TERMS AND CONDITIONS OF USE



• THE PURPOSE OF THIS FIDELITY HOUSE BUYERS WEBSITE IS TO ALLOW YOU TO GAIN ACCESS TO ITS AFFILIATES, WHO ARE PARTICIPANTS IN A NETWORK OF INDEPENDENT REAL ESTATE PROFESSIONALS, BROKERS, POTENTIAL HOME BUYERS, INVESTORS AND OTHERS PROVIDING REAL ESTATE SERVICES THAT MAY INCLUDE FORECLOSURE ADVICE IN COMPLIANCE WITH LAWS IN YOUR AREA. DECISIONS, INCLUDING, WITHOUT LIMITATION, MATTERS CONCERNING THE FINANCING, FORECLOSURE AND/OR SALE OF REAL ESTATE, ARE SERIOUS MATTERS THAT SHOULD NOT BE TAKEN LIGHTLY. MATERIAL CONTAINED ON THIS WEBSITE IS OFFERED AS INFORMATION ONLY AND DOES NOT CONSTITUTE REAL ESTATE, FINANCIAL, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE.


• FIDELITY HOUSE BUYERS IS NOT CHARGING FEES OR GETTING COMPENSATED FOR ADVICE OR CONSULTATION RELATED TO FORECLOSURE, BY VISITORS OF THIS WEBSITE NOR AFFILIATES IN ANY COUNTIES


• PLEASE ALSO UNDERSTAND THAT, NOTWITHSTANDING ANY AND ALL ADVICE OR SERVICES THAT MAY BE RENDERED TO YOU BY OR AS A CONSEQUENCE OF YOUR USE OF THIS WEBSITE, IT IS POSSIBLE THAT YOU MAY STILL NOT BE ABLE TO AVOID FORECLOSURE OR THE LOSS OF YOUR PROPERTY.


• REAL ESTATE, FINANCING AND FORECLOSURE LAWS DIFFER FROM STATE TO STATE, AND THE LAWS CHANGE FREQUENTLY. FIDELITY HOUSE BUYERS MAKES NO CLAIMS OR GUARANTEES THAT ANY INFORMATION, COMMUNICATIONS, MARKETING, REFERRALS OR AFFILATES THAT ARE ORIGINATED FROM OR INCLUDED IN THIS WEBSITE ARE LEGAL OR AUTHORIZED WITHIN YOUR STATE. CHECK FOR UPDATES FREQUENTLY. FIDELITY HOUSE BUYERS MAKES NO GUARANTEES THAT INFORMATION ON THIS SITE MAY NOT BE OR BECOME ILLEGAL OR OF NO USE TO YOU. USE THIS SITE AT YOUR OWN RISK AND ALWAYS CONSULT WITH A COMPETENT ATTORNEY WHEN DEALING WITH ANY LEGAL OR FINANCIAL ISSUES.


• FIDELITY HOUSE BUYERS IS NOT A PROFESSIONAL ADVISOR OR PROVIDER OF REAL ESTATE SERVICES INCLUDING, WITHOUT LIMITATION, FORECLOSURE PREVENTION, NOR DOES FIDELITY HOUSE BUYERS GUARANTEE THE RESULTS OR CONSEQUENCES OF ANY RELATIONSHIP OR ADVICE THAT YOU MAY HAVE WITH OR RECEIVE FROM ITS AFFILIATES OR OTHER THIRD PARTIES. ADDITIONALLY, FIDELITY HOUSE BUYERS DOES NOT PROVIDE ADVICE OR MAKE REFERRALS CONCERNING LEGAL, TAXATION, BANKRUPTCY, OR ANY OTHER SUCH ADVICE.


• IN ORDER TO GAIN ACCESS TO THIS NETWORK OF AFFILIATES, YOU MUST FIRST SUBMIT YOUR NAME, ADDRESS, TELEPHONE NUMBER (OPTIONAL), AND E-MAIL ADDRESS, WHICH MAY BE USED BY FIDELITY HOUSE BUYERS TO MAKE REFERRALS TO FIDELITY HOUSE BUYERS’ AFFILIATES WITHIN YOUR LOCALITY. YOU AGREE TO PROVIDE THIS INFORMATION. YOU AGREE THAT YOU WILL PROVIDE ONLY ACCURATE AND COMPLETE INFORMATION TO FIDELITY HOUSE BUYERS AND TO ITS AFFILIATES.


