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Flip-Start is a property locator and research tool for real estate investors in Pittsburgh and Allegheny County. Flip-Start
makes it easy for real estate investors to find the most up to date foreclosure listings in Allegheny County. Flip-Start is
updated multiple times every day, so it always has the most complete information regarding foreclosures, pre-foreclosures,
bank owned properties, investor owned properties, sheriff sales, tax liens, and home auctions. Flip-Start provides
successful real estate investors with the information that they need to make a profit investing in real estate, including
property value, location, and cash flow estimates. Flip-Start makes it easy for you to invest in foreclosed properties in
Pittsburgh and Allegheny County with accurate, up-to-date listings and cash flow estimates. Flip-Start gives you the
foreclosure listings and property information that you need for successful real estate investing in Pittsburgh and
Allegheny County. Flip-Start currently serves the communities of Baldwin, Bellevue, Bethel Park, Braddock Hills,
Brentwood, Castle Shannon, Clairton, Duquesne, Pittsburgh, Dormont, Dravosburg, East Pittsburgh, Edgewood, Elizabeth,
Elizabeth, Findley, Forest Hills, Fox Chapel, Homestead, Jefferson Hills, Marshall, McDonald, Monroeville, Moon,
Mount Lebanon, Munhall, North Fayette, O'Hara, Oakdale, Pine, Pleasant Hills, Plum, Reserve, Ross, Sewickley, South
Fayette, South Park, Upper St. Clair, West Deer, West Elizabeth, West Homestead, West View, Whitaker, White Oak, and
Whitehall.
Effective December 04, 2008
Flip-Start
support@flip-start.com
By using this web site, you become a "User." Flip-Start ("Flip-Start"), through this web site, offers services to you, the
User, conditioned on your agreement to adhere to the following Terms of Use without modification by you of any kind.
User's use of this web site and/or the User's request for goods and/or services through this web site constitutes User's
acceptance of these Terms of Use. These Terms of Use are subject to change by the web site owner, in its sole discretion,
at any time, without prior notice. Use of the web site is subject to the most current version of the Terms of Use posted
on the web site at the time of use.
Based upon the User's agreement to adhere to these Terms of Use, and/or use of this web site, Flip-Start grants and
conveys to the User, during usage of the web site, during the term of any free trial membership, during the term of any
paid membership and/or at any time following the date the User becomes a registered user, a non-exclusive,
non-transferable license to use the data, information and services provided through the web site subject to the License
Restrictions detailed below.
License Restrictions
User represents, warrants, affirms and agrees that the data, information and services provided by/through this web site
to User will only be used by User exclusively for User's own personal use and that User will not permit or allow the data,
information and services to be used by an agent, representative, consultant, officer, director, shareholder, parent
organization, subsidiary organization, third party or any other person or entity. User further represents, warrants,
affirms and agrees that User will not transfer, sell, convey, use, resell or sublicense any data, information or services
provided by/through this web site to User in any medium, form, manner or format whatsoever, for any purpose including,
but not limited to the following:
- Use other than User's own personal use, i.e. no commercial purpose or use is permitted;
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Reproduction, reformatting, publication, distribution or dissemination associated with any service or product
provided or made available to any third party;
- Marketing or telemarketing uses;
- World Wide Web, Internet or online uses;
- Real estate valuation models, programs or systems;
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Inclusion or in combination with any other software, data, database, information service or product of any kind;
- Extracting, selecting or drawing out any data element for any use;
- Real estate appraisal;
- Credit evaluation and/or supporting;
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Evaluating risk or marketing/sale of insurance products of any kind, including but not limited to life, health,
long-term care, disability, casualty, umbrella, mortgage, title or property;
- Debt collection; and/or
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Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate
title/lien history.
Proprietary Rights
User represents, warrants, affirms and agrees that the data, information, services and Flip-Start name are proprietary
information and property of Flip-Start, its suppliers and/or affiliates and are protected by copyright, trademark, trade
name and other proprietary rights. User's usage of this web site, even as a member, only allows limited use of the data,
information and services subject to the express limitations and restrictions provided for in these Terms of Use.
Consequences of Non-Compliance with Terms of Use
At any time that Flip-Start believes, in its sole discretion, that the User has violated any term, condition, restriction,
permitted use or limitation provided in these Terms of Use, User's use may be immediately terminated, including any User
membership, and User agrees that User's sole remedy for such termination of User's membership shall be to receive a
pro-rata refund of the membership fee paid by User for the remaining days of the then current term of prepaid fees.
