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Resulti Terms of Use
Subscription
Newsletter Subscription is provided subject to this Agreement, as
it may be amended by Resulti, and any guidelines, rules or operating
policies that Resulti may establish and post from time to time (the
"Agreement"). By posting updated versions of the Agreement
at the Resulti.com web site, or otherwise providing notice to you,
Resulti may modify the terms of the Agreement and may discontinue
or revise any or all other aspects of Subscription at its sole discretion.
All such changes shall become effective upon posting of the revised
Terms of Use.
Newsletter
Your Subscription entitles you to one copy of Resulti Newsletter
per month. You will receive one copy of Newsletter in PDF format
by e-mail each month.
Copyright
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Newsletter are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to intellectual
property) rights. The copying, modifying, distributing, transmitting,
displaying, selling, licensing, using or publishing or creating
derivative works by you of any such matters or any part of the Newsletter,
except as expressly allowed by the Agreement, is strictly prohibited.
You do not acquire ownership rights to any content of the Newsletter.
Limited Right to Use
Subscription to Newsletter grants you a limited, nonexclusive license
for use solely by you for purposes of promoting yourself and your
services. You are not allowed to sublicense, sell or prepare derivative
works of Newsletter. You are not allowed to let others use Newsletter
as their own. This includes, but is not limited to, letting other
real estate agents alter and use Newsletter for their purposes.
Nontransferable
Your subscription to Newsletter is not transferable.
Copying and Distribution
You may make as many paper copies of Newsletter as you wish and
distribute them in any lawful way you wish. You may distribute Newsletter
via e-mail to your customers, business contacts, family and friends,
as long as you honor all local and federal laws governing e-mail
solicitations. If any person requests that you stop sending her
or him copies of Newsletter, you must honor such request. You may
post Newsletter on your web site. You may not charge anyone to view
or receive Newsletter.
Spamming
You may not use Newsletter for the purposes of spamming as defined
by federal, state and local laws. While Resulti does not monitor
how you use Newsletter, should Resulti find out that you are using
Newsletter for the purposes of spamming, or any other unlawful purpose,
Resulti shall terminate your Subscription and Resulti shall have
no liability to you or any third party because of such termination.
Editing or Altering The Newsletter
You may remove any article in Newsletter only in its entirety. You
may not edit, alter or remove a portion of an article. You may add
your information to Newsletter as long as it does not change the
content or meaning of any article. You may not under any circumstances
remove Resulti legal and copyright notices from Newsletter. This
specifically refers to the small print found at the bottom of page
3 in each issue of Newsletter.
Billing
When you sign up for Newsletter Resulti will charge your credit
card $30 as a one-time setup fee. Setup fee is non-refundable. After
that Resulti will charge your card $24.95 each month that your subscription
remains active. You may cancel your subscription any time as outlined
in the paragraph Termination below.
You represent and warrant that (i) any credit card information
you supply is true, correct and complete, (ii) charges incurred
by you will be honored by your credit card company, and (iii) you
will pay the charges incurred by you at the posted price.
Registration
You must complete the registration form on the Sign Up page in order
to use Newsletter. You will provide true, accurate, current, and
complete information about yourself as requested in the registration
form.
In using the varied features of Resulti.com web site, you may
provide information (such as name, contact information, or other
registration information) to Resulti. Resulti may use this information
and any technical information about your use of the Services to
tailor its presentations to you, facilitate your movement through
the Service, or communicate separately with you.
Software and System Requirements
It is understood that in order to use Newsletter, the following
is required: (i) a Windows PC, (ii) a stable connection to the Internet,
(iii) a valid e-mail account with e-mail software such as Microsoft
Outlook, (iv) Adobe Acrobat Reader 5.0 or higher.
Trademarks
Any product and company names other than Resulti mentioned on the
Site may be trademarks of their respective owners.
Termination
You may terminate this Agreement at any time by sending an e-mail
message to support@resulti.com
or by sending written notice to Resulti at 13750 Ventura Blvd.,
Suite 206, Sherman Oaks, CA 91423, USA. Correspondence must include your
first name, last name, and Resulti username. No refunds will be
issued if you terminate this agreement.
Resulti may terminate this Agreement or the Services at any time
with or without cause, and with or without notice. Upon termination
by Resulti for reason other than violation of the Anti-Spam policy,
Resulti will provide you a refund of the advance monthly payment
which Resulti has received for the then-current month. Except for
such refund, Resulti shall have no liability to you or any third
party because of such termination. If Resulti terminates this agreement
because you violated the Anti-Spam policy, no refund will be issued.
All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation,
ownership, warranty disclaimers and limitations of liability.
Limitation of Liability
NEWSLETTER IS PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT,
SECURITY OR ACCURACY). TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL Resulti OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS
PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES,
DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF
THIS SECTION AS " Resulti ") BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Resulti
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING
THE FOREGOING, Resulti IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE),
THE LIABILITY OF Resulti TO YOU WILL BE LIMITED TO THE AMOUNT WE
RECEIVED IN CONNECTION WITH ANY SERVICES OR PRODUCTS YOU PURCHASED
FROM US THROUGH THE SITE DURING THE PRECEDING TWELVE-MONTH PERIOD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
Miscellaneous
You represent, covenant, and warrant that you will use Newsletter
only in compliance with the Agreement and all applicable laws (including
but not limited to policies and laws related to spam). You agree
you will not access or otherwise use third party mailing lists in
connection with preparing or distributing unsolicited e-mail to
any third party. You hereby agree to indemnify and hold harmless
Resulti against any damages, losses, liabilities, settlements, and
expenses (including without limitation costs and reasonable attorneys'
fees) in connection with any claim or action that arises from an
alleged violation of the foregoing or otherwise arising from or
relating to your use of Newsletter.
If any provision of the Agreement is found to be unenforceable
or invalid, that provision will be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain
in full force and effect and enforceable.
Resulti and you agree that the Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements, communications,
and other understandings relating to the subject matter of the Agreement,
and that all waivers and modifications must be in a writing signed
by both parties, except as otherwise provided herein. No delay or
omission by either party in exercising any right or remedy under
this Agreement or existing at law or equity shall be considered
a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created
as a result of the Agreement, and you do not have any authority
of any kind to bind Resulti in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement,
the prevailing party will be entitled to recover its costs and attorneys'
fees.
The Agreement shall be governed by the laws of the State of California
without regard to its choice or law or conflict of laws provisions.
All legal actions in connection with the Agreement shall be brought
in the state or federal courts located in Los Angeles, California.
The language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against either party.
To the extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement
shall take precedence
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