SERVICE AGREEMENT FOR “YOU WALK AWAY”
THIS CONTRACT SERVICES AGREEMENT is made and entered into this day by and between the YOU WALK AWAY, and CARDHOLDER NOW, THEREFORE, the parties hereto agree as follows:
1.1 With the purchase of the Walk Away Membership, Member will have access to experienced You Walk Away Advocates available to answer questions that arise during the foreclosure process via email.
1.2 With the purchase of the Walk Away Platinum Membership and Walk Away Gold Membership, Member will have access to experienced You Walk Away Advocates available to answer questions that arise during the foreclosure process via email and live chat.
1.3 With the purchase of the Walk Away Platinum Membership, Member will have access to experienced You Walk Away Advocates available to answer questions that arise during the foreclosure process via phone, email, or live chat.
1.4 With the purchase of the Walk Away Membership, if Member would like to attempt to sell the home, You Walk Away will refer the Member at no additional cost to an experienced loss mitigation team to attempt a short sale.
1.5 With the purchase of the Walk Away Membership, You Walk Away will provide Member a downloadable ‘cease and desist’ letter for the lender designed to stop harassing phone calls.
1.6 With the purchase of the Walk Away Platinum Membership and Walk Away Gold Membership, Member is entitled to receive a personal consultation with a licensed CPA to discuss tax consequences. You Walk Away cannot be held liable or responsible for the information, omissions, and/or advice provided by the CPA.
1.7 With the purchase of the Walk Away Platinum Membership and Walk Away Gold Membership, Member is entitled to access our attorney network and pay directly for consultation(s) with an attorney who can provide legal advice independent affiliated attorneys. You Walk Away only provides legal information and cannot provide legal advice; an attorney can provide legal advice. You Walk Away cannot be held liable or responsible for the information, omissions, and/or advice provided by the independent affiliated attorney.
1.8 With the purchase of the Walk Away Platinum Membership, Member is entitled to receive regular emails updating their foreclosure timeline. You Walk Away will provide these updates to the Member regarding the filing of foreclosure documents such as those including, but not limited to, Notice of Default, Notice of Sale, Complaint for Foreclosure, etc. when available and when possible. You Walk Away cannot guarantee the accuracy of filing information or the accuracy of the status updates provided. You Walk Away cannot be held liable or responsible for incomplete or inaccurate information provided pertaining to status updates.
2.0 KITS – Strategic Default, Legal Assist, Collections Protection
2.1 With the purchase of the Walk Away Membership, You Walk Away will provide Member the ‘Strategic Default Kit.’
2.2The ‘Strategic Default Kit’ will contain information regarding state laws pertaining to foreclosure.
2.3 The ‘Strategic Default Kit’ will contain a section regarding how Member can take steps to make sure the lender follows the law.
2.4 The ‘Strategic Default Kit’ will contain a special ‘Credit Scenario’ report.
2.5 The ‘Strategic Default Kit’ will contain information regarding avoiding bankruptcy.
2.6 With the purchase of the Walk Away Platinum Membership and Walk Away Gold Membership, You Walk Away will provide Member the ‘Legal Assist Kit.’
2.7 The ‘Legal Assist Kit’ will contain information and resources designed to help borrowers work with their lenders to modify their mortgage.
2.8 You Walk Away makes no guarantee as to results of loan modifications, ability to stop collections calls, or any other results. The information contained within the Kits are designed for informational purposes only and are in no way meant to replace legal and/or financial advice from a licensed professional. Every state and situation is different and every individual should consult with a qualified professional prior to making important financial and/or legal decisions that could carry serious consequences.
2.9 With the purchase of the Walk Away Platinum Membership, You Walk Away will provide Member the ‘Collections Protection Kit.’
2.10 The ‘Collections Protection Kit’ will contain information about the FDCPA
2.11 The ‘Collections Protection Kit’ will contain information regarding laws designed to protect borrowers from unjust collections practices
2.12 Member agrees to not hold You Walk Away responsible for any consequences that come as a result of decisions made based on information contained within the kits or on the YouWalkAway.com website. All resources are provided for informational purposes only and should not replace the advice of a qualified professional.
3.0 SERVICE FEE
3.1 Contract Sum. For the services rendered pursuant to this Agreement, You Walk Away shall be compensated according to the following fee chart:
- Silver Membership: $199 signup fee, $29.95 monthly recurring fee
- Gold Membership: $295 signup fee, $49.95 monthly recurring fee
- Platinum Membership: $395 signup fee, $99.95 monthly recurring fee
- Prepaid Platinum Membership: $995 one time enrollment fee
- Any Individual Kit (Legal Assist or Collections Protection): $39.99 each
3.2 Recurring membership dues will be collected every thirty (30) days following the date on which the Member initiates membership.
4.0 CANCELLATION OF MEMBERSHIP AND REFUNDS
4.1 Member may cancel service at any time. Due to the downloadable products and immediate services provided by You Walk Away, if Member cancels his/her membership the enrollment fee is non-refundable.
4.2 Membership dues will continue to be collected until member cancels service.
4.3 If Member cancels service, the cancellation will be placed into effect immediately. No refunds will be given for cancellation prior to the last day of the membership month.
5.0 LEGAL AND FINANCIAL INFORMATION
5.1 With the purchase of the Walk Away Platinum Membership and Walk Away Gold Membership, Member is entitled to access our attorney and CPA networks and can receive consultation(s) with attorneys and CPAs who can provide legal and/or financial advice. The information that Member receives from You Walk Away is to inform him/her about foreclosure and tax laws and is designed to help the Member safely cope with his/her own legal and financial needs. However, legal and/or financial information is not the same as legal and/or financial advice. The law as it applies to each individual varies with specific circumstances. You Walk Away does not provide legal or financial advice.
6.0 PROPRIETARY RIGHTS
6.1 Member is permitted to use content delivered to him/her from You Walk Away. Member may not copy, reproduce, distribute, or create derivative works from this content. Further, Member agrees not to reverse engineer or reverse compile any of You Walk Away technology.
7.0 USER CONDUCT
7.1 Member agrees not to use You Walk Away or the content or information delivered through You Walk Away in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of You Walk Away to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for You Walk Away or its affiliates or cause us to lose (in whole or in part) the services of a third-party provider; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) may potentially be perceived as being obscene or pornographic or contain child pornography, or racially, ethnically, or otherwise objectionable; (h) interfere with or disrupt computer networks connected to You Walk Away; (i) interfere with or disrupt the use of You Walk Away by any other user; (j) access the information and content manually by request and not programmatically by macro or other automated means; or (k) use You Walk Away in such a manner as to gain unauthorized entry or access to computer systems.
8.0 RESTRICTION ON CONSUMER USE OR RETAIL
8.1 Member agrees not to resell or make any commercial use of the services of You Walk Away.
9.0 YOUR INDEMNIFICATION OF YOU WALK AWAY.
9.1 When Member uses You Walk Away, unless caused by our intentional misconduct or gross negligence, Member agrees to protect and fully compensate You Walk Away and its service providers and affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from Member’s use of You Walk Away, Member’s violation of this Addendum or Member’s infringement, or infringement by any other user of Member’s account, of any intellectual property or other right of anyone.
If using a credit/debit card, Member authorizes You Walk Away to charge Member’s card for the fee listed above under section 3.0.