Privacy Policy, Terms of Use, Short Sale Sherlock
Please read these Terms of Use (“TOU”) carefully before you (“you” and “your”) become a subscriber to the Service (as defined below) provided by Distressed Property Marketing Services, LLC d/b/a Short Sale Sherlock "Sherlock” ”we,” ”our” and “us”) 1. Agreement In consideration of Sherlock providing you with access to its proprietary information as described in the offer, which includes the Short Sale Sherlock educational program, 1 month Free Silver Level Coaching Program, 30 days e-mail coaching, you agree to pay the applicable subscription fee and to comply with these TOU. Your completion of the Short Sale Sherlock educational program will allow you to separately contract with DB Capital, LLC d/b/a Home Loan Resolution, a Florida corporation (“DBC”), for Forensic Loan Audit & Compliance as more fully described below on terms independent of this TOU. As of March 1, 2010, the initial price for the Service is $1,997 which price is subject to change. The current cost of the subscription for the Silver Level Coaching Program following the initial one month subscription is $197 per month for continuing membership, which will automatically be billed to your account and charged to your credit card on file unless and until canceled by you at anytime via email to: shortsalesherlock@gmail.com. All cancellations must be in the form of an email or support ticket submitted via our website. If you do not agree to the terms and conditions contained in the TOU, you may not become a subscriber to the Service, and we do not consent to provide you with access to the Service. 2. Changes to the TOU We reserve the right at any time to: Change the terms and conditions of the TOU; Change the Service, including eliminating or discontinuing any content or feature of the Service; or Change the fees, charges or other conditions for use of the Service (with reasonable notice). Any changes we make to the TOU will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via email. Your use of the Service after such notice will be deemed acceptance of such changes. Our business changes constantly. The TOU may change also. You should check our web sites frequently to see recent changes. 4. Registration and Privacy In order to gain access to the Service, you must become a member of Sherlock by purchasing a subscription and paying the setup fee, and supply us with true, accurate, current and complete information about you, as required on the registration page. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to suspend or terminate your membership, and to prohibit your current or future use of the Service. Our policy with respect to the collection and use of your contact, billing and personal information (the “information”) is set forth here: USE OF THE INFORMATION Sherlock uses the information obtained from its users as stated in this Privacy Policy, and to enhance users' experiences on our sites. Disclosures Permitted by Law Sherlock uses Loss Mitigation Training Institute, LLC (“Loss Mitigation”) to process credit card payment for the Service so all contact and billing status and other information will be shared with Loss Mitigation. Additionally, Sherlock will provide DBC with all of your contact and billing status and other information. It should be assumed that all information provided to Sherlock will be provided to Loss Mitigation and DBC. Sherlock does not sell or disclose the information about you, as described above, with other people or nonaffiliated companies, except to provide you with products or services, when we have your permission, or under the following circumstances: We provide the information on a confidential basis to nonaffiliated companies we engage as contractors or agents to perform services for us, such as maintaining software, sending direct mail or administering a sweepstakes or contest. The information will be shared with such contractors only to the extent reasonably necessary for them to perform services on our behalf, and pursuant to confidentiality obligations. We also may provide the information in response to subpoenas, court orders, or legal process, from law enforcement agencies or state and federal regulators. We may provide the information if we sell or otherwise transfer substantially all of our assets related to any web site that we own or operate and any product or service that we offer; provided, however, in that event, we will require such third party buyer to honor our current Privacy Policy, until the third party buyer provides you with notice of changes to our Privacy Policy and permits you to exercise any rights you may have under applicable law to limit disclosures of the information about you. Sherlock may disclose all the information we collect as described above to other companies such as direct marketers to perform marketing services on our behalf, or to financial institutions, such as banks, mortgage companies and real estate companies, with whom we have joint marketing agreements. As a member, you also have certain other obligations relating to your account: You may not transfer to or resell your use of or access to the Service to any third party. You are responsible for maintaining the confidentiality of your user name and password if provided to you; you agree to notify us at shortsalesherlock@gmail.comif you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your information. 5. Cancellation and Refund Policy: Requests for a refund are accepted at shortsalesherlock@gmail.comwithin the period of 30 days after the order is placed. You should accompany this request with detailed and grounded reasons why you are requesting a refund. Please make sure your request does not contradict our TOU. No refunds will be given after the expiration of the 30 day refund period, time being of the essence of Sherlock’s refund policy and the refund policy expiration period.
