The following is the terms of the subscription service provided by RETRAN ("Service Provider") to you, ("Subscriber"):

We may unilaterally amend this End User Agreement at any time by posting a new End User Agreement on the site. Be sure to check the current terms of any End User Agreement in effect by visiting this site. By checking the effective date of the End User Agreement, you will know whether the End User Agreement has been amended. Please note however, that all amended terms, or the new End User Agreement shall automatically become effective thirty (30) days after initial posting.

I. LIMITED LICENSE:

A) The mortgage foreclosure and/ or comparable property information provided by Service Provider to Subscriber is limited to the use of Subscriber personally as a single user.

B) As a subscriber you are granted a limited, nonexclusive, non assignable and nontransferable license to use the mortgage foreclosure information provided by Service Provider. You may use the information provided for your personal use or the use of your single company or entity. No other copying, reproduction, or redistribution is permitted under this license. Service Provider reserves the right to include test data in the information provided to Subscriber.

II. DISCLAIMERS OF WARRANTIES AND LIABILITIES:

You acknowledge that:

A) Service Provider is not responsible for:
1. The content, quality, integrity, performance or any other aspect of the information provided, transmitted or uploaded by this service;
2. Errors or problems related to transmission of data;
3. Any damages, consequential or incidental, arising out of the use of this service;
4. Errors, loss, or problems related to the upload of any documentation, files or data to the system.

B) The Service Provider and its suppliers make no warranties of any kind, expressed or implied, in connection with this service. We make no warranties of non infringement, accuracy or completeness or any other warranties concerning any information provided to Subscriber. This service is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you, the Subscriber.
The service, all information and data is provided AS IS. There is no warranty that any information or our efforts meets any standards of merchantability or will fulfill any of particular purposes or needs even if we have been notified or your purposes or needs.
C) Service Provider makes no warranty of ability to deliver timely or accurate services.

III. INDEMNIFICATION:

In addition to indemnification or liability provisions in other sections of this Agreement, Subscriber hereby agrees to indemnify, defend and hold harmless Service Provider, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses including attorney's fees and costs, of any nature whatsoever incurred or suffered by Subscriber, insofar as such losses arise out of, are related to or are based on or reasonably related to the breach of any representation, warranty, obligation or covenant agreed to by you in this Agreement. This clause shall also be effective against your heirs, assigns, or representatives.

IV. CONSIDERATION:

A. In exchange for Service Provider's information on mortgage foreclosures and/or comparable property information, Service Provider will charge Subscriber according to the rate schedule available on this web site. Said charge shall recur according to the rate schedule: (monthly - 30 days, quarterly - 90 days, semi-annual - 180 days, yearly - 365 days) from the purchase date until Subscriber notifies Service Provider in writing that Subscriber wishes to terminate this Subscription Service Agreement. Said notice must be received by Service Provider at least 5 days prior to the beginning of the next billing cycle in order for Subscriber to avoid charges for that billing cycle.

B. All sales, including recurring charges are final. The Service Provider has a no refund policy, this includes recurring charges.

C. Credit Card charge backs are considered as an attempt to defraud the Service Provider. Service Provider will attempt to collect any unpaid balances due to credit card charge backs by referring the unpaid balance to a third party collection agency. A credit card charge back fee will be assessed along with collection agency fees. Service Provider also reserves the right to pursue other legal action to collect any unpaid balances.

V. CONSTRUCTION OF THIS AGREEMENT:

A) The terms and conditions included or incorporated by reference in this Agreement constitute the entire Agreement between the parties on the subjects covered by this Agreement.

B) This Agreement shall construed as a whole and not in favor of either party. For example, no provision shall be construed against the party responsible for the language of the provision. Each provision shall be given its fair meaning. The paragraph headings have been added for reference and shall not be used to interpret the Agreement.

C) If any part of this Agreement is determined to be invalid or unenforceable, including but not limited to, the warranty disclaimer and liability limitations, the remainder of the Agreement shall continue in effect and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

D) This Agreement shall be governed by the laws of the United States and the State of California and the parties expressly agree to waive any choice of law rules which would result in the application of any other law to the construction or validity of this Agreement.

E) The parties agree to jurisdiction and venue exclusively in State Court in Los Angeles County, California for any litigation arising out of or relating to this Agreement. In actions related to this Agreement where Federal Courts have jurisdiction, the parties agree to jurisdiction and venue exclusively in the Federal Courts in the District of California.

VI. ACKNOWLEDGEMENT:

A) PHONE NUMBERS 
1.Service Provider provides phone numbers when available. These phone numbers ARE NOT checked with the National DO NOT CALL LIST. It is the sole responsibility of the Subscriber to check these numbers against the DO NOT CALL LIST and follow any and all applicable local, county, state, federal, and professional laws and regulations for the intended use.  Please visit http://www.donotcall.gov to find out more information.

2.Phone numbers provided may not be used for marketing, solicitation, or similar purposes. The Telephone Consumer Protection Act (47 U.S.C. sec. 227) prohibits use of automatic telephone dialing systems to make any call to any cellular telephone service or any other service for which the called party is charged for the call.

