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TERMS AND CONDITIONS OF USE AGREEMENT (INCLUDING
LICENSE)
FOR YOUR USE OF eMailaCard.com
DATE LAST CHANGED: October 14, 2002
CONTENTS:
1. Introduction
2. eMailaCard.com is Private Property
3. What You Can Do
4. What You Cannot Do
5. No Unlawful or Prohibited Conduct
6. You Use eMailaCard.com At Your Own Risk
7. User Suggestions and Submissions
8. LIABILITY DISCLAIMER
9. Links to Other Web Sites
10. Linkage Policies
11. Indemnification and Hold Harmless
12. eMailaCard.com and Our Company Operate Solely in Boulder County,
Colorado (U.S.A.)
13. Dispute Resolution
14. Changes to this Agreement
15. Security Information
1. Introduction
This is an Agreement between you and HomeRush.com, Inc.
("Our Company") which governs your use of the eMailaCard.com
Web site. By accessing eMailaCard.com, you are agreeing to accept and be
bound by this Agreement. Therefore, please review this Agreement to your
satisfaction. If you are not willing to accept each of the terms,
conditions, and notices in this Agreement, Our Company will not grant you
permission to use eMailaCard.com, and you will need to exit
eMailaCard.com. If you accept each of the terms, conditions, and notices
in this Agreement without modification, Our Company is willing to license
you to use the information and services on eMailaCard.com, as set forth
below.
2. eMailaCard.com Is Private Property
All content included on eMailaCard.com, such as text, graphics,
logos, button icons, images, audio clips and software, is the property of
Our Company or its content suppliers, and is protected by U.S. and
international
copyright laws. The organization and layout of all content on
eMailaCard.com, are owned and copyrighted under United States and
international copyright laws by Our Company. Copyright©2000 HomeRush.com, Inc. All rights reserved.
eMailaCard.com, eMailaCard.net eMailaCard.org, HomeRush.net, HomeRush.com and all page headers, custom graphics, and
button icons are trademarks, registered trademarks, service marks, and/or
trade dress of HomeRush.com, Inc. Other products and company names
mentioned here may be the trademarks of their respective owners.
3. What You Can Do
In exchange for your adhering to the terms of this Agreement, Our
Company grants you a limited, nontransferable license to use the
eMailaCard.com software and content to send and/or receive our cards for
current real estate clients and business associates or future prospects.
4. What You Cannot Do
Other than as expressly provided in Section 3 above, you cannot, copy,
display or distribute any content obtained from eMailaCard.com. You
cannot, under any circumstances, modify, perform, reproduce, publish,
license, create derivative works from, transfer or sell any content,
software, or services obtained from eMailaCard.com. In addition, you may
not "frame" or otherwise use the pages or other content,
software or services found on eMailaCard.com on any other Web sites or
in a networked environment. Our Company reserves all rights not
specifically granted to you. This means permission to use eMailaCard.com
software or content will be narrowly construed by a court in Our Company's
favor. If you infringe Our Company's intellectual property rights or
exceed the scope of permitted use of this license, you agree that Our
Company would be irreparably injured and may obtain a court order to
enjoin you from further mischief. Protections afforded to Our Company by
this Agreement will survive termination of any license.
5. No Unlawful or Prohibited Conduct
As a condition of your license to use eMailaCard.com, you warrant to
Our Company that you will not use eMailaCard.com in any way that is
unlawful or prohibited by this Agreement. If you violate this or any other
term of this Agreement, your license to use eMailaCard.com immediately
and automatically terminates.
6. You Use eRealty Cards.com At Your Own Risk
Our Company and its suppliers assume no responsibility for any
consequence relating directly or indirectly to your use of
eMailaCard.com, or for any action or inaction that you take based on the
services or other material provided by eMailaCard.com. You understand
this, and agree that you use the eMailaCard.com Web site at your own
risk.
7.User Suggestions and Submissions
You understand and agree that while eMailaCard.com and Our Company
appreciate your comments and suggestions concerning the services we
provide, eMailaCard.com and Our Company cannot acknowledge or return any
submitted or suggested drawings, artwork, notes, text or other ideas for
the eMailaCard.com Web site that you send to eMailaCard.com or Our
Company. If you send eMailaCard.com or Our Company any such material or
suggestions, they shall be deemed the property of Our Company, and Our
Company shall not owe you any compensation or otherwise be liable for any
use that we make of the drawings, artwork, notes, text or other ideas.
