1. Right to Contract
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a. You represent that you are of legal age and capacity to form a binding contract
and are not a person barred from receiving information, services or products under
the laws of the United States or other applicable jurisdiction.
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2. Notice
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a. Notices by MLSFlyers.com to customers shall be given by means of electronic messages
or by a general posting on the site.
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b. Notices by customers to MLSFlyers.com shall be given by electronic messages unless
otherwise specified in the agreement.
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c. All questions, complaints, or notices to MLSFlyers.com by means of electronic
message must be sent using our contact form. (click here)
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3. Access and Use of MLSFlyers.com
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a. Access to the Email Flyer creation area requires you to open an account, and
you must complete the registration process by providing current, complete and accurate
information as prompted by the applicable registration form. You then choose a password
and user name.
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b. You agree to provide accurate and truthful information when creating your account
and when creating any Email Flyers.
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c. MLSFlyers.com grants you a non-exclusive, non-transferable, limited right to
access and use the Email Flyer creation application accessible once an account is
created.
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d. You are entirely responsible for maintaining the confidentiality of your password
and account. Your subscription, username and/or password may not be assigned or
transferred to any other person or entity.
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e. You must promptly inform MLSFlyers.com of any apparent breach of security, such
as loss, theft, or unauthorized disclosure or use of a username or password.
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f. Until MLSFlyers.com is notified by email or by telephone of any breach in security,
you will remain fully liable for any unauthorized use of the web site.
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g. You may not use anyone else's account at any time.
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h. You agree that, upon becoming aware that your password or account is (or possibly
is) being used without authorization, you agree to immediately change your password
and notify MLSFlyers.com by using our contact form
(click here).
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i. You agree to pay the rate specified in the offer to you, and you agree that MLSFlyers.com
has no liability for any delays, omissions, inaccuracies or failures relating to
products or services not directly provided by MLSFlyers.com
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4. Accuracy of Content at MLSFlyers.com
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a. MLSFlyers.com will use reasonable efforts to include only accurate and up to
date information on this web site, such as pricing information, but it makes no
warranties or representations about accuracy.
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b. Neither MLSFlyers.com nor any of its agents makes any warranties, express or
implied, about results obtained from use of our Email Flyer services.
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5. Email Flyers Policy
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a. Customer grants permission to MLSFlyers.com to distribute customer's Email Flyers
to the Marketing Area(s) that were selected during the Email Flyer creation process.
It is customer's responsibility to ensure Email Marketing is not against the policy
of any Associations to which they may belong.
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b. Customer agrees to take full responsibility for content, including spelling and
accuracy of information. Customers are required to approve each Email Flyer. By
clicking the "approve button at the end of the Email Flyer creation page, customer
certifies the full content of the Email Flyer. Certification of the content by Customer
precludes refunds or credits due to content mistakes.
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c. Customer agrees that Customer is fully authorized to use any image uploaded to
our server and/or used in the Email Flyer. Images created by any other person are
not authorized unless licensed. It is the customer's sole responsibility to ensure
they have proper authorization to use images in their Email Flyers.
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d. MLS, Map, and Virtual Tour hyperlinks must be used in accordance with their label.
Hyperlinks to unrelated web pages are not permitted and may be removed without notice
by MLSFlyers.com prior to distribution.
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e. MLSFlyers.com allows for customers to send copies of Email Flyers to peers or
clients on a limited basis. A maximum of 25 copies of an Email Flyer may be distributed
in this manner. Additional copies may incur an additional fee of $1.00 per Email
Flyer sent.
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f. Email Flyers must be scheduled for delivery within 6 months of purchase. Unused
Email Flyers will expire after a 6-month period. Refunds will not be given for expired
Email Flyers.
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g. MLSFlyers.com website and associated services may only be used for lawful purposes.
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h. Customer agrees, at its sole expense, to defend MLSFlyers.com against and to
hold MLSFlyers.com harmless from any claims or suits by any party, arising from
services provided to customer by MLSFlyers.com.
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6. Email Flyer Content Ownership
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a. You agree that you will only submit content for Email Flyers that contains your
own name, your own property or properties and your own image or images. Before submitting
any content for Email Flyers with more than one person's name, property or image,
you must seek and receive specific written permission from that other person and
present proof of the written permission to MLSFlyers.com.
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7. Email Lists and Marketing Areas
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a. As MLSFlyers.com does not have any affiliations with any Realtor® Association,
we do not guarantee that all members of a particular Realtor® Association are included
in our Marketing Areas lists.
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b. Refunds are not given when specific individual(s) do not receive MLSFlyers.com
Email Flyers.
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c. MLSFlyers.com is not responsible for inconsistencies due to blocks, filters,
or other software that may limit email delivery.
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8. Email Flyer Deliverability
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a. MLSFlyers.com is constantly monitoring its email deliverability to various service
providers. Due to the nature of email marketing, MLSFlyers.com cannot guarantee
100% email deliverability 100% of the time.
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b. On occasion, service providers implement updates that may permanently or temporarily
prevent Email Flyers from reaching their ultimate destination. In the event that
one or more Email Flyers is not delivered due to Service Provider updates, MLSFlyers.com
will either the credit Customer pro-rata, or will attempt delivery again at the
option of MLSFlyers.com.
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9. MLSFlyers.com Affiliations
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a. MLSFlyers.com is not affiliated with any National, State, or Local Association
of REALTORS®, or any Multiple Listing Service.
