.com may restrict,
suspend or terminate Subscriber's Services with or without notice for reasons including, without limitation, if Subscriber:
Incurs charges that cannot be billed
Exceeds any credit limit
Makes a false statement to americandiscountproperties.com
Interferes with americandiscountproperties.com customer service or other business operations Becomes insolvent or
go bankrupt
Breaches any part of this Agreement
americandiscountproperties.com may also do so if:
Subscriber's credit information cannot be verified.
americandiscountproperties.com believes or suspects that Subscriber's account is being misused or used by anyone
for unlawful activity.
americandiscountproperties.com believes or suspects that the use of Subscriber's account adversely affects or has the
potential to affect service to other customers.
americandiscountproperties.com believes or suspects that the use of Subscriber's account adversely affects or has the
potential to affects American discount properties.com, operations.
Upon any termination in accordance with the foregoing, americandiscountproperties.com may immediately deactivate or
delete Subscriber's account and all related information and files in Subscriber's account, reassign any telephone
numbers associated with the account, and/or bar any further access to such files, information, or the Services.
americandiscountproperties.com shall not be liable to Subscriber or any third party for any reason for terminating this
Agreement or access to Services or for modifying this Agreement and/or the Services.
5. WARRANTY DISCLAIMER.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND
americandiscountproperties.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED
STATES OR ANY STATE THEREOF. americandiscountproperties.com MAKES NO REPRESENTATIONS OR
WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT
OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE
SOLELY BY SUBSCRIBER.
americandiscountproperties.com MAKES NO WARRANTY THAT THE SERVICES WILL MEET SUBSCRIBER'S
REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT
ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. americandiscountproperties.com IS NOT RESPONSIBLE
FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE
SERVICES OR THE INTERNET IN GENERAL.
americandiscountproperties.com DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY GOODS OR SERVICES
PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTION ENTERED
INTO THROUGH THE SERVICE.
americandiscountproperties.com DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS
OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE
OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER ACKNOWLEDGES THAT ANY
DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE
SERVICES ARE AT SUBSCRIBER'S SOLE RISK AND DISCRETION AND americandiscountproperties.com WILL NOT
BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER'S PROPERTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM
americandiscountproperties.com, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF
THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL americandiscountproperties.com BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT,
WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY.
americandiscountproperties.com LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL
NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY. The limitation of liability reflects
the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any
limited remedy specified in this Agreement is found to have failed of its essential purpose. SOME JURISDICTIONS DO
NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT
APPLY TO SUBSCRIBER.
7. Indemnification.
Subscriber shall indemnify and hold harmless americandiscountproperties.com its directors, officers, employees and
agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages
resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber's use of the Services and/or
any breach of the terms and conditions of this Agreement by Subscriber.
8. INTERNATIONAL USE
americandiscountproperties.com makes no representation that materials on its web site(s) are appropriate or available
for use in locations outside the United States,and accessing them from territories where their contents are illegal is
prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding
the transmission of technical data exported from or imported to the United States or the country in which Subscriber
resides.
9. MODIFICATION TO SERVICES.
During the term of this Agreement, americandiscountproperties.com may modify or discontinue the Services at any time
and with or without notice to Subscriber.
Without limiting the generality of the foregoing, americandiscountproperties.com may, from time to time, with or without
notice and at its sole discretion, establish or change various practices, limitations and restrictions for administering
such Services, including without limitation:
(a) how often all or a part of the Services or account may be accessed;
(b)
the duration of any access;
(c) the maximum number of days that messages or postings will be retained;
(d) the
maximum number of messages or postings allowed;
(e) the size and nature messages and postings;
(f) the maximum
storage space available for an account;
and (g) any other matter related to the administration of the Services.
