TERMS AND CONDITIONS - SERVICEYOURLISTING.COM
In this Agreement, "You", "Your", "User", "Member" refers to the party utilizing SYL's services. "We", "Us", "Our", "SYL", "ServiceYourListing.com" refers to Service Your Listing, Inc.
1. ACCEPTANCE OF TERMS. ServiceYourListing.com, including all of its owners, affiliates, heirs, successors, assigns, managers, officers, directors, employees, staff, agents, vendors and representatives, are hereinafter referred to collectively as “SERVICEYOURLISTING.COM.” By using this site or our services, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site or our services. SERVICEYOURLISTING.COM reserves the right, at our discretion, to update or revise these Terms of Use. Please check these Terms of Use periodically for changes. Your continued use of this site or our services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
2. MARKETING SERVICES. SERVICEYOURLISTING.COM is a provider of marketing services to licensed Real Estate Agents (hereinafter, “agents” or “members”). All members pay SERVICEYOURLISTING.COM 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 SERVICEYOURLISTING.COM is an electronic email delivery service provider and hereby authorizes SERVICEYOURLISTING.COM to send out email advertisements to the persons listed in SERVICEYOURLISTING.COM’s proprietary email database.
3. FEEDBACK DISTRIBUTION. SERVICEYOURLISTING.COM is a provider of a response process that produces answers to questions asked by one user to many users receiving the email distribution. SERVICEYOURLISTING.COM shall be indemnified for any actions resulting in the questions asked, the answers received, and how that FEEDBACK was applied to the marketing strategy of the property sale. Each member shall indemnify, defend and hold SERVICEYOURLISTING.COM 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 SERVICEYOURLISTING.COM arising out of, related to or resulting from the email FEEDBACK sent by SERVICEYOURLISTING.COM at such member’s request. All of the information contained in the email FEEDBACK, both questions and answers distributed by SERVICEYOURLISTING.COM, has been put there by the members and has not been verified, confirmed or validated by SERVICEYOURLISTING.COM. Accordingly, SERVICEYOURLISTING.COM makes no representations or warranties concerning, and shall have no liability or responsibility for, any inaccurate information contained in the email FEEDBACK it distributes.
4. ABILITY TO UNSUBSCRIBE. Any recipient, user or member may “unsubscribe” from receiving future emails from SERVICEYOURLISTING.COM, or its advertiser and members. Any recipient who properly elects to unsubscribe will be removed from SERVICEYOURLISTING.COM’s proprietary email database within 72 hours. If you continue to receive emails from us after the 72 hours have elapsed, please email us at support@ServiceYourListing.com. Anyone who desires to opt “back in” to our proprietary email database must go to SERVICEYOURLISTING.COM’s “Register” link and again register into SERVICEYOURLISTING.COM’s system.
5. MEMBERS CONSENT. All members who purchase our services consent to receiving emails from SERVICEYOURLISTING.COM 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 advertisements for you.
6. LOCAL LAWS. Each member using our services to send email to other real estate agents, both in their association and in other cities, represents and warrants that our distribution of email advertisements 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 advertisement from SERVICEYOURLISTING.COM may contact them regarding the real estate described in the advertisement.
7. INDEMNITY. Each member shall indemnify, defend and hold SERVICEYOURLISTING.COM 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 SERVICEYOURLISTING.COM arising out of, related to or resulting from the email advertisements sent by SERVICEYOURLISTING.COM at such member’s request.
8. TIMING. SERVICEYOURLISTING.COM does not warrant or guarantee that (a) every email advertisement will be sent at a specified time, or (b) every email advertisement will be received, read or opened by the intended recipient. Each member understands and agrees that many problems can occur with email transmissions, including without limitation: user errors, server problems, email delivery problems, email rejection by the recipients, anti-spam software, invalid email addresses, computer glitches, power failures, hardware failures and a host of other computer-related problems that are beyond the control of SERVICEYOURLISTING.COM. Accordingly, every member agrees to hold SERVICEYOURLISTING.COM harmless from and against any and all claims, liabilities, causes of action, losses, costs, lost revenue, lost profits and expenses (including attorneys’ fees, experts’ fees and costs) suffered by such member resulting from or related to the failure of any email advertisements to be received or opened by the intended recipients. Service is rendered when the email advertisement is completed by the design department and is ready for approval by member. It is the member's responsibility to check for proofs by logging into www.serviceyourlisting.com. SYL is not liable should a member post-payment not approve and/or schedule the delivery of the email advertisement. No refunds shall be given should a member post-payment not approve and/or schedule the delivery of the email advertisement.
