Terms of Use for 5280Foreclosures.com Users
ALL 5280FORECLOSURES.COM USERS MUST READ THIS SECTION
ACCEPTANCE OF TERMS AND CONDITIONS
By using this site, www.5280Foreclosures, (the “Site”) you (“you” or the “5280Foreclosures.com User”) agree to the terms and conditions in this Agreement between 5280Foreclosures.com User and the owner of 5280Foreclosures.com, The Home Cart, Inc. (hereinafter, “The Home Cart”). If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” or “Agreement”), your only recourse is to discontinue use of 5280Foreclosures.com.
The Home Cart reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and/or Privacy Policy and you continue to use 5280Foreclosures.com, you impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
If you have any questions about these terms, contact The Home Cart at thehomecartteam+5280foreclosures@gmail.com, or call The Home Cart at (888) 675-4516.
1. Eligibility. 5280Foreclosures.com is open to all users. By using 5280Foreclosures.com, you agree and acknowledge that while The Home Cart makes all attempts to make sure the information displayed on 5280Foreclosures.com is accurate, due to the nature of the information displayed, it cannot guarantee the accuracy of such information.
2. General. This Agreement sets forth the terms and conditions that apply to use of 5280Foreclosures.com by you. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.
3. Relationship between The Home Cart and 5280Foreclosures.com User. Use of 5280Foreclosures.com is for informational purposes only. By using 5280Foreclosures.com, you agree and acknowledge that the information contained on 5280Foreclosures.com may not be accurate.
4. Consent to Emails from The Home Cart. You consent to receiving emails from The Home Cart by registering with 5280Foreclosures.com.
5. Consent to Phone Calls from The Home Cart. You consent to receiving telephone calls from The Home Cart by registering with 5280Foreclosures.com. You specifically acknowledges that if you have registered with the federal or a state Do Not Call list that any phone calls from The Home Cart will not violate any such registration with said lists.
6. Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of The Home Cart. While The Home Cart makes reasonable precautions against loss or theft of data, The Home Cart shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is The Home Cart’s objective to make 5280Foreclosures.com accessible 24 hours per day, 7 days per week, 5280Foreclosures.com may be unavailable at any time for any reason including, without limitation, routine maintenance.
7. 5280Foreclosures.com Features. The Home Cart shall have the right at any time to change or discontinue any aspect or feature of 5280Foreclosures.com, including, but not limited to: the news available; the daily deals available, the posting of information to other social media sites; the features on 5280Foreclosures.com for 5280Foreclosures.com Users; the services available to 5280Foreclosures.com Users; and the equipment or software needed for access and/or use of 5280Foreclosures.com. 5280Foreclosures.com may discontinue or eliminate features on 5280Foreclosures.com; may discontinue relationships with any third parties; may change or eliminate any transmission method of 5280Foreclosures.com feature; and/or may change transmission speeds or other signal characteristics on 5280Foreclosures.com. Further, 5280Foreclosures.com may request additional information at any time by 5280Foreclosures.com User to update or enhance 5280Foreclosures.com User benefits, verify eligibility of 5280Foreclosures.com User to use 5280Foreclosures.com, or to enhance the benefits and/or use of 5280Foreclosures.com.
8. Modified Terms. The Home Cart reserves the right at all times to modify any condition of these Terms of Use and/or our Privacy Policy, a copy of which is available HERE, as The Home Cart deems necessary or desirable without prior notification to 5280Foreclosures.com User. Such changes may include, among other things, the adding of certain fees or charges, the deletion of certain rights, and the requirement of more personal information to continue to use 5280Foreclosures.com. If The Home Cart makes changes to our Terms of Use and Privacy Policy and 5280Foreclosures.com User continues to use our Site, 5280Foreclosures.com User is impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon the posting thereof. Any use of 5280Foreclosures.com by 5280Foreclosures.com User after such notice shall be deemed to constitute acceptance by 5280Foreclosures.com User of such modifications.
9. Registration Data; Account Security. In consideration of 5280Foreclosures.com User’s use of 5280Foreclosures.com, 5280Foreclosures.com User agree to (a) provide accurate, current, and complete information about 5280Foreclosures.com User as may be prompted by any registration forms on 5280Foreclosures.com (“Registration Data”); (b) maintain the security of 5280Foreclosures.com User’s password and identification or, if 5280Foreclosures.com User releases 5280Foreclosures.com User’s account information to a third party, be responsible for all actions on 5280Foreclosures.com User’s account done by that third party; (c) maintain and promptly update the Registration Data, and any other information 5280Foreclosures.com User provides to 5280Foreclosures.com to keep it accurate, current, and complete; and (d) be fully responsible for all use of 5280Foreclosures.com User’s account and for any actions that take place using 5280Foreclosures.com User’s account.
