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EquityMarker™ EquityMarker is a comprehensive, analytical real estate and foreclosure buying program. This buyer's software program actually seeks out equity in all types of real properties anywhere. EquityMarker works for buying properties in any stage of foreclosure: Notice of Default (NOD), Notice of Trustee Sale (NOS), Bank owned properties (REO's), or with other types of real estate data like the Multiply Listing Service (MLS), or data for probates, bankruptcies, tax sales and more! |
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EquityMarker software is scheduled to be packaged into a new and exciting real estate program coming soon. Buy today and receive your 50% off discount coupon. This is a limited time offer.
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End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY.
THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS BETWEEN MAR-KOT, INC. (THE "COMPANY") AND THE PERSON WHO OPENS THIS PACKAGE OR USES THE SOFTWARE WHICH ACCOMPANIES THIS AGREEMENT (THE "USER"). THIS AGREEMENT GIVES A USER THE RIGHT TO ACCESS AND USE THE COMPANY'S PRODUCT "EQUITYMARKER", AND SERVICES ("PRODUCTS") AND ACCOMPANYING DOCUMENTATION ("DOCUMENTATION") PURCHASED FROM THE COMPANY, ITS RESELLERS OR AGENTS PURSUANT TO A PURCHASE AGREEMENT, CONTRACT, SALES ORDER, INVOICE OR SIMILAR DOCUMENT ("PURCHASE CONTRACT"). THE COMPANY IS WILLING TO GRANT A USER THE RIGHT TO ACCESS AND USE THE COMPANY'S PRODUCTS ONLY IF THE USER ACCEPTS ALL OF THE TERMS OF THIS AGREEMENT, AND PAYS OR HAS PAID THE COMPANY, ITS RESELLERS OR AGENTS, THE FULL PURCHASE PRICE (TO INCLUDE ALL APPLICABLE TAXES AND FEES) FOR USE OF THE LICENSE TO THE PRODUCTS PURCHASED.
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2. RESTRICTIONS. User may not use, copy, modify, or transfer the Products to others, in whole or in part, except as expressly provided in this Agreement. The Products contains trade secrets of the Company, and the User may not reverse engineer, disassemble, decompile, or translate the Products, or otherwise attempt to derive its source code or the source code through which the Products is accessed, or authorize any third-party to do any of the foregoing. The license granted hereunder is personal to the User, and any attempt by the User to transfer any of the rights, duties or obligations hereunder shall terminate this Agreement and be void. The User may not rent, lease, loan, resell, or distribute the Products or any part thereof in any way including, but not limited to, making the Products available to others via shared access to a single computer, a computer network, or by sharing access information, which includes the User's Username and Password.
3. OWNERSHIP. The Company's Products are the property of the Company and its licensor(s), if any, and subject to applicable patent, copyright, trade secrets, trademarks, treaties (filed or unfiled) and other proprietary rights, under law of equity and common law. The Products are licensed, not sold, to the User for use only under the terms of this Agreement, and the Company reserves all rights not expressly granted to the User.
4. TERMINATION. This Agreement will terminate immediately if the User breaches any term of this Agreement. Further, in the event of a termination or expiration of any agreement between the Company and a third-party content provider or licensor of all or a part of the Products, the User's right to access and use the Products may also terminate or expire without prior notice to User. A User may terminate this Agreement at any time by notifying the Company in writing. Upon receipt of notice of termination from the User, the license and the User's access to the Products shall cease and User shall immediately destroy all copies of Products and Documentation.
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6. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY'S PRODUCTS ARE PROVIDED "AS IS" AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, FOR THE PRODUCTS AND ANY OTHER MATERIAL PROVIDED TO USER BY THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE, THAT THEIR OPERATION WILL BE UNINTERRUPTED, OR THAT PRODUCTS WILL MEET ANY PARTICULAR USER REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY, AND PROVIDES NO ASSURANCE, THAT THE PRODUCTS WILL MEET CERTIFICATION REQUIREMENTS OF ANY REGULATORY AUTHORITY OR OTHER ASSOCIATION LICENSING AGENCY, WITHIN OR OUTSIDE OF THE UNITED STATES.