Nothing stated herein shall limit Flip-Start's right to pursue all claims and causes of action it may have against the
User for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney's fees
and court costs.
Term Period of User Access
The term of User's access is based upon User's express agreement and adherence to these Terms of Use and to User's fully
paid membership fees associated with members when applicable. All paid membership shall be for the agreed upon term
(e.g. monthly, quarterly, semi-annually or annually) and shall automatically renew for indefinite successive renewal
terms for the same period as the initial term unless terminated by User or Flip-Start. However, if the User accepts a
special introductory promotional offer for a membership or a multi-month discounted membership, then at the conclusion of
the specific initial term of the special introductory promotional offer term or multi-month discounted membership, the
membership shall automatically renew on and User agrees and authorizes Flip-Start to charge User's credit card or bank
account on a pre-paid basis for a month-to-month basis for indefinite successive month-to-month renewal terms at the
then prevailing regular published monthly retail rate at time of renewal until terminated in accordance with the
provisions of these Terms of Use. User agrees that there is NO refund, offset or credit that will be given for any
cancellation of a special introductory promotional offer membership or a multi-month discounted membership. The User
agrees and authorizes Flip-Start to process a charge to the User's credit card or checking account provided by User
during User's registration or User information update process to prepay User's membership.
Termination
Flip-Start reserves the right to cancel services provided to any User at any time, in Flip-Start's sole discretion. The
User may cancel the User's usage or membership at any time. All fees due to Flip-Start up to the end of the then current
term billing cycle at time of termination shall remain payable to Flip-Start unless otherwise specifically provided to
the User in a related specific promotional offer.
The User may terminate the membership contract by one of five ways:
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Online using the "My Account" section of the web site, accessible to the User who
has a membership upon login.
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By e-mailing a cancellation request to support@flip-start.com at least five (5) days prior to the desired
cancellation date.
Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this Agreement, Term of Use
and/or any User's use, membership or subscription to this web site.
User Services
Flip-Start allows Users to submit requests for service to independent third-party real estate and other related
goods/services providers. User hereby agrees to supply Flip-Start with accurate information about User, the
goods/services User is interested in and/or the property User wants to sell or hopes to buy. As Flip-Start uses e-mail
and telephones to provide Flip-Start goods/services, all Flip-Start User hereby consents to receive e-mails and telephone
calls from Flip-Start to qualify for and participate in Flip-Start goods/services. By your use of this web site, User
consents to receive e-mails and telephone calls from third party affiliates, as Flip-Start User's submitted service
requests to and/or through Flip-Start may require services from these third parties.
User affirms that all of the information User provides to Flip-Start, whether online or otherwise, is accurate and
complete. User hereby agrees to update Flip-Start with User's current and accurate information, if at any time the
information User provided to Flip-Start changes. Flip-Start reserves its right to terminate or suspend access to
Flip-Start goods/services to any User whose information Flip-Start believes, at Flip-Start's sole discretion, to be
inaccurate or misleading.
Flip-Start may refer Professional Service Providers, mortgage lending, or other related "services" to Users, but
Flip-Start does not engage in real estate broker services. Real Estate brokerage activities are performed by local
Professional Service Providers, mortgage lenders, or other related "service provider" that have been referred to Users
by Flip-Start. The terms of any agreement between a Professional Service Provider and/or mortgage lending institution and
Flip-Start are not endorsed, recommended or otherwise known to or by Flip-Start.
For its goods/services and referrals, Flip-Start may receive payment from Service Providers. Your use of this web site
and your use of Flip-Start services constitutes User's acknowledgment of and agreement to this compensation arrangement.
Flip-Start may from time to time offer eligible Users promotional opportunities. Not all Users may be eligible to receive
all promotional opportunities.
Real Estate Broker/Agent Services
The Flip-Start Agent Network is a service provided to some Flip-Start Users that allows potential home sellers and
homebuyers to request help from real estate brokers/agents. When you seek the services through the Flip-Start Agent
Network, you must provide information relevant to the real estate transaction. This information is forwarded to
selected local brokers/agents ("Professional Service Provider") who have registered with Flip-Start to receive such
information. All such brokers/agents are independent third parties to Flip-Start. Flip-Start makes no representation
or warranty as to the quality or qualification of any Professional Service Provider referred to User. It is the User's
responsibility, and Flip-Start encourages this for all Users, to independently investigate the qualifications of each
Professional Service Provider prior to entering any agreement. Flip-Start is not a party to, and has no knowledge of
specific terms of, any agreement between any Professional Service Provider and the User. To use this service, User
hereby consents to receive e-mails and telephone calls from Flip-Start and from Professional Service Provider referred
to User by Flip-Start.