Subscriber agrees that americandiscountproperties.com shall not be responsible or liable in any way for deactivation or
deletion of accounts or for loss of e-mails, audio clips, voice mails, uploads, communications, postings, data or
information as a result of, or arising out of, administration of the Services, whether or not Subscriber is given prior
notice thereof.
americandiscountproperties.com may delete accounts that are inactive for an extended period of time.
americandiscountproperties.com shall not be liable to the Subscriber or any third party for any reason for
americandiscountproperties.com modifying or terminating the Services, in whole or in part.
Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the
Services. americandiscountproperties.com shall not be responsible or liable in any way for any information or data loss
in connection with the Services.
10. MODIFICATION TO AGREEMENT.
americandiscountproperties.com reserves the right to change the terms and conditions of this Agreement, by posting a
revised version of the Agreement at Terms of Service or its successor site.
Use of the Services signifies Subscriber's agreement to all terms, conditions and notices contained or referenced
herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes
acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber.
If Subscriber does not agree to the changes, Subscriber shall immediately cease all use of the Services.
11. RULES AND REGULATIONS
Subscriber shall be solely liable for any transmissions sent through the Service. americandiscountproperties.com has
no control over the content of any transmission nor will it be liable for such content.
Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which
are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may
be considered or are unethical, immoral, violations of any third party's rights, or illegal.
Further, Subscriber will abide by all rules, regulations, procedures and policies of americandiscountproperties.com and
any policies of the networks connected to the Services.
Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is
solely responsible for all acts or omissions that occur under Subscriber's account or password, including the content of
Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:
Use the Service in connection with chain letters, junk email, voice mail, faxes,spamming or any duplicative or unsolicited
messages (commercial or otherwise);
Harvest or otherwise collect information about others, including email addresses, without their consent;
Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of
the sender or the origin of the message;
Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature;
Transmit any material that may infringe the intellectual property rights or other rights of third parties, including
trademark, copyright or right of publicity;
Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or
deleterious programs;
Violate any U.S. or foreign law regarding the transmission of technical data or software exported through the Service;
Interfere with, disrupt networks connected to the Service, or violate the regulations, policies or procedures of such
networks;
Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the
Service, through password mining or any other means;
Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar
services.
americandiscountproperties.com is under no obligation to monitor the information or content available or transmitted
through the Services. Subscriber agrees that americandiscountproperties.com shall have the right, but not the
obligation, at its sole discretion, to refuse or remove any content, in whole or in part, that violates this Agreement or is
otherwise objectionable.
Subscriber acknowledges and agrees that americandiscountproperties.com may preserve
content and may also disclose content if required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to:
Comply with legal process
Enforce this Agreement
Respond to claims that any Content violates the rights of third-parties
Protect the right, property, or personal safety of americandiscountproperties.com, its users and the public.
Subscriber may provide information, including but not limited to feedback, data, answers, questions, comments,
suggestions, plans and ideas to americandiscountproperties.com. Such information shall be deemed non confidential
and americandiscountproperties.com assumes no obligation to protect such information from disclosure. The
submission of such information to americandiscountproperties.com shall in no way prevent the purchase, manufacture,
or use of similar products, services, plans and ideas by americandiscountproperties.com for any purpose whatever.
americandiscountproperties.com shall be free to reproduce, use, disclose and distribute such information to others
without restriction. Subscribers shall have no recourse against americandiscountproperties.com for alleged
infringement or misappropriation in connection with any information or materials submitted to
americandiscountproperties.com hereunder.
12. ELECTRONIC TRANSACTIONS
Subscriber agrees that by entering into transactions with americandiscountproperties.com, Subscriber affirms consent
to receive all information, copies of agreements and correspondence ("Documents") from americandiscountproperties.
com in an electronic format, and to also send information to americandiscountproperties.com in an electronic format,
either through Subscriber's account or via email, at americandiscountproperties.com discretion. Subscriber agrees to
treat any such electronic Documents received from americandiscountproperties.com or sent to
americandiscountproperties.com as being legally equivalent to any "written" information Subscriber would receive or
send in print or by postal mail. Subscriber's transactions with americandiscountproperties.com indicates that Subscriber
agrees to treat all electronic Documents received from or sent to americandiscountproperties.com as having full legal
enforceability and legal effect.
