BY REGISTERING OR USING FLYERUS.COM'S ONLINE SERVICE (THE "FLYERUS.COM" OR "KIS Internet Enterprises LLC)" AS DEFINED BELOW, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE SERVICE. As part of the Service, Flyerus.com will provide you with use of the Service, including a browser interface, transmission, access and storage. This Agreement includes materials available on the Flyerus.com website that are incorporated by reference herein, including but not limited to Flyerus.com's privacy and security policies. Please check this Agreement periodically for changes as the owner of this site 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. KIS Internet Enterprises 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.
If you do not agree to these Terms and Conditions, do not submit information to, or access information from Flyerus.com. Flyerus.com may update these terms and conditions at any time and without notice.
- LEGAL AGE AND RIGHT TO CONTRACT
- This Agreement must be completed, understood and agreed to by a person of legal age with capacity to form a binding contract and are not a person barred from receiving information, services or products under the laws of the United States or other applicable jurisdiction. If you are not of legal age, 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
- Upon your agreement to this Agreement, KIS Internet Enterprises LLC here by 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 KIS Internet Enterprises 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 KIS Internet Enterprises 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.
- ACCESS AND USE OF FLYERUS.COM
- You agree that if you are issued a Username and Password by Flyerus.com, 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 Flyerus.com 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 to provide accurate and truthful information when creating your membership account and when creating any type of Email Flyers. 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 Flyerus.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. You agree that you will only submit content for Email Flyers that contains your own name, your own property or properties and your own image or images. Before submitting any content for Email Flyers with more than one person's name, property or image, you must seek and receive specific written permission from that other person and present proof of the written permission to Flyerus.com. Customer grants permission to Flyerus.com to distribute customer's Email Flyers to the Marketing Area(s) that were selected during the Email Flyer creation process. It is customer's responsibility to ensure Email Marketing is not against the policy of any Associations to which they may belong. Customer agrees to take full responsibility for content, including spelling and accuracy of information. No refunds will be made due to flyer content mistakes. Customer agrees that Customer is fully authorized to use any image uploaded to our server and/or used in the Email Flyer. Images created by any other person are not authorized unless licensed. It is the customer's sole responsibility to ensure they have proper authorization to use images in their Email Flyers. Hyperlinks must be used in accordance with their label. Hyperlinks to unrelated web pages are not permitted and may be removed without notice by Flyerus.com prior to distribution. Flyerus.com allows email flyer recipients to forward the flyer to their clients or peers. This hides the contact information of the original listing agent. You agree that this hiding of original listing agent's contact information is not a problem to you. 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 your own incoming e-mail service provider, un-expected server or computer problems that we have no control over and how many other flyers are scheduled for the date/time that your flyer is scheduled for. Flyerus.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 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. Email Flyers must be scheduled for delivery within 3 months of purchase. Unused Email Flyers will expire after a 3-month period. Refunds will not be given for expired Email Flyers.
- DISCLAIMER OF WARRANTIES
- FLYERUS.COM, KIS INTERNET ENTERPRISES 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. FLYERUS.COM, 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. FLYERUS.COM, 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 FLYERUS.COM, KIS INTERNET ENTERPRISES 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 FLYERUS.COM, 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, FLYERUS.COM, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
- You agree to defend, indemnify, and hold harmless Flyerus.com, KIS Internet Enterprises 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. Flyerus.com 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 shall cooperate with KIS Internet Enterprises 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.
- LEGAL REPRESENTATION
- This site, excluding third party linked sites, is controlled by KIS Internet Enterprises LLC from its offices within the State of California, USA If there is any dispute about or involving the Site and/or the Service, by using the Site, you unconditionally agree that all such disputes and/or differences will be governed by the laws of USA and shall be subject to the exclusive jurisdiction of Northern District of California only.
- 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 KIS Internet Enterprises 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.
- Payment accepted by Visa, MasterCard, American Express and Discover only. All sales are final. No refunds.