Propertyonion.com Terms of Service

Welcome to PropertyOnion.com

These terms and conditions outline the rules and regulations for the use of PropertyOnion.com's Website and related Company services. Depending on the services you engage in connection with our Company, you may be required to agree to additional terms and conditions.

By accessing this website you agree to be bound by these terms of use. Do not continue to use PropertyOnion.com's website if you do not accept all of the terms and conditions stated on this page (the “Terms and Conditions”). These terms and conditions are effective immediately upon Your use of this website.

The following definitions apply to these Terms and Conditions, Privacy Statement and Disclaimer Notice. “Client,” “You” and “Your” refer to the person accessing this website. The “Company,” “We,” “Our” and “Us” refer to PropertyOnion.com, including all employees, officers, directors, affiliates, third-party consultants or contractors, and all other persons or entities providing services in connection with PropertyOnion.com, collectively. The “Parties” refers to (i) the person accessing this website, as well as your partners, associates, employees, business entity(s) or any other person collaborating with you who intends to benefit directly or indirectly from the use of PropertyOnion.com, and (ii) our Company, as defined herein. These Terms and Conditions apply to the use of this website, email communications between the Parties, phone or video conferences between the Parties, in person meetings, letter or other documentary correspondences, and all other dealings between the Parties regarding PropertyOnion.com services. Terms herein in the singular, plural, capitalized, or the use of pronouns he, she, it or they, are taken as interchangeable and carrying the meaning appropriate to the context thereof. All provisions herein shall be interpreted in accordance with laws of the State of Florida and venue for enforcement of the same shall be exclusively through the Courts or arbitration panels of Palm Beach County, Florida.

Cookies

Most interactive websites today use cookies to enable retrieval of details related to each visit. Cookies are used in some components of our site to enable functionality and/or for ease of use. Some of our affiliates and/or advertising partners may also use cookies. We employ the use of cookies. By using our website you consent to the use of cookies in accordance with our privacy policy.

License

Unless otherwise stated, PropertyOnion.com and/or its licensors own the intellectual property rights for all code, information, images and/or other material available on this website. All intellectual property rights are proprietary to our Company and may not be used for any purpose outside of this website without the express written consent of PropertyOnion.com. You may view and/or print pages from https://propertyonion.com for your own personal use subject to the restrictions set forth in these terms and conditions. Unless expressly stated otherwise, you are prohibited from (i) republishing or redistributing any content from https://propertyonion.com, (ii) selling, leasing or sub-licensing any material from https://propertyonion.com, or (iii) reproducing, duplicating material from https://propertyonion.com for any commercial purpose other than your own real estate activities.

User Comments

  1. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (“Comments”). PropertyOnion.com does not screen, edit, publish or review Comments prior to their posting on the website, and Comments do not reflect the views or opinions of our Company. Comments are meant for discussion purposes only, and you must not rely upon the same as advice offered by our Company. To the extent permitted by applicable laws, our Company shall not be responsible or liable for Comments or for any loss, cost, liability, damages or expenses caused and/or suffered as a result of the same.
  2. We reserve the right to monitor all Comments and to remove any Comments which it considers, in its absolute discretion, to be inappropriate, offensive, inaccurate or otherwise undesirable. Notwithstanding such reservation, PropertyOnion.com is under no obligation to so monitor or edit Comments.
  3. If you choose to make Comments on this website, you warrant and represent:
    1. You are entitled to post the Comments and have all necessary licenses and consents to do so;
    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    3. The Comments do not contain any defamatory, libelous, offensive, indecent or unlawful content nor any content that may be deemed an invasion of privacy.
    4. The Comments will not be used to solicit or promote business activities or unlawful activities of any kind.
  4. By posting comments, you grant to PropertyOnion.com a non-exclusive, royalty-free license to use, reproduce, edit—and authorize others to use, reproduce and edit—any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups, which may not hyperlink to our website without prior written consent.
  2. Other organizations may link to our home page, our publications or to specific information on our website so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party, its products or services; and (c) fits appropriately within the context of the linking party's site.
  3. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. Commonly known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity donation sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from such organizations if we determine, at our sole discretion, that: (a) the link would not reflect unfavorably on us or our accredited businesses (Note: Organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink is substantial, and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content furthering the mission of the organization.

