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Terms of Use 1. ACCEPTANCE OF TERMS. eMarketing Experts, Inc., including all of its owners, directors, officers, managers, employees, staff, agents, affiliates, heirs, successors, assigns, vendors, and representatives, are hereinafter referred to as "eMarketing Experts, Inc." with "we", "our", "ours", and "its" as the respective pronouns for eMarketing Experts, Inc. The singular use of "site" is inclusive of both singular and plural reference to one or more website(s).
"Customer", "Member", and "User" hereinafter refers to real estate agent, REALTOR®, listing agent, Broker, Sales Associate, or any other commonly used designation for a licensed real estate sales person, or persons acting on behalf of said sales person. "Association", "Board of REALTORS®", "Board", or any other applicable and customary designation for professional associations of Real Estate Sales People are interchangeable and may be used in reference to the customer’s professional association.
For brevity and clarity of text, "you" may be used in place of "Customer", "Member", and "User"; "he" and/or "his" may be used regardless of sex of agent(s) and is inclusive of both singular and plural reference to one or more customer(s).
"Terms of Use", "Terms and Conditions", and "Terms of Service" are interchangeable. "Business Day" is defined as any day between Monday (incl.) and Friday (incl.) with the exception of legal US Holidays and other days as posted on our website (if applicable).
By using this site or our services, you signify your agreement to and acceptance of all terms, conditions, and notices contained or referenced herein (the "Terms of Use") and the applicability of the Terms of Use to you, your heirs, successors, assigns, or creditors. If you do not agree to these Terms of Use you may not use this site or our services. eMarketing Experts, Inc., reserves the right, at its discretion, to update or revise these Terms of Use. Please check these Terms of Use periodically for changes. eMarketing Experts, Inc., shall be under no obligation to notify you of any changes to these Terms of Use. Your continued use of this site or our services following the posting of any changes to the Terms of Use constitutes your acceptance of the original Terms of Use and any subsequent changes.
2. COPYRIGHT. All content featured and included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of eMarketing Experts, Inc., and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of eMarketing Experts, Inc., and protected by U.S. and international copyright laws. All software used on this site is the property of eMarketing Experts, Inc., or its software suppliers and protected by United States and international copyright laws. Furthermore: b) All eFlyers, eTours, eBanners, or any other work created and/or distributed by eMarketing Experts, Inc. remain the property of eMarketing Experts, Inc. Reverse engineering or any other means of capturing the code, regardless of computer and/or programming language, in part or entirely, constitutes a violation of our copyright. c) You may not use any part of an eFlyer, eTour, eBanner, or any other work created and/or distributed by eMarketing Experts, Inc. for distribution by any other means or company. 3. TRADEMARKS. The absence of a name or logo in this list does not constitute a waiver of any and all intellectual property rights that eMarketing Experts, Inc., has established in any of its products, features, or service names or logos.
4. MARKETING SERVICES. eMarketing Experts, Inc., is a provider of marketing services to licensed real estate sales people. We provide our services through the following domains (websites), subject to change without notice: www.emarketingexperts.net; www.emarketingexperts.us; www.emarketingexperts.info; www.eflyerexperts.com; www.eflyerexperts.net; www.expresseflyers.com; www.expresseflyers.net; www.etourexperts.com; www.etourexperts.net. Our services are available exclusively to licensed real estate sales people, builders, and developers advertising their real estate property listings to other licensed real estate sales people. Our services are not available to the general public, including but not limited to For Sale By Owner (FSBO) listings. Our services are not available for (including, but not limited to) recruitment flyers, referrals, flyers advertising businesses or business activities. All members pay eMarketing Experts, Inc., an advertising fee for our services. All members using our services represent and warrant that they have the express written permission of their client to advertise the subject property. Each member understands and agrees that eMarketing Experts, Inc., is an electronic email flyer delivery service provider and hereby authorizes eMarketing Experts, Inc., to send out email flyers to the persons listed in the proprietary email database of eMarketing Experts, Inc.