If due to some technical difficulties of your e-mail provider or your own mail server you do not receive an e-mail from us confirming delivery of the Service, we recommend that you immediately contact us for assistance. Claims for non-delivery must be submitted to our billing department in writing within 7 days from the order placing date. Otherwise the Service will be considered received.
6. Subscription Renewal The price of your subscription for continuing services following the first month of your subscription is currently set at $197/month (“Monthly Rate”) which services will continue on a monthly term (the “Monthly Membership”), as disclosed during registration, and will renew automatically at the end of each Monthly Membership, unless and until you notify us of your decision not to renew your subscription via email at: shortsalesherlock@gmail.com or via the link on our website submitting a ticket in writing to Customer Service prior to the expiration of the then Monthly Membership. If you do not notify us, the then-applicable Monthly Rate for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed).
No Pro-Rated Refunds for Cancellation of Monthly Membership. You hereby acknowledge and agree that if you cancel
your Monthly Membership, or if your membership is cancelled by us that you will be entitled to receive the full
benefits of your Monthly Membership until the end of such period. You shall not be entitled to any
pro-rated or partial refund if you cancel your Monthly Membership before the end of the then current Monthly
Membership. 7. Sherlock Proprietary Rights The Service and the content available through the Service (the “content”) are the property of Sherlock and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights to any of the content by using the Service. You confirm that you will not disclose any of the content provided to you. If you are interested in reprinting, republishing or distributing content from Sherlock, you must obtain our prior written consent before doing so. Please note: because we occasionally host forums as part of the Service and therefore redistribute materials you give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in any part of the Service shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials. "Short Sale Sherlock," and other marks are trademarks and/or service marks of Distress Property Management Services, LLC. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners. 8. User Conduct You may not republish, upload, post, transmit or distribute content available through the Service to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability. In addition, in connection with your use of the Service, you agree not to: restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of any of our web sites; use the Service for any unlawful purpose; express or imply that any statements you make are endorsed by us, without our prior written consent; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service or any of our web sites; "frame" or "mirror" any content available through the Service or any of our web sites without our prior written authorization; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Service or any of our web sites; or harvest or collect information about users of the Service without their express consent. You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Service and the content made available therein. 9. Features and Links to Other Web Sites Your use of the certain services made available to you by or through Sherlock may be governed by additional rules, which are available on our web sites or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools obtained by or through Sherlock is solely at your risk. Any sweepstakes, contests, and games that are accessible through our web sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules. Content available through the Service may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. 10. Disclaimer of Warranties The Service, and any content, product or service obtained or accessed through the Service, is provided "as is" and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Sherlock and its officers, directors, employees, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information available through the Service. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Sherlock and its affiliates, suppliers, agents and sponsors do not warrant that your use of the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service or the server(s) on which the Service is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service, and all charges related thereto. You assume total responsibility and risk for your use of the Service and your reliance thereon. No opinion, advice, or statement of Sherlock or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the site, the content contained therein, and any materials provided through the site, are entirely at your own risk. A possibility exists that content available through the Service could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Service by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Service. In the event that such a situation arises, please contact us at shortsalesherlock@gmail.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below. Under no circumstances shall Sherlock be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. 11. Limitation of Liability Neither Sherlock nor its affiliates, suppliers, advertisers, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Service and/or any content contained therein, or any product or service used or purchased through Sherlock. The sole and exclusive maximum liability to Sherlock and its affiliates, suppliers, advertisers, agents or sponsors for all damages, losses, and causes of action — whether in contract, tort (including, without limitation, negligence), or otherwise — shall be the total amount paid to us by you, if any, for access to the Service. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. 12. Indemnification You agree to indemnify, defend and hold us, our officers, directors, employees, agents, representatives, affiliates and suppliers harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Service; or (c) your violation of the rights of any third party. 