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Terms & Conditions
The web pages available at findflips.com and all sub-domains thereof (the "Website") are the property of AZ Bidder LLC, an Arizona limited liability company and its affiliates ("AZB," the "Company," "we," "us," and "our") and are accessed by you or your agents ("User," "you," and "your") under the terms and conditions set forth below. All of our services are governed by these terms and conditions (the "Terms," "Terms and Conditions," and the "Agreement"). YOU AGREE THAT BY USING THE WEBSITE YOU ARE AT LEAST EIGHTEEN YEARS OLD AND ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU If you violate these Terms and Conditions, we may terminate any and all accounts you have established at the Website (your "Account(s)"). You acknowledge that the Company is not required to provide you notice before it so terminates your Account(s).
1. USER’S INFORMATION. You agree to provide accurate, current, and complete information required to register with this Website and at other points as may be required in the course of using the Website ("User Information"). You further agree to maintain and update your User Information as necessary to keep it accurate, current, and complete. AZB may terminate your rights to any or all of the Website if any information you provide is false, inaccurate or incomplete. You agree that AZB may store and use the User Information you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
2. USER ACCOUNT, PRIVACY AND SECURITY. (a) When you finish the registration process, you officially become a User of the Website. Your membership allows you access to certain Content and Services on the Website.
(b) As a registered user of the Website, you will establish an Account. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify AZB of any unauthorized use of your Account or any other breach of security. AZB shall not be responsible for any losses arising out of the unauthorized use of your Account.
(c) AZB is committed to your right to privacy. AZB only collects information that you voluntarily provide. AZB will never rent or sell this private information to anyone. Any advertisements you may see on the Website are served by us or by our service providers. But we also allow third parties to collect information about your online activities through cookies and other technologies. These third parties may include (i) business partners, who collect information when you view or interact with one of their advertisements on our sites; and (ii) advertising networks, which collect information about your interests when you view or interact with one of the advertisements they place on many different websites on the Internet. The information gathered by these third parties is used to make predictions about your characteristics, interests or preferences and to display advertisements on our Website and across the Internet tailored to your apparent interests. We do not permit these third parties to collect personal information about you (such as email address) on our Website, nor do we share with them any personal information about you. The Website may contain links to other websites. If you choose to visit other websites, AZB is not responsible for the privacy policies or content of those other websites.
(d) AZB collects information about User that User provides to and from cookie files. AZB uses this information solely for internal analysis or to contact User about offers or promotions that we sponsor. AZB will not knowingly provide any of this information (except in the form of aggregate statistics that do not link User's identity to any specific information and do not identify User as a visitor to this site) to third parties unless AZB obtains your permission or is compelled to do so by a lawful court order. Some business and affiliate partners use cookies on the AZB site. We have no access to or control over these third party cookies.
(e) By registering with AZB, User acknowledges and authorizes AZB to send User emails pertaining to User's bidding and transactional activity regardless of whether the User has opted NOT to receive promotional email alerts.
(f) User may opt not to receive promotional emails from AZB by sending an email to the address unsubscribe@azbidder.com with the word UNSUBSCRIBE in the subject line.
3. DATA USER FEES, PAYMENT AND TRIAL MEMBERSHIPS. Certain content provided by the Website, and/or services offered by the Website may be subject to your payment of one-time fees, recurring fees and/or subscription fees. You may pay these fees with a valid credit card registered to your name or a credit card you are authorized to use for such purpose. Subscription fees paid periodically by credit card will automatically renew. The Company reserves the right to change its fees and to institute new fees at any time, upon ten (10) days prior notice to User, which may be sent by email or posted on the Website. Use of the Website by User following such notification constitutes User's acceptance of any new or increased fees or other changes. You may cancel your subscription at any time by accessing the "Your Account" link on the site. You will receive a credit for days left in the month during which you cancel. For each month that your subscription is active, you acknowledge and agree that the Company is authorized to charge the same credit card for the subscription fee. You agree to promptly notify the Company of any changes to your credit card while any subscriptions remain active. You are personally responsible for all fees and applicable taxes incurred under your Account, by you or anyone to whom you have granted access to your Account.
We occasionally offer promotional invitations for trial memberships to our service that provide access to our Website for a limited period of time. If you have received a promotional code entitling you to a limited time trial membership, and accept a trial membership, we will begin to bill your credit card at the conclusion of the trial. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period.
4. REAL ESTATE BROKERAGE SERVICES. AZB and certain of its affiliates are licensed real estate brokers in various States (a list appears at the end of this Agreement). By utilizing the Website and services of AZB, you are establishing a Non-Exclusive Limited Buyer-Broker Relationship with AZB or its applicable affiliate. In entering into this Buyer-Broker Relationship, you expressly agree to the following: (a) we are granting you access to the information we display on the Website to allow you to identify one or more properties that you may be interested in purchasing; (b) our licensed realtors (“Our Realtors”) may identify and recommend to you the purchase of one or more properties displayed on the Website; (c) Our Realtors may assist you in the purchase of properties pursuant to the provisions of separate agreements that will be executed between you and us; (d) certain fees you pay to us for your use of the Website may be credited against the fees we or our affiliates may earn under said agreements; (e) if you have entered into an exclusive Buyer-Broker Agreement with another realtor (and such agreement has not expired or terminated), you acknowledge that you may be obligated to provide compensation to such realtor in the event you purchase a property utilizing the information and services we have provided to you.
