BEFORE YOU CLICK ON THE "I AGREE" CHECK-BOX
PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY CLICKING ON THE "I AGREE" CHECK BOX YOU ARE AGREEING TO BECOME
A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER
AGREEMENT.
Subscriber Agreement
The Web site located at www.landforpennies.com ("Site") is provided
by Orbit Investments, LLC. Your access to and use of the Site is governed
by this Subscriber Agreement ("Agreement"). As used in this
Agreement, "Orbit Investments, LLC," "we," "us'"
or "our" refers to Orbit Investments, LLC, and "you"
or "your" refers to you, the user of the Site. The Agreement
below is the agreement you consented to upon subscribing to the site.
The Agreement does not apply to use of the publicly available Web Site
maintained by Orbit Investments, LLC.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or
been assigned a particular username and password in accordance with Orbit
Investments, LLC's username and password guidelines. YOU AGREE THAT YOU
ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME
OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING
YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or
any other user that accesses the Site using your username and password,
at or through the Site will be attributed to and legally bind you, even
with respect to acts for which the user had no actual authority or made
an error. You assume all resulting liability from use of the Site and
any services available on it by you or others using your username or password.
If you lose your username or password, please contact us at: support@landforpennies.com.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our site.
Your subscription will continue and renew automatically, unless terminated
by Orbit Investments, LLCor until you notify Orbit Investments, LLC by
email or as designated on the Site of your decision to terminate your
subscription. If there are any annual, monthly, or similar periodic fees
for your subscription, these fees will be billed automatically to the
credit card designated during the registration process for the Site or
subsequently designated by you to Orbit Investments, LLC, at the start
of the annual, monthly, or similar period, and at the start of each renewal
period, unless you terminate your subscription before the relevant period
begins. You agree to pay or have paid all fees and charges incurred in
connection with your username and password for the Site (including any
applicable taxes) at the rates in effect when the charges were incurred.
All fees and charges are nonrefundable. Orbit Investments, LLC may change
the fees and charges then in effect, or add new fees or charges, by giving
you notice in advance. All fees and charges incurred in connection with
your Orbit Investments, LLC username and password will be billed to the
credit card designated during the registration process for the Site or
subsequently designated by you to Orbit Investments, LLC. If you want
to designate a different card or there is a change in credit card validity
or expiration date, or if you believe someone has accessed the Site using
your username and password without your authorization, you may email us
at support@landforpennies.com. You are also responsible for any fees or
charges incurred to access the Site through an Internet service provider
or other third party service. YOU, AND NOT Orbit Investments, LLC, ARE
RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD
PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms are incorporated
herein by this reference. Please read it now at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or
other message or communication facilities ("Communication Services")
designed to enable you to communicate with others. You agree to use the
Communication Services only to submit or post messages and material that
are proper and, when applicable, related to the particular Communication
Service. You are also prohibited from submitting to, posting or transmitting
through Orbit Investments, LLC any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or international
law. Content that consists of or contains software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or
any form of "spam" is prohibited. You may not use a false email
or postal address, impersonate any person or entity, or otherwise mislead
as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information
that constitutes part of the content expressed or made available by third
parties are those of the respective authors or distributors and not of
Orbit Investments, LLC nor its affiliates, not any of their officers,
directors, employees, or agents. You acknowledge that Orbit Investments,
LLC does not pre-screen all content, but that Orbit Investments, LLC and
its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any content that is made available via the
Communication Services. Without limiting the foregoing, Orbit Investments,
LLC and its designees shall have the right to remove any content that
violates this Agreement or is otherwise objectionable. You specifically
agree that Orbit Investments, LLC is not responsible for any content sent
using and/or included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of Orbit Investments, LLC
(or material that other suppliers have licensed to Orbit Investments,
LLC for their use) which is protected by copyright and other laws respecting
proprietary rights. Orbit Investments, LLC retains all rights in the material
and media, including (without limitation) all copyright and other proprietary
rights worldwide in all media. You may not use Orbit Investments, LLC
except as expressly permitted under this Agreement and under U.S. copyright
laws. Any routine and/or systematic redistribution of any portion of the
products licensed herein is expressly prohibited.
