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You should read
this Legal information carefully before using
this Web Site. By using the Web Site, you agree
to the following terms of use. If you do not
agree to these terms, please do not use this Web
Site. Three sets of terms follow. The first -
the DISCLAIMER - describes the terms on which
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com offers access to our
web site, whether or not you sign up to use the
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com Web Hosting and
E-Commerce Services. The second -- the AGREEMENT
FOR USE OF IMARKETINGPRO.COM,
AMERICANDESIGNPRO.COM, DIGITALMARKETINGPRO.COM
AND/OR IDIGITALMARKETINGPRO.COM WEB HOSTING AND
E-COMMERCE SERVICES - is a legally binding
contract between us which you must enter into in
order to be eligible to use the Web Hosting and
E-Commerce Services. The third - the ACCEPTABLE
USE POLICY - governs your use of our web site,
whether or not you have consented to the
Agreement.
DISCLAIMER
The information on
this website is provided as a service by
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com While every effort is
made to keep this information as accurate as
possible, WE DISCLAIM ANY IMPLIED WARRANTY OR
REPRESENTATION ABOUT ITS ACCURACY, COMPLETENESS
OR APPROPRIATENESS FOR A PARTICULAR PURPOSE.
Those persons who access this information assume
full responsibility for the use of the
information and understand and agree that
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com is not responsible or
liable for any claim, loss or damage arising
from the use of the information. Reference to
specific products, processes or services does
not constitute or imply recommendation or
endorsement by ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com. The views and
opinions expressed within these documents do not
necessarily reflect those of ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com uses its best efforts
to maintain this program and website, but is not
responsible for the results of any defects that
may be found to exist in the program, or any
lost profits or other consequential damages that
may result from such defects. You should not
assume that it is error-free or that it will be
suitable for the particular purpose that you
have in mind when using it. All information
provided is deemed reliable but is not
guaranteed and should be independently verified.
All real estate advertising placed by anyone
through this service is subject to the US
Federal Fair Housing Act of 1968 as amended
which makes it illegal to advertise "any
preference, limitation or discrimination based
on race, color, religion, sex, handicap, family
status or national origin or an attention to
make any such preference, limitation or
discrimination." Local and foreign laws add
prohibitions against discrimination based on
age, parental status, sexual orientation,
political ideology, financial status, and
perhaps other basis. Please check with your
local government agency for more information.
This service will not knowingly accept any
advertisement which is in violation of the law.
Our readers are hereby informed that all
dwellings, under the jurisdiction of U.S.
Federal regulations advertised in this service
are available on an equal opportunity basis.
Except as specifically stated on this site,
neither ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com nor any of its
directors, employees or other representatives
will be liable for damages arising out of or in
connection with the use of this site. This is a
comprehensive limitation of liability that
applies to all damages of any kind, including
(without limitation) compensatory, direct,
indirect or consequential damages, loss of data,
income or profit, loss of or damage to property
and claims of third
parties.ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com, and the
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com logo.
System, are
service marks or trademarks of
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com All other trademarks
are the property of their respective owners. All
web site design, text, graphics, the selection
and arrangement thereof, and all software are
Copyright © 2004 by ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com ALL RIGHTS
RESERVED. Permission is granted to
electronically copy and to print in hard copy
portions of this Web site for the sole purpose
of assisting users of this Web site in their
real estate transactions. Any other use of the
information and material on this Web site,
including reproduction for purposes other than
those listed above, modification, distribution,
or republication without prior written
permission of ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com is strictly
prohibited. All figures, characters, names,
places, pictures, etc. used for illustrative
examples are for demonstration purposes only and
should not be considered actual or real.
AGREEMENT FOR USE
OF IMARKETINGPRO.COM,AMERICANDESIGNPRO.COM,
DIGITALMARKETINGPRO.COM AND/OR
IDIGITALMARKETINGPRO.COM WEB HOSTING AND
E-COMMERCE SERVICES
BEFORE YOU USE OR
ACCEPT THE WEB HOSTING OR E-COMMERCE SERVICES
PROVIDED BY
IMARKETINGPRO.COM,AMERICANDESIGNPRO.COM,
DIGITALMARKETINGPRO.COM AND/OR
IDIGITALMARKETINGPRO.COM, AND IN ORDER TO
CONTINUE THE USE OF THESE SERVICES, CAREFULLY
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY INPUTTING SUBSCRIBER INFORMATION,
REGISTERING, OR ACTIVATING YOUR WEB HOSTING
ACCOUNT, YOU ARE AGREEING TO BE BOUND BY, AND
ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU
DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, DO NOT INPUT
SUBSCRIBER INFORMATION, REGISTER, OR ACTIVATE
YOUR ACCOUNT. This agreement ("Agreement")
becomes effective when you complete all of the
membership information required on the Member
Registration Form. This Agreement is between
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com
("ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com"), a Texas corporation,
and the Member ("Member", "you", or "your").