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10. Confidentiality of Member Information
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a. You agree that any communication or material transmitted to MLSFlyers.com via
this web site or Internet email is not confidential and that your communications
may be read by others.
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b. Communication or material sent to MLSFlyers.com, its owners or agents may be
used in any manner it sees fit, whether posting, publication, reproduction, broadcast
or submission to proper legal authorities.
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11. Payment Policy
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a. Payment for goods, services and/or materials provided to you at or through this
web site may be made by credit card and you hereby authorize MLSFlyers.com and its
agents to transact such payments on your behalf.
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b. You further authorize MLSFlyers.com to charge your credit card (or other approved
method) for any and all purchases of Email Flyers.
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c. You agree not to report as lost or stolen any credit card which you have used
in conjunction with payment to MLSFlyers.com for any goods or services for which
you do not have good reason to believe is, in fact, lost or stolen.
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d. You agree not to report a charge made by MLSFlyers.com to your credit card as
unauthorized for any goods or services for which you do not have good reason to
believe is, in fact, unauthorized.
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e. You agree that you will not seek and that MLSFlyers.com need not provide any
refund of payments made pursuant to this agreement except as specified.
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f. You hereby agree that any such fraudulent reporting of a lost or stolen credit
card used to obtain goods or services from this web site results in your liability
to MLSFlyers.com for liquidated damages of Twenty Five Thousand Dollars ($25,000.00).
The liability for liquidated damages specified in this Paragraph shall not limit
any other liability you may have for breach of any other terms, conditions, promises
and warranties set forth in this Agreement.
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g. You hereby agree that any such fraudulent reporting of an unauthorized charge
to MLSFlyers.com on your credit card which has been made by you or anyone under
your authority, at a time when a charge or other obligation for payment for goods
and/or services to MLSFlyers.com remains outstanding at the time of such fraudulent
reporting, results in your liability to MLSFlyers.com for liquidated damages of
Twenty Five Thousand Dollars ($25,000.00). The liability for liquidated damages
specified in this Paragraph shall not limit any other liability you may have for
breach of any other terms, conditions, promises and warranties set forth in this
Agreement.
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12. Assignability and Transferability
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a. Your account username and/or password may not be assigned or transferred to any
other person or entity.
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b. You must promptly inform MLSFlyers.com of any apparent breach of security, such
as loss, theft, or unauthorized disclosure or use of a username or password.
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c. Until MLSFlyers.com is notified by e-mail or by telephone of any breach in security,
you will remain fully liable for any unauthorized use of the web site.
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13. Account Information Property Rights
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a. By submitting information to create an MLSFlyers.com account you represent and
warrant that the submitted account information is accurate; you own or have permission
to use what you submit; and that use of the submission will not cause injury to
any person or entity.
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b. You agree to indemnify and hold harmless MLSFlyers.com and all its agents for
any liability arising from your submitted account information.
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14. MLSFlyers.com Liability for Third-Party Actions
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a. Neither MLSFlyers.com nor any of its online service providers shall have any
liability for the actions or inactions of third parties, partners or users of the
site.
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b. MLSFlyers.com shall not be liable for any third-party claims or losses of any
nature, including, but not limited to, lost profits, punitive or consequential damages.
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15. Cooperation with Law Enforcement
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a. When requested, MLSFlyers.com will cooperate fully with law enforcement agencies
in any investigation of alleged illegal activity on the Internet.
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16. Account Termination
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a. You agree that MLSFlyers.com may, under certain circumstances and without prior
notice, immediately terminate your MLSFlyers.com account, any associated email address,
and access to the web site. Cause for such termination shall include, but not be
limited to: |
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i. breaches or violations of this agreement, |
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ii. requests by law enforcement or other government agencies, |
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iii. a request by you, |
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iv. discontinuance or material modification to the web site (or any part thereof),
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v. unexpected technical or security issues or problems,
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vi. inappropriate content uploaded from your account, and
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vii. extended periods of inactivity.
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b. Termination of your MLSFlyers.com account includes: |
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i. removal of access to any and all create Email Flyers within the web site, |
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ii. deletion of your password and account information associated with or inside
your account (or any part thereof), and/or
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iii. barring further use of the web site.
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c. Further, you agree that all terminations for cause shall be made at MLSFlyers.com's
sole discretion and that MLSFlyers.com shall not be liable to you or any third-party
for any termination of your account, any associated email address, or access to
the web site.
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17. 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. You agree that access and use of MLSFlyers.com and the content thereof is at
your own risk and that you will be solely responsible for information transmitted
by you, whether by email or this web site.
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c. 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 anyone's access,
use or inability to use MLSFlyers.com, or any errors or omissions in the content
found therein. 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 One Hundred Dollars ($100.00.)
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d. 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, attorneys'
fees and costs.
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18. Waiver; Severability
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a. The failure of MLSFlyers.com to exercise or enforce any right or provision of
this agreement shall not constitute a waiver of such right or provision.
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b. If any provision of this agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other
provisions of this agreement remain in full force and effect.
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19. Entire Agreement
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a. Use of the information, services and products offered in the MLSFlyers.com web
site is expressly conditioned upon acceptance of this agreement. 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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20. Agreement Interpretation and Enforcement
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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 and agree that the federal and state courts of Santa Clara County,
California, shall have exclusive jurisdiction over such actions.
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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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21. Policies Incorporated by Reference
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a. The Authorized Use Policy and Privacy
Statement are incorporated herein by reference.
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