Subscriber's Terms of Use

As a condition of becoming a subscriber (“Subscriber”) and receiving and using the reports and services (the “Materials”) of Profiles Publications, Inc. (“Profiles”) the Subscriber agrees to be bound by these Terms of Use (“Terms”) and that such agreement constitutes a binding contract between Subscriber and Profiles.

RESTRICTIONS ON USE: All Profiles materials are for the private use of the Subscriber. The subscription fee paid is for one subscription per person use only. The Subscriber is strictly prohibited from sharing their Materials with any third party, employee or corporate affiliate. This includes the forwarding of the email file attachment(s), file sharing, photocopying, printing more than one copy of the email file attachment(s), and any other practice or technology that in any way duplicates the Subscriber’s original Materials distributed to them by Profiles. Any violation of this policy will result in the immediate termination of the Subscriber’s account and the forfeit of all monies paid to Profiles Publications, Inc. Further, the cancellation of the subscription and forfeit of monies paid shall in no way restrict Profiles from pursuing any and all legal remedies available.

AUTOMATIC RENEWAL: By activating the Automatic Renewal feature (“Auto Renew”) during the ordering process the Subscriber is authorizing Profiles to renew their Materials for a subsequent period of time (“Period”) upon expiration, on ongoing basis. Subscriber’s subscription service to the Materials will be renewed for the subsequent Period, at current subscription rates, four days prior to their subscription expiration date. Auto Renew is not a requirement to purchase Materials. As such, the Subscriber may deactivate Auto Renew during the ordering process or at any time thereafter by calling our customer service department at 718-335-3908.

CANCELLATIONS/ FINAL SALES: ONE WEEK, 5-WEEK, BACK ISSUE and LIS PENDENS “YOUR WAY” SUBSCRIPTION SALES ARE FINAL, and no refunds will be issued. All other subscription cancellations are subject to a $25.00 cancellation fee. If a Subscriber cancels an active subscription in which Materials have already been shipped and/or delivered, the Subscriber agrees to pay for delivered Materials for the Period they actually received, at the current subscription rate for that Period. For example, a Subscriber who orders a one-year subscription and cancels that subscription after receiving only 3 months, will pay the three month Period subscription rate for the Materials received and a refund will be issued for the balance, minus any cancellation fee.

ACCURACY GUARANTEE*: If you ever find data in the public record** that does not match the data reported by Profiles Publications, we’ll research the discrepancy for free and report back to you with the correct information, AND add 2 months on to your current subscription PLUS you'll receive FREE ADMISSION to one of Jessica Davis's Foreclosure Seminars at the Learning Annex!

*Profiles' Exclusive Accuracy Guarantee is applicable for the following weekly editions published by Profiles Publications, Inc; Queens Foreclosure Auction Schedule, Brooklyn Foreclosure Auction Schedule, Manhattan Foreclosure Auction Schedule, Bronx Foreclosure Auction Schedule, Staten Island Foreclosure Auction Schedule, Queens Lis Pendens Report, Brooklyn Lis Pendens Report, Manhattan Lis Pendens Report, Bronx Lis Penden Report, Staten Island Lis Pendens Report.  It is NOT APPLICABLE to the online data contained within the "National Real Estate Search" section of the website powered by Foreclosure.com.

**Public Record means data contained in official City and State of New York deeds, blocks, lots, addresses and building classifications and mortgage records housed within City and State of New York legal files and computer systems. It does not include comparisons to data reported by other foreclosure data services.  

FORECLOSURE AUCTION SCHEDULES published 49 times a year.
Delivered every Friday by 7 PM to your e-mail address on file. Subscriber must notify Profiles of missing, late, or damaged edition(s) files by 5 PM the following Monday.

LIS PENDENS REPORTS are published 49 times a year. Profiles reserves the right to publish an occasional DOUBLE ISSUE of the LIS PENDENS REPORT, which will count as 2 WEEKS. Subscribers will be notified in advance of such DOUBLE ISSUES.

Delivered Saturday by 12 Noon to your e-mail address on file. Subscriber must notify Profiles of missing, late, or damaged edition(s) files by 5 PM the following Monday.