5. LIMITED LICENSE. You acknowledge that all materials displayed or performed on the Website (including, but not limited to text, graphics, news articles, photographs, images, and illustrations, collectively, the "Content") may constitute our intellectual property and accordingly would be protected by copyright and/or trademark, pursuant to U.S. laws, international conventions, and other laws. The Website and the Content may only be used in accordance with the Terms and Conditions contained herein. User is hereby granted a non-exclusive license to use the Content. User is also granted a limited license to print copies of any Content posted at the site, but only for User's personal use. Except as expressly provided above, all our rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. User may not display the Website or any of the Content without our express written permission, which may be requested by contacting us at start@azbidder.com. Nothing contained on the Website or in these Terms and Conditions should be construed to grant User a license to use any trademarks, service marks, or logos owned by AZB, its affiliates or any third party. Some of the property sales information displayed on the Website is copyrighted and owned by third party data suppliers, including the Arizona Regional Multiple Listing Service. You acknowledge and agree that you are not authorized to reproduce, retransmit, redistribute or electronically harvest any information contained or displayed on the Website.
6. PROHIBITED USE. You are prohibited from using the Website in violation of any security protections implemented by AZB, which include, without limitation, the following PROHIBITED ACTIONS: (1) use the Website to transmit unsolicited email to the Website or to anyone whose email address includes the domain name used on the Website; (2) use AZB's domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service; (3) assume the identity of another user; (4) attempt to probe, scan, or test the vulnerability of the Website' s service, or any associated system or network, or breach security or authentication protocols; (5) interfere with, or attempt to interfere with, service to any user, host, or network, by the means of submitting a virus to the website or service, overloading, "flooding," "spamming," "mail bombing," "crashing" or otherwise; or (6) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Website to provide the website's services. Any of the above listed, or other violations of our system or network security, may subject you to civil and/or criminal liability.
7. VIOLATIONS/INDEMNIFICATION Your access privileges are conditioned on your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that AZB may deny you access to the Website. You further agree, at your expense, to defend, indemnify and hold harmless AZB against all third party claims, losses, liability, damages, and/or costs, including reasonable attorneys' fees that may be asserted against AZB and all losses incurred, as a result of any violations of this Agreement.
8. DISCLAIMER OF WARRANTIES Information displayed on the Website is believed to be accurate and reliable; however, AZB and its affiliates make no warranties as to accuracy or timeliness of information displayed on the Website. AZB MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND ABOUT BENEFITS OR OPPORTUNITIES YOU MAY OBTAIN BY ACCESSING THE WEBSITE. AZB HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE WEBSITE IS MADE AVAILABLE TO YOU "AS IS," WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL DISPLAYED ON THE WEBSITE. IN ADDITION, AZB MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE SECURE, CONTINUOUSLY ACCESSIBLE WITHOUT INTERRUPTION OR FREE OF ERROR. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
9. LIMITATION OF LIABILITY YOU ACKNOWLEDGE THAT THE WEBSITE MAY BE UNAVAILABLE FOR EXTENDED PERIODS. AZB DOES NOT ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING ON THE WEBSITE OR ANY LOSSES THAT YOU MAY INCUR. IN NO EVENT WILL AZB BE LIABLE TO YOU FOR ANY CLAIMS BY THIRD-PARTIES, FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED AZB ABOUT SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. THIS LIMITATION SHALL APPLY REGARDLESS OF THE THEORY OF RECOVERY ASSERTED, WHETHER TORT, BREACH OF CONTRACT OR OTHER THEORY.
10. COMPLETE AGREEMENT/NO REPRESENTATIONS This Agreement constitutes the entire agreement between you and AZB relating to your access to and use of the Website and supersedes any prior or contemporaneous representations or agreements. AZB reserves the sole and exclusive right to grant, deny or terminate access to any or all of its services to you at any time without prior notice. This Agreement may not be modified, either expressly or by implication, except as set forth below.
11. MODIFICATIONS/TERMINATION AZB may, from time to time, without notice, update or revise these Terms and Conditions. Your access to the information provided by AZB and your use of AZB's bidding and other services are provided by AZB at its sole discretion. AZB may terminate this Agreement at any time. If we update or revise these Terms and Conditions, we will notify you either by email to your current email address (as it appears in our records), or by posting the updated or revised Terms and Conditions on the Website. Your use of the Website following any such update or revision constitutes your acknowledgement and agreement to such updated and revised Terms and Conditions. It is your responsibility to review these Terms and Conditions frequently. EACH TIME YOU LOGIN OR OTHERWISE ACCESS THE WEBSITE, YOU ARE AGREEING THAT SUCH ACCESS CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE REVIEWED AND HAVE ACCEPTED THESE TERMS AND CONDITIONS.
12. DISPUTE RESOLUTION/ JURISDICTION All disputes arising out of or relating to this Agreement or our operation of the Website shall be resolved by binding arbitration in the city of Phoenix, Arizona, pursuant to the rules of the American Arbitration Association. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of Arizona as applied to transactions entered into and to be performed wholly within between residents. However, you agree that AZB shall be entitled to obtain preliminary injunctive relief to enforce any of the terms of this Agreement against you pending a final determination in arbitration.
13. CONSTRUCTION If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
14. ACKNOWLEDGMENT BY USING THE SERVICE OR ACCESSING THIS WEBSITE, USER ACKNOWLEDGES THAT USER HAS READ THESE TERMS AND CONDITIONS AND HAS AGREED TO BE BOUND BY THEM.
AZB and Affiliates Licensing Information
Arizona: AZ Bidder LLC, doing business as eChoice Realty (License #: LC642245000)
Florida: NaBidCo LLC, doing business as eChoice (License #: CQ1043340)
Georgia: NaBidCo LLC, doing business as eChoice (License #: 65143)