Terms Of Use !

By subscribing to Cheaphires, you become a "Member" of Cheaphires, Cheaphires offers services to you, the Member, conditioned on your agreement to adhere to the following Terms of Use without modification of any kind.

Member's agreement with Cheaphires and/or use of Cheaphires' services constitutes Member's acceptance to these Terms of Use. These Terms of Use are subject to change by Cheaphires, in its sole discretion, at any time, without prior notice.

Based upon the Member's agreement to adhere to these Terms of Use, Cheaphires grants and conveys to the Member, during the term of Member's free trial, Membership and/or paid Membership, a non-exclusive, non-transferable license to use the data, information and services provided through the Cheaphires website subject to the License Restrictions detailed below.

License Restrictions

Member represents, warrants, affirms and agrees that the data, information and services provided by Cheaphires to Member will only be used by Member and that Member will not permit or allow the data, information and services to be used by a consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity. Member further represents, warrants, affirms and agrees that Member will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by Cheaphires to Member in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:

  1. Use other than Member's own personal use, i.e. no commercial purpose or use is permitted;
  2. Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
  3. Marketing or telemarketing uses;
  4. World Wide Web, Internet or online uses;
  5. Real estate valuation models, programs or systems;
  6. Inclusion or in combination with any other service or product of any kind;
  7. Extracting, selecting or drawing out any data element for any use;
  8. Real estate appraisal;
  9. Credit evaluation and/or supporting;
  10. 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;
  11. Debt collection; and/or
  12. 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
Member represents, warrants, affirms and agrees that the data, information, services and name Cheaphires are proprietary information and property of Cheaphires, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Member's membership only allows Member to use 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 Cheaphires believes, in its sole discretion, that the Member has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, Cheaphires may immediately terminate the Member's membership and Member agrees that Member's sole remedy for such termination of Member's membership shall be to receive a pro-rata refund of the membership fee paid by Member for the remaining days of the then current term of prepaid fees. Nothing stated herein shall limit Cheaphires' right to pursue all claims and causes of action it may have against the Member for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney's fees and court costs. If Cheaphires determines your organization has misrepresented itself to gain membership suited for a different qualification of company in order to take advantage of pricing we may at anytime notify you of the need to upgrade and will allow Member to make the appropriate adjustment within 72 hours of notification, if said adjustment is not made by Member, Cheaphires will automatically make the appropriate adjustments to your membership

Terms of Membership
The term of Member's membership is based upon a monthly subscription and shall automatically renew for indefinite successive renewal terms for the same period as the initial term unless terminated by Member or Cheaphires. However, if the Member accepts a special introductory promotional offer for a membership, then at the conclusion of the specific initial term of the special introductory promotional offer term, the membership shall automatically renew on a month-to-month basis for indefinite successive renewal terms at the then prevailing regular published monthly rate at time of renewal until terminated in accordance with the provisions of these Terms of Use. If Member registers for a free trial, the initial term begins at the end of the free trial period, unless the Member cancels within the free trial period.

Termination Cheaphires reserves the right to cancel services to any Member at any time. The Member may cancel the Member's subscriptions at any time. All fees due to Cheaphires up to the end of the then current term billing cycle at time of termination shall remain payable to Cheaphires unless otherwise specifically provided otherwise to the Member in a related specific promotional offer.

The Member may terminate the membership contract by one of two ways:

  1. Online using the "Profile" feature in the My Cheaphires section of the site, accessible to the Member upon login.
  2. By e-mailing a cancellation request to cancellation@cheaphires.com at least five (5) days prior to your next billing date.

Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Member's Membership.

Cheaphires makes no representation or warranty as to the quality or qualification of any Candidate referred to Member. It is the Member's responsibility, and Cheaphires encourages this for all Members, to independently investigate the qualifications of each Candidate prior to entering any agreement. Cheaphires is not a party to, and has no knowledge of specific terms of, any agreement between any Candidate and the Member. To use this service, Member must consent to receive e-mails and telephone calls from Cheaphires.

Employment Posting Services
Members may post employment opportunities on Cheaphires to market those opportunities to potential Candidates. Member affirms that all of the information and content Member provides to Cheaphires, whether online or otherwise, is accurate and complete. Member also agrees to update Cheaphires with current and accurate information, if at any time the information Member provided to Cheaphires changes. Cheaphires reserves its right to terminate or suspend access to Cheaphires services to any Member whose information Cheaphires believes, at Cheaphires' sole discretion, to be inaccurate or misleading or otherwise objectionable.

Member agrees to only provide content that member 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.