End users who are duly authorized may Access Orbit Investments, LLC for
individual use, i.e., may view the information on screen; may download
small portions of the information to a computer disk for personal convenience
and later reference; and may print paper copies of small portions for
personal use only.
The rights granted here are an expansion of the rights granted under the
Copyright Act and do not include any rights to reproduce in its entirety
any portion of the information or materials contained therein. No part
of the information may be duplicated in any medium or format beyond the
express terms of this Agreement without prior written authorization from
Orbit Investments, LLC. Any use not authorized by the Agreement is prohibited
and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained
therein) is highly proprietary in nature and that unauthorized copying,
transfer or use may cause Orbit Investments, LLC and/or Orbit Investments,
LLC’s suppliers irreparable injury that cannot be adequately compensated
for by means of monetary damages. You agree that any breach of this provision
by you, or any subscriber or end-user, may be enforced by Orbit Investments,
LLC, and/or any of Orbit Investments, LLC’s suppliers, by means
of equitable relief (including, but not limited to, injunctive relief)
in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may
enforce its rights against you, even though that supplier is not a party
to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute,
sell, or otherwise access or use any material retrieved from or contained
in or on this Site in any manner whatsoever that may infringe any copyright
or proprietary interest of Orbit Investments, LLC; distribute the information
contained in and/on this Site to other users not duly authorized to Access
the Site; distribute, rent, sublicense, lease, transfer or assign the
information or Agreement; decompile, disassemble, or otherwise reverse-engineer
this Site or information contained in or on this Site or any software
contained therein, or alter, translate, modify, or adapt it to create
derivative works. Unauthorized reproduction, transfer, and/or use may
be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of
the information on any electronic media, including, but not limited to,
local or wide area networks, timesharing services, multiple processing
units, multiple site arrangements, service or software rental bureaus,
list servers, online services, electronic bulletin boards or forums, World
Wide Web sites or any other server that is Internet-enabled, without written
authorization by Orbit Investments, LLC.
If you breach any provision of this Agreement, Orbit Investments, LLC
may immediately terminate this Agreement and all licenses granted hereunder
without prior notice and in addition to any other available rights and
remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited
to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications
that are capable of copying large portions of content from the Site. Orbit
Investments, LLC can detect the use of these systems through live logfile
analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the
robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we will ban
any offenders. If you are using a robot/crawler to check Orbit Investments,
LLC links, it must operate according to the robot guidelines (see above).
Do not leave new robots unattended and allow a minimum of 1 minute between
automated requests.
c. Use any device, software or routine or the like to interfere or attempt
to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately
large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating
specifically to the Site;
f. Access the Site by any means other than through the interface that
is provided by Orbit Investments, LLC, or attempt or access any area of
the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover
any source code relating the Site, except to the extent that such activity
is expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by Orbit
Investments, LLC. While we use commercially reasonable efforts to provide
accurate information, Orbit Investments, LLC gives no warranty as to the
accuracy of the database and other content on the Site. Orbit Investments,
LLC reserves the right to withdraw or delete information or content from
the Site at any time.