5. ABILITY TO UNSUBSCRIBE. Any recipient, user, or member may "unsubscribe" from receiving future emails from eMarketing Experts, Inc., or its advertisers and members. Any recipient who properly elects to unsubscribe will be removed from the eMarketing Experts, Inc., proprietary email database within 2 Business Days. If you continue to receive emails from us after the 2 Business Days have elapsed, please forward the entire eFlyer with "Remove" in the subject line. If you opt out of our service, you will no longer be able to use our services and/or to purchase and send eFlyers to other real estate agents. Anyone who desires to opt "back in" to our proprietary email database must go to the eMarketing Experts, Inc., "Join the Mailing List" link and again register into the eMarketing Experts, Inc., system.
6. MEMBERS’ CONSENT. You must be an active subscriber with one valid and active e-mail address registered to your name in our database in order to use our services and/or to purchase and send eFlyers to other real estate agents. All members who purchase our services consent to receiving emails from eMarketing Experts, Inc., and from other members purchasing our services. If you opt out of our email list, you can no longer continue using our services, and we will not send additional email flyers for you or on your behalf.
7. LOCAL LAWS. Each member using our services to send email to other realtors represents and warrants that our distribution of email flyers on their behalf does not violate any local, state, national, or professional association laws, bylaws, statutes, rules, or regulations. Each member acknowledges and agrees that anyone receiving an email flyer from eMarketing Experts, Inc., on behalf of the member may contact them (the member) regarding the real estate described in the flyer.
8. INDEMNITY. Each member shall indemnify, defend, and hold eMarketing Experts, Inc., harmless from and against any and all demands, claims, liabilities, causes of action, losses, costs, and expenses (including, but not limited to, attorneys’ fees, experts’ fees, and costs) suffered by eMarketing Experts, Inc., arising out of, related to, or resulting from the email flyers sent by eMarketing Experts, Inc., at such member’s request.
9. TIMING AND DELIVERY OF FLYERS. eMarketing Experts, Inc., does not warrant or guarantee that (a) every email flyer will be sent at a specified time, or (b) every email flyer will be received, read, or opened by the intended recipients. Each member understands and agrees that many problems can occur with email transmissions, including, but not limited to: power failures, internet service interruptions, DoS attacks, viruses, user errors, server problems, email delivery problems, email rejection by the recipient(s), anti-spam software, invalid email addresses, unsubscribed email addresses, computer glitches, hardware failures, software failures, mail-server configurations, lost emails, misdirected emails, bounced emails, and a host of other computer-related problems that are beyond the control of eMarketing Experts, Inc. Accordingly, every member agrees to hold eMarketing Experts, Inc., harmless from and against any and all claims, liabilities, causes of action, losses, costs, lost revenue, lost profits, and expenses (including, but not limited to, attorneys’ fees, experts’ fees, and costs) suffered by such member resulting from or related to the failure of any email flyers to be received or opened by the intended recipients. Customers are aware of, and agree to, that no refunds or credits will be given for perceived non-delivery of any flyer. A distribution log for any order, showing that distribution has commenced, concludes the order and distribution process.
10. REFUNDS AND CREDITS. All purchases and sales are final. No refunds in any form, including but not limited to, cash, check, credit card, money order. See section "MARKETING SERVICES" for types of flyers not allowed. If you are not sure, it is your responsibility to CONTACT US BEFORE MAKING YOUR PURCHASE. By placing your purchase you waive any claim to any credit, refund, or substitution to purchases. Open orders waiting for processing or customer approval do not accrue interest in any form. It is at the sole and exclusive discretion of eMarketing Experts, Inc., to make exceptions to this no refund policy. We are not obligated to honor any such requests. If we decide to agree to a refund, whether full or partial, by making your request you explicitly agree to a $20 service charge for each refund transaction requested by you and agreed to by eMarketing Experts, Inc. If the refunded amount would be less than this $20 service charge you explicitly agree to either waive the refund or to pay the $20 service charge before we will process the refund.
