TERMS OF SERVICE

By using the services provided by InvestNWI.com, you become a "Subscriber" of InvestNWI.com, ("InvestNWI.com"), and agree to be bound by these Terms of Service, and such agreement consitutes a binding contract between Subscriber and InvestNWI.com. The services offered by InvestNWI.com are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. These Terms of Service are subject to change by InvestNWI.com, in its sole discretion, at any time, without prior notice. If you do not agree with any term or condition set forth below, you are not authorized to use the services of InvestNWI.com for any purpose.

Grant of License

InvestNWI.com grants and conveys to you, the Subscriber, during the term of your paid subscription access, a non-exclusive, non-transferable license to use the data, information and services provided through the InvestNWI.com website subject to the License Restrictions detailed below.

License Restrictions - Single User Subscription

You, the Subscriber, represent, warrant, affirm and agree that the data, information and services provided by InvestNWI.com to you will be used only by you, and that you will not permit or allow the data, information and services to be used by an agent, representative, consultant, organization, third party or any other person or entity. Subscriber further represents, warrants, affirms and agrees that Subscriber will not transfer, sell, convey, resell, sublicense, or publish any data, information or services provided by InvestNWI.com to Subscriber in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:

  •   Use other than Subscriber's own personal use, i.e. no commercial purpose or use is permitted.
  •   Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party.
  •   Real estate valuation models, programs or systems.
  •   Inclusion or in combination with any other service or product of any kind.
  •   Extracting, selecting or drawing out any data element for any use.
  • Proprietary Rights

    You, the Subscriber, represent, warrant, affirm and agree that the data, information, and services are proprietary information and property of InvestNWI.com, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Subscriber's subscription only allows Subscriber to use the data, information and services subject to the express limitations and restrictions provided for in these Terms of Use.

    Acceptable Usage

    You, the Subscriber, may not use the information provided by InvestNWI.com to violate and international, federal, state, county, municipal, regulatory or other governmental statute, ordinance, regulation or other civil, criminal or administrative rule or law. Subscriber will be held liable for any damages incurred by InvestNWI.com as a result of such violation, in addition to reasonable attorney's fees and costs.

    Downloading Clause

    Frequent access or robotic access to download foreclosure listings/information for use other than its intended purpose from InvestNWI.com web site is an abuse of resources. Any Subscriber found inappropriately misusing foreclosure information will immediately be terminated and Terms of Use shall be subject to and construed in accordance with the laws of the State of Wisconsin.

    Any attempts to gain unauthorized access to our system or accounts, disrupt service or network connectivity, misuse our website or create fradulent accounts are subject to Terms of Use. Publisher is the sole arbiter of what is considered abuse.

    Consequences of Non-Compliance with Terms of Use

    Any time InvestNWI.com believes, in its sole discretion, that Subscriber has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, InvestNWI.com may immediately terminate Subscriber's subscription. Subscriber's sole remedy shall be to receive a pro-rata refund of the subscription fee paid by Subscriber for the remaining days of the then current month of prepaid fees.

    Limitation of Liability

    Under no circumstances shall InvestNWI.com be liable to any Subscriber arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if InvestNWI.com has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on InvestNWI.com, from inability to use InvestNWI.com, or from the interruption, suspension, or termination of InvestNWI.com (including such damages incurred by third parties). Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

    Without limiting the foregoing, under no circumstances shall InvestNWI.com 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, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

    Choice of Law

    These Terms of Service will be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

    Terms of Subscription

    A subscription is thirty (30) consecutive days of paid service. All sales are final. There are no refunds, exchanges or cancellations.

    Termination

    InvestNWI.com reserves the right to cancel services to any Subscriber at any time. The Subscriber may cancel the Subscriber's subscriptions at any time. All fees due to InvestNWI.com up to the end of the then current monthly billing cycle at time of termination shall remain payable to InvestNWI.com.

    Survival of Terms

    The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Subscriber's Subscription.

    Subscriber Services

    Subscriber affirms that all of the information Subscriber provides to InvestNWI.com, whether online or otherwise, is accurate and complete. Subscriber also agrees to update InvestNWI.com with current and accurate information, if at any time the information Subscriber provided to Foreclosures.com changes. InvestNWI.com reserves its right to terminate or suspend access to InvestNWI.com services to any Subscriber whose information InvestNWI.com believes, at InvestNWI.com's sole discretion, to be inaccurate or misleading.

    Disclaimers and Limitations

    InvestNWI.com tries to ensure that the information contained in its websites is accurate and reliable; however, errors sometimes occur. In addition, InvestNWI.com may make changes to the information provided herein at any time. All information, products and services associated with this site are provide "AS IS". InvestNWI.com disclaims any warranty of any kind, whether expressed or implied, as to any matter whatsoever relating to this website and any information, product or service provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. By use of InvestNWI.com's services, the Subscriber agrees and acknowledges that the subscriber's use of all information contained herein and supplied by InvestNWI.com is at the Subscriber's own risk. InvestNWI.com are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with InvestNWI.com's services or with the delay or inability to use its website or any information, products or services provided herein, or otherwise arising out of the use of the website, whether resulting in whole or in part from breach of contract, tortious behavior, negligence, stricty liability or otherwise, regardless of whether or not the Subscriber knows, suspects or has been advised of the possibilty of any such damages. Some jurisdictions do not allow the exclusion of inplied warranties, so the above exclusion may not apply to the Subscriber, if the Subscriber lives in such a jurisdiction.

    Indemnity

    As a condition of use of InvestNWI.com, the Subscriber agrees to indemnify and hold harmless InvestNWI.com, at Subscriber's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) Subscriber's negligence or misconduct, or (iii) claims that Subscriber has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

    Dispute Resolution

    The Subscriber agrees that any claim or controversy, arising out of or relating to the use of InvestNWI.com's services, to the goods or services provided by InvestNWI.com, or to any acts or omissions for which the Subscriber may contend InvestNWI.com is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Oneida County, Wisconsin. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Subscriber shall select an arbitrator from a panel of arbitrators acceptable to InvestNWI.com. In any arbitration, InvestNWI.com will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration being paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Oneida County, Wisconsin. Subscriber and InvestNWI.com agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

    This agreement provides that all disputes between Subscriber and InvestNWI.com will be resolved by binding arbitration in Oneida County, Wisconsin. Subscriber thereby gives up Subscriber's right to bring any matter to court to assert or defend Subscriber's rights. Subscriber also gives up Subscriber's right to participate in or bring class actions. Subscriber's rights will be determined by a neutral arbitrator, rather than a judge or jury. Subscriber and InvestNWI.com retain the right to pursue injunctive relief in court, and agree that such claims for injunctive relief may only be brought in a court of competent jurisdiction in Oneida County, Wisconsin.

    Other Terms

    These Terms of Use shall be subject to and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of laws principles. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

    Entire Agreement

    These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by InvestNWI.com or its representative.