Last Updated April 29, 2013

Terms & Conditions

RENAV Services Group, LLC ("RENAV," "we", or "us")
PO Box 2115
Littleton, CO 80161
Tel: 303-731-3334
Fax:
support@renav.com

Site Visitors

By accessing RENAV.com ("Site"), you became a "Site Visitor". The following Terms & Conditions apply to all Site Visitors.

  1. RENAV assumes no liability whatsoever associated with the use or misuse of data provided on RENAV. Although every reasonable effort has been made to ensure the accuracy of the information provided, RENAV cannot be held responsible for any consequences resulting from any omissions or errors contained herein.

  2. RENAV cannot be held responsible or liable for any losses or damages due to delays of data. RENAV provides data as quickly as possible after the Public Trustees make the new NEDs public and after the public auctions. There may be slight delays between when these records are filed by the Public Trustee and when they are included in your lists. For example, an NED may be filed in Arapahoe County on a Thursday but the record is not included in our list until Friday morning. Or a sale may happen in Summit County on Friday but the results are not included in our list until the next Tuesday. In addition, there may be some other delays due to Public Trustee policies, weather, Public Trustee software issues, availability of data, etc.

Registered Users

By registering with RENAV, you became a "Registered User" and are acknowledging that you accept these additional Terms & Conditions.

  1. It is your responsibility to maintain the confidentiality of that username and password, as you will be responsible for all activity transacted under that username and password through the Site. Upon become a Registered User, you self-select a username and password. If you believe your username or password has been compromised, you should change them immediately and contact Customer Service at support@renav.com.

  2. RENAV reserves its right to terminate or suspend access to the Services and the Content to any Registered User that exports an excessive number of records, or whose information RENAV believes, at RENAV's sole discretion, to be inaccurate or misleading.

Subscribers

By completing your purchase for a Trial, Basic, or Enhanced Subscription, you became a "Subscriber" and are acknowledging that you accept these additional Terms & Conditions.

  1. The Subscriber WILL NOT share his/her RENAV login credentials. Sharing login information with individuals working independently of the primary account holder is considered a breach of the Terms & Conditions. RENAV reserves the right to terminate any account and to retain the full subscription amount if such abuse is detected. Please contact us about multi-user pricing for your office and the ability for individual logins, if applicable.

  2. The Subscriber WILL NOT redistribute ANY data obtained from RENAV.com. RENAV reserves the right to terminate any account and to retain the full subscription amount if such abuse is detected. Please contact us to discuss licensing options, if applicable.

  3. If within the first three (3) days of the subscription start date ("Refund Period"), Subscriber is not satisfied for any reason, Subscriber may request a refund of the entire subscription fee by sending an email to support@renav.com requesting cancellation and a full refund. After the expiration of the Refund Period the subscription fee is non-refundable and accrues on the first day of each term or successive renewal term until canceled, regardless of whether or not the Subscriber actually uses the Site, the Services or the Content. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED AFTER THE EXPIRATION OF THE REFUND PERIOD. Any individual, household or business entity granted a refund under this provision will be prohibited from any future Trial or Paid Subscription to the Service at any time in the future.

  4. The Subscriber may add counties or presale bids to a subscription at any time.

  5. RENAV will accept one (1) request per billing cycle to drop or remove counties or presale bids from a subscription. Additional drop requests will take affect on the first day of the next billing cycle.

O&E Report Customers

By purchasing an O&E Credit, ordering or receiving an O&E Report, you became an "O&E Report Customer" and are acknowledging that you accept these additional Terms & Conditions.

  1. RENAV will return an O&E Credit if the O&E Report that was ordered with the O&E Credit was not delivered to the email address ("Username") associated with the Registered User's account within 24 business hours of being requested.

  2. Refunds for unused O&E Credits may be requested 30 days from the date that the O&E Credit was purchased.

  3. O&E Credits become non-refundable one year from the date of purchase.

  4. RENAV cannot be held responsible for consequences resulting from any omissions or errors contained in O&E Reports provided by First Integrity Title, LLC and assumes no liability whatsoever associated with the use or misuse of such O&E report.

Students

By registering for a class offered on our website, you became a "Student" and are acknowledging that you accept these additional Terms & Conditions.

  1. Students may request to be moved to a future scheduled class and such a request shall be granted if the request is received by RENAV via e-mail to support@renav.com, or by calling 303-731-3334 at least 4 business days prior to the scheduled class that the Student originally registered to attend. Moving to a future class is subject to space availability in that future class.