In any situation where Subscriber's signature may be required to process a transaction,
compliance with a commercially reasonable attribution procedure agreed to, adopted by the parties, or established by
law for authenticating a record shall authenticate the record. Without limiting the foregoing, the parties agree that if
Subscriber enters the user name of Subscriber’s account, and enter the PIN number or password associated with the
account; such process shall constitute a legally binding signature by Subscriber. Subscriber acknowledges and agrees
that americandiscountproperties.com will not be responsible for Subscriber's failure to receive any electronic
Documents, and in the event Subscriber is expecting to receive some electronic Documents that in fact Subscriber
does not receive, Subscriber will notify americandiscountproperties.com immediately. Subscriber further acknowledges
and agrees that Subscriber's responsibilities or the methods by which americandiscountproperties.com sends
Subscriber electronic Documents may be altered from time to time, at americandiscountproperties.com discretion, and
americandiscountproperties.com will give Subscriber advance notice of such changes.
Subscriber agrees that Subscriber will take all reasonable measures to protect the security and confidentiality of all
Pins, user names and passwords issued hereunder and will inform americandiscountproperties.com immediately if
Subscriber discovers that any of these items have been given out (intentionally or accidentally) to other people.
Subscriber agrees that Subscriber will review Subscriber's transaction(s) carefully prior to accepting them and that
once Subscriber accepts any transaction, it will be final, binding upon Subscriber and unchangeable in any way.
13. BILL PAYMENT.
Subscriber shall be required to pay monthly subscription charges and enhanced service charges in connection with the Services, as stated by americandiscountproperties.com. There may be additional fees if Subscriber requests a change in any Services. Depending upon the level of Services selected by Subscriber, there may fees and charges for any special or enhanced services Subscriber uses. Any of the foregoing may be billed to Subscriber when they reach a limit as americandiscountpropertiescom determines at its sole discretion. There will be no charges to the subscriber's account that the scriber's have not autorized through our website.
americandiscountproperties.com bills subscription charges and charges for certain enhanced Services in advance.
Subscriber will pay americandiscountproperties.com for all charges billed to Subscriber's account, whether or not
Subscriber was the user of the account. Subscriber has the right to dispute charges on Subscriber's bill, but only if
Subscriber notifiesamericandiscountproperties.com of the dispute within thirty (30) days after the applicable billing date.
If Subscriber fails to notify americandiscountproperties.com of any dispute within such thirty (30) day period, Subscriber
shall have irrevocably waived the right to dispute any such charge. Subscriber must pay all charges on time until the
dispute is resolved. If the dispute is resolved in Subscriber's favor, americandiscountproperties.com will refund the
disputed amounts to Subscriber.
americandiscountproperties.com will charge Subscriber the rates in effect under Subscriber's subscription plan.
Subscriber's billing cycle starts on the day the subscription purchase is successfully processed. If there is a change in
subscription plan, there may be a resulting change in Subscriber's billing date. If Subscriber changes Subscriber's
Services from a billed plan to a free plan, Subscriber will b americandiscountproperties.com e billed through the end of
the billing cycle in which such a change is made.
Subscriber agrees that all payments will be made to americandiscountproperties.com via credit or debit card, issued by
a US bank, including Master Card®, VISA®, American Express® or Discover®. americandiscountproperties.com may
change the credit cards accepted at any time, at its sole discretion. Subscriber's name and address as it appears on
Subscriber's americandiscountproperties.com account must also be on the credit account from which Payment is made.