Except as set forth in the immediately preceding sentence, when termination is requested by a Subscriber, there is no refund for any unused portion of the current subscription. Subscriber acknowledges and agrees that the authorization to charge Subscriber's credit card for services shall automatically transfer to any successors or assigns of PropertyOnion LLC for substantially similar services at the same website. Subscriber may not assign or transfer his or her subscription to any other person or entity. Should Subscriber request a refund which is denied for a valid reason under these Terms of Service, and should Subscriber subsequently file a claim against PropertyOnion LLC, PropertyOnion LLC shall be entitled to collect from Subscriber all costs (including attorneys’ fees) associated with defending such a claim.

If you are among the organizations listed above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our website as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our website or material being linked, as appropriate within the context and format of content on the linking party's site.

Paid Membership

Membership to Propertyonion.com is free, for most of the member site. There are premium features that you will need to upgrade your membership to premium status. Premium membership is charged upfront for the following term. You are responsible for paying periodic subscription fees, and you hereby authorize any third-party payment processor designated by PropertyOnion LLC to charge the your credit card, debit card, or bank account, to pay for the ongoing cost of subscriptions/membership fees via automatic debit. You represent and warrant that you have all necessary power and authority to authorize any payments hereunder and to use any credit cards or other payment methods utilized hereunder. Subscription plans, offerings and length of terms offered may vary.

Automatic Renewal

Unless specifically stated, subscriptions will be automatically renewed for a term equal to the original term upon expiration of the then-current term, and continually thereafter, unless you terminate the subscription during the current term before the next term begins. If you have a semiannual subscription, you must terminate the subscription on days 1 to 179 before you are billed again on day 180. If you have a quarterly membership you must terminate the subscription on days 1 to 89 before you are billed again on day 90. If you have a monthly membership you must terminate the subscription on days 1 to 29 before you are billed again on day 30.

Method of Cancelation

There are 3 valid ways to cancel your account:

  1. Calling PropertyOnion LLC at (561) 430-2616 and requesting cancelation and your cancelation confirmation number.
  2. Using our contact form to request cancelation by following this link: https://propertyonion.com/more/contact and filling out the form with your correct account email and receiving a reply back with your cancelation number.
  3. Opening your member admin page on our site at this link: https://propertyonion.com/account-info/membership and clicking on the “Cancel Membership” button.

There are no other ways to cancel your account. Replying to a site generated email notice or marketing email is not a valid way as the replies are not received from site notice emails.

Refunds

No refunds are given for premium memberships. It is the same as going to a movie or a show. You are buying a ticket and walking into the theater. Once you have entered you cannot have a refund. The only people eligible for refunds are those that cannot and have not ever logged in to use their membership. We log each time a member has logged in and used the service for this purpose. No refunds will be given for unused time after a membership period has been billed. You are paying for timed access up front. If you have purchased a 3-month membership and cancel recurring subscription after 1 month, then you have 2 months of membership remaining. If you buy a 30-day membership and cancel your recurring subscription on day 1, then you have 29 days of membership remaining. No refunds will be given.

Image

Without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our website or any content thereof.

Reservation of Rights

We reserve the right at any time, and in our sole discretion, to request you remove all links or any particular link to our website. In that event, you agree to immediately remove all such links. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound by these Terms and Conditions and any amendments to the same.

Removal of links from our website

If you find any link on our website, or any linked website, objectionable for any reason, please contact us at your earlies convenience. Any such contacts will be given due consideration, though the Company retains the right to make all decisions related to the website.

