User Agreement

ACCEPTANCE OF TERMS

By using this site or by clicking "I agree" to this Agreement, you ("User") AGREE to the terms and conditions of this site. If you do not accept this Agreement please do not use this site and do not click "I agree". Since we change and amend this Agreement periodically, and we highly recommend you review the agreement for any changes. www.TheRealtyFlyers.com, a Division of DHI, Inc reserves the right to revise this Agreement. www.TheRealtyFlyers.com, reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement on this site by User. This Agreement applies to all users.

For purposes of the Agreement, the words "flyer" and "flyers" will be understood to include newsletters as well.

YOU MUST BE OVER 18 TO USE THIS SITE

Upon your acceptance of this Agreement, www.TheRealtyFlyers.com hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of www.TheRealtyFlyers.com, and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by www.TheRealtyFlyers.com, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.

Unless permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from www.TheRealtyFlyers.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

You shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential. You will notify www.TheRealtyFlyers.com immediately if you discover loss of or access to such information by another party not under your control and supervision, and by using a Password not easily guessed by a third party.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that www.TheRealtyFlyers.com shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

Except with regard to personal information, all information, which you post on this site or communicate to www.TheRealtyFlyers.com through this site (collectively "Submissions") shall forever be the property of www.TheRealtyFlyers.com. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by www.TheRealtyFlyers.com. www.TheRealtyFlyers.com shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, www.TheRealtyFlyers.com shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.

www.TheRealtyFlyers.com's, licensors' or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.

You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These other sites are not under the control of www.TheRealtyFlyers.com, are not monitored or reviewed by www.TheRealtyFlyers.com, and www.TheRealtyFlyers.com is not responsible for the contents of such sites. You acknowledge that www.TheRealtyFlyers.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by www.TheRealtyFlyers.com, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that www.TheRealtyFlyers.com and its licensors have no liability whatsoever from such third party sites and your usage of them.

Types of flyers allowed - we do not allow spam

In order to use our services you must be a licensed Realtor, Business Broker or Builder. We do not allow any For Sale By Owner flyers. By using our site and services you agree that all flyers you send out will be property for sale flyers. We do not allow referral flyers, service flyers, product flyers, special event flyers, recruitment flyers or any other flyers that do not advertise a property or business for sale. Accepted flyers are property for sale flyers, business for sale flyers, price reductions on property and open houses. All property flyers must also solely focus on the listing that is being sold and not advertise a service, product, referral, recruitment anywhere in the flyer. If you are unsure if your flyer will be accepted, you should first contact us before proceeding.

Site Submission Rules

By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site's rules or policies;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
• impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers;
• abuses any limits placed on the service by means of subterfuge including, but not limited to, use of multiple email addresses, multiple membership registrations, or any other means to gain access to the services over what is already provided.
• constitutes improper data entry known as "black hat" SEO or "spamdexing", use methods such as link farms and "keyword stuffing".

You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.

You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.

This site generally does not edit the content posted by users of this site. Flyers and newsletters submitted by the Users are reviewed for approval before being mailed to our lists. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site's sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.

You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.

www.TheRealtyFlyers.com reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.

We have the right to stop or remove ANY FLYER or NEWSLETTER, if we feel it is not appropriate for the list(s) you choose, we have the right to delete it. If we feel the content, style or graphics within your flyer or newsletter is not appropriate, we have the right to delete it. We have the right to delete any flyer or newsletter from our system and prevent it from being emailed. We have the right to remove it without your permission and may do so without first contacting you. You must be a licensed Realtor, Broker or Builder to use our service. We do not allow recruitment flyers, service flyers or for sale by owner flyers. We also do not allow flyers that advertise or link to FSBO websites or services.

All members who subscribe to our system or purchase our flyers agree to receive e-mails from emailflyerads.com and from other members purchasing our services. You may opt-out at anytime.

User shall hold www.TheRealtyFlyers.com, harmless of any claims.