If Subscriber provides a credit card number thatamericandiscountproperties.com accepts for payment of Subscriber's
monthly bills, Subscriber is authorizing americandiscountproperties.com to charge the amounts Subscriber owes, then
or later, to that credit card account and to demand immediate payment from the card issuer. Subscriber also agrees to
pay, under the terms of Subscriber's agreement with the card's issuer, the amounts charged to Subscriber's credit
card. Every time Subscriber uses americandiscountproperties.com Services, Subscriber re-affirms that
americandiscountproperties.com is authorized to charge Subscriber's card. Subscriber agrees to authorize
americandiscountproperties.com to charge purchases made online to the credit card account supplied to
americandiscountproperties.com when the subscription was i americandiscountproperties.com Initiated, or the card that
americandiscountproperties.com has on file when the purchase is made. Subscriber agrees to pay all costs and
expenses, including without limitation attorney's fees, incurred by americandiscountproperties.com to collect any
monies due under terms of this Agreement.
14. AFFILIATE FEES
americandiscountproperties.com offers an "Affiliate Program" to reward those who refer new clients to
americandiscountproerties.com. Subscriber agrees that americandiscountproperties.com.reserves the right to
determine through its own means that, if anyone, gets "credit" for a new client. Subscriber agrees that
americandiscountproperties.com may change its Affiliate Program at any time without warning or notification including
but not limited to payment method, payment schedule, payment "levels", payment calculations, reporting methods.
Subscriber agrees that americandiscountproperties.com may cancel the affiliate program at any time without warning or
notification.
americandiscountproperties.com may use any manual or automated methods it desires to determine who a
new member was referred by including but not limited to manual entry, special links, date-limited "cookies", session
"cookies", or special pages. Subscriber agrees that regardless of the method chosen by americandiscountproperties.
com, it is likely that the actual number of referrals will be higher than the credited number of referrals made due to
various inefficiencies in tracking technology and Subscriber further agrees to use americandiscountproperties.com
count. Subscriber agrees that Subscriber will keep americandiscountproperties.com informed of all postal address and
e-mail address changes for the Subscriber. Subscriber may appeal the amount of a payment within 30 days of a
payment being sent and may request investigation into a missing payment within 30 days of when
americandiscountproperties.com should have sent the payment under the current Affiliate program rules. Subscriber
agrees that if a Subscriber's membership is terminated for any reason, Subscriber forfeits all rights to future affiliate
payments.
15. THIRD PARTY ADVERTISER.
Subscribers may enter into transactions with advertisers on the Services.
Such transactions shall be between Subscriber and advertisers and americandiscountproperties.com shall have no
responsibility or liability in connection with any such transaction or the information, goods or services provided by any
such advertiser.
16. RE-SIGN UP
If a subscriber signs and then either cancels his/her account or has his/her account canceled due to a declined credit
card or check draft and then the subscriber or his family member or business partner re-signs up funder a new user
name then the subscriber or his family member or business partner shall be charged a $99 re-activation fee. Also,
americandiscountproperties.com shall immediately charge the designated monthly fee without giving the Free Trial.
17. GENERAL.
Governing Law; Limitations; Venue. The laws of the State of Delaware , excluding any rule or principle that would refer
to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by
applicable law, any claims or causes of action arising from or relating to Subscriber access and use of the Services as
contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause
arose or was accrued. All obligations of the parties created under this Agreement are performable in Harris County,
Texas. Further, any such claim or cause of action may EXCLUSIVELY be brought in the state or federal courts located
in Houston, Harris County, Texas, and You agree to submit to the exclusive personal jurisdiction of such courts and
hereby appoint the Secretary of State of Texas as Your agent for service of process. You agree to waive any objection
that the state or federal courts of the state of Delaware are an inconvenient forum.
This Agreement, including any documents incorporated herein by reference, merges all prior written and oral
communications and defines the entire agreement of the parties concerning the Services.
In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall
remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible,
to reflect the intentions of the parties.
All notices under this Agreement shall be in writing and delivered by email or in writing.
Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this
Agreement shall cause myhousedeals.com irreparable harm and americandiscountproperties.com may obtain injunctive
relief as well as seek all other remedies available to americandiscountproperties.com in law and in equity.