11. CREDIT CARD DISPUTES. Charges from eMarketing Experts, Inc., will appear on your credit card statement as eMarketing Experts (or similar) with our office phone number. We will contact you immediately either by phone or email should we receive notice of a dispute for services performed (your order). Upon identifying the validity of the charge, you agree to immediately contact your credit card company and to cancel the dispute. You also agree to resubmit payment for the original order plus a $25 service charge. In the event the customer does not resubmit payment for the original order, plus service charge, to eMarketing Experts, Inc. within 3 (three) business days of being contacted by us, we will assess a late fee equal to $5 per day for every day starting with the fourth business day after being contacted by us of the wrongfully disputed charge. Your account will be suspended and no further orders, including pending ones, processed and distributed until you have submitted the entire balance (original order plus any service charges, and late fees) for the order in dispute. In the event you refuse to resubmit payment and we opt to seek court damages (small claims or other) you agree to pay all court costs and related fees (including, but not limited to, attorneys’ fees, experts’ fees, collections agencies, and costs) including travel expenses and time at a rate of $300 per hour should eMarketing Experts, Inc. need to file suit against you with the appropriate Court (see CHOICE OF LAW AND FORUM below). If you initiate a second dispute or charge-back for any order for any reason, we will, at our sole discretion, close your account and retain any funds for all pending orders and apply them toward the wrongfully disputed order. We reserve the right to seek legal recourse to collect the outstanding balance if any. You agree to pay all court costs and related fees (including, but not limited to, attorneys’ fees, experts’ fees, collections agencies, and costs) including travel expenses and time at a rate of $300 per hour should eMarketing Experts, Inc. need to file suit against you with the appropriate Court (see CHOICE OF LAW AND FORUM below).
12. SUBSTITUTIONS OF PROPERTIES. Purchases are valid only for the property/listing submitted to eMarketing Experts, Inc. at the time of purchase and cannot be transferred, substituted, or otherwise exchanged for an alternate property/listing.
13. ASSIGNMENT OF PURCHASE. All purchases made are valid for and may be used only by the agent making the purchase and may not be shared with, transferred, or otherwise assigned to another party.
14. RIGHT TO REFUSE SERVICE. eMarketing Experts, Inc. reserves the right to refuse service for any reason at its own and exclusive discretion. eMarketing Experts, Inc. is under no obligation to state or disclose the reason for refusal of service. In the event of refusal of service, eMarketing Experts, Inc. shall make one attempt to notify the customer via electronic mail to the email address provided by the customer and cancel the purchase, and as its only and entire obligation, refund the purchase price, without interest, paid by the customer. Any such refund will be a) made to the credit card used to make the original purchase, and b) processed by us within ten business days of the original purchase. In no event shall eMarketing Experts, Inc. have any other obligations to the customer for refusal of service.
15. FINAL AUTHORITY. We limit distribution of all eflyers to once per week per property address regardless of which one of our websites you use to create the property flyer. You agree and give your consent without exception that eMarketing Experts, Inc.: a) Has the final and sole authority to schedule any flyer purchased through any of our websites for distribution; b) Has the final and sole authority to reject and/or change any email subject line, body headline(s), body text, and images requested and/or submitted by the customer; c) May cancel and void any order per "14. RIGHT TO REFUSE SERVICE". d) May refuse or cancel any previously approved and scheduled flyer per "14. RIGHT TO REFUSE SERVICE". You agree and give your consent without exception that all decisions made by eMarketing Experts, Inc. are final.
