Balancing the Scales of Justice for Pro Se Homeowners

Terms and Conditions – September 1, 2013

1)     Member agrees and understands Info To Fight Foreclosure is an online service to provide members with a general understanding of the law and to provide access to legal forms and pleadings prepared by other members of the similar class experiencing similar legal issues.

2)     Member agrees and understands that at no time does Info To Fight Foreclosure review answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Info To Fight Foreclosure is not a law firm and may not perform services performed by an attorney. Info To Fight Foreclosure services and documents are NOT a substitute for the advice of an attorney. 

3)     Member agrees and understands that Info To Fight Foreclosure will work to keep any posted legal documents accurate and up to date, however, because the law constantly changes, Info To Fight Foreclosure cannot and does not guarantee that all of the information on the site is completely current.

4)     Member agrees and understands that the law is different from jurisdiction to jurisdiction, and may be subject to different interpretation by different courts.   The law is a personal matter and the unique circumstances of each situation means that no general information can fit every circumstance.  The legal information is not legal advice and is not guaranteed to be correct for your individual situation.  As always, Info To Fight Foreclosure recommends you consult with a licensed attorney in your area.

5)     Member agrees and understands that Info To Fight Foreclosure will endorse other professionals; will run ads from other professionals; and may even facilitate the introduction to attorneys, paralegals or other professionals in the area.  At no time is an attorney client relationship created by Info To Fight Foreclosure through the performance of these services. 

6)     Member agrees and understands that Info To Fight Foreclosure does not guarantee the services of any professional endorsed or advertised on the site and therefore, is not responsible for the performance of any individual hired by the member, unless that individual is clearly represented as an Info To Fight Foreclosure representative (employee or direct contractor).  Member may inquiry to the relationship of the individual and Info To Fight Foreclosure by emailing info@infotofightforeclosure.com for confirmation if the individual is performing work on behalf of Info To Fight Foreclosure or in a different capacity.

7)     Member agrees and understands that any documents downloaded and used for filing in any court or legal proceeding is the full responsibility of the member.  It does not constitute a client-attorney relationship with or any of Info To Fight Foreclosure representatives and it does not constitute legal advice.  K. Simonee Cromwell and Info To Fight Foreclosure assumes no responsibility or liability for the members use of the document.

8)     Member agrees and understands member is responsible for maintaining the confidentiality of their password.  Member agrees and understands that member will not provide their username and password to any other person for use.  Member must notify Info To Fight Foreclosure if their username and password is comprised.  Member agrees to be held liable for any losses incurred by Info To Fight Foreclosure due to someone else using your account.  Member agrees and understands that if K. Simonee Cromwell or Info To Fight Foreclosure suspects a user who is not an authorized user, K. Simonee Cromwell or Info To Fight Foreclosure may temporarily disable that user’s access in order to preserve system security. In all such cases, K. Simonee Cromwell or Info To Fight Foreclosure will contact the member as soon as feasible.

9)     Member agrees and understands that all documents, blogs, writings of Info To Fight Foreclosure bearing the “Copyright” of Info To Fight Foreclosure are protected and member is NOT authorized to distribute the   eBooks, whitepapers, blogs, or any other writing of Info To Fight Foreclosure without expressed written permission of Info To Fight Foreclosure.  Member agrees and understands that a violation of this clause will result in immediate termination of membership and member will be responsible for any harm and losses incurred by K. Simonee Cromwell or Info To Fight Foreclosure.   Member agrees and understands white papers, congressional reports, Nolo, Oncle, and any other legal information from free public or government website is excluded from this clause.  Member agrees and understands that member and other sites may link to the pubic blog and this is excluded from this clause.

10)  Member agrees and understands Info To Fight Privacy Policy does not allow for Info To Fight Foreclosure to disclose or sell the personal information of any member.  Member agrees and understands that any documents submitted to Info To Fight Foreclosure is protected by the Privacy Policy and that only upon written permission will Info To Fight Foreclosure use any document for demonstration purposes.  Member agrees and understands that any documents loaded into public systems such as Court case management systems or County Recorder Records (i.e. Pacer) are excluded from this clause.

11)   Member agrees and understand that this site is owned and operated by K. Simonee Cromwell. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds images (the “materials”) are owned by K. Simonee Cromwell or by our respective third party partner.   Except as otherwise expressly provided by by K. Simonee Cromwell or Info To Fight Foreclosure, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of K. Simonee Cromwell or Info To Fight Foreclosure intellectual property rights, whether by estoppel, implication or otherwise.   Any rights not expressly granted herein are reserved by K. Simonee Cromwell or Info To Fight Foreclosure.