Company warrants that for a period of thirty (30) days from the date of acquisition, the Product/Software, if operated as directed, will substantially achieve the functionality described in the Documentation. In addition, any security mechanisms implemented by Company's Product/software have inherent limitations, and User must determine that the Product/Software sufficiently meets User's requirements. Company also warrants that the media containing the Product/Software, if provided by Company, is free from defects in material and workmanship and will so remain for thirty (30) days from the date User acquired the Product/Software. Company's sole liability for any breach of this warranty shall be, in Company's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Product /Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the purchase and license fee User paid for the Product/Software. Repaired, corrected, or replaced Product/Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Product/Software, or if longer, for thirty (30) days after the date (a) of shipment to User of the repaired or replaced Product/Software, or (b) Company advised User how to operate the Product/Software so as to achieve the functionality described in the Documentation. User must inform Company of any problem with the Product/Software during the applicable warranty period and provide evidence of the date User purchased a license to the Product/Software will Company be obligated to honor this warranty. Company will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified.
7. LIMITATION OF LIABILITY. Except as specifically provided herein, neither the Company, its affiliates, resellers, agents, or licensors, if any, shall be liable for any claim, demand or action arising out of, or relating to, the User's use of the Products or the Company's performance of (or failure to perform) any obligation under this Agreement or for special, incidental or consequential damages, including, without limitation, damages due to lost revenues or profits, business interruption, or other damages caused by User's inability to use the Products, even if the Company, its affiliates, resellers, agents, or licensors have been advised of the possibility of such loss or damages, and whether or not such loss or damages is or are foreseeable.
8. EXPORT LAW. The Company's Products are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Unless in compliance with applicable law and specifically authorized in writing by the Company prior to any Product access, the User shall not export the Products under any circumstances whatsoever. In any case, the User will indemnify and hold the Company harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorney's fees) arising from, or relating to, any breach by the User of the User's obligations under this section.
9. GOVERNING LAW, JURISDICTION AND VENUE. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into, and to be performed entirely in California by California residents. Any legal suit, action or proceeding arising out of, or relating to this Agreement, shall be commenced in a federal court in San Diego, California or in state court in San Diego County, California, and each party hereto irrevocably submits to the personal and exclusive jurisdiction and venue of any such court in any such suit, action or proceeding and waives any right which it may have to transfer or change the venue of any such suit, action or proceeding, except that in connection with any suit, action or proceeding commenced in a state court, each party retains the right to remove such suit, action or proceeding to federal court to the extent permissible. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
10. ATTORNEY FEES. If any legal action or proceeding is brought for the enforcement of this Agreement or arises from the alleged breach, dispute, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorney's fees and other costs incurred as a result of such legal action or proceeding.
11. WAIVER. No failure to enforce any term of this Agreement shall constitute a waiver of such term in the future unless such waiver so provides by its terms.
12. ASSIGNMENT. Neither this Agreement nor any of the User's rights or obligations hereunder may be assigned by the User in whole or in part without the prior written approval of the Company. Any other attempted assignment shall be null and void.
13. SEVERABILITY. If any part of this Agreement is for any reason found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected and same shall remain in effect.
14. COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between the Company and the User with respect to its subject matter, and supersedes and voids any proposal or prior agreement, oral or written, and any other communications between the parties in relation to its subject matter. No waiver, alteration or modification of this Agreement shall be valid unless made in writing and signed by a corporate officer of the Company.
(Rev 61010)
EquityMarker is the comprehensive analytical foreclosure database software that is simple and easy to use. As leading foreclosure software EquityMarker actually seeks out equity. Thousands of clients use our software nationwide to assist and manage their foreclosure buying efforts. EquityMarker works for buying properties in any stage of foreclosure process: Notice of Default (NOD),Notice of Trustee Sale (NOS); Bank owned properties (REO's); and works for non-foreclosures properties. With the built-in Check List, EquityMarker walks you through the due-diligence process for each property to make sure you don't miss a critical step.