16. NO LIABILITY FOR SALE. Each member further agrees that eMarketing Experts, Inc., shall not be liable or responsible for the success or failure of any sale, price reduction, open house, or other marketing of any property or product advertised through email flyers sent by eMarketing Experts, Inc., or through the eMarketing Experts, Inc., distribution system. Under no circumstances shall eMarketing Experts, Inc., be liable or responsible for lost sales, lost profits, lost commissions, or any other losses or damages suffered by any member for any reason whatsoever, even if caused by eMarketing Experts, Inc., through negligence, gross negligence, or willful misconduct. The maximum amount of the eMarketing Experts, Inc., liability to any member for any reason or cause of action whatsoever shall not exceed the revenue paid to eMarketing Experts, Inc., by such member for the services of eMarketing Experts, Inc.
17. ACCURATE INFORMATION. a) All of the information and images contained in the email flyers distributed by eMarketing Experts, Inc., has been included at the request of the customer and has not been verified, confirmed, or validated by eMarketing Experts, Inc. Accordingly, eMarketing Experts, Inc., makes no representations or warranties concerning, and shall have no liability or responsibility for, any inaccurate information contained in the email flyers it distributes. b) We make every effort to include on your flyers the listing agent's contact and office information provided to us by the listing agent at the time of order placement. We may verify this information through public search functions with your local professional association but are under no obligation to do so. It is your responsibility to ensure and verify that all information that may be required by your local Board of REALTORS®, other local and state entities governing real estate advertisements, or individual office/franchise requirements is showing and correct at the time of approval for distribution. In the event of inclusion of erroneous, or omission of required information you agree to hold eMarketing Experts, Inc., harmless from and against any and all claims, liabilities, causes of action, losses, costs, lost revenue, lost profits, and expenses (including, but not limited to, attorneys’ fees, experts’ fees, and costs) resulting from such erroneous or omitted information. c) DIY (Do-It-Yourself) orders: we cannot change or correct the image(s) and flyer(s) provided by the customer for DIY orders. It is your responsibility to ensure and verify that all information required by your local Board of REALTORS®, other local and state entities governing real estate advertisements, or individual office/franchise requirements is showing and correct at the time of approval for distribution. In the event of inclusion of erroneous, or omission of required information you agree to hold eMarketing Experts, Inc., harmless from and against any and all claims, liabilities, causes of action, losses, costs, lost revenue, lost profits, and expenses (including, but not limited to, attorneys’ fees, experts’ fees, and costs) resulting from such erroneous or omitted information. d) Corrections after approval of final proof and distribution of flyer are not possible. A new order for a new flyer is required.
18. YOUR REGISTRATION OBLIGATIONS. In consideration of your use of the site and our services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the site at the time of your first purchase (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current, or eMarketing Experts, Inc., has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, eMarketing Experts, Inc., shall have the right to suspend or terminate your account and refuse any and all current and/or future use of the site or services or any portion thereof.
19. MEMBER ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account designation at the time of your first purchase. You are responsible for maintaining the confidentiality of the password(s) and account(s), and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify eMarketing Experts, Inc., of any unauthorized use of your password(s) or account(s) or any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. eMarketing Experts, Inc., cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
20. TERMINATION. You agree that eMarketing Experts, Inc., at its sole discretion, may terminate your password(s), account(s) (or any part thereof), or use of its site(s) or its services, and remove and discard any content within the site(s), for any reason, including, without limitation, for lack of use or if eMarketing Experts, Inc., believes that you have violated or acted inconsistently within the letter or spirit of these Terms of Use. eMarketing Experts, Inc., may also, at its sole discretion, and at any time discontinue providing the site(s) or its services, or any part thereof, with or without notice. You agree that any termination of your access to the site(s) under any provision of these Terms of Use agreement may be effected without prior notice, and acknowledge and agree that eMarketing Experts, Inc., may immediately deactivate or delete your account(s) and all related information and files in your account(s) and/or bar any further access to such files or the site(s). Further, you agree that eMarketing Experts, Inc., shall not be liable to you or any third-party for any termination of your access to the site(s) or for your loss of any data or information you have stored on the site(s).