12)  LIMITED DOWNLOAD PERMISSION:  K. Simonee Cromwell and Info To Fight Foreclosure hereby grants     you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable documents for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms and Conditions. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site  may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

13)  Member agrees and understands Links to Other Third Party websites controlled by parties other than K. Simonee Cromwell or Info To Fight Foreclosure (each a “Third Party Site”). K. Simonee Cromwell or Info To Fight Foreclosure works with a number of partners and affiliates whose sites are linked with K. Simonee Cromwell or Info To Fight Foreclosure . K. Simonee Cromwell or Info To Fight Foreclosure may also provide links to other citations or resources with whom it is not affiliated K. Simonee Cromwell or Info To Fight Foreclosure is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. K. Simonee Cromwell or Info To Fight Foreclosure makes no guarantees about the content or quality of the products or services provided by such sites. K. Simonee Cromwell or Info To Fight Foreclosure is not responsible for webcasting or any other form of transmission received from any Third Party Site. K. Simonee Cromwell or Info To Fight Foreclosure is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by K. Simonee Cromwell or Info To Fight Foreclosure of the Third Party Site, nor does it imply that K. Simonee Cromwell or Info To Fight Foreclosure sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that K. Simonee Cromwell or Info To Fight Foreclosure is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

14)   Use of K. Simonee Cromwell or Info To Fight Foreclosure Documents or eBooks. On our Site,   and through certain partners, we offer self-help eBooks and documents.  If you buy a document or eBook from one of our partners, you will be directed to that partner’s website and their terms of use will control. If you buy or download an eBook or document on our Site  , the terms and conditions of these Terms and Conditions control. You understand that your purchase, download, and/or- use of a eBook or document is neither legal advice nor the practice of law, and that each document or eBook and any applicable instructions or guidance is not customized to your particular needs.

15)   K. Simonee Cromwell or Info To Fight Foreclosure grants Member a limited, personal, non-exclusive, non-transferable license to use our documents  for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

16)   Member agrees and understands member agrees that the Documents and eBooks purchased or downloaded may only be used for your personal or business use by you or in connection with your client but may not be sold or redistributed  without the express consent of K. Simonee Cromwell or Info To Fight Foreclosure.

17)  Member agrees and understands at various locations throughout the site other visitors may post comments, documents, ratings and other content (“Pro Se Member Content).  K. Simonee Cromwell or Info To Fight Foreclosure takes no responsibility and assumes no liability for any content posted by you or any other member or third party.  K. Simonee Cromwell or Info To Fight Foreclosure reserve the right to remove any postings or comments that are offensive or K. Simonee Cromwell or Info To Fight Foreclosure determined are detrimental  to the spirit of the information and education offered by this site.

18)  Member agrees and understands that any content posted by Member will:

  1. Not be known to be false, inaccurate or misleading
  2. Infringes on copyright, trade secret or any other right of the owner of the information.
  3. That violates any state law, ordinance or regulation.
  4. Advertises another site, email, phone number or other contact information. If Member wants the website or individual listed on the “Websites we love to follow” or “Experts” member may submit a request to info@infotofightforeclosure.com with the website and reason for submittal.  If member wants to advertise they may sent a request to advertise@infotofightforeclosure.com to purchase advertisement space.
  5. Member agrees to not post any defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing or advocates or encourages illegal conduct harmful to any individual, partnership or corporation.  Any such postings are subject to immediate removal and termination of members membership if the conduct continues for more than three postings. No refunds are granted upon determination of members termination; or K. Simonee Cromwell and/or Info To Fight Foreclosure reserve the right to allow member appropriate rights to the website but to terminate members right to post on the site.
  6. Member agrees to disagree with other members respectfully and not to flame any other member. (Flame: to bash another member, hostile or insulting interaction, or use of profanity) Any such postings are subject to immediate removal and termination of members membership.  No refunds are granted upon determination of members termination; or K. Simonee Cromwell and/or Info To Fight Foreclosure reserve the right to allow member appropriate rights to the website but to terminate members right to post on the site.

 

 

19. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD K. Simonee Cromwell and Info To Fight Foreclosure AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF K. SIMONEE CROMWELL AND INFO TO FIGHT FORECLOSURE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF K. SIMONEE CROMWELL AND INFO TO FIGHT FORECLOSURE, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE K. SIMONEE CROMWELL  AND INFO TO FIGHT FORECLOSURE ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 6 OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.

 20) INITIAL REGISTRATION FEE:  There is a one time initial registration fee for Pro Se Members. This fee is non refundable. The semi-annual registration fee has a discount of $50.00 based on a six month use; if member cancels their plan prior to the six months, the $50.00 becomes immediately due and payable. The $50 will be deduct to any pro-rated refund that may be due to member.  If the annual registration fee has a discount of $100.00 based on twelve months of use; if the member cancels their plan prior to the 12 months, the $100.00 discount becomes immediately due and payable. The $100 will be deducted from any pro-rated refund if the member cancels between months 1 and 5.  If the annual member has used the service for six months or more, then only $50.00 becomes due and payable.

 21) Governing Law; Venue. By using this Site , you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

22) Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, K. Simonee Cromwell. ALL RIGHTS RESERVED.

23) Trademarks.   Info To Fight Foreclosure  and Info To Fight Foreclosure.com  logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of K. Simonee Cromwell and Info To Fight Foreclosure. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

 Acknowledgement. BY USING K. SIMONEE AND INFO TO FIGHT FORECLOSURE’S SERVICES OR ACCESSING THE K. SIMONEE CROMWELL AND INFO TO FIGHT FORECLOSURE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.

Updated August 31, 2013

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