You shall hold us harmless from and against any and all demands, claims, liabilities, causes of action, losses, costs and expenses (including attorneys fees, experts fees and costs) suffered by www.TheRealtyFlyers.com arising out of, related to or resulting from any services used on www.TheRealtyFlyers.com or from any flyers or newsletters sent or received on www.TheRealtyFlyers.com

Email Scheduling

Flyers and newsletters are reviewed within one business day of submission by the User. Upon approval, they are added to the queue to be emailed. We cannot guarantee your flyer or newsletter will be sent on the exact date it is approved. The timing will depend on:

1.) Un-expected server or computer problems over which we have no control 2.) The number of flyers or newsletters scheduled ahead of yours.

www.TheRealtyFlyers.com does not guarantee successful e-mail delivery to all e-mails in our lists. Successful e-mail delivery depends greatly on the receivers' e-mail settings and the internet provider of the receivers' e-mail account. If a receiver blocks HTML e-mails or e-mails that have photos or if an internet provider has limitations on how much bulk e-mail can be received, the receiver may not receive the e-mail. We also do not guarantee that our lists will contain every licensed Realtors' email address. If the Realtors' email address is not made publicly available to us then we will not have them in our lists. We do, however, provide a guarantee that all e-mails will leave our server. Once they leave our server we have no control over them. We have features in place that allow us to determine if, when and how many e-mails a flyer or newsletter was sent to, but we do not automatically add tracking features on who actually read or opened the e-mail.

Response and Email Campaign Success

We do not guarantee any type of response or successful leads on any e-mail campaigns that are sent through our system. The response you receive will depend greatly on the property or service you are offering and if it appeals to the receiver. The response success may vary greatly from one flyer to another.

Ability to Opt Out from future e-mailings

You have the ability to opt out at any time. All opt-outs will be processed within 48 hours of the opt-out request.

Email Flyer Information

We are not liable for any information members place on any flyers or newsletters they send out. We do not verify accuracy of flyer and newsletter information. You are solely responsible to verify all information you receive from any and all flyers or newsletters that come from or are created on our website. You cannot copy any templates, features, or functionality from the www.TheRealtyFlyers.com services. You may not use them for any purpose other than sending email messages through our system. It is your responsibility to ensure that your emails do not generate spam complaints.

Termination

We have the right to terminate your account at any time. We have the right to terminate any flyers or newsletters at any time.

Refund Policy

Our system is an automated self-serve system that allows you to preview, approve and proof your flyers and newsletters before you pay for it. Once your flyer or newsletter is emailed out, the service has been provided and there are no refunds. We urge all agents that have concerns regarding their flyers or newsletters to contact us before payment is made.

Disclaimer of Warranties

You agree to use the site and services at your own risk. The site and services are provided "As Is". We do not guarantee that the site or services will be free of problems, errors or bugs.

US CAN-SPAM Compliant

www.TheRealtyFlyers.com and its partner sites are fully US CAN-SPAM compliant under US existing laws.

You are required and held solely responsible for abiding by your own Real Estate Associations rules, members board rules, fair housing act and any other Real Estate laws. You are also solely responsible for abiding by your state's e-mail advertising policies and laws. We comply with the US CAN-SPAM laws and require you to do the same. Following are the procedures we have built into the flyers:

1. We place unsubscribe links at the bottom of each flyer and newsletter so recipients can unsubscribe at any time. Unsubscribe requests received through these links are processed immediately.
2. Our mailing address is located at the bottom of each flyer.
3. The subject lines of the e-mails are not misleading, non-deceptive, and clearly descriptive of the contents of the e-mail, which is relevant to the recipient's business.
4. The "From" field of all e-mails sent through us displays as "TheRealtyFlyers.com " and the "from" e-mail always comes from " Admin@TheRealtyFlyers.com "
5. www.TheRealtyFlyers.com or it's partner sites do NOT sell or distribute any personal or business information of any customers who order services through us, or any recipients who have opted out.
6. All flyer e-mails that leave our server have it clearly stated at the bottom of the flyer that the email is a business communication that is being received because the Real Estate Agent or potential homebuyer made their email address publicly available for the purpose of receiving communications regarding real estate business.

The above procedures help protect both us and our customers from breaking any spam laws.

DISCLAIMER OF WARRANTIES

www.TheRealtyFlyers.com, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. www.TheRealtyFlyers.com, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. www.TheRealtyFlyers.com, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL www.TheRealtyFlyers.com, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF www.TheRealtyFlyers.com, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, www.TheRealtyFlyers.com, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless www.TheRealtyFlyers.com, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. www.TheRealtyFlyers.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with www.TheRealtyFlyers.com in asserting any available defenses.

LEGAL COMPLIANCE

TheRealtyFlyers.com may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, TheRealtyFlyers.com may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and TheRealtyFlyers.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against TheRealtyFlyers.com for such disclosure.

CHOICE OF LAW AND FORUM

This site (excluding third party linked sites) is controlled by www.TheRealtyFlyers.com from its offices within the State of California, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from California, by accessing this site, both you and www.TheRealtyFlyers.com agree that the statutes and laws of the State of California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and www.TheRealtyFlyers.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English. www.TheRealtyFlyers.com makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

MISCELLANEOUS

This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of www.TheRealtyFlyers.com. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.