Content Liability

Just like everyone, our Company relies on information in the public record. The public information most relevant to our website includes data published by County Clerks of Court, County Property Appraisers, County Tax Collectors, and other government agencies about upcoming auctions, properties scheduled for foreclosure sale, and properties listed for tax deed sale. These records depend on the work of staff members and third parties, and human error is always a factor. All Florida Clerks of Court and related county offices disclaim any liability and make no warranty regarding the accuracy, completeness, or timeliness of information they publish.

Because no public data source is guaranteed to be accurate, our Company cannot and does not guarantee the accuracy of any information on upcoming auction dates, case status, foreclosure sale listings, tax deed sale listings, property details, ownership information, lien status, or any other data displayed on this website. Although our data is vetted through reputable data partners, no source is 100 percent accurate. You must verify every detail directly with the County Clerk, County Property Appraiser, County Tax Collector, and any other applicable authority before bidding on or purchasing any property at a foreclosure auction or tax deed auction. No user should ever purchase a property without performing complete and independent due diligence and confirming all information from official county records.

While our Company provides tools designed to make research more efficient, we do not provide any warranty beyond what is provided by the underlying government sources. As a condition of using this website, you acknowledge that foreclosure auctions and tax deed auctions in Florida operate under caveat emptor, buyer beware. You agree that our Company bears no legal responsibility of any kind for inaccuracies in data, errors in public records, or the outcome of any investment or transaction stemming from the use of our services. Further, we are not attorneys or investment advisers, so nothing on this website or provided by our Company should be taken as legal or investment advice unless you have engaged a licensed professional under a separate agreement.

Disclaimer & Limitations

To the maximum extent permitted by applicable law, we disclaim liability with regard to all representations and uses relating to our website and/or services—including, without limitation, any implied warranties of fitness for purpose and/or the use of reasonable care. The limitations and exclusions of liability set forth herein shall govern any and all claims arising in contract or tort, including claims for any statutory violations. Without obviating the forgoing, recovery on claims of any kind shall be limited to reimbursement of fees or charges paid by you to our Company for the specific services giving rise to such claims. In no event shall our Company be liable for any consequential or special damages stemming from such claims, nor shall any claims give rise to punitive damages.

Terms and Conditions for PURCHASE OF TITLE SEARCH REPORT

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR A TITLE SEARCH REPORT (A “REPORT”) FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN A REPORT FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PROPERTY ONION, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through https://propertyonion.com (the “Site”). These Terms are subject to change by Property Onion, LLC, a Florida limited liability company (referred to as “us”, “we”, “our”, or the “Company” as the context may require) without prior written notice at any time in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).

THE REPORT IS ISSUED SOLELY FOR THE USE OF YOU, THE PERSON OR ENTITY WHO PLACED THE ORDER FOR SUCH REPORT. THE REPORT IS TO BE USED ONLY BY YOU FOR INFORMATIONAL PURPOSES ONLY. BY ACCESSING THE REPORT, YOU AGREE THAT YOU WILL NOT RELY ON THE REPORT FOR ANY MATTER AFFECTING, RELATING TO, OR ARISING FROM, ANY LEGAL RIGHT OBLIGATION, INCLUDING WITHOUT LIMITATION, ANY REAL ESTATE TRANSACTION, TITLE INSURANCE POLICY, INVESTMENT DECISION, AND/OR OTHER LEGAL MATTERS OF ANY TYPE OR NATURE WHATSOEVER.

The Report is a report of matters appearing in the official records of the county or city wherein the subject property is located. The searches used to formulate the Report may not encompass all publicly available records or sources of information, including but not limited to Federal District Courts. Matters such as mortgages, judgments and other liens, for which the Company has found recorded satisfactions or releases, and possible other matters which, according to custom and practice, may or may not appear in a title search, may not be included in the Report. No guarantee, representation, or warranty of any kind or nature whatsoever is made with respect to the accuracy, validity, or applicability of the information contained in the Report, and any and all such guaranties, representations, and warranties, are expressly disclaimed to the fullest extent permitted by applicable law.

