Thank you for your interest in agentsflyers.com websites. Whether you using one of our created websites or viewing our agentsflyers website to look for a home/property, or advertising the sale of one, we hope our websites will be of service to you. Agentsflyers.com posts advertising flyers for real estate agents (“Agents”) on the agents individual sites, created and hosted by agentsflyers.com. Our goal is to provide individuals interested in purchasing a home/property with immediate access to information regarding homes/properties for sale.
As with any service over the Internet, we want our Agents and customers to understand the terms and conditions for the use of the agentsflyers.com website (“Site”), and the individual websites that have been created by agentsflyers.com. Please read the following information carefully, as it is a legal agreement between Valerie and Gary Turner, dba Val’s Graphic Assistance and agentsflyers.com (“AF” “us” “we” or “our”) and You, regarding the terms and conditions (“Terms”) applicable to the Site. “You” shall refer to all users of the Site who post flyers through the Site and those persons who otherwise access the Site for information.
By browsing or accessing the information and services of this Site, You acknowledge reading, understanding and agreeing to be bound to the Terms and to comply with all applicable laws and regulations. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.
AF is not a registered real estate agency, real estate broker or agent and does not provide real estate advice or legal advice. Inquiries regarding information published on this Site should be directed toward the listed real estate agent, or to the licensed professional of your choice. AF receives no commission upon the sale of any property published on its Site, and it does not represent the buyer, seller or Agent in any way.
Rules and Conditions for Posting Flyers
Agents wishing to post on the Site shall contact us and submit information via email, facsimile or telephone. Agents are responsible for providing true, accurate, current and complete information during the submission process and agree to provide and update such information to keep it true, accurate, current and complete at all times. If any information provided is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate any information posted on your behalf and refuse to provide any current or future posting on your behalf.
All real estate properties advertised on the Site are subject to the Federal Fair Housing Act of 1968, which makes it illegal to advertise any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination. By contracting for our services, Agents warrant and represent that properties advertised are available on an equal opportunity basis.
All Agents agree to pay website design and/or posting fees in advance of posting. Agents may pay for design based on the content of the website. Posting is charged on a monthly basis and shall be made every thirty days from the date the website is posted, until the Agent cancels the website. Users can cancel their listing by sending a cancellation request via e-mail at least one (1) business day prior to renewal date. Direct all cancellation requests to: firstname.lastname@example.org
Agents submitting flyers represent they are the rightful owner of such information and are granting AF the right, license and privilege to use such information for our Services. While we have no obligation to monitor or to review information contained on flyers, we retain the right to reject information deemed inappropriate or the use of which will violate the Terms. You hereby grant to AF a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect a flyer posted on the Site on your behalf to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you.
We are a distributor (and not a publisher) of flyers supplied by Agents or other users of the Services. Accordingly, we have no control in any respect of any information, products, or services offered by third parties. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including flyers posted on the Site, are those of the respective authors or distributors of that information and not of AF. We do not endorse and are not responsible for the accuracy or reliability of any information contained on a flyer posted on the Site.
WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO, THROUGH, OR AS THE RESULT OF THE SERVICES.
Rules and Conditions for all users
You agree not to use the Services to do any of the following: violate any local, state, national or international law; stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications; collect, harvest or store personal data about other users, including email addresses or contact Agents for any purpose other than responding to the content posted by such Agents; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; and submit, post, or transmit any information that (a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) infringes the intellectual property rights of a third party; (d) is unsolicited advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the like; or (e) is a survey, contest or game of chance.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are provided for your personal, noncommercial use only.
Certain names, logos, and other materials displayed on the Site and in and through the Services constitute trademarks, trade names, service marks or logos (“Marks”) of AF or other entities. You may print and download portions of information from this website for your own internal, non-commercial use, all other use of the Marks is prohibited. Ownership of all such Marks and the goodwill associated therewith remains with us the Agent or other third parties whose information is contained on a flyer.
You acknowledge and agree that all information contained in or presented through the Services by AF or its customers, advertisers or sponsors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by AF or its customers, advertisers or sponsors. Except as expressly authorized by AF or its customers, advertisers or sponsors, you agree not to modify, reproduce, republish, rent, sell, offer to sell, distribute or create derivative works based on the Site, in whole or in part. You must abide by all copyright notices, information, or restrictions contained in or attached to any flyer.
Digital Millennium Copyright Act Notices
AF complies with the Digital Millennium Copyright Act. Notifications of claimed copyright infringement should be sent to email@example.com.
Representations and Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES.
WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (D) DEFECTS IN THE SERVICES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AF OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN
You agree to indemnify, defend and hold harmless AF, its agents and affiliates or other partners, employees, or consultants from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew or should have known of the possibility of such damages), arising out of or in any way related to: (a) any information you (or anyone using your account) submits, posts or transmits or accesses through the Services including, but not limited to, for any errors or omissions contained thereon, or your use of or reliance on information posted, emailed or otherwise transmitted through the Services; (b) your use of or inability to use the Services or failure to safeguard your access to the Services; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity; (e) statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights; (f) termination of your access to or use of the Services as provided herein; (g) any modification, suspension or discontinuance of the Services (or any part thereof) or these terms; (h) use of or reliance on any information available on any other web sites accessed through the Services; and (i) any other matter relating to the Services or these Terms.
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 and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law .
Our provision of a link to any other website is for your convenience and does not signify our endorsement of such other web site or its contents. Any concerns you may have regarding any external link should be directed to that link’s web site administrator. AF SHALL NOT BE LIABLE FOR ANY INFORMATION OR LINKS FOUND AT ANY OTHER INTERNET LOCATION OR FOR YOUR USE OF SUCH INFORMATION.
The Terms constitute the entire, exclusive, and final statement of the agreement between you and AF with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements between you and AF with respect to the subject matter hereof. These Terms and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising between you and AF will be submitted to binding arbitration in San Luis Obispo County, California in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes. AF’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 that the other provisions of the Terms remain in full force and effect. You agree 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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
We may change the Terms from time to time without prior notification to you. Each time you access the Site you will be governed by the Terms then in effect. All changes will be posted on the web page governing Terms from time to time. Once changes are posted, your sole recourse shall be to cease accessing the Site or using the Services. Continued use of the Site or Services following any such changes shall constitute your agreement to be bound by all changed Terms, without limitation or qualification. In addition, particular portions of the Services may be governed by additional terms and conditions, which will appear upon accessing such Services. Therefore, you should review all terms and conditions applicable when using the Site and any additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access specific Services.
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