ONCE YOU HAVE BEEN CONTACTED BY ONE OF THE AFFILIATES REFERRED BY FIDELITY HOUSE BUYERS, ANY AGREEMENT YOU ENTER INTO WITH SUCH AFFILIATES WILL BE BETWEEN YOU AND SUCH AFFILIATES, AND DOES NOT INVOLVE OR INCLUDE THE FIDELITY HOUSE BUYERS IN ANY WAY. FIDELITY HOUSE BUYERS DOES NOT WARRANT OR REPRESENT THAT ANY OF ITS AFFILIATES ARE LICENSED AS PROFESSIONALS WHERE SUCH MAY BE REQURIED IN THEIR LOCALITY, AND YOU MUST MAKE THAT DETERMINATION YOURSELF; NOR DOES FIDELITY HOUSE BUYERS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE EXPERIENCE OF AN AFFILIATE WITH WHOM YOU DEAL. YOU MUST MAKE THAT DETERMIATION YOURSELF.


• YOU AGREE THAT YOU HAVE EVALUATED AND ARE CAPABLE OF UNDERSTANDING AND BEARING ALL RISKS ASSOCIATED WITH YOUR DEALINGS WITH ANY AFFILIATE THAT IS LINKED TO, INCLUDED IN OR REFERRED TO YOU BY THIS WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR DECISION TO DEAL WITH ANY OF FIDELITY HOUSE BUYERS’S AFFILIATES IS AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR THE OUTCOME OF SUCH DEALINGS. IN NO EVENT SHALL FIDELITY HOUSE BUYERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WITH RESPECT TO, ARISING OUT OF OR RELATING TO ANY OF YOUR DEALINGS WITH ANY SUCH AFFILIATE OR WITH ANY OTHER THIRD PARTY. YOU ARE ADVISED TO CONTACT YOUR OWN PROFESSIONAL LEGAL AND/OR TAX ADVISORS CONCERNING ANY ADVICE YOU MAY RECEIVE FROM AN AFFILIATE OR RESULTING IN ANY WAY FROM YOUR USE OF THIS WEBSITE.


• USE OF THIS WEBSITE IS PROVIDED BY FIDELITY HOUSE BUYERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIDELITY HOUSE BUYERS DOES NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIDELITY HOUSE BUYERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.


• YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD FIDELITY HOUSE BUYERS AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, MEMBERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, HARMLESS FROM ANY AND ALL LOSSES, LIABILITIES, COSTS, EXPENSES AND CLAIMS ARISING FROM (A) YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE RESULTS AND CONSEQUENCES OF ANY AND ALL ADVICE, SERVICES AND ACTIONS RENDERED TO YOU OR ON YOUR BEHALF, BY OR THROUGH ANYONE, INLCUDING, WITHOUT LIMITATION, FIDELITY HOUSE BUYERS AFFILIATES, (B) ANY BREACH OR DEFAULT IN OBLIGATION TO BE PERFORMED BY OR THROUGH ANYONE, INCLUDING, WITHOUT LIMITATION, AFFILIATES REFERRED TO YOU THROUGH THIS WEBSITE, AND (C) ANY ACT, NEGLECT, FAULT OR OMISSION RESULTING FROM ANY AND ALL ADVICE AND SERVICES RENDERED TO YOU BY OR THROUGH ANYONE, INLCUDING, WITHOUT LIMITATION, AFFILIATES REFERRED TO YOU BY OR THROUGH THIS WEBSITE, AND INLCUDING, WITHOUT LIMITATION, ALL REASONABLE COSTS, REASONABLE ATTORNEY'S FEES AND EXPENSES AND LIABILITIES INCURRED BY FIDELITY HOUSE BUYERS RESULTING FROM OR RELATED TO ANY AND ALL CLAIMS, ACTION OR PROCEEDING BROUGHT THEREON. IN THE EVENT ANY ACTION OR PROCEEDING SHALL BE BROUGHT AGAINST FIDELITY HOUSE BUYERS OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS AND/OR REPRESENTATIVES BY REASON OF ANY SUCH CLAIM AFOREMENTIONED, YOU, UPON NOTICE FROM FIDELITY HOUSE BUYERS, SHALL DEFEND THE SAME AT YOUR EXPENSE BY COUNSEL APPROVED IN WRITING BY FIDELITY HOUSE BUYERS.. NOTWITHSTANDING THE FOREGOING, FIDELITY HOUSE BUYERS, AT ITS OPTION, MAY ELECT TO RETAIN ITS OWN LEGAL COUNSEL, IN WHICH EVENT YOU AGREE TO REIMBURSE FIDELITY HOUSE BUYERS FOR ALL NECESSARY AND REASONABLE LEGAL FEES AND EXPENSES THEREFORE, PROMPTLY UPON DEMAND AS SUCH EXPENSES ARE INCURRED. YOU, AS A MATERIAL PART OF THE CONSIDERATION TO FIDELITY HOUSE BUYERS, HEREBY ASSUME ALL RISKS OF AND WAIVE ALL CLAIMS AGAINST FIDELITY HOUSE BUYERS WITH RESPECT TO DAMAGE, FROM ANY CAUSE WHATSOEVER, EXCEPT THAT WHICH IS CAUSED BY FIDELITY HOUSE BUYERS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.


