Terms and Conditions
1. Acceptance of Terms
2. Description of Service
The Service is an online, internet based magazine designed to help REALTORS and other sales professionals and organizations keep in touch with their clients and prospects automatically on a monthly basis. Subscriber agrees that The Service may include certain communications from Host Provider, such as service announcements and administrative messages, and that these communications are considered part of The Service and Subscriber may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance The Service, shall be subject to the TOS. Subscriber understands and agrees that The Service is provided "AS-IS" and that Host Provider assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any of Subscriber's communications or personalization settings. Subscriber is responsible for obtaining access to The Service and that access may involve third party fees (such as Internet service provider or airtime charges). Subscriber is responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, Subscriber must provide and is responsible for all equipment necessary to access The Service.
3. Billing and Payment Terms - Not Applicable with Valid Promo Codes
Subscriber will be billed monthly at the rate specified. Subscriber agrees to allow Host Provider to charge the monthly billing to a credit card provided by Subscriber for that purpose unless otherwise arranged and approved by Host Provider. A paid invoice will be sent via email to Subscriber each month showing the total charges.
4. Account, Password and Security
Subscriber will receive a password and Account upon completing the registration process. Subscriber is responsible for maintaining the confidentiality of the password and Account, and is fully responsible for all activities that occur under Subscriber's password or Account. Subscriber agrees to (a) immediately notify Host Provider of any unauthorized use of Subscriber's password or Account or any other breach of security, and (b) ensure that Subscriber logs off at the end of each session. Host Provider cannot and will not be liable for any loss or damage arising from Subscriber's failing to comply with this Section.
5. Subscriber Conduct
Subscriber agrees to not use The Service to: upload, post, email, transmit or otherwise make available any content ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; upload, post, email, transmit or otherwise make available any Content that Subscriber does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt The Service or servers or networks connected to The Service, or disobey any requirements, procedures, policies or regulations of networks connected to The Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. Subscriber acknowledges that Host Provider may or may not pre-screen Content, but that Host Provider and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via The Service. Without limiting the foregoing, Host Provider and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. Subscriber agrees that Subscriber must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Subscriber acknowledges, consents and agrees that Host Provider may access, preserve, and disclose Subscriber's Account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to Subscriber's requests for customer service; or (e) protect the rights, property, or personal safety of Host Provider, its Subscribers and the public. Subscriber understands that the technical processing and transmission of The Service, including Subscriber's Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Subscriber understands that The Service and software embodied within The Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Host Provider and/or content providers who provide content to The Service. Subscriber may not attempt to override or circumvent any of the usage rules embedded into The Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on The Service, in whole or in part, is strictly prohibited.
Subscriber agrees to indemnify and hold Host Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content Subscriber submits, posts, transmits or makes available through The Service, Subscriber's use of The Service, Subscriber's connections to The Service, Subscriber's violation of the TOS, or Subscriber's violation of any rights of another.
7. No Resale of Service
Subscriber agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of The Service, use of The Service, or access to The Service unless approved in writing by Host Provider.
8. Modifications to Service
Host Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Service (or any part thereof) with or without notice. Subscriber agrees that Host Provider shall not be liable to Subscriber or to any third party for any modification, suspension or discontinuance of The Service.
Subscriber agrees that Host Provider may, under certain circumstances and without prior notice, immediately terminate Subscriber's Account and access to The Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by Subscriber (self-initiated account deletions), (d) discontinuance or material modification to The Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) Subscriber having engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by Subscriber in connection with The Service. Termination of Subscriber's Account includes (a) removal of access to all offerings within The Service (b) deletion of Subscriber's password and all related information, text associated to codes, activity reports and content associated with or inside Subscriber's Account (or any part thereof), and (c) barring further use of The Service. Further, Subscriber agrees that all terminations for cause shall be made by the sole discretion of Host Provider and that Host Provider shall not be liable to Subscriber or any third-party for any termination of Subscriber's Account or access to The Service.
10. Host Provider Proprietary Rights
Subscriber acknowledges and agrees that The Service and any necessary software ("Software") used in connection with The Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Host Provider, Subscriber agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on The Service or the Software, in whole or in part.
11. Disclaimer of Warranties
SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT: SUBSCRIBER'S USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOST PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOST PROVIDER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET SUBSCRIBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM HOST PROVIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. Limitation of Liability
SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT HOST PROVIDER SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOST PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER'S TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
13. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO SUBSCRIBER.
14. No Third Party Beneficiaries
Subscriber agrees that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Host Provider may provide Subscriber with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
16. General Information
Entire Agreement. The TOS constitutes the entire Agreement between Subscriber and Host Provider and governs Subscriber's use of The Service, superseding any prior agreements between Subscriber and Host Provider with respect to The Service. Choice of Law and Forum. The TOS and the relationship between Subscriber and Host Provider shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions. Subscriber and Host Provider agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Laramie, Wyoming. Waiver and Severability of Terms. The failure of Host Provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. Subscriber agrees that Subscriber's account is non-transferable and any rights to Subscriber's Account or contents within Subscriber's Account terminate upon Subscriber's death. Upon receipt of a copy of a death certificate, Subscriber's Account may be terminated and all contents therein permanently deleted. Statute of Limitations. Subscriber agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations to firstname.lastname@example.org.