B) Subscriber acknowledges that Subscriber has read this Agreement and voluntarily agrees to all of its terms and conditions, without modification. Subscriber has independently evaluated the desirability of entering into this Agreement and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

C) Our Web site contains links to other Web sites operated by third parties. The Service Provider is not responsible for the privacy practices or policies of such third party web sites and this Notice does not apply to those Web sites.

D) Services may not be transferred, sold, transmitted, emailed, conveyed, assigned, sublicensed, extracted, reproduced, published, distributed, disseminated, re posted, displayed, reformatted, or combined for any purpose in any medium, form or manner, for use by a third party or any commercial purpose.
Services may not be scraped, mined or otherwise accessed by equipment, software or other means which facilitate anything other than direct, individual, in person, non-automated use by Subscriber.

E) Subscriber agrees not to post or upload any content or information to the site which violates any applicable laws; contains viruses or other malware; is obscene, libelous, threatening, harassing, or defamatory; or which violates the rights of others including copyright, trademark, patent protections or any other right of privacy.

Privacy Policy

PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME. PLEASE CHECK BACK FOR UPDATES.

Use of this website is not intended by persons under 18 years of age. You acknowledge that by registering to use this site and through the submission of information requested, you agree and approve of the terms and conditions of this Privacy Policy and subsequent amendments to this Privacy Policy by your continued use of this website. This Privacy Policy shall govern our use and disclosure of your personal information. If you do not agree and approve of the terms and conditions of this Privacy Policy, you are advised and instructed not to continue and not to complete the registration process (i.e. do not register) or otherwise use or access this site.

This Privacy Policy will provide details and describe how and what information about you is gathered, used, and distributed as a function of this website.

We appreciate that the information you provide to us and that we gather may be personal and private. Some of this information is used to facilitate improvements to our website and to enhance our website. We will/may share information about you with our business affiliates who have provided or may provide goods or services in connection with this site.

The Service Provider compiles personal information about you when you register to use this site; when you use or purchase products and services through this site; when you connect or transfer to or from affiliate sites; when you participate in promotions; and when you ask to be provided additional services. The documentation that we gather enables us to analyze our Member's interests and preferences, develop new services and enhance current services, improve your experience, and create meaningful affiliate relationships. The type of personal information that the Service Provider may gather includes first name; last name; e-mail address; address; city, state and zip code; telephone number; facsimile number; credit card type; credit card number; expiration date of credit card; name on credit card; company name; business telephone number; last five (5) searches; custom saved searches; Subscriber communications, correspondence, e-mails, faxes and Subscriber service/member service memos; Subscriber responses to questionnaires and surveys; the Web address where members enter from and exit to; and which pages you visit during your use of this site.

The Service Provider may place and access cookies on your computer. The Service Provider has affiliates that offer goods and/or services on or through this site may place and access cookies on your computer. Cookies placed by affiliates are controlled by the affiliate's own privacy policy.

We do not sell or rent your personal information to other companies, entities or individuals without your consent or approval. We do share your personal information in the following events:

• if we are provided your consent or approval;
• to establish and maintain your membership;
• to process payment for goods, services and membership provided to you.
• to assist you in obtaining the goods and services you request;
• to offer promotions, goods and/or services that we believe may be of interest to you;
• to update, improve, modify or enhance the operations of this website;
• in response to a subpoena, court order or other legal process;
• to assist law enforcement or other appropriate entities which we believe in good faith are conducting examinations or investigations of possible fraud or illegal activities;
• to investigate possible violations of our Terms of Use Agreement; or
• pursuant to a transfer of ownership of the Service Provider.

Your personal information is encrypted and appropriate measures are taken to protect against unauthorized or inappropriate use of your personal information.

You may contact our Subscriber service department to update or correct your personal information at anytime. If you wish to opt out of receiving further communication from us regarding future promotions or other goods and services, please contact our Subscriber service department. Please know that depending on what opt-out choices you select, your ability to maintain your membership and continue to obtain goods and services may be affected. Our Subscriber service department can be reached by e-mail at retran_support@foretracker.net; by telephone (323) 290-7132 and by facsimile transmission. The effective date of any opt-out action will be ten (10) business days following the date your opt-out request is received by the Service Provider.

We may unilaterally amend this Privacy Policy at any time by posting a new privacy policy on the site. Be sure to check the current terms of any privacy policy in effect by visiting this site. By checking the effective date of the policy, you will know whether the Privacy Policy has been amended. Please note however, that all amended terms, or the new privacy policy shall automatically become effective thirty (30) days after initial posting.
If you choose not to accept or do not agree to be bound by the terms of the revised or amended Privacy Policy, then you must opt out and terminate your Membership before the effective date of the revised or amended Privacy Policy. Your failure to take advantage of the opt-out provisions prior to the effective date of the revised or amended Privacy Policy will constitute your agreement and approval to be bound by the revised or amended Privacy Policy after its effective date.

From time to time, we may use your information for new, unanticipated uses not previously disclosed in our Privacy Policy. Please note that if our information practices change at some time in the future, we will use only data collected from the time of the new policy amendment forward for those new purposes.

Our Web site contains links to other Web sites operated by third parties. The Service Provider is not responsible for the privacy practices or policies of such third party web sites and this Notice does not apply to those Web sites.
YOU (Subscriber) EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.

BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING THE SUBSCRIPTION PROCESS, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT RETRAN THE RIGHTS SET FORTH HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.