5MinuteMarketing.com - Flyers and postcards for real estate direct mail marketing and advertising

Terms of Use

Welcome. This is a legal contract between you, the User, and 5MinuteMarketing.com, so read it carefully. 5MinuteMarketing.com is willing to establish and/or maintain a relationship with you, the User, only on the condition that you, the User, accept this contract.

THESE TERMS OF USE ("TOU") ESTABLISH THE OBLIGATIONS, PROMISES, AND TERMS TO WHICH YOU, THE USER, AGREE AND ARE BOUND. BY COMPLETING THE SIGN-UP FORMS FOR 5MinuteMarketing.com, OR USING THE 5MinuteMarketing.com SITE, OR BECOMING A 5MinuteMarketing.com SUBSCRIBER, YOU, THE USER, ACCEPT ALL ASPECTS OF THE TOU. EACH TIME YOU, THE USER, ACCESS OR USE THE 5MinuteMarketing.com WEB SITE OR REQUEST OR ACCEPT ANY INFORMATION, GOODS, SERVICES, PRODUCTS OR CONTENT FROM 5MinuteMarketing.com, YOU, THE USER, UNDERSTAND AND AGREE THAT YOU, THE USER, ARE ACCEPTING, AFFIRMING OR RE-AFFIRMING THE THEN EXISTING TOU. EXCEPT AS OTHERWISE PROVIDED HEREIN, THESE TOU APPLY TO EVERY USER. CAPITALIZED TERMS ARE DEFINED IN APPENDIX 1 WHICH IS INCORPORATED BY REFERENCE, AS IF FULLY SET FORTH HEREIN.

1. THE 5MinuteMarketing.com WEBSITE
5MinuteMarketing.com is an independent Web based communications venue that allows Real Estate Agents to market their services to home Sellers or Buyers using the Internet. The Seller or Buyer thereafter may choose to contact any of the Agents, if the Seller or Buyer so wishes. The Buyer or Seller can request further information, ask questions or negotiate costs. Agents and their supervising broker are free to determine the fees they charge a Buyer or Seller.

2. PARTICIPATION
Terms are subject to change without notice.

3. INFORMATION
Each User agrees to be solely responsible for the User's own Information, and understands, accepts and/or provides advance consent to the full extent necessary to allow 5MinuteMarketing.com to act as a conduit of said Information without incurring liability of any kind or nature.

Notwithstanding the foregoing, Information: (a) shall not infringe 5MinuteMarketing.com's or any third party's contract, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, or include threats, hate speech, vulgarity, obscenity, pornography, adult or otherwise inappropriate material; (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (e) shall not promote information, good, content, service or any product that you do not have a right to link to or include. Furthermore, a User may not post on 5MinuteMarketing.com's Web site or offer through our 5MinuteMarketing.com any: (f) information, good, content, service or product that could cause 5MinuteMarketing.com to interfere with any contract or rights of any person, or violate any applicable law, statute, ordinance or regulation, or otherwise incur liability of any type or nature, or (g) any information, good, content, service or other product that you are not legally or contractually permitted to perform, provide or promote under applicable laws or regulations, or any impermissible activity, including practices or promotions that might or do compete with 5MinuteMarketing.com now or in the future.

To the full extent necessary to enable 5MinuteMarketing.com to access or otherwise use Information without liability, the submitting User grants 5MinuteMarketing.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right (or waiver) to exercise the copyright, publicity or any other rights that exist anywhere in the world, in or with respect to the Information, in any media now known or not currently known. This provision does not entitle 5MinuteMarketing.com to any ownership or exclusivity rights to the Information but shall be deemed to allow 5MinuteMarketing.com to freely use, modify and exploit the Information for 5MinuteMarketing.com's own business purposes and/or profit.

4. ACCOUNT DISCREPANCIES
A User may contact 5MinuteMarketing.com customer service by email or telephone concerning charges or other questions regarding the status of a Subscription account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending email, and in no event later than ninety (90) days after a discrepancy should have been discovered, the User must write to the Customer Service Department, 5MinuteMarketing.com, 7120 185th Ave NE, Ste 220. Redmond, WA 98052 delivered by United States mail or by fax to (425) 453-7610. Failure to write within these time frames constitutes a waiver to the right to dispute said charges.

5. LINKS
5MinuteMarketing.com provides links to other sites on the World Wide Web. Links to other Internet sites including, without limitation, sites operated by Real Estate Agents, that are not maintained by 5MinuteMarketing.com are provided solely for your convenience and information. Some of the Internet sites assess fees for the information, content, goods, products or services they provide, separate from any 5MinuteMarketing.com charges. Any costs, taxes or other fees a User incurs when visiting these Web sites are that User's sole and exclusive responsibility. 5MinuteMarketing.com makes no warranties or representations, whether express or implied, about the contents of, or any products or services offered in such third-party sites, and recommends that you read the terms of use, privacy and security policies of those sites. Any content, representations or warranties made on other such Web sites are the sole responsibility of the operator of those sites, and 5MinuteMarketing.com assumes no liability, obligation, or responsibility for such content, representations, or warranties of any kind, whether express or implied.

