1. Your right to Access MLSFlyers.com Website
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a. MLSFlyers.com grants you a non-exclusive, non-transferable, limited right to
access, on the information on this web site, such as the Marketing Areas. In exchange,
you agree that MLSFlyers.com has only limited liability for damages you may incur
as a result of visiting the MLSFlyers.com web site.
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b. All information included at this web site is for the private use by visitors
only. No other uses are intended by MLSFlyers.com.
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c. Any use of this website that MLSFlyers.com does not intend the website to be
used for, is strictly prohibited.
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2. General Liability; Liability for Third Party Websites; Incidental
and Consequential Damages; Indemnity
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a. You agree that MLSFlyers.com does not have any liability for any delays, omissions,
inaccuracies or failures relating to products or services not directly provided
by MLSFlyers.com.
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b. You agree that access and use of this web site and the content thereof is at
your own risk.
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c. You agree that you will be solely responsible for information transmitted, whether
by email or this web site.
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3. Liability for Third Parties
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a. Neither MLSFlyers.com nor any other party involved in providing this web site
to the Internet community shall be liable for any direct, incidental, consequential,
indirect or punitive damages or damages of any kind arising out of any access, use
or inability to use this web site.
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b. Neither MLSFlyers.com nor any other party involved in providing this web site
to the Internet community shall be liable for any errors or omissions in the content
found therein, whether alone, or with or under the authority of any other person,
including, without limitation, any governmental agency or agencies.
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c. MLSFlyers.com will use reasonable efforts to include only accurate and uptodate
information on this web site, but it makes no warranties or representations about
accuracy.
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d. Neither MLSFlyers.com nor any of its agents makes any warranties, express or
implied, about results obtained from use of any information found on this web site.
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e. You agree that MLSFlyers.com does not have any liability for any delays, omissions,
inaccuracies or failures relating to products or services not directly provided
by MLSFlyers.com.
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4. Damages and Indemnity
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a. In states that do not allow the exclusion or limitation of incidental or consequential
damages, MLSFlyers.com's total liability to any one user for all damages, losses,
or causes of action shall not exceed $100.00.
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b. You agree to indemnify and hold harmless MLSFlyers.com, its owners and agents
from and against any and all liability and costs incurred in connection with any
claim arising out of any breach by you, including, without limitation, loss of revenue,
loss of property, fines, and/or attorneys' fees and costs, including, without limitation,
damages resulting from government prosecution, seizure, forfeiture, and/or injunction.
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5. Warranty
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a. THIS SERVICE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS
OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
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b. MLSFlyers.com offers no assurance of uninterrupted or error free service because
of events outside of our control, like ISP failure. MLSFlyers.com will limit any
interruptions of service to the least interruption possible.
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c. MLSFlyers.com does not warrant the accuracy or completeness of the information,
text, graphics, links or other items contained on this web site.
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d. MLSFlyers.com may change any of the information found at this site at any time
without notice. However, MLSFlyers.com makes no commitment to update the information
found at this site.
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e. In no event shall MLSFlyers.com be liable for any damages whatsoever (including,
without limitation, damages for loss of profits, business interruption, loss of
information) arising out of the use or inability to use the material or information
available on this site, even if MLSFlyers.com has been advised of such damages.
(Because some jurisdictions prohibit the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.)
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6. Termination of Access
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a. Access to this web site may be terminated at any time and without cause
by MLSFlyers.com.
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7. Trademarks and Copyrights
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a. Trademarks and service marks featured on MLSFlyers.com are displayed pursuant
to licenses obtained from the owners and/or holders of those trademarks and service
marks, and may not be used publicly without the express written consent of the owners
and/or holders of such trademarks and service marks.
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b. Materials on this web site are protected by federal copyright law and are protected
under treaty provisions and worldwide copyright laws.
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c. Materials contained in any part of this web site may not be reproduced, copied,
edited, published, transmitted or uploaded in any way without the written permission
of MLSFlyers.com or other appropriate copyright owner.
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d. Except as expressly stated in this agreement or the copyright notice, MLSFlyers.com
does not grant any express or implied right to you under any of its trademarks,
service marks, copyrights or other proprietary information.
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8. Use and Advertisement of this Website
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a. You may establish a hyperlink to this site and/or distribute, modify or re-use
the text or graphics of this site only after obtaining permission from MLSFlyers.com
allowing you to do so.
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9. Revision of Terms of Use
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a. MLSFlyers.com reserves sole discretion to revise these terms and conditions from
time to time by updating this page.
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10. Entire Agreement
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a. This agreement represents the entire agreement between you and MLSFlyers.com
and supersedes any and all other communications, prior, contemporaneous or subsequent,
and any course of performance or course of dealing, except as modified by revision
of this page or in writing signed by an authorized agent of MLSFlyers.com.
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b. The Privacy Statement, Refund Policy, and Copyright
Notice is herein incorporated by reference.
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11. Interpretation, Enforcement and Severability of Agreement
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a. Interpretation and enforcement of this agreement shall be governed by the laws
of the state of California.
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b. You consent to personal jurisdiction in the federal and state courts of Santa
Clara County, California, for any action arising out of or relating to your use
of this web site.
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c. In any such action, the prevailing party shall be entitled to recover all legal
expenses incurred in connection with the action, including, but not limited to,
its costs, both taxable and non-taxable, and reasonable attorneys' fees.
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d. In the event any portion of this agreement is held unenforceable, the unenforceable
portion shall be construed in accordance with applicable law as nearly as possible
to reflect the original intentions of the parties, and the remainder of the provisions
shall remain in full force and effect.
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Please continue to browse this website only if you agree to these Terms of Use.
If you DO NOT agree, please click the HOME button on your browser or
here to leave.
Effective Date: 3/6/2007
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