  2. RENAV will provide a refund for a paid class only if the Student notifies us and requests a refund via e-mail at support@renav.com, or by calling 303-731-3334 at least 4 business days before the class is scheduled to begin.

Redistributers

By obtaining a License to Redistribute Data, you became a "Redistributer" and are acknowledging that you accept these additional Terms & Conditions.

  1. A License to Redistribute Data from RENAV may also result in a delay in you receiving the weekly data, but by no more than 6 days after the data is sent to our exclusive use subscribers. This allows the paying subscribers a slight time advantage over those receiving the list for free as a result of re-distribution.

  2. IMPORTANT: With a License to Redistribute Data from RENAV, you are allowed to redistribute the data purchased under the license but you MAY NOT resell this data.

  3. Your license will allow you to redistribute the data purchased under the license to up to and including the total number of individuals defined in the license. An "Individual" in this case is defined as ONE person or legitimate entity. A legitimate entity is defined as a company or partnership in which the use of the data received directly or indirectly from RENAV benefits the entire entity. As an example, usage by a Realty Brokerage would be appropriate only if the leads generated were shared equally among all Realtors in the brokerage. If each Realtor were to use the list for to generate his/her own leads, each Realtor would be considered a separate "Individual". Similarly, partners working the Foreclosure List together and sharing the profits (and costs) resulting from its use are considered one legitimate entity or "Individual".

  4. Under this license, you are required on a quarterly basis to notify RENAV of actual license usage. Averaging within the prior quarter is allowed (e.g. with a license to redistribute to 80 individuals, you may redistribute to 70 individuals for one month, 90 individuals for another month, and 80 individuals for the third month, averaging 80 individuals per month for the quarter). Notification may be by e-mail, fax or phone in a format agreeable to the licensee (see RENAV.com/colorado-foreclosure-renav for contact information). Notification must be received within 5 business days of the quarterly license anniversary. Refunds will be granted if actual usage is below the license amount. Likewise additional payment will be required if actual usage is above the license amount.

  5. Neither those holding the License to Redistribute Data nor those receiving the redistributed data will have access to RENAV's Historical Database.

  6. If any customer is found to be in violation of this policy, including redistributing the data to more individuals than defined in the purchased license, their service will be immediately terminated and all subscription fees forfeited. We reserve the right to occasionally include test data in our weekly list to check for violations of this policy.

Other Terms & Conditions To Which You Are Agreeing

The additional Terms & Conditions apply to all Site Visitors.

  1. RENAV reserves the right to modify or to discontinue any and all services, information, goods, content, or products made available through the Site or any portion or attribute thereof, with or without notice to any Site Visitor. RENAV shall not be liable to any Site Visitor in the event that RENAV exercises its rights under this Section.

  2. The Terms & Conditions contained on this page are subject to change by RENAV, in its sole discretion, at any time, without prior notice to you. You should check these Terms & Conditions periodically for changes. Your continued access to or use of the Site or the Services after such changes have become effective constitutes your conclusive acceptance of the modified Terms & Conditions. If you choose not to accept these Terms & Conditions at any time, please do not use this Site.

  3. License and Copyright. The content of the Site is the exclusive property of RENAV, including without limitation, its "look and feel" (e.g., text, graphics, images, logos, and button icons), editorial content, data, information, notices, software (including HTML or XML-based computer programs) and other material (collectively, the "Content"), and is protected under both United States and foreign copyright, trademark, and other laws. The Content belongs or is licensed to RENAV. We hereby grant you the right to view and use the Site subject to these Terms & Conditions. You may download or print a copy of Content for internal use only. Permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.

  4. Limitations on Use. By using this Site you warrant to RENAV that you will not use this Site for any unlawful purpose or any use prohibited pursuant to these Terms & Conditions. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, including, but not limited to property information, software, products or services obtained from this Site.