9. NO LIABILITY FOR SALE . Each member further agree that SERVICEYOURLISTING.COM shall not be liable or responsible for the success or failure of any sale, price reduction, open house or marketing of any property or product advertised through email advertisements sent by SERVICEYOURLISTING.COM or through SERVICEYOURLISTING.COM’s distribution system. Under no circumstances shall SERVICEYOURLISTING.COM 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 SERVICEYOURLISTING.COM’s negligence, gross negligence or willful misconduct. The maximum amount of SERVICEYOURLISTING.COM’s liability to any member for any reason or cause of action whatsoever shall not exceed the revenue paid to SERVICEYOURLISTING.COM by such member for SERVICEYOURLISTING.COM’s services.
10. ACCURATE INFORMATION. All of the information contained in the email advertisements distributed by SERVICEYOURLISTING.COM has been put there by the members and has not been verified, confirmed or validated by SERVICEYOURLISTING.COM. Accordingly, SERVICEYOURLISTING.COM makes no representations or warranties concerning, and shall have no liability or responsibility for, any inaccurate information contained in the email advertisements it distributes.
11. 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's registration form and (b) maintain and promptly update “Your Account” information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, or SERVICEYOURLISTING.COM has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, SERVICEYOURLISTING.COM shall have the right to suspend or terminate your account and refuse any and all current or future use of the site or services or any portion thereof.
12. MEMBER ACCOUNT, PASSWORD AND SECURITY. You will have created a password and account upon completing the site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SERVICEYOURLISTING.COM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SERVICEYOURLISTING.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
13. TERMINATION. You agree that SERVICEYOURLISTING.COM, in its sole discretion, may terminate your password, account (or any part thereof) or use of the site or its services, and remove and discard any content within the site, for any reason, including, without limitation, for lack of use or if SERVICEYOURLISTING.COM believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. SERVICEYOURLISTING.COM may also in its sole discretion and at any time discontinue providing the site or its services, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of these Terms of Use agreement may be effected without prior notice, and acknowledge and agree that SERVICEYOURLISTING.COM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site. Further, you agree that SERVICEYOURLISTING.COM shall not be liable to you or any third-party for any termination of your access to the site or for your loss of any data or information you have stored on the site.
14. DEALINGS WITH ADVERTISERS. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site, 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 SERVICEYOURLISTING.COM 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. SERVICEYOURLISTING.COM offers a banner on its advertisements for sale to advertisers. SERVICEYOURLISTING.COM 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 SERVICEYOURLISTING.COM hereby agree and understand that this banner is the sole property of SERVICEYOURLISTING.COM and SERVICEYOURLISTING.COM may activate this banner at any time on any advertisement to sell advertising. The income derived from the sale of the banner is the sole property of SERVICEYOURLISTING.COM.
15. LINKS. The site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SERVICEYOURLISTING.COM has no control over such sites and resources, you acknowledge and agree that SERVICEYOURLISTING.COM 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 SERVICEYOURLISTING.COM 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.
16. 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. SERVICEYOURLISTING.COM 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. SERVICEYOURLISTING.COM MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES PROVIDED WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICEYOURLISTING.COM’S SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICEYOURLISTING.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
17. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERVICEYOURLISTING.COM 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 SERVICEYOURLISTING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (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 STE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
18. 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.
19. Unsolicted Commerical Bulk Email (UCBE). SYL sends out member's email advertisements to those in our lists who have not unsubscribed or whose status has not not been set to inactive as a result of smtp response codes from previous emails. Delivery is outside of SYL control* and is not gauranteed. Further, email advertisements are not gauranteed to reach specific individual(s), including the sender. No refunds shall be given against claims that emails where not received by specific individual(s). * Delivery of UCBE is based on unumerable factors outside the control of SYL, including but not limited to: the availability of the internet, the availability of receiving and relay SMTP (Simpl Mail Transfer Protocol) servers, the domain name server (DSN) system, email policies, rules, filters and software programs that are run on network and client (end user) computers that are either known or unkown to systemm administrators and/or end users.