The amounts shown, if any, in this Report for any deeds of trust, judgments and/or taxes is for informational purposes only.  You are solely responsible for confirming amounts for payoff and/or proration purposes.

USE OF THIS REPORT FOR ANY REASON OTHER THAN AS EXPRESSLY SET FORTH HEREIN IS NOT AUTHORIZED. THIS REPORT MAY NOT BE RELIED UPON BY ANY OTHER PARTY NOR MAY IT BE RELIED UPON FOR ANY OTHER PURPOSE OTHER THAN AS EXPRESSLY SET FORTH HEREIN, INCLUDING IN CONNECTION WITH ANY ACTUAL PROPOSED REAL ESTATE TRANSACTIONS. NO LIABILITY IS ASSUMED BY THE COMPANY FOR UNAUTHORIZED USE OR RELIANCE. THE LIABILITY UNDER THIS REPORT IS LIMITED AS EXPRESSLY SET FORTH HEREIN. THIS REPORT IS NOT AN OPINION, WARRANTY OR GUARANTEE OF TITLE. THE COMPANY IS NOT A LICENSED TITLE AGENCY OR A TITLE AGENT. THE REPORT IS NOT A POLICY OF INSURANCE, INCLUDING WITHOUT LIMITATION A TITLE INSURANCE POLICY AFFECTING THE SUBJECT PROPERTY. THE COMPANY IS NOT A LAWYER OR A LAW FIRM, AND CANNOT AND WILL NOT FURNISH LEGAL ADVICE. THE REPORT IS NOT LEGAL ADVICE, AND YOU EXPRESSLY AGREE AND ACKNOWLEDGE THE FOREGOING BY ACCESSING THE REPORT.

If more than one Report is purchased by you in any single transaction or series of transactions with us, each time you access any such Report, you agree to be bound by the terms and conditions contained in this document.

  • Order Acceptance and Cancellation.

    • You agree that your order is an offer to buy, under these Terms, the Report listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

  • Prices and Payment Terms.

    • All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
    • We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
    • Reserved.
    • Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept such methods of payments as are stated on the Site, as such may be updated from time-to-time with or without notice, for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
    • We will arrange for the digital download of the Report by you. Please check the individual product page for specific download instructions.
    • We may not make the Report available for download in perpetuity, and no guarantee is made that you will be able to download your Report after the initial opportunity for download is made available to you. It is our responsibility to save a copy of the Report for future use. You expressly agree and acknowledge that the Company shall not be liable for your failure to save a copy of the Report when the opportunity to down the Report is presented to you.

  • Returns and Refunds.

    • We do not accept returns or refunds.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY REPORT, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

  • Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

    OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE REPORT(S) YOU HAVE ORDERED THROUGH OUR SITE.

    The limitation of liability set forth above shall only apply to the extent permitted by law. If applicable law does not permit the foregoing, our liability to you shall be the minimum amount permitted by applicable law.

  • Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal, household, or business use only, and not for resale or export.

  • Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, , governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

  • Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  • Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

  • Dispute Resolution and Binding Arbitration.

    • YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATIONv

      ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    • The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

      The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

      If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

    • Reserved.

    • You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

      If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

  • Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  • No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
  • No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  • Notices.

    • To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Property Onion, LLC c/o TSR Agreement Manager, 370 Camino Gardens Blvd Suite 403 Boca Raton, FL 33432. We may update address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.
  • Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  • Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
  • Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. Any other mentions in this policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. If you wish to be removed from receiving future communications, you can opt out by texting STOP.

Get Exclusive Foreclosure Alerts Before Other Investors!

FREE personalized daily alerts for properties matching your criteria, plus exclusive weekly market stats
and foreclosure data for your county. Never miss a profitable opportunity again!