TERMS OF SERVICE
BY REGISTERING AND CONTINUING TO USE THE SERVICES PROVIDED BY FRASER REAL ESTATE MARKETING LLC (“Fraser Flyers,” or “we”, “us”, “our”), YOU REPRESENT AND WARRANT THAT YOU HAVE READ THESE TERMS OF SERVICE (this “Agreement”) AND AGREE TO THE TERMS HEREIN.
Unless other terms and conditions expressly govern your use of one or more of our services, this Agreement governs your use of all services provided by us (individually, each a “Service,” collectively, “Services”), including without limitation, the following Services:
creation of digital property listing flyers and electronic distribution thereof to our list of
participating realtors on a single order or subscription basis (“Digital Flyer Services”)
subscription to receive our digital property listing flyers (“Property Mailing List”).
If you agree to be bound by the terms of this Agreement, you should click the box indicating your agreement to the terms of this Agreement on the sign-up page for such Service. If you do not agree to be bound by the terms of this Agreement, you should not check the box, at which point, you will not be permitted to proceed with registration for such Service. If you do not agree to be bound to this Agreement, you are not permitted to utilize any of the Services that we provide. This Agreement shall remain in full force and effect for so long as you use any of the Services.
To the extent you have access to, or are currently subscribed, to one or more Services without having completed our registration process, you are hereby notified that your continued use of such Service(s) is subject to the terms and conditions of this Agreement.
I. GENERAL TERMS OF SERVICE
1.1 Changes to Terms
We may change the terms of this Agreement at any time. The latest version of this Agreement can be accessed at any time by going to the “Terms of Service” link at the footer of https://www.fraserflyers.com/ (“Our Website”). You agree to check this page periodically for changes to this Agreement. By requesting, using, or continuing to use one or more Service(s) after changes are made to this Agreement, you agree to be bound by such changes to this Agreement.
1.2 Privacy & Account Information
notices required hereunder. If you fail to promptly notify us of a change to your contact information, then content and deliverables sent to your prior address shall be deemed fulfillment of our Service(s), and any notice we send to your prior address shall be deemed sufficient notice.
1.3 General Service Subscription Terms
If you elect to subscribe to one or more of the Service(s) offered by Fraser Flyers you understand, acknowledge, and agree that you must be and are 18 years of age or older. You further agree not to use any Service(s) for any unlawful purpose. We reserve the right to terminate your account and ability to use one or more Service(s) if, in our opinion, your use of such Service(s) may violate any laws, regulations or rulings, infringe upon another persons rights or violate the terms of this Agreement.
II. DIGITAL FLYER SERVICES
2.1 Digital Flyer Services
Fraser Flyers currently provides the following options for its Digital Flyer Services: (1) creation and one-time distribution of one single digital property listing e-flyer (or a one-time update and redistribution of one e-flyer) (“Single Flyer Service”) (2) monthly subscription for the ongoing creation and distribution of digital property listing e-flyers pursuant to the terms of this Agreement (“Monthly Flyer Service”) For more information, please see our description of services at https://www.fraserflyers.com/.
2.2 Creation of Digital E-Flyers
By requesting that Fraser Flyers provide you with one or more Digital Flyer Services, you agree to cooperate with Fraser Flyers in the creation of each requested digital property listing e-flyer. Each request for the creation of a digital property listing e-flyer must be submitted to us through the online form located at https://www.fraserflyers.com/dfwmemberlogin. We will endeavor to send you a preview of a requested digital property listing e-flyer within twenty-four (24) hours of receiving the request. If you request a digital property listing e-flyer after 4pm on a Friday, we will endeavor to process the request on the following business day. While we do not process digital property listing e-flyer requests over the weekend, we can pre-schedule the flyer to be distributed to our list of participating realtors on a weekend or holiday.
2.3 Electronic Distribution of Digital E-Flyers
Each digital property listing e-flyer will be electronically distributed to our list of participating realtors with your name and will be set to permit recipients to reply directly to the email address you provide to us. For this purpose, you authorize Fraser Flyers to include your personal information, including name and email address, on the electronic distribution of each digital property listing e-flyer provided as part of the Digital Flyer Services we provide to you.
2.4 Right to Submit Property Listings & Content
By submitting property listing information to us as part of the Digital Flyer Services, you represent and warrant that
you are the official real estate agent representing that property listing pursuant to a listing agreement with the owner of the property,
the information provided is accurate and truthful, and
the listing for the property has received a Multiple Listing Service (“MLS”) number.
