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Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on September 20, 2007.

This Terms of Use Agreement sets forth the standards of use of the Global Real Estate Marketing Online Service. By using the Global Real Estate Marketing and EmailAgentFlyers.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Global Real Estate Marketing and EmailAgentFlyers.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Global Real Estate Marketing and EmailAgentFlyers.com is providing Member with a multitude of internet marketing services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties

The site is provided by Global Real Estate Marketing and EmailAgentFlyers.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Global Real Estate Marketing and EmailAgentFlyers.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise Global Real Estate Marketing and EmailAgentFlyers.com shall have no liability for any interruptions in the use of this Website. Global Real Estate Marketing and EmailAgentFlyers.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Disclaimer regarding e-mails

Global real estate marketing group and emailagent flyers.com do not guarentee the delivery of all flyers ordered. There are e-mail filters that may stop flyers from entering your chosen realtor market. Global Real estate group will not be held responsible for e-mails that did not get delivered from spam filters,agents changing there e-mail addresses or any other privacy settings agents might have on there e-mail accounts. Global Real Estate Marketing group has a full time staff that keeps us on all of the white lists to increase our rate of success with the delivery rates.

4. Limitation of Liability

GLOBAL REAL ESTATE MARKETING AND EMAILAGENTFLYERS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR [INSERT NAME OF COMPANY] SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GLOBAL REAL ESTATE MARKETING AND EMAILAGENTFLYERS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

5. Endorsments on the flyers

Global Real Estate Marketing Group does not endorse any of the products that are entered in our e-mails. Global Real Estate markeeting group and emailagentflyers.com are not responsible for any of the products that are marketed through our web site. All clients are responsable for there own flyers and following correct guidlines and laws that apply in your state.

6. Indemnification

Member agrees to indemnify and hold Global Real Estate Marketing and EmailAgentFlyers.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

7.Right to cancel flyers

Global Real Estate Marketing Group and Emailagentflyers.com has the right to cancel any membership and flyer at any time. Global Real Estate Marketing Group follows strict spam laws and state laws about e-mail guidlines. We do not allow fraudulent material to be distributed through our e-mail system.

8. Modifications and Interruption to Service

Global Real Estate Marketing and EmailAgentFlyers.com reserves the right to modify or discontinue the Service with or without notice to the Member. Global Real Estate Marketing and EmailAgentFlyers.com shall not be liable to Member or any third party should Global Real Estate Marketing and EmailAgentFlyers.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts Global Real Estate Marketing and EmailAgentFlyers.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

9. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

10. Membership packages

Global Real Estate Marketing and EmailAgentFlyers.com offers a monthly membership package allowing clients to pay one monthly fee for a specified amount of included services. Clients utilizing this membership feature are subject to additional terms of use in reference to membership inclusions and payment processing and/or cancellation. EmailAgentFlyers.com agrees to provide email marketing services to members using the monthly subscription packages based on payment confirmation. EmailAgentFlyers.com is in no way obligated to sustain membership priviledges to clients whose memberships are delinquent. EmailAgentflyers.com additionally is not responsible for any refunds of subscription dues for memberships not cancelled in accordance with cancellation procedures. EmailAgentFlyers.com offers this membership package without contractual obligation allowing members to cancel their membership and corresponding payments at any time without incurring cancellation fees or penalties. However, EmailAgentFlyers.com reserves the right to require sufficient notification for cancellation prior to scheduled payment processing. If membership is cancelled at any time mid-cycle no amounts shall be prorated or refunded. Instead, the member will have full membership access as agreed for the remainder of the billing cycle. Billing will cease upon expiration of the current subscription mmonth. Additionally, no membership will be considered cancelled without receipt of written email confirmation of cancellation from EmailAgentFlyers.com member services department. EmailAgentFlyers.com shall offer participating clients with member subscriptions entitling participants use of email marketing services up to one flyer per calendar day not to exceed 31 flyers per month. Membership subscription dues encompasses flyer campaign distribution to areas selected in correspondence with the membership level chosen by each member. EmailAgentFlyers.com will under no circumstances prorate or reimburse members utilizing less than the maximum allowed flyers per monthly billing period. Any days/flyers not utilized by the member are forfeited automatically without recourse. EmailAgentFlyers.com in general is a fully self-service internet based service,therefore members understand that they retain full responsibility and accountability to utilize their membership priviledge for their own highest andbest use. EmailAgentFlyers.com does not imply nor guarantee daily flyer assistance by service staff. If you have any questions please contact us.

11. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Global Real Estate Marketing and EmailAgentFlyers.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Global Real Estate Marketing and EmailAgentFlyers.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

12. Governing Jurisdiction of the Courts of California

Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.

13. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

14. Copyright and Trademark Information [Optional clause]

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 Global Real Estate Marketing and EmailAgentFlyers.com, with all rights reserved, or is the property of Global Real Estate Marketing and EmailAgentFlyers.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Global Real Estate Marketing and EmailAgentFlyers.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Global Real Estate Marketing and EmailAgentFlyers.com.

Global Real Estate Marketing™ and EmailAgentFlyers.com ™ are proprietary marks of Global Real Estate Marketing and EmailAgentFlyers.com. Global Real Estate Marketing and EmailAgentFlyers.com’s trademarks may not be used in connection with any product or service that is not provided by Global Real Estate Marketing and EmailAgentFlyers.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Global Real Estate Marketing and EmailAgentFlyers.com.

All other trademarks displayed on Global Real Estate Marketing and EmailAgentFlyers.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Global Real Estate Marketing and EmailAgentFlyers.com.

15. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Global Real Estate Marketing and EmailAgentFlyers.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail

904 W. San Marcos Blvd, Ste 6
San Marcos, CA  92078

By Email:

support@emailagentflyers.com

16. Botnets

Global Real Estate Marketing and EmailAgentFlyers.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Global Real Estate Marketing and EmailAgentFlyers.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

17. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Global Real Estate Marketing and EmailAgentFlyers.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

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