• ANY DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THIS WEBSITE OR AS A CONSQUENCE THEREOF SHALL FIRST BE SUBMITTED TO CONFIDENTIAL MEDIATION AS HEREAFTER PROVIDED, AND IF UNRESOLVED, BY CONFIDENTIAL BINDING ARBITRATION IN SAN DIEGO, CALIFORNIA. AS A CONDITION PRECEDENT TO PROCEEDING TO BINDING ARBITRATION AS HEREIN PROVIDED, THE PARTIES AGREE TO FIRST SUBMIT THEIR DISPUTE TO MEDIATION. MEDIATION SHALL BE CONDUCTED BY A MUTUALLY AGREED UPON NEUTRAL THIRD PARTY MEDIATOR WHO SHALL BE AN ATTORNEY WITH AT LEAST TEN YEARS OF PRACTICE IN THE SUBJECT JURISDICTION. THE MEDIATION SHALL TAKE PLACE IN THE STATE AND COUNTY WHERE YOU RESIDE AND MUST BE COMPLETED WITHIN 60 DAYS AFTER THE DATE ANY PARTY MAKES HIS OR HERS FIRST WRITTEN DEMAND FOR MEDIATION. ONLY AFTER COMPLETION OF MEDIATION, THEN UPON DEMAND BY ANY PARTY TO THE DISPUTE, BINDING ARBITRATION PURSUANT SHALL BE CONDUCTED IN SAN DIEGO, CALIFORNIA, UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATOR SHALL BE ENTITLED TO GRANT EQUITABLE RELIEF, SHALL BE BOUND TO FOLLOW THE LAWS OF THE APPLICABLE STATE AND FEDERAL GOVERNMENT AS THEY MAY APPLY TO THE DISPUTE, AND SHALL PROVIDE THE PARTIES WITH A WRITTEN DECISION. BY CLICKING ON THE BUTTON AGREEING TO THE TERMS OF USE HEREIN, YOU AND FIDELITY HOUSE BUYERS ARE EACH AGREEING TO HAVE DISPUTES DECIDED BY NEUTRAL ARBITRATION, AND EACH OF YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE ANY DISPUTE LITIGATED IN A COURT OR JURY TRIAL.


• NOTWITHSTANDNING THE FORGOING, TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE FIDELITY HOUSE BUYERS'S INTELLECTUAL PROPERTY RIGHTS, FIDELITY HOUSE BUYERS MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT, AND YOU HEREBY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS.


• BY VISITING FIDELITY HOUSE BUYERS WEBSITE, YOU ARE SUBJECT TO AND ACCEPT THESE TERMS AND CONDITIONS OF USE, WHICH MAY BE UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU MUST REVIEW ANY UPDATES POSTED FROM TIME TO TIME AT THIS WEBSITE. ALSO, YOU MUST REVIEW OUR PRIVACY POLICY, WHICH ALSO GOVERNS YOUR VISIT TO FIDELITY HOUSE BUYERS, TO FULLY UNDERSTAND OUR PRACTICES. COLLECTIVELY, THESE “TERMS AND CONDITIONS OF USE” AND “PRIVACY POLICY” CONSTITUTE THE ENTIRE "AGREEMENT" BETWEEN YOU AND FIDELITY HOUSE BUYERS REGARDING YOUR USE OF THIS WEBSITE.


• FIDELITY HOUSE BUYERS WEBSITE IS NOT A GOVERNMENT WEBSITE AND IT IS NOT AFFILIATED WITH ANY GOVERNMENTAL AGENCY. THE SOLE PURPOSE OF THIS WEBSITE IS TO REFER YOU TO REAL ESTATE PROFESSIONALS IN YOUR AREA. FIDELITY HOUSE BUYERS CANNOT AND IS NOT MAKING ANY CLAIMS CONCERNING THE QUALIFICATIONS, COMPETENCY, BACKGROUND, HONESTY, INTEGRITY OR EXPERIENCE OF ANY AFFILIATES REFERRED BY OR THROUGH THIS WEBSITE.


