Email Flyers - Terms

Flyer Terms and Conditions

We do not allow spam
In order to use our service you need to 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 related to the lists you send them to. If you send a flyer to a Real Estate Agent or Homebuyer list, your flyer must pertain to a property or business for sale. We do not allow referral 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. If you are unsure if your flyer will be accepted, you should first contact us before proceeding. Please click here for additional information on spam laws and rules.

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, trade mark, 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;
• 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 pre-screen, monitor, or edit the content posted by users of this site. 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.

This site 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
If we feel a flyer you create 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 is not appropriate, we have the right to delete it. We have the right to delete any flyer from our system and 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.

Implied Member Consent
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.

Go Smart Solutions, LLC and EmailFlyerAds.com, it's owners, and it's partner sites are not held liable
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 emailflyerads.com arising out of, related to or resulting from any services used on emailflyerads.com or from any flyers sent or received on emailflyerads.com

Email Scheduling
We do our best to send all flyers on the date and time they are scheduled. We, however, cannot guarantee a flyer will be sent on the exact date and time you schedule it. The timing will depend on 1.) Your own incoming e-mail service provider, 2.) Un-expected server or computer problems that we have no control over, 3.) How many other flyers are scheduled for the date/time that your flyer is scheduled for.

Email Delivery
EmailFlyerAds.com does not guarantee successful e-mail delivery to all e-mails in our lists or to any additional e-mails you place in your 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 was sent to, but we do not automatically add tracking features on who actually read or opened the e-mail unless you add the open tracking feature to your flyer.

We do not guarantee delivery to cox.net, hotmail, aol, yahoo or comcast e-mail accounts because these providers sometimes block e-mails due to bulk e-mail delivery and have their own filtering in place. These email providers choose which emails you receive based on their filters. Basically they block email for you before you even have a chance to get it, which causes you to potentially loose legit emails. Click Here to read more about this issue. Our list counts do not include these providers.

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 anytime. 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 they send out. We do not verify accuracy of flyer information. You are solely responsible to verify all information you receive from any and all flyers that come from or are created on our website.

Termination
We have the right to terminate your account at anytime. We have the right to terminate any flyers at anytime.

Refund Policy
Our system is an automated self-serve system that allows you to preview, approve and save your flyer before you pay and schedule it. Once your flyer is emailed out, clients understand that the service has been provided and there are no refunds. We urge all agents that have concerns regarding their flyer to save their "work in progress" flyer and contact us before paying and scheduling your flyer.

Disclaimer Of Warranties
You agree to use the site and service 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. Any information or files you download from the site are downloaded at your own risk. We will not be responsible for any damage to your computer system or loss of data.

US CAN-SPAM Compliant
Go Smart Solutions, LLC, EmailFlyerAds.com and its partner sites are fully US CAN-SPAM compliant under US existing laws.

You are required and 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 opt-out links at the top and bottom of each flyer so recipients can opt-out at anytime. All opt-out requests are removed within 48 hours.
2. Our mailing address is located at the bottom of each flyer, as well as a contact e-mail.
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 "EmailFlyerAds.com" and the "from" e-mail always comes from "flyers@emailflyerads.com"
5. EmailFlyerAds.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.

We have the right to add or modify these terms at anytime.