ForeclosuresNow.com
TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THIS DOCUMENT CONTAINS RULES OF USE THAT MAY AFFECT YOUR RIGHTS, INCLUDING A DISPUTE RESOLUTION CLAUSE. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, YOU ARE NOT AUTHORIZED TO ACCESS foreclosuresnow.com OR ANY PAGES OR PORTIONS THEREOF.

I. foreclosuresnow.com Defined

foreclosuresnow.com com ("foreclosuresnow") maintains www.foreclosuresnow.com ("Site") to provide you with information about properties subject to foreclosure by MidFirst Bank, a federally chartered savings association, and its servicing division Midland Mortgage (foreclosuresnow, MidFirst Bank and Midland Mortgage division collectively referenced herein as “we”, “us,” and “Midland”). The Terms of Use and all disclaimers provided on this Site apply to foreclosuresnow.com, MidFirst Bank, its affiliates and parent company.

II. Disclaimers and Limitations.

A. NO OWNERSHIP INTEREST

USER ACKNOWLEDGES THAT www.foreclosuresnow.com DOES NOT ENGAGE IN THE SALE OF REAL ESTATE OR IN REAL ESTATE RELATED SERVICES THROUGH THIS WEBSITE. foreclosuresnow.COM and MIDLAND DO NOT OWN AND DO NOT REPRESENT THAT THEY OWN ANY OF THE PROPERTIES APPEARING ON THIS WEBSITE OR THAT THE PROPERTIES ARE CURRENTLY FOR SALE.

B.SITE CONTENT PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.

ALL CONTENT OF THIS SITE IS PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES AND FOR THE CONVENIENCE OF PARTIES INTERESTED IN POSSIBLE FORECLOSURE SALES. foreclosuresnow.COM MAKES NO REPRESENTATION AS TO THE ACCURACY OR THE COMPLETENESS OF THE INFORMATION REPORTED OR PHOTOS POSTED ON THE SITE. USERS SHOULD NOT ACT UPON THE INFORMATION PROVIDED ON THIS SITE WITHOUT CONDUCTING THEIR OWN DUE DILIGENCE REGARDING THE CORRECTNESS AND COMPLETENESS OF THE INFORMATION REPORTED. USERS ARE EXPRESSLY INSTRUCTED TO INDEPENDENTLY VERIFY THE ACCURACY OF THE INFORMATION PROVIDED ON THIS SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, CONDUCTING A VISUAL INSPECTION OF THE PROPERTIES LISTED (WITHOUT TRESPASSING ON THE PROPERTY) TO DETERMINE THEIR CURRENT CONDITION.

C. INFORMATION PROVIDED ON "AS IS" BASIS/NO WARRANTY

foreclosuresnow.COM ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO GUARANTEES REGARDING, THE ACCURACY, CURRENTNESS, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION CONTAINED IN THIS SITE.

THIS SITE IS PROVIDED BY foreclosuresnow.COM ON AN "AS IS" BASIS. foreclosuresnow.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING (1) THE OPERATION OF THIS SITE; (2) THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON THIS SITE; AND/OR (3) THE QUALITY OR STATE OF TITLE OF THE PROPERTIES LISTED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, foreclosuresnow.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING THIS SITE, YOU AGREE foreclosuresnow.COM WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES RESULTING FROM INACCURATE OR OUTDATED INFORMATION PROVIDED ON THE SITE.

D. NO LEGAL ADVICE

THE INFORMATION PRESENTED HEREIN IS NOT LEGAL ADVICE AND DOES NOT CREATE, CONSTITUTE, NOR SOLICIT AN ATTORNEY-CLIENT RELATIONSHIP. YOU SHOULD NOT ACT UPON ANY INFORMATION PROVIDED ON THIS SITE WITHOUT SEEKING ADVICE FROM QUALIFIED LEGAL COUNSEL ON YOUR SPECIFIC MATTER.

E. NO MODIFICATION OF AGREEMENTS AND/OR APPLICABLE LAW

NONE OF THE INFORMATION PROVIDED BY foreclosuresnow.COM SHOULD BE CONSTRUED AS MODIFYING APPLICABLE STATE LAWS REGARDING THE FORECLOSURE PROCESS IN A PARTICULAR STATE, INCLUDING, BUT NOT LIMITED TO, MODIFYING THE TERMS OF THE FORECLOSURE NOTICE OF SALE AND/OR MODIFYING THE RIGHTS OF REDEMPTION OF FORECLOSED PROPERTIES. THE RULES AND REQUIREMENTS GOVERNING FORECLOSURE SALES VARY FROM STATE TO STATE AND ARE SUBJECT TO APPLICABLE STATE LAWS AND/OR THE RULES OF AUCTION ESTABLISHED BY THE JUDGE, COURT CLERK, AND/OR FORECLOSING ATTORNEY/TRUSTEE.

