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End User License Agreement (EULA)
This End User License Agreement ("Agreement") is a legal contract between you ("Licensee" or "you") and NC Tax Foreclosures ("Licensor," "we," "us," or "our") regarding your use of our website located at nctaxforeclosures.com (the "Software" or "Service"). By accessing or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not access or use the Software.
1. License Grant
Limited License: Subject to the terms of this Agreement, Licensor grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software for your personal or internal business purposes related to real estate investment.
2. License Restrictions
You agree that you will not:
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Copy or Modify: Copy, reproduce, modify, adapt, translate, or create derivative works based on the Software.
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Distribute or Transfer: Sell, lease, rent, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Software or make it available to any third party.
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Reverse Engineering: Decompile, disassemble, reverse-engineer, or attempt to derive the source code of the Software.
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Unauthorized Use: Use the Software for any unlawful purpose or in violation of any applicable laws or regulations.
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Access Restrictions: Circumvent, disable, or otherwise interfere with security-related features of the Software.
3. Ownership and Intellectual Property Rights
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Proprietary Rights: All rights, title, and interest in and to the Software, including but not limited to content, graphics, user interface, scripts, and software used to implement the Software, are owned by Licensor or its licensors.
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No Rights Granted: Except for the limited license granted herein, nothing in this Agreement shall be construed as granting you any rights or licenses in or to any of Licensor's intellectual property.
4. Account Registration and Security
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Account Creation: To access certain features of the Software, you must create an account by providing accurate and complete information.
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Responsibility: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
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Unauthorized Access: You agree to notify us immediately of any unauthorized use of your account.
5. Subscription and Payment Terms
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Subscription Plans: We offer subscription tiers for different counties, with varying prices (e.g., Mecklenburg County and Guilford County may have different pricing).
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Payment Obligations: Subscription fees are due in full at the time of purchase and are non-refundable unless otherwise stated.
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Trial Period: A trial period may be offered at our discretion but is not guaranteed.
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Billing Issues: For any billing inquiries or disputes, contact us at billing@nctaxforeclosures.com. All disputes will be handled on a case-by-case basis.
6. Termination
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Termination by Licensor: We reserve the right to terminate or suspend your license to use the Software at any time, without notice, for conduct that we believe violates this Agreement or is harmful to other users, us, or third parties.
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Effect of Termination: Upon termination, you must cease all use of the Software and destroy any copies in your possession.
7. Disclaimer of Warranties
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"As Is" Basis: The Software is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.
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No Warranties: Licensor disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
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No Guarantee: Licensor does not guarantee the accuracy, completeness, or usefulness of any information provided through the Software.
8. Limitation of Liability
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Exclusion of Damages: In no event shall Licensor be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses arising out of or related to your use or inability to use the Software.
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Liability Cap: Licensor's total liability to you for all claims arising out of or relating to this Agreement shall not exceed the amount you have paid to Licensor in the last twelve (12) months, if any.
9. Indemnification
Your Responsibility: You agree to indemnify, defend, and hold harmless Licensor, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or connected with your use of the Software or violation of this Agreement.
10. Privacy and Data Collection
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Data Collection: We may collect certain information about your usage of the Software to improve functionality and user experience.
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Third-Party Tools: We use tracking tools like FullStory to monitor user interactions, which may change based on business needs.
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Data Security: While we strive to protect user data, we make no warranties regarding the security of such data.
11. Updates and Maintenance
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No Obligation: Licensor is not obligated to provide updates or maintenance for the Software.
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Automatic Updates: The Software may automatically download and install updates from time to time. These updates are designed to improve, enhance, and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules, or completely new versions.
12. Support Services
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Availability: Any support services provided are at Licensor's sole discretion.
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Contact: For support inquiries, please contact support@nctaxforeclosures.com.
13. Governing Law and Jurisdiction
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Applicable Law: This Agreement is governed by the laws of the State of North Carolina, without regard to its conflict of law principles.
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Dispute Resolution: Any disputes arising from this Agreement shall be resolved exclusively in the state or federal courts located in North Carolina, and you consent to the jurisdiction of such courts.
14. Export Compliance
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Legal Compliance: You represent and warrant that you are not located in a country that is subject to U.S. government embargo or designated as a "terrorist supporting" country and that you are not listed on any U.S. government list of prohibited or restricted parties.
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Export Restrictions: You agree to comply with all applicable export and re-export control laws and regulations.
15. Entire Agreement and Severability
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Entire Agreement: This Agreement constitutes the entire agreement between you and Licensor regarding the Software and supersedes all prior agreements.
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Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Modifications to this Agreement
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Right to Modify: Licensor reserves the right to modify this Agreement at any time.
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Notification: Changes will be effective immediately upon posting the updated Agreement on the Software or Site. Your continued use of the Software after any such changes constitutes your acceptance of the new Agreement.
17. Assignment
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Restriction: You may not assign or transfer your rights or obligations under this Agreement without Licensor's prior written consent.
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Licensor's Rights: Licensor may assign this Agreement without restriction.
18. Force Majeure
No Liability: Licensor shall not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, war, acts of terrorism, riots, labor disputes, or governmental actions.
19. Waiver
No Waiver: The failure of Licensor to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
20. Contact Information
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Legal Inquiries: For any legal questions or concerns, please contact us at legal@nctaxforeclosures.com.
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Support and Billing: For support or billing-related issues, please contact support@nctaxforeclosures.com or billing@nctaxforeclosures.com.
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