6. NO RESALE OF SERVICES
5MinuteMarketing.com is protected by U.S. and international intellectual property laws. 5MinuteMarketing.com, the 5MinuteMarketing.com logo, and the names of other products and services are trade and service marks of 5MinuteMarketing.com (Advanced Marketing Solutions, Inc.), Inc. and are protected under state, federal and international laws. Each User agrees not to resell, reproduce, modify, display, transmit, distribute or copy goods, content, products, services or information obtained from 5MinuteMarketing.com, nor exploit Subscription or association with 5MinuteMarketing.com for a commercial or advertising purpose without the express written permission of a corporate officer of 5MinuteMarketing.com.

7. MODIFICATION OR DISCONTINUATION OF SERVICE
5MinuteMarketing.com reserves the right to modify or discontinue service, or any portion thereof, or the offering of any information, good, content, product or service with or without notice to any User. 5MinuteMarketing.com shall not be liable to any User or any third party should 5MinuteMarketing.com exercise its right to modify or discontinue service.

8. SYSTEM INTEGRITY
5MinuteMarketing.com offers you, the User, access to 5MinuteMarketing.com's Web site solely for your personal, non-commercial use, and except for any use of the Web site that is expressly permitted pursuant to these TOU for your business use as a real estate agent Subscriber of 5MinuteMarketing.com, each User agrees not to use the Web site for any commercial purpose whatsoever. 5MinuteMarketing.com or its content providers hold the copyright in all materials on this Web site; any unauthorized use of this Web site or its content violates federal and state law. Each User agrees not to copy, modify, distribute, display, create derivative works from, decompile, reverse engineer or use on any other Web site, or otherwise all or any portion of the 5MinuteMarketing.com Web site, or any information derived there from. Each User agrees not to use any robot, spider, other automatic device or manual process to (or to attempt to) monitor, copy, deep link to, or engage in screen or database scraping of any part of the Web site or the content contained therein unless first obtaining written permission from authorized 5MinuteMarketing.com officers. The foregoing shall not prohibit the use of standard search engine technology by Internet search Web sites to direct Internet users to this Web site. Each User agrees not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the 5MinuteMarketing.com site or any Proposal session being conducted on our site. Each User also agrees not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. A User issued a password, agrees not to disclose the password to any third party or use the password for any unauthorized purpose.

10. PRIVACY POLICY (See Privacy Policy)
Our current privacy policies, available at "http://www.5MinuteMarketing.com" are incorporated herein by reference, as if fully set forth herein.

11. INDEMNIFICATION
Each User agrees to indemnify, defend and hold harmless 5MinuteMarketing.com and its successors, representatives, principals, officers, directors, shareholders, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of the use of the 5MinuteMarketing.com service, any information, good, content, product or service provided by 5MinuteMarketing.com, including but not limited to any violation of these TOU or any other policy of 5MinuteMarketing.com, or any infringement of any intellectual property or other personal or proprietary right of any person, by you, the User, or any other person using your User name and password.

12. DISCLAIMER AND WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO 5MinuteMarketing.com CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY 5MinuteMarketing.com THROUGH THE 5MinuteMarketing.com WEB SITES IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 5MinuteMarketing.com MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. 5MinuteMarketing.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. 5MinuteMarketing.com SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 5MinuteMarketing.com WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM OR THROUGH 5MinuteMarketing.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY THESE TOU.

5MinuteMarketing.com provides an online User-initiated feedback system to help Users evaluate with whom they are dealing but every User must practice safe usage. Authentication on the Internet is difficult and 5MinuteMarketing.com cannot and does not confirm that Users are who they claim to be. 5MinuteMarketing.com acts as a communications venue, and is not responsible for Users. Specifically, without in any way limiting any other provision of these TOU, 5MinuteMarketing.com does not control, warrant, or guarantee the quality, safety or legality of the subjects of advertising, the truth or accuracy of the information posted on Web site(s), the ability of Sellers to sell property, Buyers to purchase property, or the ability of Agents to perform. 5MinuteMarketing.com does not control, warrant, or guarantee that Agents will receive any particular number of EMail Notifications, that Agents will ultimately honor the Proposals or Bids they provide, that Home Sellers will enter into a listing Agreement, that Buyers will select an Agent through the Communication Service or that Agents will select an Agent through the Web-based links. 5MinuteMarketing.com does not control, warrant, or guarantee that any User is who he or she claims to be or is not acting under false pretenses. If you, the User, have any concerns about an individual, take measures to safeguard yourself. Consumers may contact the real estate regulatory agency in your state or local Association of REALTORS® to verify license or status or affiliation. Real estate professionals should follow safe practices as outlined in the National Association of REALTORS 10 Safety Tips for the REALTOR®.

