X Out Foreclosure (referred to as "XOF", "we," "us," or "our"). Terms of Use Agreement ("Agreement"), The Agreement describes the terms and conditions applicable to your use of the XOF Website and the products and services provided through or in connection with the XOF Website (collectively, "Service"), which may be updated by XOF from time to time without notice to you. XOF may also offer other services that are governed by a different Terms of Service. You must read and agree with all of the terms and conditions contained in this Agreement and the XOF Website privacy policy then in effect ("Privacy Policy"), which is incorporated by reference, before you use the Service. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.

Use of the XOF Website and Service. You certify to XOF that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to XOF, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the XOF Website or Service; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.

Prohibited conduct. You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other system to access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.

Privacy Policy. Personal information submitted in connection with the Service is subject to our Privacy Policy. For more information, see our full Privacy Policy.

Links. XOF, through the XOF Website, the Service or otherwise, may provide links to other websites. Because XOF has no control over such websites, you acknowledge and agree that XOF is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products, whether loan, auto, or telecommunications, or other materials on or available from such websites. You further acknowledge and agree that XOF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.

Indemnification. You agree to indemnify and hold XOF, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the XOF Website or Service, the violation of the Agreement by you, or the infringement by you, or any other user of the XOF Website or Service using your computer, of any intellectual property or other right of any person or entity. XOF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability. IN NO EVENT WILL XOF BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE XOF WEBSITE OR SERVICE, EVEN IF XOF HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST XOF WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE XOF AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, including, but not limited to, business dealings with mortgage brokers or lenders, insurance agents or carriers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that XOF shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.

Disclosure of Your Information. You acknowledge, consent and agree that XOF may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith.

The Agreement constitutes the entire agreement between you and XOF and governs your use of the XOF Website or Service, superseding any prior agreements between you and XOF. You also may be subject to additional terms and conditions that may apply when you use or purchase certain when you use certain other XOF services, affiliate services, third party content or third party software.

Sweepstakes:

GENERAL CONDITIONS: The Contest is void where prohibited. The winner must execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within seven (7) days of notification. Failure to return documents within seven (7) days of receipt, or if prize notification or prize is returned as non-deliverable, may result in disqualification with an alternate winner selected, at the sole discretion of XOF. By accepting the prize, where permitted by law, the winner agrees to grant to XOF, and its licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further, without such additional compensation, appear for any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by XOF. Further, by accepting the prize, the winner agrees to release and hold harmless XOF, and its directors, officers, employees, representatives and agents of any type or kind, from any and all liability for any injuries, losses or damages of any kind arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize, participation in any Contest related activity, or participation in this Contest.  XOF reserves the right, at its sole discretion, to disqualify any participant it finds, in its sole discretion, to be (i) tampering with the entry process or the operation of the Contest or XOF’s site, (ii) in violation of the Terms of Service of the website, (iii) in violation of these Official Contest Rules, or (iv) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Contest at the actual time of entry will be deemed to be the participant and must comply with these Official Contest Rules. XOF  will prosecute any fraudulent activities to the full extent of the law.

The authorized subscriber is deemed to be the natural person who is assigned an e-mail address by the Internet access provider, online service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.

LIMITATIONS OF LIABILITY: XOF is not responsible for late, incomplete or incorrect online entries. XOF is not responsible for any electronic, hardware or software program, network, Internet or computer malfunctioning, failures or difficulties of any kind which may occur in the process of submitting entries. XOF is not responsible for injury or damage to any participant's or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of XOF which, in the sole opinion of XOF, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, XOF reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select the winner from the entries received prior to the action taken. IN NO EVENT WILL XOF, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS OF ANY TYPE OR KIND, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE XOF WEBSITES OR THE DOWNLOADING FROM AND /OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

DISPUTES: As a condition of participating in this Contest, you agree that any and all disputes which cannot be resolved between the parties, and any and all causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the City of Dallas, TX.  Texas having competent jurisdiction, which Court shall apply the laws of the State of Texas without regard for doctrines of conflicts of law. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and you further waive all rights to have damages multiplied or increased.

WINNERS LIST: For the name of the Contest winner, send a self-addressed stamped envelope to: XOF Quarterly Sweepstakes Cash Giveaway Winner List c/o XOF, 45 Main Street, Suite 309 Brooklyn, NY 11201

ELIGIBILITY: No purchase necessary. The Contest is open to United States residents at least 18 years old as of the date of entry who do not currently use XOF, products or services. Employees and their immediate family members or persons who live in the same household of XOF, ("XOF "), its affiliates, its advertising and promotional agencies, or any other company engaged in the development, production, distribution, or sponsorship of this Contest are not eligible to enter or win. By entering, you agree to these Official Contest Rules and the decisions of XOF, which shall be final and binding in all respects.
DRAWING: The winner will be selected in a random drawing from all eligible entries received. Drawings will occur the first Monday of each month on or about 12:00 p.m. CST, starting on Thursday, January 1st, 2009, concluding Wednesday, April 1st, 2009. Drawings will take place at the XOF headquarters in 45 Main Street, Suite 309 Brooklyn, NY 11201. The winner will be notified by e-mail, telephone, overnight carrier, or regular mail within approximately seven (7) days of the drawing.

3. ENTRY: To enter, your computer must accept cookies. Entries shall be submitted online. Any other attempt at entry is void. Only one (1) entry per month, per person and/or company is permitted. An entry will be eligible to participate only in the Sweepstakes for the month in which it is submitted. Each Giveaway begins at 12:00 AM CST on the first day of each month and continues through 11:59 PM CST on the last day of each month. Participant may only win an XOF, Giveaway once per calendar year. This entry satisfies the express written permission requirement allowing XOF, inc. to send fax and or email solicitations and/or advertisements. All entries are the property of XOF.

4. PRIZE/ODDS: Each Prize of one thousand dollars ($1000) will be awarded to a winner. Odds of winning in the drawing depend on the number of eligible entries received. No assignment, transfer or substitution of prize is permitted. Federal and State taxes are the sole responsibility of the winner. Additionally, all registration fees for the prize including, but not limited to, taxes, title and tag are the sole responsibility of the winner.