Property Posting Services
Some Users, based upon special relationships with Flip-Start, may post properties for sale on this web site to market
those properties to other Flip-Start Users. User affirms that all of the information and content User provides to
Flip-Start, whether online or otherwise, is accurate and complete. User also agrees to update Flip-Start with current and
accurate information, if at any time the information User provided to Flip-Start changes. Flip-Start reserves its right
to terminate or suspend access to the Flip-Start property posting services to any User whose information Flip-Start
believes, at Flip-Start's sole discretion, to be inaccurate or misleading or otherwise objectionable.
User agrees to only provide content that User is authorized to provide by law or contractual agreement and that does not
violate any other agreement, contract with a third party or the property rights of a third party.
User further agrees not to provide any information or content to Flip-Start, whether online or otherwise, that is
unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable
in any other way.
Grant of License to Flip-Start
A User who posts a property or properties for sale on this web site grants to Flip-Start an unlimited, unrestricted and
royalty-free license to publish and display all, part or a modified version of the content provided by the User on any
Flip-Start controlled or sponsored web site and on all other Flip-Start controlled or sponsored publications and services.
Furthermore, a User who posts a property or properties for sale with/to Flip-Start, grants Flip-Start permission to make
analytic use of and to distribute, by e-mail or otherwise, all, part or a modified version of the content provided by the
User to all Flip-Start Users, partners and affiliates and to any media Flip-Start shall deem advisable in its sole
determination for marketing purposes.
Other Service Providers
From time to time Flip-Start may include on its web sites third-party service providers such as, but not limited to,
moving, magazine, coaching or a mortgage service provider. Flip-Start posts these services on its web sites as a service
to its Users. Flip-Start is not responsible for and makes no warranty or representation as to the quality or performance
of the services offered by or through these other service providers. It is the User's responsibility, and Flip-Start
encourages this for all Users, to independently investigate the qualifications of each service provider and to carefully
review each service provider offering prior to entering into any engagement.
Flip-Start is not responsible or liable for any acts or omissions created or performed by these other Service Providers.
Flip-Start's web sites may contain links to web sites maintained by third-party Service Providers. Such links are provided
for User convenience and reference only. Flip-Start does not operate or control, in any respect, any information,
software, products or services available on such web sites. Flip-Start's inclusion of a link to such web sites does not
imply any endorsement, warranty, guarantee or recommendation of these web sites, contents, products or services of the
sponsoring organization.
Third-Party Content and Screening
Flip-Start is a data aggregator of content supplied by third parties, Users and/or members and Professional Members and
as such does not have editorial control over the opinions, advice, statements, services, offers or other content provided,
expressed or implied by third parties, including other Users of Flip-Start. Flip-Start reserves the right, but is not
obligated, to screen and review any content provided to Flip-Start and remove or edit any content, if it does not comply
with laws, rules or regulations, or for any other reason Flip-Start deems relevant.
Modification of Flip-Start Services
Flip-Start reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of
any information, goods, content or product, with or without notice to any User. Flip-Start shall not be liable to any
User in the event that Flip-Start exercises its right to modify or discontinue any service.
PAYMENT OF CHARGES
A. Flip-Start primarily charges a monthly membership fee, but other term time periods are available. The membership
fee is calculated from the first day of the term (usually monthly, but can include three month, six month, yearly,
etc.) that the User's paid membership commences. The User authorizes Flip-Start to, and the User agrees that Flip-Start
may, charge to the User's credit card, debit card or bank account, in advance, the User's regular membership fee for
each agreed upon term of the User's selected membership term. The User authorizes Flip-Start to, and the User agrees
that Flip-Start may, modify and/or change the term membership fee charged to the User upon thirty (30) days notice
to the User sent by e-mail. The term membership fee, when paid, is non-refundable and accrues on the first day of
each term and/or successive renewal term until canceled, regardless of whether or not the User accesses or makes
any use of this web site or database. Notwithstanding the language in this paragraph, if the membership resulted
from a special introductory promotional offer, then the terms of that specific promotional offer shall control.