13. Termination You understand and agree that Sherlock may, under certain circumstances and without prior notice to you, terminate your access to and use of the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties. 14. Earnings Disclaimer The Federal Trade Commission’s newly revised Guidelines Concerning the Use of Endorsements and Testimonials in Advertising which are effective December 1, 2009 require the following disclaimer with regard to the endorsements and testimonials included in this site: None of the endorsements or testimonials included in the advertising materials pertaining to the Services depict earnings, revenue or profit results that you should generally expect to achieve by using the Services. They only demonstrate exceptional results and are not intended to guaranty or to suggest that you will obtain similar results. The earnings, revenue and profit results which you will generally achieve in circumstances similar to those depicted in the endorsements and testimonials included in the advertising material pertaining to the Services depend on many factors and conditions, including but not limited to, work ethic, learning ability, use of the Services, business experience, daily practices, business opportunities, business connections, market conditions, availability of financing, and local competition, to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that no earnings, revenues or profits will be achieved with the use of any of the Services advertised on this site in circumstances similar to those referenced in any endorsement or testimonial. Each of the purchasers of our products or services who have provided their endorsement or testimonial for use on this site has received compensation in exchange for their endorsement or testimonial. Any others providing endorsements or testimonials are also receiving compensation for their endorsement or testimonials. We make every effort to ensure that we accurately represent the Services and their potential for income. Earning and Income statements made by Sherlock, T. Chris McLaughlin, Jr., Nathan Jurewicz, purchasers or products and services and their customers are estimates of what we think you can possibly earn certain specific transactions. 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. 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, real estate, and the economy that we cannot foresee which can reduce results. Laws regarding real estate and foreclosure vary from state to state and we cannot certify that you will be successful using our product in your state. We are not responsible for your actions or those of your investors, realtors, or potential clients. The use of our information, products and services should be based on your own due diligence and you agree that Sherlock 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. 15. Copyright Infringement The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Sherlock or one of, its officers, directors, employees, affiliates. suppliers, advertisers, and agents infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. 16. Miscellaneous The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. The TOU constitutes the entire agreement between you and Sherlock relating to your use of the Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and Sherlock are governed by and construed in accordance with the laws of the State of Florida, without regard to its principles of conflict of laws. You and Sherlock agree to submit to the personal jurisdiction of the federal and state courts located within Polk County, Florida, and the parties confirm that the proper, exclusive, and convenient venue for any legal proceeding instituted between them directly or indirectly related to the Service or the TOU shall be Polk County, Florida and each party waives any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU. 17. DBC DBC is not involved in any way with: (i) representing residential property owners in distress or providing assistance to stop, avoid or delay residential foreclosure proceedings, or (ii) curing or otherwise addressing any default or failure to timely pay a residential mortgage loan obligation. You confirm that you are a real estate investor and are not seeking representation as a residential property owner in distress for assistance to stop, avoid or delay a residential foreclosure proceeding or a default on a residential mortgage loan. Neither your subscription to the Service nor your agreement to the TOU has created: (a) any engagement or contractual relationship between you and DBC, or (b) any obligation for Sherlock to provide you services from DBC or services similar to those offered by DBC. You agree that any services which you may engage DBC to provide will be separately contracted for between you and DBC. You confirm that Sherlock has no involvement, oversight, control or direction over the provision of any services which you may engage DBC to provide to you. DBC shall be solely responsible for all of the services, if any, that it may provide to you. You acknowledge and agree that nothing contained in this TOU shall be construed to create a joint venture, partnership, association or other affiliation, or like relationship, between Sherlock and DBC, it being specifically agreed that the relationship is and shall remain that of independent parties to a contractual relationship by which Sherlock solely provides advertising and marketing services for DBC for a fee. You acknowledge and agree that DBC shall have no power or authority to (i) enter into any contracts binding on Sherlock, or (ii) create any obligation on the part of Sherlock. Sherlock shall have no power or authority to (i) enter into any contracts binding on DBC, or (ii) create any obligation on the part of DBC. 18. Definition As used in this TOU, the term “supplier” when referring to Sherlock shall include but shall not be limited to Loss Mitigation and DBC. 19. Legal Notices California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Copyright @2009 Short Sale Sherlock
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