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Note: Topline Technology Marketing, llc is not affiliated to,
or endorsed by, any local association/board of REALTORS® or the National
Association of REALTORS®.
Topline Technology Marketing, llc Terms of Use
This notice describes in detail the Terms of Use that apply to Topline
Technology Marketing, llc' products, services and websites worldwide
(collectively, Topline Technology Marketing, llc'"services"). Please understand
that by using our services or otherwise engaging in business with Topline
Technology Marketing, llc, you agree to all the Terms of Use presented below.
You hereby agree to indemnify, defend and hold harmless Topline Technology
Marketing, llc from any legal action, liability or consequence arising from the
use of our services.
Services
Topline Technology Marketing, llc provides e-Flyer creation, design and
distribution services to real estate professionals to enable them to market
their listings or services to other real estate professionals.
Customers pay a fee to Topline Technology Marketing, llc for design and
distribution of a e-Flyer, and authorize Topline Technology Marketing, llc to
distribute their e-Flyer via e-mail to other real estate professionals.
Customers further authorize Topline Technology Marketing, llc to distribute
their e-Flyers again, from time to time, at no additional charge, with or
without notice and to place their e-Flyers on our web site as a sample should we
wish. Customers warrant that any images provided to Topline Technology
Marketing, llc are the intellectual property of customer, and agree to indemnify
and defend Topline Technology Marketing, llc in the event any third party makes
a claim that images were the intellectual property of third party and used
without authorization. This indemnification includes any images which appear in
an MLS listing provided to us for the purpose of using images appearing in the
MLS links as images of the property in customer's e-Flyer.
Topline Technology Marketing, llc prices for e-Flyer design are discounted with
the understanding and agreement that Topline Technology Marketing, llc owns the
copyright to the design layout and HTML code for all e-Flyers produced and that
Topline Technology Marketing, llc will be the sole and exclusive distributor of
any customer E-mail advertisements we produce. In the event a e-Flyer designed
by Topline Technology Marketing, llc is distributed via E-mail by customer, or
another third party authorized by customer or customer's representative,
customer agrees to pay Topline Technology Marketing, llc the amount of $600 for
design services per e-Flyer sent, in addition to any amount previously paid
related to the e-Flyer in question.
Opt-out Lists
Real estate professionals who do not wish to receive any future communications
from Topline Technology Marketing, llc or its customers, may remove themselves
from the lists immediately by clicking the "Unsubscribe Me" link at the bottom
of every e-Flyer. They may also visit Account Information to change their
current preferences or to unsubscribe. In the event none of these options work,
please visit our Contact section for our contact information or Send Us an
E-Mail indicating your desire to be removed. It is Topline Technology Marketing,
llc' honest intention to remove anyone from our lists who is not interested in
receiving our communications or our customers' e-Flyers.
All Topline Technology Marketing, llc' registered users agree to receive
e-Flyers from other customers via our service.
A user who opts-out of our lists will have their account frozen and will not be
able to use Topline Technology Marketing, llc' services until they opt-in again.
To prevent abuse of our services, any customer who opts-out more than once will
have their account permanently disabled.
While Topline Technology Marketing, llc does its best to maintain an accurate
database of E-mail addresses, we cannot guarantee delivery of e-Flyers to the
addresses in our lists. This is because individual settings may block E-mails or
sort them into a folder other than the "inbox" and we have no way of controlling
those individual settings. It is also possible that some ISPs will block E-mail
they consider to be SPAM. Topline Technology Marketing, llc, unfortunately, has
no control over any steps ISP's may take to block our E-mail.
Anti-Spam Compliance
Topline Technology Marketing, llc' communications (also e-Flyers) are NOT for
commercial use and contain a clear and effective way to unsubscribe (also
Opt-Out) from our lists in compliance with the CAN-SPAM (Controlling the Assault
of Non-Solicited Pornography and Marketing) Act of 2003.
Topline Technology Marketing, llc' communications include the Company Name, as
well as the company's physical address.
Topline Technology Marketing, llc' communications also include the name of the
agent or real estate professional (also customer) using our services as well as
their company's name and physical address.
Topline Technology Marketing, llc ensures all subject lines are spam-compliant
by prohibiting misleading information. Each e-Flyer sent through our service
begins with the MLS Area # of the property or the Community Name where said
property is located with a brief description of the property or information
being shared (Just Listed, Price Reduced, Open House, etc.). This is provided in
the subject line so real estate professionals may quickly, at a glance,
determine which e-Flyer might be relevant to their business so they may open and
read them, while quickly deleting any other ones they deem not relevant. When
e-Flyers are sent for real estate related businesses, their subject lines
contain a clear and precise message regarding the content of their communication
so real estate professionals may again, at a glance, determine a e-Flyer's
relevance before opening it.
Topline Technology Marketing, llc honors all unsubscribe requests with no
questions asked immediately.
It is our sincere intent to remove anyone from our list who does not wish to
receive E-mails from our customers. Furthermore, we do not sell our lists,
including lists of "opt out" email addresses. Real estate professionals should
feel 100% confident that their request to be removed from our list will NOT
cause them to receive e-mail from anyone else.
While Topline Technology Marketing, llc maintains an E-mail database of real
estate professionals, it is the responsibility of the customer to verify use of
this database does not violate the Articles or Bylaws of their Local or National
Association of REALTORS®.
Refund Policy and Your Duties as a Customer
To receive a refund/cancellation a request must be emailed to within 2 hours of
submitting your order and before a e-Flyer designer has begun creation of the
e-Flyer. Alternatively you may call our direct line shown on our Contact
information.
There will be no refunds/cancellation once the real estate agent or vendor has
approved any type of "proof" provided by Topline Technology Marketing, llc.
ccc
A customer has 72 hours to approve a proof provided by Topline Technology
Marketing, llc. It is the customer's responsibility to check both their regular
("Inbox") and "Bulk Mail" or "Spam" folders for proofs and to respond to proofs
in a timely manner. In the event this deadline is missed because the customer
did not promptly reply to a proof, the customer forfeits their right to a
refund.
In the event a customer cancels their e-Flyer after a proof has been sent but
before distribution, Topline Technology Marketing, llc may, at its sole
discretion, provide a Service Credit equating all or part of the unused cost of
distribution for a new e-Flyer. This Service Credit can be used for future
orders. Please understand that this means that no cash refund will be provided
once a proof has been sent.
Topline Technology Marketing, llc has the final say in approvals of all
refunds/cancellation and requests.
Payment for Services Rendered
Any outstanding dues must be paid at time of ordering by using our Secured
Shopping Cart, which accepts all major credit cards. If there is an issue and
our checkout system is not working properly for some reason, the customer needs
to immediately Contact Us for other payment methods. If for some reason a
customer's credit card is declined, the agent or vendor must speedily provide
payment in full by other means within 24hrs.
Changes to this Terms of Use
Topline Technology Marketing, llc may update this Terms of Use at any time. It
is the customers responsibility to check the Terms of Use section of Topline
Technology Marketing, llc on a regular basis so they are aware of any changes
that have been made.
Your Agreement with These Terms
By using our services or otherwise engaging in business with Topline Technology
Marketing, llc, you agree to all the Terms of Use presented in this page.
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