8. LIABILITY DISCLAIMER
OUR COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE CONTENT, SOFTWARE, AND SERVICES CONTAINED ON THIS WEB
SITE FOR ANY PURPOSE. ALL SUCH CONTENT, SOFTWARE, AND SERVICES ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OUR COMPANY AND
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS CONTENT, SOFTWARE, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. IN NO EVENT SHALL OUR COMPANY OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE
eMailaCard.COM WEB SITE OR WITH ANY DELAY OR INABILITY TO USE
eMailaCard.COM, OR FOR ANY INFORMATION, SOFTWARE, OR SERVICES OBTAINED
THROUGH THE eMailaCard.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF eMailaCard.COM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF OUR COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Links to Other Web Sites
eMailaCard.com may contain links to paying advertisers or other Web
sites which Our Company thinks might be of interest to you. These linked
sites, however, are not under the control of Our Company, and Our Company
is not responsible for the content of any linked site. Our Company does
not necessarily endorse companies or products to which it links, and
reserves the right to note as such on eMailaCard.com. If you decide to
access any of the third party sites linked to eMailaCard.com, you do so
at your own risk.
10. Linkage Policies
Our Company welcomes other Web sites to establish links to the Home
Page of eMailaCard.com. If you create a link to eMailaCard.com, send
an e-mail to
info@eMailaCard.com
telling us about your site, and Our Company will consider creating a
reciprocal link from eMailaCard.com back to your site. Links from
eMailaCard.com to real estate sites, however, must be purchased from Our
Company. Our Company reserves the right to decline or terminate any link
which may undermine Our Company's business interests or reputation.
11. Indemnification and Hold Harmless
By accessing eMailaCard.com, you agree to hold harmless and indemnify
Our Company, its owners, affiliates, and agents from any liability, loss,
claim, or expense (including reasonable attorneys' fees) that result from
or are in any way incidental to your use of eMailaCard.com, including
but not limited to, your violation of any terms or conditions of this
Agreement or your infringement of any intellectual property or other right
of any person or entity.
12. eMailaCard.com and Our Company Operate Solely in Boulder
County, Colorado (U.S.A.)
Due to the uncertainty and lack of uniformity of laws in other states and
countries (particularly as applied to Internet Web sites), you understand
and agree that eMailaCard.com and Our Company operate solely in Boulder
County, Colorado, U.S.A. You are using the Internet as your own agent to
access and use eMailaCard.com from the local Internet point of presence
(POP) here in Boulder, Colorado, and you are using the Internet as your
agent to take delivery of any content, software or services in Boulder
County, Colorado. This means that all services, operations, deliveries,
performance and contacts of your business with eMailaCard.com and Our
Company occur solely in Boulder, Colorado.
13.Dispute Resolution
Because eMailaCard.com and Our Company operate solely in Boulder,
Colorado, Colorado law governs this Agreement. Federal courts can hear
cases involving copyright or other issues between us. Since Our Company
makes no warranties and assumes no liabilities, and you agree in this
Agreement to hold Our Company harmless, you should have no reason to have
a grievance with us. Should you nevertheless bring legal action against
Our Company, you irrevocably agree that it will be brought and maintained
within one year after the claim arises in a court located in Boulder
County, Colorado, or be barred. To discourage unwarranted litigation, you
agree that if you sue us and don't win, you will pay our defense costs,
including reasonable fees for in-house and outside counsel. If Our Company
is required to enforce this Agreement or our rights, you agree it is
reasonable to send you legal notices and papers by electronic mail at your
stated address (Our Company would also attempt to send you a backup copy
by regular mail). Our Company's failure to insist upon strict enforcement
of any provision of this Agreement shall not preclude us from enforcing it
on future occasions.
14. Changes to this Agreement
Our Company may modify this Agreement at any time, and such modifications
shall be effective immediately after we post the modified Agreement. For
your convenience, the date this Agreement was last modified will always be
posted at the top of this Agreement. You agree to review this Agreement to
your satisfaction whenever the posted date indicates that it has been
modified since you last reviewed it. By continuing to access
eMailaCard.com after modifications to this Agreement are posted, you are
agreeing to accept the Agreement as modified. No other modifications to
this Agreement are effective unless they are in writing and signed by both
you and an authorized official of Our Company.
15. Security Information
EMC takes seriously the issue of security. Every time you
send us your credit card number and your billing and shipping
information, we use the industry-standard Secure Sockets
Layer (SSL) technology to prevent the information from being
intercepted.
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