8. Links to Third Party Sites
Orbit Investments, LLC does not endorse the content on any third-party
Web site, including Web sites of Orbit Investments, LLC's affiliates ("Third-Party
Sites"). Orbit Investments, LLC is not responsible for the content
of Third-Party Sites that you reach through links on the Site, sites framed
within the Site, or third-party advertisements on the Site, and we do
not make any representations regarding their content or accuracy. Your
use of Third-Party Sites is at your own risk and subject to the terms
and conditions of use for such sites. Any transaction that you conduct
at a Third-Party site will be between you and the party providing that
Web site. This means that Orbit Investments, LLC is not your agent and
is not a party to any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to Orbit Investments, LLC that: (a) you possess
the legal right and ability to enter into this Agreement; (b) all information
submitted by you to the Site is true and accurate; (c) you will be responsible
for all use of your username and password even if such use was conducted
without your authority or permission; (d) you are at least 18 years old;
and (e) you will not use the Site for any purpose that is unlawful or
prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN
THIS SITE BY Orbit Investments, LLC AND ITS AFFILIATES ARE PROVIDED "AS
IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND,
AND Orbit Investments, LLC AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, Orbit Investments, LLC DOES NOT MAKE ANY WARRANTIES
REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR
TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS
FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d)
FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES
AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL
OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED
IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL Orbit Investments, LLC OR ANY OF ITS AFFILIATES BE LIABLE
FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE
EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN
IF Orbit Investments, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL Orbit Investments, LLC OR ANY OF ITS AFFILIATES
BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL
DOLLAR AMOUNT ACTUALLY RECEIVED BY Orbit Investments, LLC FROM YOU FOR
ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING
THE YEAR PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's fees
and costs, if we become liable for or incur any damages in connection
with your breach of this Agreement. You may not settle any dispute without
our prior consent, which may only be given in a non-electronic writing
signed by an authorized representative of Orbit Investments, LLC.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our
option, be conducted electronically, including any that we are otherwise
required to provide in "writing". For example, we may send you
notices via postings at the Site or via email to any email address that
you provide to us during registration as a Site member. If you do not
wish to deal with us electronically, you should not use the Site or enter
into this Agreement. If applicable law now or later requires us to communicate
with you non-electronically, we reserve the right to charge a fee for
doing so. Notice will be deemed given 24 hours after the email is sent,
unless (for email) we are notified that the email address is invalid.
Alternatively, we may give you notice by mail to the address provided
during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any
amendment from time to time) and retain it in your records. You also agree
to make a copy of any other information that we deliver to you in writing.
16. Termination
Orbit Investments, LLC may terminate your subscription and/or access,
or suspend access to all or part of the Site, without notice, for any
conduct that Orbit Investments, LLC, in its sole discretion, believes
is in violation of this Agreement, any applicable law, or any act which
is harmful to the interests of another user, service provider, or Orbit
Investments, LLC. Orbit Investments, LLC may also elect not to renew your
subscription and access by providing a notice of nonrenewal prior to the
end of your current subscription term. Applicable sections of this agreement
will survive any termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement without the consent
of an authorized representative of Orbit Investments, LLC in a non-electronic
record, and any assignment without Orbit Investments, LLC's consent will
be voidable at Orbit Investments, LLC's option. This Agreement will inure
to the benefit of and bind the parties' respective successors and permitted
assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Arizona, without
regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate
Orbit Investments, LLC and/or its affiliates' intellectual property rights,
Orbit Investments, LLC and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of Arizona,
and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following location:
Maricopa County. Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: support@landforpennies.com, under the rules
of the American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction to do
so.
19. Amendments
Orbit Investments, LLC may change the provisions of this Agreement. When
Orbit Investments, LLC changes the terms of this Agreement, Orbit Investments,
LLC will notify you by email or online postings on this Site. The changes
will also appear in this document, which you can access any time. You
already agreed to be bound by the changes when you first subscribed to
the site. If you do not agree to be bound by the changes, you should not
use the Site again and you should cancel your subscription to the Site.
Even if you have not clicked on the "I Agree" button or checked
the I agree box when subscribing, if you use the Site after you have been
notified of a change to this Agreement, you are agreeing now to be bound
by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is
the entire agreement between the parties for its subject matter and supercedes
all prior and contemporaneous communications between the parties. No term
of this Agreement may be waived by Orbit Investments, LLC except in a
signed, non-electronic writing signed by an authorized representative
of Orbit Investments, LLC.
21. General
If any provision of this Agreement is found by a court of competent jurisdiction
to be invalid, the parties agree that its remaining provisions will remain
in full force and effect, provided that the allocation of risks described
herein is given effect to the fullest extent possible. Our failure to
act with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. You agree that
no joint venture, partnership, employment or agency relationship exists
between you and Orbit Investments, LLC or its affiliates as a result of
this Agreement or your use of the Site.
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