B. On Time Payment
The User is required to pay all charges on time and agrees to submit an accompanying payment authorization in
connection with these charges when requested by Flip-Start. Credit card transactions require an acceptable and
currently working/continuously valid credit card number/account. Flip-Start may terminate or disable the User's
participation in Flip-Start services if the User fails to pay fully and in a timely manner all amounts due to
Flip-Start. If the User's credit card expires or is otherwise declined for payment, access to Flip-Start services
and its web sites can be modified or suspended without notice to the User. If any User payment is more than thirty
(30) calendar days past due, interest pro-rated daily, at the rate of 15 percent per annum on the outstanding balance,
or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges and/or any
other outstanding balance (if any), plus this assessment, will become immediately due and payable. The User shall pay
all costs of collection, including legal fees, incurred by Flip-Start. The User is responsible for any premium charges
incurred in connection with the use of information, content, goods, products or services that are provided at an extra
cost. All fees are quoted and payable in United States Dollars. The User is also responsible for paying all applicable
taxes for information, content, goods, products or services and any other costs incurred in connection with the use
of or access to Flip-Start and its web sites.
C. Payment Methods
The User's complete billing address and telephone number must be provided to process payments. Flip-Start accepts major
credit cards including Visa, MasterCard and American Express and may accept bank drafts, including personal checks, money
orders, cashiers checks, and company checks. However, for non-credit card payment methods, Flip-Start may not credit the
applicable account until additional procedures are completed and after Flip-Start's bank certifies receipt of funds -
typically ten (10) business days. Flip-Start may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable
by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
D. Account Discrepancies
A User may contact the Flip-Start Customer Service Department by e-mail at support@flip-start.com concerning charges or
other questions regarding the status of the User's account.
DISCLAIMERS AND LIMITATIONS
Flip-Start Inc. does not guarantee the accuracy of the information contained in this web site and instructs you to
independently verify the accuracy of the information provided. Errors may occur as a result of human and/or mechanical
error in any phase of the preparation, filing, aggregating and/or transcribing of the public records from which Flip-Start
receives and ultimately presents the information on the Flip-Start web sites. In addition, Flip-Start may make changes
and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." FLIP-START, AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS,
PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY
KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE,
PRODUCT, GOOD AND SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE USER'S USE OF Flip-Start'S SERVICES, THE USER AGREES
AND ACKNOWLEDGES THAT THE USER'S USE OF ALL Flip-Start INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED
IN, BY OR THROUGH FLIP-START AND/OR ITS WEB SITES IS AT THE USER'S OWN RISK. FLIP-START AND/OR ITS SUPPLIERS AND
PROVIDERS, 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 THE USE OF FLIP-START'S SERVICES OR WITH THE DELAY OR INABILITY TO
USE ITS WEB SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEB SITES, OR
OTHERWISE ARISING OUT OF THE USE OF THE WEB SITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE USER KNOWS, SUSPECTS OR
HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF FLIP-START AND/OR ITS SUPPLIERS KNOW, SUSPECT OR HAVE
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO THE USER, IF THE USER RESIDES IN SUCH A JURISDICTION.
INDEMNITY
As a condition of use of Flip-Start web sites, the User agrees to indemnify Flip-Start and its suppliers, distributors,
participating Lenders, Professional Service Providers or other Service Providers from and against any and all
liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of
Flip-Start's services, including without limitation, any claims alleging facts that, if true, would constitute a breach
by User of this Agreement by the User.
DISPUTE RESOLUTION
The User agrees that any claim or controversy, arising out of or relating to the use of Flip-Start services, information,
content and data displayed on the Flip-Start web sites; the goods or services provided by Flip-Start, or to any acts or
omissions for which the User may contend Flip-Start is liable, including but not limited to any claim or controversy
("Dispute"), shall be finally, and exclusively, settled by arbitration in Allegheny County, Pennsylvania. 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 User shall select an arbitrator from a panel of arbitrators acceptable
to Flip-Start. In any arbitration, Flip-Start 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 Allegheny County, Pennsylvania. User and Flip-Start 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 THE USER AND Flip-Start WILL BE RESOLVED BY BINDING ARBITRATION IN ALLEGHENY COUNTY, PENNSYLVANIA. THE USER THUS GIVES
UP THE USER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE USER'S RIGHTS. THE USER ALSO GIVES UP THE USER'S RIGHT TO
PARTICIPATE IN OR BRING CLASS ACTIONS. THE USER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR
JURY. THE USER AND Flip-Start 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 ALLEGHENY COUNTY, PENNSYLVANIA.
OTHER TERMS
These Terms of Use shall be subject to and construed in accordance with the laws of the State of Pennsylvania, 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.
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