EquityMarker introduces a number of amazing features to this brand this state-of-the-art software system. Upon importing records into the database, EquityMarker instantly determines the approximate market value of each property, then tallies the amount of known debts and calculates a probable debt-to-value (DTV) and loan-to-value (LTV) ratios. These ratios are the key to finding real equity in any foreclosure and non-foreclosure opportunities. EquityMarker then calculates the probable current balance of all loans, using researched average loan interest rate tables for every calendar year that can be modified, or updated by you. EquityMarker will import, post and evaluate up to six loans on each property as well as IRS liens, property taxes and other liens of record. EquityMarker evaluates and re-evaluates the DTV and LTV ratios with each new piece of imported data, or entered information. An important feature of EquityMarker is valuation by zip code. Some foreclosure data lists do not include assessor's parcel numbers or street map coordinates, so it's now possible to determine value by way of neighboring properties located in the same zip code as the subject property.
EquityMarker works with a variety of data formats (.dbf, .csv, .txt, .xls, .xlsx). Like a high performance engine EquityMarker runs data like fuel for foreclosures and non-foreclosure records (leads) and comparables market sales (comps) for local market areas. Real estate leads and comps are available from difference sources, locally and nationwide at a reasonable price and or from the Multiply List Service (MLS) which may be obtained from a realtor for free. Once leads loaded into the software database EquityMarker takes it from there, providing all of the information and analysis in logical and straightforward screen presentations.
EquityMarker can sort through hundreds of foreclosure records, based on any combination of complex variables, and quickly find just those deals that meet your parameters. With its property valuation, loan ranking, balance and calculation features, EquityMarker will save countless hours of time and legwork in tracking down and analyzing prospective real estate opportunities. EquityMarker provides clients the ability to prioritize properties as they qualify and upgrade their level of interest in a property. Track, group, organize, manage, build, evaluate, manipulate, analyze, merge and archive an ocean of data and all of your foreclosure and non-foreclosure records. It even checks for duplicates, or subsequent foreclosure notices against every record in the database. With a click, records can be compared as EquityMarker shows you just those fields of data that have new or different information, then allowing you to update the original master, delete or keep both records. This is a tremendous time saving feature for tracking and updating postponements, bankruptcies and subsequent notices on the same property or loan. The Notepad feature includes date stamping and topic buttons to make note taking easier and more efficiency.
EquityMarker Mail Manager maintains a mail queue for form letters in logical groups (NOD, NOS, Trustee, Trustor, Beneficiary) that you can customize with a delayed sequencing for export and mailing. Once a property has been checked into any of the queues, you can forget about it, as EquityMarker automates exporting records on the appropriate day for mailing, and even logs a record of the letter type and date sent. The comprehensive Contact system ties trustees, trustors, beneficiaries, title companies, government, contractors, supplier contacts together, fully integrating each contact with one, or many properties that they may be involved in.With a few clicks, information can be exported to Microsoft Outlook. Reminders, trustee sales, reinstatement and critical date deadlines can all be posted into Outlook, complete with automatic population of the form (APN, address, purpose of deadline or event).
EquityMarker automatically maps any property location, providing street level and aerial views saving traveling time and fuel. The mapping feature can be used to view foreclosure and retail properties for sale in the subject property neighborhood. Unlimited photos can be stored per property, with the featured photo instantly appearing on main screen for a handy reminder of which property was which.
The Improvement function of EquityMarker incorporates hundreds of commonly repaired items, in clearly organized groups, that you can establish with your typical preferences of material grades and labor costs. In minutes, you can click on those items intended for repair, or improvements, and EquityMarker will incorporate them into concise reports. A Bid Analysis incorporates the repair costs, predicted resale price, sales costs and your anticipated bid, or purchase price together for an at-a-glance bottom-line profit analysis.
EquityMarker can be customized to fit a client's need. Within the EquityMarker database customs screens, forms, tables and other usefully objects may be provided to clients on a case-by-case basis for a onetime reasonable fee.
EquityMarker uses the latest means to provide clients up -to-date Help features. EquityMarker uses short length training videos to help clients jump start their efforts and maintain knowledge of the EquityMarker software program. These features serve to help every user a hassle-free learning curve to getting the system up and running.Focus your time, efforts and resources on those properties with "real" equity in them.Remember, the only thing worse than not using EquityMarker, is competing against someone who does!
Screenshots (Click on monitor)