Additionally, we require users of our Services to respect copyrights, trademarks, and other intellectual property rights, and we will take reasonable steps to enforce the same in our sole discretion or as may be required by law. By submitting text, drawings, logos, photographs, video, audio, information, and other content (collectively, “Content”) for inclusion in one or more digital property listing flyers, you represent and warrant to us that you have the necessary legal rights to permit us to use, manipulate, and distribute such Content in the provision of the Digital Flyer Services. Any unauthorized or prohibited use of Content that you submit to us as part of the Digital Flyer Services may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, or local laws. You understand, acknowledge, and agree that you are financially responsible for any claim against us arising from Content you provide to us. By submitting Content to us, you grant Fraser Flyers a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right and license to use, distribute, publicly perform, display, translate, adapt, reproduce, and create derivative works of and from the Content you provide in any and all media or technology, in whole or part, as part of the provision of Digital Flyer Services.
2.5 Property Listing Mailing List Subscription
By signing up for one or more Digital Flyer Service(s), you acknowledge, understand, and agree that you are likewise signing up for a subscription to our Property Mailing List at the contact email address you provide to us. Please see Article III of this Agreement for more information on our Property Mailing List Service and subscription policies.
2.6 Monthly Flyer Service Subscription
By subscribing to the Monthly Flyer Service, you understand, acknowledge, and agree that, for so long as you remain subscribed to the Monthly Flyer Service, Fraser Flyers will
as may be requested pursuant to Section 2.2, create one (1) digital property listing e-flyer for each of your new property listings posted during the calendar month,
make a one-time electronic distribution of each digital property listing e-flyer to our mailing list of participating realtors, and
at your direction, update and send weekly re-blasts of digital property listing e-flyers for price changes or open house events.
By subscribing to the Monthly Flyer Service, you represent and warrant that you are an individual realtor, and you agree to not permit any other person to utilize your Monthly Flyer Service account. If you are interested in utilizing our Monthly Flyer Service for more than one individual at the same company, firm, agency, or brokerage, please contact email@example.com.
2.7 Fees and Payments
By requesting one or more Digital Flyer Services, you agree to pay any charges incurred in connection with the provision of such Digital Flyer Services (including any applicable taxes) at the rates in effect when the charges were incurred. In the event of a declined transaction, you understand that we may attempt to process the charge again within thirty (30) days, and you understand that Fraser Flyers may immediately stop fulfillment of one or more Digital Flyer Service(s) for unprocessed payments. In our sole discretion, we may periodically change the fees and charges for Digital Flyer Services or add new fees or charges. If you subscribe to receive ongoing Monthly Flyer Service, before increasing subscription fees or charges for our Monthly Flyer Service, we will give you notice and an opportunity to cancel your subscription thirty (30) days before implementing such increase.
ii. Monthly Flyer Service Charges. By subscribing to the Monthly Flyer Service, you understand and acknowledge that we utilize Stripe in the collection of the monthly subscription payment for the Monthly Flyer Service, and you specifically authorize Fraser Flyers to automatically make monthly scheduled charges via Stripe to the credit or debit card associated with your account until such time as you cancel your Monthly Flyer Service pursuant to Section 2.9 of this Agreement. Charges for the Monthly Flyer Service will be automatically billed by Stripe to the credit or debit card associated with your Stripe account on the day of each month on which you subscribed to the Monthly Flyer Service (“Monthly Renewal Date”). For illustrative purposes, if you subscribe to the Monthly Flyer Service on the 15th day of a month, your Monthly Renewal Date will be on the 15th day of each month. You agree not to dispute Monthly Flyer Service charges so long as the transactions correspond to the terms provided in this Agreement. If you need to update your credit or debit card details for the Monthly Flyer Service and have issues updating your credit or debit card details with Stripe, please contact firstname.lastname@example.org at least fifteen (15) days prior to the next Monthly Renewal Date.
As a general matter, all fees and charges are non-refundable, and we reserve the right to issue refunds or credits in our sole and absolute discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
2.9 Term, Cancellation, and Renewal
If you subscribe to our Monthly Flyer Service, your subscription will automatically renew each month until it is cancelled in accordance with this section. You may cancel your subscription and avoid billing of subscription fees on the next Monthly Renewal Date by sending written notice of cancellation to email@example.com at least fifteen (15) days before the next Monthly Renewal Date. We may cancel your subscription at any time upon notice to you. Notwithstanding the foregoing, your Monthly Flyer Service will be automatically cancelled and your account will be terminated if you violate any term or provision of this Agreement.
III. PROPERTY MAILING LIST SERVICE
3.1 Receipt of Digital Flyers
If you subscribe to the Property Mailing List, Fraser Flyers will send you digital property listing flyers at the email address you provide to us until such time as you elect to change your contact information, you unsubscribe from the Property Mailing List, or we cancel your Property Mailing List subscription. Unless we agree otherwise in writing, only one individual is entitled to receive digital flyers pursuant to each Property Mailing List subscription. By signing up for the Property Mailing List, you acknowledge, understand, and agree that you will be automatically included on the Fraser Flyers list of participating realtors.