• NEITHER FIDELITY HOUSE BUYERS, ITS PARENT COMPANY, NOR ANY OF THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, MEMBERS, EMPLOYEES, AGENTS AND/OR REPRESENTATIVES ARE AUTHORIZED TO ENGAGE IN OR ARE ENGAGED IN RENDERING LEGAL, ACCOUNTING, TAXATION, SECURITIES, COLLECTION OR REAL ESTATE SERVICES OR ADVICE OR ASSISTANCE. NOTHING ON THIS WEBSITE SHALL BE CONSIDERED TO BE A SOLICITATION TO DO BUSINESS OR TO ENGAGE IN ANY ACTIVITY REQUIRING A PERMIT OR LICENSE TO ISSUE SECURITIES OR TO RENDER REAL ESATE OR OTHER PROFESSIONAL ADVICE REQUIRING LICENSING OR OTHER AUTHORIZATION IN ANY STATE.


• NOTHING CONTAINED ON THIS WEBSITE SHALL BE CONSIDERED AS OR DEEMED TO BE AN OFFER TO PURCHASE REAL PROPERTY; TO PURCHASE SECURITIES, TO STOP OR POSTPONE A FORECLOSURE SALE; TO OBTAIN ANY FORBEARANCE FROM ANY BENEFICIARY OR MORTGAGEE; TO ASSIST ANY OWNER TO EXERCISE ANY RIGHT OF REINSTATEMENT; TO OBTAIN ANY EXTENSION OF ANY PERIOD WITHIN WHICH AN OWNER MIGHT LEGALLY REINSTATE HIS OR HER OBLIGATION; TO OBTAIN ANY WAIVER OF AN ACCELERATION CLAUSE CONTAINED IN ANY PROMISSORY NOTE OR CONTRACT SECURED BY A DEED OF TRUST OR MORTGAGE ON A RESIDENCE IN FORECLOSURE OR CONTAINED IN ANY SUCH DEED OF TRUST OR MORTGAGE; TO ASSIST A HOMEOWNER TO OBTAIN A LOAN OR ADVANCE OF FUNDS; TO AVOID OR AMELIORATE THE IMPAIRMENT OF AN OWNER'S CREDIT RESULTING FROM THE RECORDING OF A NOTICE OF DEFAULT OR THE CONDUCT OF A FORECLOSURE SALE OR TO SAVE AN OWNER'S RESIDENCE FROM FORECLOSURE. ANY PERSON WHO USES OR REFERS TO THE INFORMATION, PRODUCTS OR SERVICES REFERRED TO HEREIN EXPRESSLY ACKNOWLEDGES AND AGREES THAT SAID USE IS SUBJECT TO AND IN COMPLIANCE WITH THE FOREGOING DISCLAIMER.


• DO NOT PAY ANY MONEY TO ANYONE, INCLUDING AFFILIATES LISTED ON THIS WEBSITE, BEFORE YOU RECEIVE THE COMPLETE SERVICE OR DESIRED OUTCOME.


• WHILE IT IS THE INTENTION OF THIS SITE TO PROVIDE ACCURATE INFORMATION, USE OF THIS WEBSITE BY THE USER IS AN ACKNOWLEDGEMENT THAT THE CONTENT CONTAINED HEREIN MAY NOT BE ACCURATE WITH RESPECT TO EVERY FORECLOSURE LAW IN EVERY STATE, AND THE USER SHOULD NOT RELY ON THE INFORMATION POSTED ON THIS WEBSITE AS FACT WITHOUT CONFIRMING THESE LAWS WITH YOUR PARTICULAR STATE GOVERNMENT WEBSITE.


• THERE ARE FEDERAL, STATE, AND PRIVATE NONPROFIT AGENCIES THAT YOU MAY CONTACT FOR HELPFUL INFORMATION ABOUT THE FORECLOSURE PROCESS. FOR INSTANCE, YOU CAN CONTACT YOUR LENDER DIRECTLY OR YOU MAY CALL THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT APPROVED HOUSING COUNSELING TO FIND A HOUSING COUNSELING AGENCY CERTIFIED BY THE DEPARTMENT WHO ASSISTS IN AVOIDING FORECLOSURE OR VISIT THE DEPARTMENT'S TIPS FOR AVOIDING FORECLOSURE WEBSITE AT HTTP://WWW.HUD.GOV/FORECLOSURE FOR ADDITIONAL ASSISTANCE.


THESE TERMS AND CONDITIONS OF USE, READ TOGETHER WITH THE PRIVACY POLICY BELOW, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN FIDELITY HOUSE BUYERS AND YOU. THE AGREEMENT SHALL BE CONSTRUED AND GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA UNLESS OTHERWISE REQUREID BY LAW.


BY USING THIS WEBSITE AND AGREEING TO THESE TERMS OF USE, BY CHECKING THE BOX, YOU ALSO ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO HAVE THE TERMS AND CONDITIONS OF USE AGREEMENT AND PRIVACY POLICY REVIEWED BY YOUR OWN LEGAL COUNSEL.