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USER AGREEMENT
(“Agreement”)

ACCEPTANCE OF TERMS THROUGH USE

By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site Go Smart Solutions, LLC reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. Go Smart Solutions LLC 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 or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.

YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email Go Smart Solutions LLC with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.

LICENSE TO USE THIS SITE

Upon your agreement to this Agreement, Go Smart Solutions LLC 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 and as permitted via instructions on this site. 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 Go Smart Solutions LLC 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 Go Smart Solutions LLC, 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.

LICENSE RESTRICTIONS

Use

Except as may be explicitly permitted through this site, 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 Go Smart Solutions LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Security

You agree that if you are issued a Username and Password by Go Smart Solutions LLC, 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, notifying Go Smart Solutions LLC immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and 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 Go Smart Solutions LLC shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

International Users

Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.

Export

You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

Government Use.

If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.

USER'S LICENSE GRANT TO SITE

Except with regard to personal information, all information, which you post on this site or communicate to Go Smart Solutions LLC through this site (collectively “Submissions”) shall forever be the property of Go Smart Solutions LLC. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by Go Smart Solutions LLC. Go Smart Solutions LLC 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, Go Smart Solutions LLC shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. 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.

TRADEMARKS

Go Smart Solutions LLC’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.

THIRD PARTY SITES

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 sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of Go Smart Solutions LLC, are not monitored or reviewed by Go Smart Solutions LLC, and Go Smart Solutions LLC is not aware of the contents of such sites. You acknowledge that Go Smart Solutions LLC 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 Go Smart Solutions LLC, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that Go Smart Solutions LLC 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 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 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. 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;
  • 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 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.

Permission Practices For Uploaded Lists
When sending newsletters or email flyers from our system to your own lists, you agree to import or add only permission based lists. You hereby agree that you shall not use purchased lists, scraped lists or any other list that does not include your clients, co-workers or others that have agreed to receive email marketing material from you. If you use an opt in feature that allows a recipient to confirm (double opt-in) that you have permission to send emails to him or her, and such recipient does not respond or confirm, you agree that you shall not send emails to that recipient. You agree that you shall not send any commercial electronic mail message to any person who has opted out or requested to not receive email from you or another sender on whose behalf you may be acting. You cannot copy an EmailFlyerAds template or any other features or functionality from our services and use them for any purpose other than sending email messages from 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 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.


DISCLAIMER OF WARRANTIES

Go Smart Solutions LLC, 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. Go Smart Solutions LLC, 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. Go Smart Solutions LLC, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE 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 Go Smart Solutions LLC, 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 Go Smart Solutions LLC, 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, Go Smart Solutions LLC, 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 Go Smart Solutions LLC, 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. Go Smart Solutions LLC 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 Go Smart Solutions LLC in asserting any available defenses.

LEGAL COMPLIANCE

Company 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, Company 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 Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.

CHOICE OF LAW AND FORUM

This site (excluding third party linked sites) is controlled by Go Smart Solutions LLC from its offices within the State of California, U.S. of America. It can be access 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 Go Smart Solutions LLC agree that the statues and laws of the California law 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 Go Smart Solutions LLC 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. Go Smart Solutions LLC 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 Go Smart Solutions LLC. 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.

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

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