10. Equipment. 5280Foreclosures.com User is responsible for obtaining and maintaining all telephone, computer hardware, printers, and other equipment needed for access to and use of this Site. 5280Foreclosures.com shall not be liable for any damages to 5280Foreclosures.com User’s equipment resulting from the use of this Site.
11. 5280Foreclosures.com User’s Conduct. 5280Foreclosures.com User agrees and acknowledges that this Site is for the informational use of the 5280Foreclosures.com User. 5280Foreclosures.com User agrees and acknowledges that this Site, including all pages contained within, are private property. All interactions on this Site must comply with these Terms of Use. 5280Foreclosures.com User represents, warrants, and agrees that no materials of any kind submitted through 5280Foreclosures.com User’s account or otherwise posted, transmitted, or shared by 5280Foreclosures.com User on or through 5280Foreclosures.com will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, 5280Foreclosures.com User agrees not to use this Site to:
a. harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications;
b. use this Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair 5280Foreclosures.com; and/or
c. use automated scripts to collect information from or otherwise interact with 5280Foreclosures.com.
12. Copyright. All content on 5280Foreclosures.com, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of The Home Cart, The Breaking News Network, and/or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without The Home Cart’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject 5280Foreclosures.com User to civil and/or criminal penalties. This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of 5280Foreclosures.com protected by copyright as a collective work under the United States copyright laws. 5280Foreclosures.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. 5280Foreclosures.com User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. 5280Foreclosures.com User may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. 5280Foreclosures.com does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods.
13. Personal Use Only. 5280Foreclosures.com User may download, print, and/or save copyrighted material for 5280Foreclosures.com User’s personal use only. 5280Foreclosures.com User acknowledges that he does not acquire any ownership rights by downloading copyrighted material.
14. Submissions. By submitting material to this Site, 5280Foreclosures.com User warrants that the owner of such material has expressly granted 5280Foreclosures.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. 5280Foreclosures.com User also permits any other users to access, view, store, or reproduce the material for that user’s personal use. 5280Foreclosures.com User hereby grants 5280Foreclosures.com the right to edit, copy, publish, and distribute any material made available on this Site by 5280Foreclosures.com User. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
15. Enforcement. The foregoing provisions of Sections 11, 12, 13, and 14 apply equally to and are for the benefit of 5280Foreclosures.com, its subsidiaries, affiliates, its third party content providers, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
16. Trademarks. 5280Foreclosures.com is a trademark of The Home Cart, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on 5280Foreclosures.com are the property of their respective owners. Trademarks that are located on 5280Foreclosures.com shall not be deemed to be in the public domain but rather the exclusive property of The Home Cart, Inc., unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of The Home Cart, unless otherwise stated.
17. Copyright, Trademark, and Intellectual Property Complaints. 5280Foreclosures.com respects the intellectual property rights of others. 5280Foreclosures.com prohibits 5280Foreclosures.com Users from uploading, posting, or otherwise transmitting on 5280Foreclosures.com any materials that violate another party’s intellectual property rights. When 5280Foreclosures.com receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, 5280Foreclosures.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If 5280Foreclosures.com User believes that any material on 5280Foreclosures.com infringes upon any copyright that 5280Foreclosures.com User owns or controls, 5280Foreclosures.com User may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of copyright-protected material. 5280Foreclosures.com may, at its sole discretion, terminate 5280Foreclosures.com Users who are deemed by 5280Foreclosures.com to be have committed copyright infringement, whether or not there is any repeat infringement.
18. Third Party Websites and Content. 5280Foreclosures.com contains links to other web sites (“Third Party Sites”) as well as advertisements, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by The Home Cart. 5280Foreclosures.com is not responsible for any Third Party Sites accessed through 5280Foreclosures.com or any content posted by any 5280Foreclosures.com Users on this Site or any Third Party Sites regarding 5280Foreclosures.com. If 5280Foreclosures.com User decides to leave 5280Foreclosures.com and access the Third Party Sites, 5280Foreclosures.com User does so at 5280Foreclosures.com User’s own risk and 5280Foreclosures.com User should be aware that 5280Foreclosures.com’s terms and policies no longer govern. 5280Foreclosures.com User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which 5280Foreclosures.com User navigates from this Site.
19. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available whether on 5280Foreclosures.com are those of the respective individuals(s) and not of The Home Cart. Neither 5280Foreclosures.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through this 5280Foreclosures.com represents the offerings of Third Parties and is not being offered by The Home Cart. Under no circumstances will 5280Foreclosures.com be liable for any loss or damage caused by 5280Foreclosures.com User’s reliance on information obtained through 5280Foreclosures.com. It is the responsibility of 5280Foreclosures.com User to evaluate the accuracy, completeness, or usefulness of any offer, information, opinion, advice, etc., or other content available through 5280Foreclosures.com by Third Parties.