Although individual participating Agents may be subscribers of the National Association of REALTORS ("NAR"), 5MinuteMarketing.com is not affiliated with, sponsored, or endorsed by the NAR. The names of other companies or associations, and their respective products and services, may be the trademarks of their respective owners. Use of such other trade and service marks is for identification and informational purposes only.

Information supplied by Users could be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Although we may, at our sole discretion, take actions to verify accuracy of information presented by Users of the site, such actions do not affect our rights or obligations under these TOU. We expect that every User will use caution—and common sense—when using 5MinuteMarketing.com.

5MinuteMarketing.com does not guarantee or warranty continuous, uninterrupted or secure access to 5MinuteMarketing.com information, content, products, goods, or services, and operation of 5MinuteMarketing.com may be interfered with by numerous factors outside of 5MinuteMarketing.com's control.

5MinuteMarketing.com is not licensed to practice law. Each User is therefore advised to contact an attorney licensed to practice in his or her community whenever legal assistance is appropriate. Each User understands and accepts the responsibility to do so without further guidance from 5MinuteMarketing.com.

5MinuteMarketing.com is not a Licensed Real Estate Broker.

13. LIMIT ON LIABILITY
IN NO EVENT SHALL 5MinuteMarketing.com OR 5MinuteMarketing.com'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS TOU. 5MinuteMarketing.com'S LIABILITY, AND THE LIABILITY OF 5MinuteMarketing.com'S SUPPLIERS, TO YOU, THE USER, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE USER, PAY TO 5MinuteMarketing.com IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100, WHICHEVER IS LESS. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT ALWAYS APPLY.

The Proposals and Profiles are for information only and further negotiations are expected between Home Buyer/Seller and Agent. Any Endorsements or Information posted by an Agent through the 5MinuteMarketing.com Web site are the sole responsibility of the Agent. As set forth herein, 5MinuteMarketing.com disclaims any liability arising from the accuracy of any endorsements posted by an Agent. It is the Home Buyer’s/Seller's responsibility to evaluate the nature of any Endorsement posted by any Agent and to be aware that endorsements might not reflect the actual quality of service that he/she receives from an Agent. We recommend you independently use appropriate government, public, consumer and other agencies or sources to verify Agent license status and background. Agent Web pages are for information only and further negotiations are expected between Home Buyer/Seller and Agent. Any endorsements or information posted by an Agent through the 5MinuteMarketing.com are the sole responsibility of the Agents. 5MinuteMarketing.com disclaims any liability arising from and the accuracy of any Web site posted by Agents. It is the Home Buyer's responsibility to evaluate the nature of any Web page posted by any Agent and to be aware that Web sites might not reflect the actual quality of service that he/she receives from an Agent.

14. NO AGENCY
5MinuteMarketing.com is completely independent from you and every User. You and 5MinuteMarketing.com agree 5MinuteMarketing.com is not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or other type of relationship with you or other Users and no such relationship(s) are intended nor created by this Agreement.

15. NOTICES
Except as expressly stated otherwise, any notices shall be transmitted by email to info@5minutemarketing.com. (in the case of notices sent to 5MinuteMarketing.com) or to the email address you, the User, provide to 5MinuteMarketing.com during the registration process. Failure to maintain a current and working email address in your 5MinuteMarketing.com Subscription account constitutes a waiver of your right to automatically receive this information through any other means, electronic or otherwise. Notice shall be deemed given 24 hours after email is sent. Alternatively, 5MinuteMarketing.com may give you, the User, notice through posting modified TOU or by sending certified mail, postage prepaid and return receipt requested, to the address provided to 5MinuteMarketing.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

16. SEVERABILITY
Client agrees that the terms of this TOU are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; and the remaining terms and provisions of this Agreement will remain in full force and effect.

17. ENTIRE AGREEMENT
This TOA contains the entire agreement between www.5MinuteMarketing.com and User. Any representations, promises or conditions not incorporated herein shall not be binding upon the respective parties. From time to time, this Agreement may be modified at 5MinuteMarketing.com’s sole discretion and without approval of User. 5MinuteMarketing.com may amend the TOU at any time by posting amended TOU. By continuing to use the 5MinuteMarketing.com service you, the User, agree that the amendments are immediately effective unless otherwise provided for in these TOU or applicable law.

18. GOVERNING LAW, VENUE AND JURISDICTION
This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and venue and jurisdiction of any action arising out of or relating to this Agreement shall lie in the Superior Court for King County, Washington.

APPENDIX 1: DEFINED TERMS

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