EMAIL DELIVERY POLICY FOR ALL PUBLICATIONS: Profiles WILL NOT be held liable for ANY email delivery delays due to technical difficulty with your e-mail account or address. This includes ”bounces”, full mailboxes and blocks due to “spam” filters. If a dispute arises as to the time of, or whether an email transmission has occurred, Profiles internal log will be the official record of the transmission. Technical support for e-mail editions is limited to the successful transmission of the Material file(s) from Profiles server to Subscriber’s server. We do not offer technical support on software related issue. This includes opening, using and manipulating the publication file(s) or data with third-party software. For this type of assistance you must contact the third-party software vendor.

SUBSCRIPTION POLICY

Sales: ONE WEEK, 5-WEEK, BACK ISSUE and LIS PENDENS “YOUR WAY” SUBSCRIPTIONS sales are FINAL. All other order cancellations are subject to a $25.00 cancellation fee.

2, 3, 4 and 5 Boro Rates: Apply ONLY to Queens, Brooklyn, Manhattan, Bronx and Staten Island editions published by Profiles Publications, Inc. Subscriptions to Long Island Profiles publications are NOT included.

Mailing Address/E-Mail Address: It is the responsibility of the Subscriber to ensure that Profiles has their current and accurate mailing/e-mail address. Profiles assumes no responsibility for publications mailed to an incorrect address.

Multiple Borough Discounts: In order to qualify for multiple borough discounts, the Materials must run concurrently and ALL Materials must be mailed to the SAME MAILING/EMAIL ADDRESS.
Holds: Subscribers are permitted to place subscriptions on “hold” one time during their subscription term. Holds are limited to 90 days and are the responsibility of the subscriber to reactivate. Subscriptions held longer than 90 days will be cancelled. Once cancelled Profiles Publications, Inc. will deduct the CURRENT REGULAR SUBSCRIPTION PRICE FOR THE ISSUES RECEIVED BY SUBSCRIBER prior to the hold being instated. Any balance due the subscriber will be applied only towards a new subscription. NO REFUNDS WILL BE ISSUED FOR HOLDS THAT ARE CANCELLED AFTER THEY EXCEEDED THE 90-DAY HOLD TERM LIMITS. Holds are NOT PERMITTED on 5-week subscriptions.

RESENDING OF MATERIALS: Any request for the resending of materials that a Subscriber has already successfully received will be charged at the current prevailing subscription rate.

LEGAL DISCLAIMERS

1. The text and compilation of data contained in the Materials are protected, and may not be copied, reprinted, republished, redistributed, forwarded, broadcast, transmitted or otherwise distributed, in whole or in part, without the prior written permission of Profiles Publications, Inc.

2. Profiles does not guarantee the factuality, completeness, or timeliness of any Materials provided by Profiles. Except for remedies as outlined in Profiles "Accuracy Guarantee", you agree to hold Profiles harmless for any claims relating thereto. THE MATERIALS ARE PROVIDED "AS IS" AND PROFILES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. Profiles will not be responsible for any indirect, consequential, special or punitive damages or losses relating to the Materials (including, but not limited to, damages attributable to loss of data or profit, arising out of the use, or the inability to use, the Materials) even if they have been advised of the possibility of such damage or loss. Some states do not allow the exclusion or limitation of incidental or consequential damages, and if you live in such a state the above limitations or exclusion may not apply to you.

4. Without limiting the foregoing, under no circumstances shall any remedy against Profiles exceed the amounts received from you by Profiles for the Materials.

5. Profiles assumes no responsibility for real estate transactions made as a result of the Subscriber’s use of the Materials. Profiles Publications, Inc. its owners and staff are not attorneys, real estate brokers, or foreclosure consultants. Those in need of such services should consult a licensed professional.

6. If any disputes arise relating to this Agreement or to the Materials, you agree that the federal or state courts of New York shall have exclusive jurisdiction over all claims.

7. Profiles may, at its sole discretion, refuse sales to any individual or company.

8. Profiles reserves the right to change these Terms at anytime at its sole discretion.