20. Disclaimer of Warranty; Limitation of Liability. 5280FORECLOSURES.COM USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT 5280FORECLOSURES.COM USER’S SOLE RISK. IN NO EVENT WILL The Home Cart OR ITS DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO 5280FORECLOSURES.COM USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM 5280FORECLOSURES.COM USER’S USE OF 5280FORECLOSURES.COM. NEITHER THE HOME CART, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, SHAREHOLDERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF 5280FORECLOSURES.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS SITE. USE OF THIS SITE IS MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE. 5280FORECLOSURES.COM USER SPECIFICALLY ACKNOWLEDGES THAT 5280FORECLOSURES.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH 5280FORECLOSURES.COM USER OR THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION TO 5280FORECLOSURES.COM USER RESULTING FROM THE USE OF 5280FORECLOSURES.COM. 5280FORECLOSURES.COM USE SPECIFICALLY ACKNOWLEDGES THAT 5280FORECLOSURES.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE THIRD PARTIES. IN NO EVENT SHALL THE HOME CART, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. 5280FORECLOSURES.COM USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER The Home Cart, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE 5280FORECLOSURES.COM USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. 5280FORECLOSURES.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, THIRD PARTY, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY THE HOME CART. MOREOVER, 5280FORECLOSURES.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, THE HOME CART, DEEMS UNSUITABLE. 5280FORECLOSURES.COM USER AGREES AND ACKNOWLEDGES THAT THE HOME CART MAKES NO GUARANTEE AS TO THE SERVICES OFFERED BY THIRD PARTIES ON THE SITE. 5280FORECLOSURES.COM USER ACKNOWLEDGES AND AGREES TO RELEASE AND HOLD HARMLESS 5280FORECLOSURES.COM FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY 5280FORECLOSURES.COM USER OR A THIRD PARTY RESULTING FROM THE USE OR THIS SITE OR CONTRACTUAL OBLIGATIONS OF ANY THIRD PARTIES THAT MAY BE OWED TO 5280FORECLOSURES.COM USER BASED ON INTRODUCTIONS MADE THROUGH THIS SITE. THE HOME CART’S LIABILITY TO 5280FORECLOSURES.COM USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT NO TIME EXCEED $100.00. 5280FORECLOSURES.COM USER ACKNOWLEDGES THAT IF NO FEES ARE PAID TO THE HOME CART, 5280FORECLOSURES.COM USER SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE HOME CART, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO 5280FORECLOSURES.COM USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO 5280FORECLOSURES.COM USER, AND 5280FORECLOSURES.COM USER MAY HAVE ADDITIONAL RIGHTS.
21. Monitoring. 5280Foreclosures.com shall have the right to monitor the content of 5280Foreclosures.com at all times, including viewing of any information in a 5280Foreclosures.com User’s personal account on 5280Foreclosures.com, to determine compliance with this Agreement and any operating rules established by 5280Foreclosures.com, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, 5280Foreclosures.com shall have the right to remove any material that The Home Cart, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
22. Privacy. 5280Foreclosures.com cares about the privacy of our users. Click here to view 5280Foreclosures.com’s Privacy Policy.
23. Submissions. 5280Foreclosures.com User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information about 5280Foreclosures.com (“Submissions”), provided by 5280Foreclosures.com User to The Home Cart, are non-confidential and shall become the sole property of The Home Cart. The Home Cart shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to 5280Foreclosures.com User. By posting communications to, on, or through this Site, 5280Foreclosures.com User shall be deemed to have granted to The Home Cart a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
24. Termination. 5280Foreclosures.com may terminate this Agreement at any time. The Home Cart may terminate 5280Foreclosures.com User’s account, delete any content or information that 5280Foreclosures.com User has posted on the Site, and/or prohibit 5280Foreclosures.com User from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that 5280Foreclosures.com User violates these Terms of Service.
25. User Disputes. Although 5280Foreclosures.com introduces 5280Foreclosures.com Users to Third Parties, those Third Parties participating are solely responsible for their interactions with 5280Foreclosures.com Users.
26. Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
27. Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
28. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
29. Governing Law; Venue and Jurisdiction. By using 5280Foreclosures.com, 5280Foreclosures.com User agrees that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between 5280Foreclosures.com User and 5280Foreclosures.com. 5280Foreclosures.com User agrees not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado, and 5280Foreclosures.com User hereby consents to, and waives all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
30. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree that the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, shall be reimbursed by the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.
31. Indemnity. 5280Foreclosures.com User agrees to indemnify and hold The Home Cart, its subsidiaries and affiliates, and each of their directors, shareholders, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of 5280Foreclosures.com, 5280Foreclosures.com User’s conduct in connection with 5280Foreclosures.com, or with other users of 5280Foreclosures.com, or any violation of this Agreement or of any law or the rights of any third party.
32. No Assignment. No modification or amendment of this Agreement shall be valid unless in writing. Oral changes have no effect.
33. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
34. Number and Gender. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.
35. Definitions and Constructions. Unless otherwise specified, the terms “includes”, “including”, “e.g.”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
