Copyright Notice, Terms of Use and other Legal Stuff

Before using this Web site, please read the Terms of Use and other content set forth below. By using this Internet Web Site ("this Site") you agree to be bound by this/these Terms of Use.

The documents and information on this Internet Web Site ("this Site") are © Copyrighted materials of The Cherokee Group (of companies) in Red Bank, New Jersey, USA.

Reproduction or storage of materials retrieved from this site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. You are hereby granted a license to copy the Site contents to the extent required for normal WWW viewing purposes. All other rights reserved. Content, layout, graphics and any special nomenclature, is copyright © 2005-2008 by The Cherokee Group and/or one or more individual business entities that are part of The Cherokee Group, Red Bank, NJ. All rights reserved.

No Representations Or Warranties

Any services provided on this Web site, and the content, information, documents, graphics and images published at this Site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Web site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently, TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS", AND WITHOUT WARRANTY, AND ALL WARRANTIES 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, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.

Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Web site or on linked Web sites.

User Warnings/User Conduct

We may make certain services available to some Clients, employees, contractors, and others, including without limitation, email, message boards and other collaboration and communication services; provided that you agree to abide by the terms and conditions contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:

1. Violate any applicable law, regulation or rule;
2. Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
3. Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
4. Provide false information on your registration form or impersonate another person at any point;
5. Post or transmit false, inappropriate, improper, disorderly or excessive messages or information;
6. Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right;
7. Use any information found on this web site to unfairly influence the results of an Evaluation;
8. Make any attempt to infer the specific individuals who may be associated with any Cherokee client, vendor, borrower, partner, contractor, employee or otherwise, either for the purposes of contacting them outside the context of this Site, including contacting them at home or via intermediaries, or for any other purpose; or
   1. Contact our Clients or other Vendors for any reason contrary to the objectives of the Site;
      
   2. If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.

With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or access, or for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of such services.

We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our web site, and to protect ourselves, our Clients, and others.

Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

Ms. Carol Green
Cherokee Group
133 Maple Avenue
Red Bank, NJ 07701 USA

Tel: (732) 741-2000
Fax: (732) 741-2009
Email: you can send Carol a message via our Contact Us webmail form

No Legal Advice

This web site is provided as a resource to the Internet community. It is offered for informational purposes only, and is general in nature. It does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each matter, and the law applicable to the people and circumstances involved. The law is always changing.

Nothing provided on this web site should be used as a substitute for the advice of competent counsel. You agree that no business or attorney-client relationship is formed between you and Cherokee, nor is any statement or material submitted by you to this web site treated as confidential.

Do you need a lawyer? If you need an attorney, but you cannot afford one, you may be able to get free or discounted legal services. To learn more, and to locate legal services in your state, please see our Legal Assistance web page.

There are additional disclosures and warnings about the adversarial relationship between any buyer and seller, and between you and Cherokee, on the Cherokee Business Certifications page.

E-Mail is Not Secure

Please feel free to send us e-mail, either via the Contact Us webmail form. However, please be aware that electronic communication and e-mail on the Internet is not secure and may not be privileged or confidential. The transmission of an e-mail request or your filling out a response form does not create an attorney-client relationship or a business relationship. Also, email is not reliable and so sending us an email message is not "notice", and you should not assume any email message has been received by us unless we acknowledge it.

Links To and From Other Sites

For your convenience and benefit, we include hyperlinks to other Internet web sites and servers that are maintained by other businesses, organizations, and educational or governmental institutions. Using these "links" is expressly and entirely at your own risk. The content, accuracy, opinions expressed, and other links provided by these resources are not verified, monitored or endorsed by Cherokee. If however we are advised that any of these external links are malfunctioning, inappropriate, inaccurate, or that their owners do not want us to link to them, we will promptly investigate and take action. Please see our Contact Cherokee page for communication options. Cherokee prohibits caching, unauthorized hypertext links to this web site, and the framing of any content available through this web site. This web site is not intended for use by persons under the age of 18 years of age. Cherokee does not knowingly collect information from children under the age of 18. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our privacy policy by instructing their children to never provide information on any web site without their permission.

Cherokee is not a Lender

Cherokee is not a lender. We do not originate loans or mortgages. We do not refinance mortgages. Cherokee is an investor,. We acquire existing, non-performing (i.e. defaulted, distressed) real estate, tax liens and security instruments (i.e. mortgages or deeds of trust).

Our affiliate, Cherokee Financial, LLC, services the mortgage loans owned by itself or affiliated companies. We service our own portfolio exclusively. We do not provide loan servicing for third parties.

General Disclaimers

INFORMATION AND ANY FORMS OR SOFTWARE AVAILABLE FOR DOWNLOAD ON THE 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.

Although we strive for accuracy, information on the Site may contain inadvertent technical inaccuracies or typographical errors. Information may be changed or updated without notice. Third party off site links may change. We may also make improvements and/or changes in the products, services or programs described in this information at any time without notice. The Site contains numerous hyperlinks to other third-party sites. Cherokee makes no representations whatsoever about any hyper linked third party sites which you may access through this one. These non-Cherokee sites are not created or maintained by Cherokee. They are independent from us, and we have no control over the content on those sites. Moreover, Cherokee does not endorse or accept any responsibility for the content, or the use, of such sites. While we have no information about the presence of such dangers on non- Cherokee sites, you should take steps to protect yourself and your systems from viruses, worms, Trojan horses, and other items of a destructive nature.