Member further agrees not to provide any information or content to Cheaphires, whether online or otherwise, that is unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable in any other way.

Third-Party Content and Screening
RealtyTrac is a data aggregator of content supplied by third parties and 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 Members of Cheaphires. Cheaphires reserves the right, but is not obligated, to screen and review any content provided to Cheaphires and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason Cheaphires deems relevant.

Payment of Charges
A. Cheaphires primarily charges a monthly membership fee but other term time periods may be made available. The membership fee is calculated from the day of the term that the Member's paid membership commences. The Member agrees that if the Member applies for the seven (7) day free trial membership, if offered and does not cancel trial membership, the Member authorizes Cheaphires to convert the Member's trial membership into a regular membership for the term they selected effective on the seventh (7th) day, or 168 hours following the Member's initiation of the seven (7) day trial membership if offered. The Member authorizes Cheaphires to, and the Member agrees that Cheaphires may, charge to the Member's credit card or debit card , in advance, the Member's regular membership fee for each agreed upon term of the Member's selected membership term. The Member authorizes Cheaphires to, and the Member agrees that Cheaphires may, modify and/or change the term membership fee charged to the Member upon thirty (30) days notice to the Member 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 Member accesses the 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 Member is required to pay all charges on time and agree to submit an accompanying payment authorization in connection with these charges when requested by Cheaphires. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. Cheaphires may terminate or disable the Member's participation in Cheaphires services if the Member fails to pay fully and in a timely manner all amounts due to Cheaphires. If the Member's credit card expires or is otherwise declined for payment, access to Cheaphires services and websites can be modified or suspended without notice to the Member. The Member shall pay all costs of collection, including legal fees, incurred by Cheaphires. The Member 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 Member 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 and its Cheaphires websites.

C. Payment Methods The Member's complete billing address and telephone number must be provided to process payments. Cheaphires accepts major credit cards including Visa, MasterCard, American Express and Discover.

D. Account Discrepancies A Member may contact Customer Service by e-mail at customerservice@cheaphires.com concerning charges or other questions regarding the status of the Member Account.

Disclaimers and Limitations

Cheaphires attempts to ensure that the information contained in its websites is accurate and reliable; however, errors sometimes occur. Cheaphires does not guarantee the accuracy of the information contained in this site and instructs you to independently verify the accuracy of the information provided. In addition, Cheaphires may make changes and improvements to the information provided herein at any time. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS." CHEAPHIRES, 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 WEBSITES 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 MEMBER'S USE OF REALTYTRAC'S SERVICES, THE MEMBER AGREES AND ACKNOWLEDGES THAT THE MEMBER'S USE OF ALL REALTYTRAC INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH CHEAPHIRES AND/OR ITS WEBSITES IS AT THE MEMBER'S OWN RISK. REALTYTRAC 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 CHEAPHIRES' SERVICES OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE MEMBER, IF THE MEMBER RESIDES IN SUCH A JURISDICTION.

Indemnity

As a condition of use of Cheaphires websites, the Member agrees to indemnify Cheaphires and its suppliers, distributors, or other Service Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Member's use of Cheaphires' services, including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of this Agreement by the Member.

Dispute Resolution


The Member agrees that any claim or controversy, arising out of or relating to the use of services, Cheaphires' to the goods or services provided by Cheaphires, or to any acts or omissions for which the Member may contend Cheaphires is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Somerset County, New Jersey. 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 Member shall select an arbitrator from a panel of arbitrators acceptable to Cheaphires. In any arbitration, Cheaphires 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 Somerset County, New Jersey. Member and Cheaphires 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 MEMBER AND CHEAPHIRES WILL BE RESOLVED BY BINDING ARBITRATION IN SOMERSET COUNTY, NEW JERSEY. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE MEMBER'S RIGHTS. THE MEMBER ALSO GIVES UP THE MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE MEMBER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER AND CHEAPHIRES 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 SOMERSET COUNTY, NEW JERSEY.

Other Terms

These Terms of Use shall be subject to and construed in accordance with the laws of the State of New Jersey, 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.

Due to the fact that CheapHires has Members/Cardmembers make recurring charges automatically unless the service/member account is canceled we must:

Obtain the cardmember's consent for you to bill his or her card account before submitting the first Recurring Billing charge, and notify cardmembers that they can withdraw such consent at any time. The method you use to secure such consent must contain a disclosure that you may receive updated card account information from the financial institution issuing the customers' cards. you must retain evidence of such consent for 24 months from the date you submit the last Recruring billing charge.