3.2 Proprietary Rights, Copyright, and Restrictions on Use.
We require users of our Services to respect copyrights, trademarks, and other intellectual property rights, and we will take reasonable steps to enforce the same in our sole discretion or as may be required by law. Content sent to you as part of your subscription to the Property Mailing List may include text, photographs, video, audio, information, and other content protected by the intellectual property laws of the United States. You acknowledge, understand, and agree that content provided to you as part of your subscription to the Property Mailing List is restricted to your own personal use, and you are not authorized to modify, reproduce, redistribute, publish, display, retransmit, broadcast, sell or license or allow anyone else to modify, reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any such content. Any unauthorized or prohibited use of content received as part of your subscription to the Property Mailing List may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, or local laws.
3.3 Unaffiliated Websites
This Agreement does not apply to your use of unaffiliated websites to which you may receive digital links as part of your subscription to the Property Mailing List or any other Service(s). Except for as it relates to Our Website, we are not responsible for the availability of any other website to which you receive hyperlinks or URLs, and we do not endorse nor are we responsible for the content, advertising, products, services, or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use or reliance on any content, goods, or services available on any other website. Please direct any concerns to the appropriate contact of the website with which you have experienced one or more issues.
3.4 Cancellation Policy for Property Mailing List.
We reserve the right to cancel your subscription to the Property Mailing List and remove you from the Property Mailing List at any time. You may remove yourself from the Property Mailing List and at any time by clicking unsubscribe at the bottom of any digital property listing flyer sent to you from the Property Mailing List.
3.5 DMCA Digital Take-Down Notice Request
If you believe that your intellectual property rights have been violated by a third-party who has provided Content distributed through our Property Mailing List, please send the following information to Fraser Flyers at firstname.lastname@example.org:
1. A description of the intellectual property that you claim has been infringed;
2. A description of the digital material that you claim has infringed on your intellectual property rights and location thereof (including a copy of the digital e-flyer in which it was located);
3. A telephone number and an e-mail address at which you may be contacted;
4. A statement by you that, under penalty of perjury, (i) you are the intellectual property owner or are authorized to act on the owner’s behalf, (ii) you have a good-faith belief that the use of the intellectual property is not authorized by the owner, by its agent, or by law and (ii) the information in your notice request is accurate;
5. Your electronic or physical signature.
Fraser Flyers may request additional information before removing any infringing material. We reserve the right, at our sole discretion, to delete or disable content alleged to be infringing and to terminate accounts of infringers.
IV. MISCELLANEOUS TERMS
4.1 DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS" & "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FRASER FLYERS AND ITS MEMBERS, MANAGERS, OFFICERS, AND EMPLOYEES, WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR USE OF THE SERVICES OR SUCH CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, (COLLECTIVELY, THE "EXCLUDED DAMAGE"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE LIABILITY OF FRASER FLYERS WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in Dallas County, Texas. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement.
Collection of your Personal Information
In providing one or more Service(s) to you, we may require you to supply personally identifiable information, such as your name, billing address, email address, phone number, and brokerage, which we will collect and store. Notwithstanding the foregoing, we use PayPal and Stripe as our payment processors, and as a result, Fraser Flyers does not receive, collect, or store your credit or debit card number.
Use of your Personal Information
The personally identifiable information we collect from you will be used by us for the following purposes:
providing one or more of the Service(s) you have requested from us pursuant to the Terms of Service,
to inform you of other products or services available from Fraser Flyers, and
to contact you for survey responses or to conduct research regarding your opinion of current services or of potential new services that we may offer.
It is intended that the personally identifiable information that you provide to us will be collected, stored, processed, and used entirely within the United States of America. We may accumulate website statistics that tell us how many people visit Our Website, what pages they access, and what links they click. While Fraser Flyers may share this anonymized customer data with trusted partners to help perform statistical analysis, improve our Services, or improve customer support, we do not sell, rent or lease our customer lists or personally identifiable customer information to third parties. In the event we utilize a third-party vendor to provide services for which personally identifiable customer information must be shared, all such third-party vendors will be prohibited from using your personal information except to provide such services to Fraser Flyers and will be required to maintain the confidentiality of your information. Fraser Flyers may disclose your personally identifiable information, without notice to you, if required to do so by law or if individual persons representing Fraser Flyers have the good faith belief that such action is necessary to: (a) conform to the law or comply with legal process served on Fraser Flyers, (b) protect and defend the rights or property of Fraser Flyers, or (c) act under exigent circumstances to protect the personal safety of our customers or the general public.