IN NO EVENT WILL CHEROKEE, OUR EMPLOYEES, CONTRACTORS, CLIENTS, RELATED GOVERNMENT AGENCIES, OR ANY OF THEIR PARENT OR JUNIOR AGENCIES, ORGANIZATIONS OR MEMBERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY SITE HYPERLINKED FROM THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction and Choice of Law

Neither Cherokee nor any of its subsidiaries or affiliate firms make any representation that materials on the Site or any links are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, as it is applied to agreements entered into and to be performed entirely within such State.

Any action you, any third party brings to enforce these Terms and Conditions or, in connection with, any matters related to this site shall be brought only in either the State or Federal Courts located in the State of New Jersey, and you expressly consent to the jurisdiction of said courts. Use of Site and Content.

This web site (the "Site") is owned and operated by Cherokee Group, Red Bank, New Jersey. Please feel free to browse the Site; however, your access and use of the Site is subject to these terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree with any of the below Terms and Conditions, do not use the Site.

Cherokee reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time and you agree to be bound by such modifications, alterations or updates.

Indemnity

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

Limitation of Liability

YOU ACKNOWLEDGE THAT CHEROKEE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OR INABILITY TO USE THIS WEB SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CHEROKEE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES, LOSSES OR EXPENSES, AND IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE, AND REGARDLESS OF THE THEORY OF LEGAL LIABILITY, WHETHER BASED IN TORT, NEGLIGENCE, CONTRACT, OR OTHER THEORY. IN THOSE STATES THAT DO NOT ALLOW THIS EXCLUSION OR LIMITATION OF LIABILITY FOR THE FOREGOING EXCLUDED DAMAGES, CHEROKEE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CHEROKEE'S CUMULATIVE LIABILITY TO YOU, FOR THE FOREGOING EXCLUDED DAMAGES AND ANY DIRECT DAMAGES, EXCEED ONE HUNDRED DOLLARS ($100.00).

Remedies, Waivers and Injunctions

All remedies whatsoever available to Cherokee are cumulative and non-exclusive. No waiver or failure of Cherokee to require performance in any instance shall act as a waiver or bar in any subsequent or other instance. Cherokee shall not be required to post a bond or other security in order to obtain injunctive relief.

Licensing Disclosures

Some principals, employees or contractors of Cherokee may also be licensed by the State of New Jersey as real estate professionals. If this is applicable, please be advised that none of these individuals will be acting as a real estate broker or advisor when they are doing business on behalf of Cherokee. There are additional disclosures and warnings about the adversarial relationship between any buyer and seller, and between you and Cherokee, on our "Business Certifications" page.

Privacy Policies and Statement(s)

Some pages and/or content on this Site may be preliminary, or subject to Non Disclosure Agreement or Confidentiality Agreement, or are otherwise private (together "confidential material"), and we make a reasonable effort to protect this privacy. Attempted or actual circumvention or violation of any security or privacy mechanism is expressly prohibited, and will be prosecuted to the fullest extent of the law. By entering this Site you agree that any such confidential materials are the property of their owner, that you will not use or distribute them, will return them upon demand, and will be liable for civil damages for their use, the same as if they were stolen tangible property.

These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site. We may modify these Terms of Use at any time by posting revised Terms of Use on our Web site and your continuing use of such Web site and the services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Any litigation arising out of or in connection with these Terms of Use or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.

If we decide to change our privacy policy, we will post those changes to this privacy statement so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here.

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at staff@crp1.com or by contacting us by telephone or postal mail at the contact information listed below.

We reserve the right to use clear GIFs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

This Web site contains links to other sites that are not owned or controlled by Cherokee. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. We may use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as online forms, will be limited. This privacy statement covers the use of cookies by Cherokee only, and does not cover the use of cookies by any advertisers.

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

We reserve the right to use other third parties to provide services on our site. If we do, and if you sign up for these services, we will share the information you provide as necessary for the third party to provide that service.

Passwords

If CHEROKEE employs passwords, you may not allow any other person to access this web site using your password, you agree to notify CHEROKEE if you become aware of any such unauthorized use of your password, and you agree to be responsible for all acts by anyone that accesses this web site with your password.

Severability, Survival and Binding Effect

If any portion of these Terms of Use is found invalid or unenforceable, all other portions are nonetheless valid and fully enforceable. In the event that these Terms of Use should be terminated or expire for any reason, the sections entitled as follows survive: "Acknowledgment of Terms and Conditions of These Terms of Use", "No Legal Advice or Confidentiality", "No Warranties", "Limitation of Liability", "Links To/From Other Sites", "Governing Law and Jurisdiction", "Remedies, Waivers and Injunctions", "Severability, Survival and Binding Effect", and "Entire Agreement". These Terms of Use shall bind and inure to the benefit of your and Cherokee's respective successors, assigns, heirs, executors, trustees and administrators.

Entire Agreement

These Terms of Use are the entire agreement between you and Cherokee regarding your use of this web site regardless of any other oral or written understandings and can only be amended by Cherokee in writing.

Pursuant to 37 CFR 201.38, the Designees designate the following individual to receive notifications of any claimed infringement:

Ms. Carol Green
Cherokee Group
133 Maple Avenue
Red Bank, NJ 07701 USA

Tel: (732) 741-2000
Fax: (732) 741-2009
Email: you can send Carol a message via our Contact Us webmail form