20. INDEMNIFICATION. Upon a request by SERVICEYOURLISTING.COM, you agree to defend, indemnify, and hold harmless SERVICEYOURLISTING.COM, all of its affiliated companies, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses (including attorney's fees) that arise from your use or misuse of the Site, including all email advertisements and photographs shown thereon. SERVICEYOURLISTING.COM 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 will cooperate with SERVICEYOURLISTING.COM in asserting any available defenses.
21. COMPLIANCE WITH CAN-SPAM ACT OF 2003. SERVICEYOURLISTING.COM seeks at all times to comply with the requirement of the Can-Spam Act of 2003 and all other laws applicable to its services. SERVICEYOURLISTING.COM 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, SERVICEYOURLISTING.COM reserves the right to add to or modify these Terms of Use at any time. Any member who fails to opt out of SERVICEYOURLISTING.COM’s 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.
22. MISLEADING INFORMATION. SERVICEYOURLISTING.COM reserves the right to refuse to transmit or distribute any email advertisement that it believes to be misleading, deceptive, or otherwise not in compliance with applicable law in any way, including without limitation, any advertisement that contains misleading header information, doctored photographs or in any way attempts to disguise its origin or the nature of the property depicted.
23. RIGHT TO OPT-OUT. SERVICEYOURLISTING.COM provides an "opt-out" or “unsubscribe” link on its website and on each advertisement. Any recipient may submit an Internet based request to not receive future emails from any party, and SERVICEYOURLISTING.COM will honor such requests as required by law.
24. PHYSICAL ADDRESS. All members shall be required to supply SERVICEYOURLISTING.COM with a valid physical address for inclusion on their email advertisement.
25. PROPRIETARY RIGHTS. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by SERVICEYOURLISTING.COM, 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 this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SERVICEYOURLISTING.COM 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 for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of SERVICEYOURLISTING.COM. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please see our contact page.
26. CREDIT CARD PROCESSING. SERVICEYOURLISTING.COM uses www.authorizenet.com to process its credit card transactions. You may click on the link to learn more about their services. SERVICEYOURLISTING.COM does not keep members’ credit card numbers in our electronic files. All services must be paid for in advance, and SERVICEYOURLISTING.COM will use commercially reasonable efforts to transmit email advertisements at the time desired by the member. SERVICEYOURLISTING.COM cannot promise or guarantee, however, that email advertisements will be transmitted precisely at the time requested by the member. If email advertisements are not transmitted within 24 hours of the time requested by the member, then SERVICEYOURLISTING.COM will (a) send it at a later date agreed upon by SERVICEYOURLISTING.COM and the member, or (b) refund the price of the advertisement within 7 days. With regard to all other errors in service committed by SERVICEYOURLISTING.COM, SERVICEYOURLISTING.COM will either refund the portion of its charges attributable to that service or correct the error and provide the same service without additional charge.
27. CHOICE OF LAW AND FORUM. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida , 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 the Site shall be filed only in the state or federal courts located in the State of Florida, 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.
28. MODIFICATIONS / UPDATES TO TERMS OF USE. These Terms of Use of use may be modified or updated at any time. SERVICEYOURLISTING.COM 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.
29. PHOTOGRAPHS. If you elect to upload any photographs and add them to the email advertisements you create, you represent and warrant to SERVICEYOURLISTING.COM 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, are accurate depictions of the items depicted therein and have not been modified or enhanced in any way. Member agree to hold harmless, not liable and defend at member's expense SERVICEYOURLISTING.COM, its owners, managers, members, employees, agents and representatives against any legal action brought against SERVICEYOURLISTING.COM, its owners, managers, members, employees, agents and representatives resulting from member's use of any photos and/or graphics.
30. USE OF YOUR ADVERTISEMENT AS AN EXAMPLE. SERVICEYOURLISTING.COM shall have the right to re-distribute or use any advertisement you create without providing you with notice of our actions or compensation. SERVICEYOURLISTING.COM shall have the right to use any advertisement you create as a sample on our website for visitors and prospective users to view and use as a template for creating their own advertisements.
31. PARAGRAPH HEADINGS. The paragraph headings are for convenience only and do not alter, change, expand or limit the scope of the information contained in each paragraph.