Subscriber shall not transfer or assign this Agreement or Subscriber's rights under this Agreement. Any purported
transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on
and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.
The failure of americandiscountproperties.com to exercise its rights under this Agreement will not be construed as a
waiver of such rights, nor will it in any way affect the validity of this Agreement. The provisions of this Agreement
relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties,
limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason.
Subscriber may only contact property sellers when attempting to buy the seller's property. Subscriber may not contact
property sellers to advertise their services or to get the seller to advertise the property on another website, email list, or
other medium.
The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Services to Subscriber.
Fair Housing:
All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). The Site will not knowingly accept any real estate advertising which is in violation of any applicable law. Users are hereby informed that all dwellings advertised on the Site are available on an equal opportunity basis. To complain of discrimination call HUD toll-free at 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275
Posting of Ads:
You understand that each time you post an ad on this Site or otherwise use the Site, you agree to these Terms. By agreeing to these Terms, you acknowledge that the Site may send you e-mail messages telling you about products and services offered by the Site (or its affiliates and partners) You understand and agree that such communications are part and parcel of your registration for and use of the Site; if you do not wish to receive further communications from the Site (or its affiliates and partners), you must cancel your registration by sending a cancellation notice to support@americandiscountproperties.com.
Fees:
The Site may impose a fee on the posting of Content in certain areas of the Site. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms. Under no circumstances will the Site provide a refund in the event that Content is removed from fee-based areas for violation of these Terms.
Links:
The Site has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. Any websites linked to or from the Site are for your convenience only, and you access them at your own risk.
Release:
The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Site is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from posting ads or using the Site. You understand that all postings, ads, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively "Content") posted on, transmitted through, or linked from the Site, are solely the responsibility of the person from whom such Content originated. You understand that the Site does not control, and is not responsible for Content available on the Site. You agree that the Site does not pre-screen, monitor or approve any Content, but that the Site shall have the right, but not the obligation to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit or delete any Content for any reason whatsoever. The Site shall not be responsible for any interaction between you and the other users of the Site. Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Site is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties.
You agree that our service is a venue for posters and users of the Site. In the event that you have a dispute with any user of the Site, you agree that the Site is under no obligation to become involved. You further agree to release the Site from any and all claims, demands, and damages arising out of or in connection with such dispute.
You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account.
The Site does not offer any refunds for the early cancellation of paid sponsor ads or paid print ads. We do not issue credits or refunds due to our extremely low rates and minimal administrative staff.
You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Site, its users and the public
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
IF YOU WOULD LIKE ANOTHER OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT,
PLEASE SCROLL TO THE TOP OF THIS WEB PAGE.
IF YOU DO NOT ACCEPT - PROMPTLY EXIT FROM THIS WEB PAGE
---------------------------------------
EARNINGS AND INCOME DISCLAIMER
We make every effort to ensure that we accurately represent these products and services and their potential for
income. Earning and Income statements made by our company and its customers are estimates of what we think you
can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the
earnings and income statements differ by individual.
As with any business, your results may vary, and will be based on your individual capacity, business experience,
expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The
testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not
intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success
depends on his or her background, dedication, desire and motivation.
There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your
future results and/or success. There are some unknown risks in business and on the Internet that we cannot foresee
which can reduce results. We are not responsible for your actions.
The use of our information, products and services should be based on your own due diligence and you agree that our
company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and
use of our information, products and services
We do not verify the After Repaired Value or Estimated Cost of Repairs for any of the houses. The sellers provide
those numbers. So please do your own due diligence. We enter the Equity / Spread estimate ourselves. It is calculated
as follows: After Repaired Value - Asking Price - Cost of Repairs. You can use that figure to quickly find the deals that
interest you. It is not meant to be an estimate or guarantee of your profits if you buy the property.
Mr.Johnnie Liberty -CEO
Mr.Cropps III-Senior Consultant/President
|
|
|
|
|
|