  5. Intellectual Property. The Services and the Content are and shall remain the sole and exclusive property of RENAV. Site Visitor shall have only the limited rights with respect to the Services and the Content as expressly granted in these Terms & Conditions, and all rights not expressly granted herein are reserved by RENAV. Site Visitor acknowledges and agrees that only RENAV shall have the right to alter, maintain, enhance or otherwise modify the Services and the Content. Site Visitor shall not disassemble, decompile, manipulate or reverse engineer the Services or the Content, and shall take all necessary steps to prevent such disassembly, decompiling, manipulation or reverse engineering of the Services or the Content. Under no circumstances shall Site Visitor sell, license, publish, display, copy, distribute, or otherwise make available the Services or the Content in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in these Terms & Conditions. Site Visitor will take all reasonable steps to protect the security of the Services and the Content, and to prevent unauthorized use or disclosure thereof. Site Visitor is responsible for all access to and use of the Services and the Content by means of Site Visitor's equipment or under Site Visitor's user ID and password, whether or not Site Visitor has knowledge of or authorizes such access or use. Site Visitor shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and Site Visitor shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by Site Visitor.

  6. Sales Tax. RENAV shall collect sales tax on purchases consumed within the City and County of Denver, if applicable. Customers are responsible for any additional taxes that may be due.

  7. Third-Party Content and Services. We do not take responsibility for the contents, advertising, products, privacy policies or other material made available through any Other Site nor do we endorse Other Sites. The Site may contain links to websites maintained by third parties ("Other Sites"). Such links to Other Sites Websites are provided for Site Visitor's convenience and reference only, and RENAV is not responsible for the availability of any Other Site to which this Site links. Please direct your concerns to that Other Site's webmaster or appropriate contact.

  8. Limitation of Liability. You expressly understand and agree that this Site and the information available through this Site are provided on an "as is" "as available" basis. RENAV does not warrant that this Site will be uninterrupted or error-free, and RENAV makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information available through the Site. RENAV attempts to ensure that the Content is accurate and reliable; however, errors sometimes occur. RENAV DOES NOT GUARANTEE THE ACCURACY OF THE CONTENT AND ADVISES YOU TO INDEPENDENTLY VERIFIY THE ACCURACY OF THE INFORMATION PROVIDED.

    RENAV expressly disclaims any and all warranties of any kind with respect to the Site and the information available through the Site, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose. This Site and the information available through this Site are always subject to change. We make no guarantee, whether express or implied, that you will find any real property that meets your specifications. WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE SITE, THE CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, THE SERVICES AND THE CONTENT WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY SITE VISITOR'S USE OF THE SERVICES, THE CONTENT OR THE SITE, SSITE VISITOR AGREES AND ACKNOWLEDGES SITE VISITOR'S USE OF THE SERVICES, THE CONTENT AND THE SITE IS AT SITE VISITOR'S OWN RISK. NEITHER RENAV NOR ITS SUPPLIERS OR PARTNERS ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTENT OR THE USE OF THE SERVICES OR THE SITE, OR WITH DELAY OR INABILITY TO USE THE SITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT THE SITE VISITOR KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

    TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL RENAV, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY SITE VISITOR WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.

  9. Indemnity. As a condition of use of the Site or Services, Site Visitor hereby agrees to indemnify RENAV (including its affiliates and the officers, directors, employees, and agents of each of same) and its suppliers (including distributors or other Service Providers) and other Site Visitors from and against any and all liabilities, expenses (including attorneys' fees) and damages resulting from claims arising out of or relating in any way to Site Visitor's use of the Services or the Site (including but not limited to infringement of third parties' intellectual property rights or negligent or wrongful conduct), including without limitation, any claims alleging facts, that if true, would constitute a breach by Site Visitor of these Terms & Conditions.

  10. Jurisdiction. These Terms and Conditions will be governed by laws of the State of Colorado without regard to principles or conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions or use of this Site will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Denver, Colorado. If any part of these Terms & Conditions is 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 these Terms & Conditions shall continue in effect. A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to these Terms & Conditions 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. Any failure by RENAV to assert any rights it may have under this agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.

This is the entire Agreement between you and us governing your access to, dealings with, and use of this site. Please contact us if you have any questions about our Terms & Conditions.

You Should Conduct Your Own Due Diligence!!!

At RENAV we go to great lengths to error check and correct the data that we obtain from the Public Trustee of each county. This involves crosschecking the data with public records, performing hundreds of manual error corrections, and making several phone calls to Public Trustee offices each week.

However, on the average, we receive more than 600 new records per week and the number of errors that we find each week can total more than 150. The records that are not consistent with the Public Trustee are indicated in the "TextUpdates" document that is linked in the weekly email that each customer receives (and sometimes also included in the actual text of the e-mail). This "TextUpdates" file is extremely important and must be read each week.

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