21. DEALINGS WITH ADVERTISERS. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our site(s), including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that eMarketing Experts, Inc., shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site(s). eMarketing Experts, Inc., offers one or more banner(s) on its flyers for sale to advertisers. eMarketing Experts, Inc., at its sole discretion may choose who can advertise and who cannot and may terminate any advertiser at any time for any reason. All user members of eMarketing Experts, Inc., hereby agree and understand that any banner is the sole property of eMarketing Experts, Inc., and eMarketing Experts, Inc., may activate any banner at any time on any flyer to sell advertising. The income and revenue derived from the sale of any of our banners is the sole property of eMarketing Experts, Inc.
22. LINKS. The site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because eMarketing Experts, Inc., has no control over such sites and resources, you acknowledge and agree that eMarketing Experts, Inc., is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that eMarketing Experts, Inc., shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
23. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMARKETING EXPERTS, INC., EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b) EMARKETING EXPERTS, INC., MAKES NO WARRANTY THAT: (i) THE SITE(S) OR SERVICES PROVIDED WILL MEET YOUR REQUIREMENTS; (ii) THE SITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE(S) OR THE SERVICES OF EMARKETING EXPERTS, INC., WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE(S) WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL(S) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE(S) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL(S).
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMARKETING EXPERTS, INC., OR THROUGH OR FROM THE SITE(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
24. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMARKETING EXPERTS, INC., SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EMARKETING EXPERTS, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE(S); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITE(S); (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE(S); OR (v) ANY OTHER MATTER RELATING TO THE SITE(S).
25. EXCLUSIONS AND LIMITATIONS. 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 OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
26. INDEMNIFICATION. Upon a request by eMarketing Experts, Inc., you agree to defend, indemnify, and hold harmless eMarketing Experts, Inc., all of its affiliated companies, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses (including, but not limited to, attorney's fees) that arise from your use or misuse of the site(s), including all email flyers and photographs shown thereon. eMarketing Experts, Inc., reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with eMarketing Experts, Inc., in asserting any available defenses.
27. COMPLIANCE WITH CAN-SPAM ACT OF 2003. eMarketing Experts, Inc., seeks at all times to comply with the requirement of the Can-Spam Act of 2003 and all other laws applicable to its services. eMarketing Experts, Inc., reserves the right to modify its services and these Terms of Use to maintain compliance with the Can-Spam Act of 2003 and all other local and federal laws applicable to its services, including any amendments or modifications thereto and the regulations promulgated thereunder. Consequently, eMarketing Experts, Inc., reserves the right to add to or modify these Terms of Use at any time. Any member who fails to opt out of the eMarketing Experts, Inc., email distribution program and proprietary email database shall be deemed to have read, understood, and agreed to all of these Terms of Use, including any amendments thereto.
28. MISLEADING INFORMATION. eMarketing Experts, Inc., reserves the right to refuse to transmit or distribute any email flyer that it believes to be misleading, deceptive, or otherwise not in compliance with applicable law in any way, including without limitation, any flyer that contains misleading header information, misleading email subject lines, enhanced, falsified, or plagiarized photographs, or in any way attempts to disguise its origin or the nature of the property depicted.
29. RIGHT TO OPT-OUT. eMarketing Experts, Inc., provides an "opt-out" or "unsubscribe" link on its website and on each flyer. Any recipient may submit an Internet-based request to not receive future emails from any party, and eMarketing Experts, Inc., will honor such requests as required by law. If you opt out of our service, you will no longer be able to use our services and/or to purchase and send eFlyers to other real estate agents.
30. BROKER INFORMATION. All members, at the time of purchase, shall be required to supply eMarketing Experts, Inc., with a valid name and complete, physical mailing address of the brokerage holding the agent’s valid real estate license.
31. PROPRIETARY RIGHTS. You acknowledge and agree that all content and materials available on our site(s) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary and intellectual property rights and laws. Except as expressly authorized by eMarketing Experts, Inc., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from our site(s) to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from eMarketing Experts, Inc., is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution of any materials or design elements on our site(s) is strictly prohibited without the express written permission of eMarketing Experts, Inc. For information on requesting such permission, please contact us at support(at)eMarketingExperts.net. eMarketing Experts, Inc., reserves the right to refuse permission for reproduction, copying, or redistribution of any materials or design elements on our site(s) for any reason.
