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Terms of Use

FirstStepEquity.com

126 E.Haley St. #A17, Santa Barbara CA. 93101

By subscribing to FirstStepEquity, you become a "Member" of FirstStepEquity Inc., ("FirstStepEquity "). FirstStepEquity 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 FirstStepEquity and/or use of FirstStepEquity 's services constitutes Member's acceptance to these Terms of Use. These Terms of Use are subject to change by FirstStepEquity, in its sole discretion, at any time, without prior notice.

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

License Restrictions

Member represents, warrants, affirms and agrees that the data, information and services provided by FirstStepEquity 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 an agent, representative, 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 FirstStepEquity 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 FirstStepEquity name are proprietary information and property of FirstStepEquity, 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 FirstStepEquity believes, in its sole discretion, that the Member has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, FirstStepEquity 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 FirstStepEquity’s 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.

Terms of Membership

The term of Member’s membership is based upon 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 Member or FirstStepEquity. 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.

Payment of Charges

A. FirstStepEquity charges a monthly membership fee($49.00)

The membership fee is calculated from the day of the term that the Member's paid membership commences.. The Member authorizes FirstStepEquity to, and the Member agrees that FirstStepEquity may, charge to the Member's credit card, debit card or bank account  the Member's regular membership fee for each agreed upon term of the Member's selected membership term. The Member authorizes FirstStepEquity to, and the Member agrees that FirstStepEquity 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. If the member does not access the account for a period of 12 months the account may be set to cancel by FirstStepEquity. 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 FirstStepEquity. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. FirstStepEquity may terminate or disable the Member's participation in FirstStepEquity services if the Member fails to pay fully and in a timely manner all amounts due to FirstStepEquity. If the Member's credit card expires or is otherwise declined for payment, access to FirstStepEquity services and websites can be modified or suspended without notice to the Member. If any Member 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 Member shall pay all costs of collection, including legal fees, incurred by FirstStepEquity. 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 FirstStepEquity and its websites.

C. Payment Methods

The Member's complete billing address and telephone number must be provided to process payments. FirstStepEquity 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 sent by mail. However, for mailed payments,they may not credit the applicable account until additional procedures are completed and after FirstStepEquity's bank certifies receipt of funds — typically five (5) business days. FirstStepEquity 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 Member may contact FirstStepEquity Customer Service by e-mail at [email protected] or telephone at 805-770-5041 concerning charges or other questions regarding the status of the Member Account. However, if the Member's account questions are not satisfactorily resolved within fifteen (15) business days of Member's calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been discovered, the Member must write to the Customer Service Department, FirstStepEquity Inc.,

126 E.Haley St. #A17, Santa Barbara CA. 93101

, delivered by United States mail or by fax to 805-770-5099. Otherwise, any and all such Member complaints are waived.

Termination

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

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

  1. By e-mailing a cancellation request to [email protected] at least five (5) days prior to the desired cancellation date.
  2. By telephoning a cancellation request to 805-770-5041 during business hours of 9am to 5pm PST Monday through Friday.
  3. By faxing a cancellation request to 805-770-5099 at least five (5) days prior to the desired cancellation date.
  4. By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to FirstStepEquity 

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

If First Step Equity is unable to provide listing for member. That member may be intiteled to a full refund. See "registration return form."All refunds will be less $5.00 processing fee.

This form is for members only. If after using the service, First Step Equity is unable to provide listings member is eligible for refund. Member must submit “Registration Return Form” completed for processing. After approval, member's registration fee will be refunded in 5-10 business days. ''Registration Return Form” must be submitted to First Step Equity billing via mail to (126 E.Haley St. #A17, Santa Barbara CA. 93101). Return forms submitted incomplete will NOT be processed.  FSE BILLING

Registration Return Form

SECTION (1) Provide Three cities you were unable locate properties in:<

1. City:

Date of request:

1st_________________2nd_________________3rd________________

2. City:

Date of request:

1st_________________2nd_________________3rd________________

3. City:

Date of request:

1st_________________2nd_________________3rd_________________

SECTION (2) Member must sign and date guaranteeing that all information provided is truthful and accurate

Signature:

Date:

Additional Member information required

First Name:

Last Name:

Mailing Address:

City:                              State:          Zip:

Contact Phone Number:

E-mail:

Notes:

(Please Complete So We Can Better Our Company)

Member Services

FirstStepEquity allows Members to submit requests for service to independent third-party real estate and other related service providers. Members agree to supply FirstStepEquity with information about themselves and the property they want to sell or hope to buy. FirstStepEquity will use this information to provide certain details on an anonymous or non-anonymous basis to third-party affiliates who are, in most cases, members of its network. As FirstStepEquity uses e-mail and telephones to provide FirstStepEquity services, all FirstStepEquity Members hereby consent to receive e-mails and telephone calls from FirstStepEquity to qualify for and participate in FirstStepEquity services. FirstStepEquity Members consent to receive e-mails and telephone calls from third parties, as FirstStepEquity Member's service requests to and/or through FirstStepEquity may require services from these third parties.