F. INFORMATION SUBJECT TO CHANGE

ALL OF THE INFORMATION AVAILABLE IN THIS WEBSITE IS SUBJECT TO CHANGE FROM TIME TO TIME WITHOUT NOTICE.

III. Indemnification. As a condition of use of foreclosuresnow.com, User agrees to indemnify and hold harmless foreclosuresnow.com, at User’s sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorney’s fees) and other costs relating to any and all claims resulting from User’s use of information contained on the foreclosuresnow.com Site, including without limitation, (i) any claims alleging facts, that if true, would constitute a breach of these Terms of Use by the User or any other party; (ii) User’s negligence or misconduct and (iii) claims that User has infringed a copyright, trademark, trade secret, patent or other proprietary right of a third party.

IV. Security. Any information you enter and submit to us is purely voluntary and is limited to name, address, phone number, e-mail address and any information you supply in an e-mail message. Although this website is encrypted, E-mails you send to us are NOT secure; therefore, DO NOT include any personal information in your emails.

V. Copyright. Copyright in the pages, screens, text and images appearing at the Site is owned by foreclosuresnow.com or others as indicated. The information and materials contained in the Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without express written permission of foreclosuresnow.com.

VI. License and Site Access. We grant you a limited license to access and make personal use of this Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of foreclosuresnow.com. This license does not include any resale or commercial use of this Site or its contents. Any reproduction, duplication, copying, selling or reselling, visiting, or other use of this Site or any content thereof for any commercial purpose is expressly prohibited without express written consent of foreclosuresnow.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of foreclosuresnow.com without express written consent from foreclosuresnow.com. You may not use any meta tags or any other "hidden text" utilizing the foreclosuresnow.com name or trademark or those of Midland, their subsidiaries, affiliates and/or parent company without the express written consent of foreclosuresnow.com.

VII. Site Content. The Site may provide users with the opportunity to submit suggestions, comments, questions, or other information. Users are prohibited from e-mailing, submitting or posting content that is, in foreclosuresnow.com’s sole discretion, deemed to be obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, including but not limited to political campaigning, commercial solicitation, chain letters, mass mailings, and/or any form of "spam." You are prohibited from introducing any content to the Site that may contain software viruses. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead foreclosuresnow.com as to the origin of e-mail or other content. We reserve the right to remove or delete any user content that is considered undesirable, in our sole discretion.

VIII. Errors and Delays. We are not responsible for any errors or delays in responding to an email caused by an incorrect e-mail address provided by you or other technical problems.

IX. No Partnership/Agency. User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and foreclosuresnow.com as a result of use of the web site.

X. Governing Law. This Site and the content herein is published for use in the United States and territories hereof, and may not be used or downloaded in other countries. The Terms of Use shall be subject to and construed in accordance with the laws of the State of Oklahoma, excluding its conflict of law principles. By using this Site, you hereby consent to the exclusive jurisdiction and venue of courts in Oklahoma County, Oklahoma, U.S.A., in all disputes arising out of or relating to the use of this Site or the interpretation of the Terms of Use. User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding. Use of this Site in any jurisdiction that does not give full effect to all provisions of these terms and conditions, including but not limited to this paragraph, is expressly forbidden.

XI. Privacy. Unless specifically noted when obtained, we do not make available to third parties information that personally identifies Site Users.

XII. Use of Cookies. foreclosuresnow.com reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect users' preferences. Cookies were originally designed to help a website distinguish a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie is a small string of text that a website can send to your browser. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your E-mail address.

XIII. Binding Arbitration. Any dispute or controversy arising under or in connection with use of this Site, the information provided on this Site or interpretation or enforcement of the Terms of Use shall be settled exclusively by binding arbitration in Oklahoma City, Oklahoma, in accordance with the American Arbitration Association rules. The decision of the arbitrator(s) shall be final and binding on all parties involved and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay all respective costs and expenses incurred by it, including attorney’s fees and disbursements, in connection with the arbitration and/or any legal proceedings related to it.

XIV. General. These Terms of Use constitute the entire and only agreement between User and foreclosuresnow.com on the matters described. If any part of the Terms of Use is 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 the Terms of Use and of any notice given in electronic form shall be admissible in 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. No delay, waiver, forbearance, or omission by foreclosuresnow.com to exercise any power or rights arising out of the Terms of Use shall affect or impair its rights nor constitute a waiver of any right hereunder.

PLEASE PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.