32. CREDIT CARD PROCESSING eMarketing Experts, Inc., uses www.authorizenet.com to process its credit card transactions. You may click on the link to learn more about their services. eMarketing Experts, Inc., does not keep members’ credit card numbers in our electronic files. All services must be paid for in advance, and eMarketing Experts, Inc., will use commercially reasonable efforts to transmit email flyers at the time desired by the member, using automated software(s). eMarketing Experts, Inc., cannot promise or guarantee, however, that email flyers will be transmitted precisely at the time requested by the member. With regard to all other errors in service committed by eMarketing Experts, Inc.: eMarketing Experts, Inc., at its sole discretion, will correct the error and provide the same service without additional charge.
33. CHOICE OF LAW AND FORUM. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of our site(s) shall be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
34. MODIFICATIONS AND UPDATES TO TERMS OF USE. These Terms of Use of use may be modified or updated at any time. eMarketing Experts, Inc., shall be under no obligation to notify you of any changes to these Terms of Use; it is your responsibility to check these Terms of Use on a regular basis for any changes or updates. Your continued use of this site or our services following the posting of any changes to the Terms of Use constitutes your acceptance of the original Terms of Use and any subsequent changes.
35. PHOTOGRAPHS. If you elect to supply, either by email, uploading, or any other physical or electronic means, any photograph(s), image(s), and/or graphic(s) in order to add them to the email flyers created at your request, you represent and warrant to eMarketing Experts, Inc., all of the following: (a) you either own those photographs in their entirety or have due and lawful permission and authorization from the owner(s) thereof to use, upload, display, and distribute such photographs, and (b) the photographs are not misleading but are accurate depictions of the items depicted therein, and have not been modified or enhanced in any way. Member agrees to hold harmless, not liable, and defend at member's expense eMarketing Experts, Inc., its owners, directors, officers, managers, members, employees, agents, and representatives against any legal action brought against eMarketing Experts, Inc., its owners, directors, officers, managers, members, employees, agents, and representatives resulting from member's use of any photo(s), image(s), and/or graphic(s).
36. DISTRIBUTION OF FLYER IS FINAL. Distribution of flyers is final and completes your order. Distributed flyers cannot be retrieved or recalled in any other way. Corrections/changes after approval of final proof and distribution of flyer are not possible. A new order for a new flyer is required.
37. USE OF YOUR FLYER AS A SAMPLE. eMarketing Experts, Inc., shall have the right to re-distribute or use any flyer, including any text, image(s), photograph(s), and/or graphic(s), created for you without providing you with notice of our actions or compensation. eMarketing Experts, Inc., shall have the right to use any flyer, including any text, image(s), photograph(s), and/or graphic(s), created for you as a sample on our website(s) for visitors and prospective users to view and use as a template for creating their own flyers.
38. HOT LISTINGS COST-TO-COAST. eMarketing Experts, Inc., reserves the sole and exclusive right to determine whether a flyer shall be included in our Weekly Hot Listings Coast-to-Coast. We reserve the right to include or exclude any flyer, including any text, image(s), photograph(s), and/or graphic(s), created for you without providing you with notice of our actions or compensation. Our decision will be final and by placing your order you agree to abide by it. eMarketing Experts, Inc., reserves the sole and exclusive right to discontinue our Weekly Hot Listings Coast-to-Coast at any time with or without notice. 39. SEVERABILITY. If any term, provision, covenant, or restriction of these Terms of Service or their application to any person or circumstance is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the Terms of Service or the application of the term, provision, covenant, or restriction to other persons or circumstances shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.
If you have any questions regarding your order, please feel free to contact us
Our business hours are Monday to Friday, 9 AM to 5 PM (Central), except holidays.
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