Member affirms that all of the information Member provides to FirstStepEquity, whether online or otherwise, is accurate and complete. Member also agrees to update FirstStepEquity with current and accurate information, if at any time the information Member provided to FirstStepEquity changes. FirstStepEquity reserves its right to terminate or suspend access to FirstStepEquity services to any Member whose information FirstStepEquity believes, at FirstStepEquity 's sole discretion, to be inaccurate or misleading.

FirstStepEquity may refer Professional Service Providers, mortgage lending or other service providers (collectively, "Service Providers") to Members. The terms of any agreement between a Member and any Service Provider referred by FirstStepEquity are not endorsed, warranted, guaranteed, recommended or otherwise known to or by FirstStepEquity.

For its services and referrals, FirstStepEquity may receive payment from Service Providers. Membership with FirstStepEquity and use of FirstStepEquity services constitutes Member's acknowledgment of and agreement to this compensation arrangement.

FirstStepEquity may from time to time offer eligible Members promotional opportunities. Not all Members may be eligible to receive all promotional opportunities.

Property Posting Services

Members may post properties for sale on FirstStepEquity to market those properties to other FirstStepEquity users. Member affirms that all of the information and content Member provides to FirstStepEquity, whether online or otherwise, is accurate and complete. Member also agrees to update FirstStepEquity with current and accurate information, if at any time the information Member provided to FirstStepEquity changes. FirstStepEquity reserves its right to terminate or suspend access to FirstStepEquity services to any Member whose information FirstStepEquity believes, at FirstStepEquity 's 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 FirstStepEquity, 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 FirstStepEquity

A Member who posts properties for sale on FirstStepEquity grants to FirstStepEquity an unlimited, unrestricted and royalty-free license to publish and display all, part or a modified version of the content provided by the member on any FirstStepEquity controlled or sponsored website and on all other FirstStepEquity controlled or sponsored publications and services. Furthermore, a Member who posts properties for sale with/to FirstStepEquity, grants FirstStepEquity permission to distribute, by e-mail or otherwise, all, part or a modified version of the content provided by the Member to all FirstStepEquity users, partners and affiliates and to any media FirstStepEquity shall deem advisable in its sole determination for marketing purposes.

Other Service Providers

From time to time FirstStepEquity may include on its websites third-party Service Providers such as a moving, magazine or a mortgage service provider. FirstStepEquity posts these services on its websites as a service to its Members. FirstStepEquity 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 Member's responsibility, and FirstStepEquity encourages this for all Members, to independently investigate the qualifications of each Service Provider and to carefully review each Service Provider offering prior to entering into any engagement.

FirstStepEquity is not responsible or liable for any acts or omissions created or performed by these other Service Providers. FirstStepEquity websites may contain links to websites maintained by third-party Service Providers. Such links are provided for Member convenience and reference only. FirstStepEquity does not operate or control, in any respect, any information, software, products or services available on such websites. FirstStepEquity 's inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.

Third-Party Content and Screening

FirstStepEquity 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 FirstStepEquity. FirstStepEquity reserves the right, but is not obligated, to screen and review any content provided to FirstStepEquity and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason FirstStepEquity deems relevant.

Modification Of  FirstStepEquity Services

FirstStepEquity 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 Member. FirstStepEquity is not liable to any Member in the event that FirstStepEquity exercises its right to modify or discontinue any service.

Disclaimers and Limitations

FirstStepEquity attempts to ensure that the information contained in its websites is accurate and reliable; however, errors sometimes occur. FirstStepEquity Inc. 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, FirstStepEquity 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."FIRSTSTEPEQUITY, 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 FIRSTSTEPEQUITY 'S SERVICES, THE MEMBER AGREES AND ACKNOWLEDGES THAT THE MEMBER'S USE OF ALL FIRSTSTEPEQUITY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH FIRSTSTEPEQUITY AND/OR ITS WEBSITES IS AT THE MEMBER'S OWN RISK. FIRSTSTEPEQUITY 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 FIRSTSTEPEQUITY 'S 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 FirstStepEquity websites, the Member agrees to indemnity FirstStepEquity 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 FirstStepEquity's 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 FirstStepEquity's services, to the goods or services provided by FirstStepEquity, or to any acts or omissions for which the Member may contend FirstStepEquity is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Santa Barbara County, California. 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 FirstStepEquity. In any arbitration, FirstStepEquity 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 Santa Barbara County, California. Member and FirstStepEquity agree that the arbitratorshall 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 FIRSTSTEPEQUITY WILL BE RESOLVED BY BINDING ARBITRATION IN SANTA BARBARA COUNTY, CALIFORNIA. 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 FIRSTSTEPEQUITY 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 SANTA BARBARA COUNTY, CALIFORNIA.

Other Terms

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