This Agreement sets forth the terms and
conditions under which you agree to use
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's Web Hosting and
eCommerce Services ("Service" or "Services").
Terms
of Service
Commencing on the
date on which you initiate the Services, you
will have use of the Services pursuant to the
terms and conditions set forth herein and in the
accompanying Acceptable Use Policy. In exchange,
you will pay the current charges for such
Services and any and all taxes thereon, if
applicable. The Services shall continue until
the earlier of such time as you provide
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com with notice that you
wish to discontinue the Services, the Services
are terminated and/or canceled by
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com, as set forth herein,
or ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com ceases to offer the
Services to the general public. For termination
of prepaid
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com monthly or annual
accounts, notice must be received by
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com at least ten calendar
days prior to the billing date in order to avoid
charges for the subsequent period.
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com has the exclusive legal
right to use the ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com trademark and
logos. Unauthorized use of any
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com trademark or logo is a
violation of federal and state trademark laws.
All other products and company names mentioned
in the ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com site may be trademarks
of their respective owners. ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com reserves the
right to seek all remedies available at law and
in equity for violations of the rules and
regulations set forth in this Site, including
the right to block access from a particular
Internet address to the Site. ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com reserves the
right to modify or discontinue the Services, and
any rates, terms, or conditions, at any time.
Modifications
ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com may modify this
Agreement, the terms, conditions, and charges
for the Services, and its Acceptable Use Policy
at any time in its sole discretion. Any
modification is effective immediately upon
either a posting on the ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com Home Page, or by
a message from
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com sent by electronic
mail, or by conventional mail. If any
modification to this Agreement is unacceptable
to you, you may immediately terminate the
Services. However, if you do not terminate the
Services, or continue to use the Services
following modification to this Agreement, your
continued use will mean that you have accepted
that modification.
Fees
ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com will bill your
credit card for all charges and services
provided unless other arrangements are agreed to
in writing. Recurring charges are billed in
advance of service. In the event legal action is
necessary to collect on balances due, you agree
to reimburse ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com for all expenses
incurred to recover sums due, including
attorneys fees and other legal expenses. You are
responsible for purchase of, and payment of
charges for, Internet access services and
telecommunications services needed for use of
the Services.
Personal
Information
You hereby certify
that you are not a minor. For purposes of
identification, billing and marketing, you must
provide accurate, complete, and updated
information to register for use of the Services
("Member Registration Data"), including your
legal name, address, telephone number(s), email
address, and applicable payment data (for
example, a credit card number and expiration
date). Provision of Services You understand and
agree that temporary interruptions of the
Services may occur as normal events. You further
understand and agree that
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com has no control over
third party networks you may access in the
course of the use of the Services, and
therefore, delays and disruption of other
network transmissions are completely beyond the
control of
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com.
Linked
Internet Sites
The links in this
web site will let the user leave
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's site. The linked
sites are not under the control of
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com, and ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com is not
responsible for the content available on any
other Internet sites linked to the web site.
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com is providing these
links to other Internet sites as a convenience
to users, and access to any other Internet sites
linked to this web site is at the user's own
risk. The inclusion of any link does not imply a
recommendation or endorsement by
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com of the linked site.
Disclaimer
of Warranty and Limitation of Liability
ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com will make
commercially reasonable efforts to provide
continuous, uninterrupted, expedient, and
error-free Service to you. Under no
circumstances shall
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com be liable to you or any
other person for any special, incidental,
consequential, or punitive damages of any kind,
including without limitation, loss of profits,
loss of income or cost of replacement Services.
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's liability for damages
in regards to extraordinary and unreasonable
interruptions of service, or for mistakes,
omissions, delays, errors and defects
(including, but not limited to, interruption of
service, deletion of files, loss of or damage to
data, and damages resulting from computer
viruses) in the provision of the Services, shall
in no event exceed an amount equal to the
prorata charges to you for the period during
which the Services are affected. YOU HEREBY
ACKNOWLEDGE THAT THIS PROVISION WILL APPLY
WHETHER OR NOT
IMARKETINGPRO.COM,AMERICANDESIGNPRO.COM,
DIGITALMARKETINGPRO.COM AND/OR
IDIGITALMARKETINGPRO.COM IS GIVEN NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES AND THAT THIS
PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE
OR SERVICES AVAILABLE FROM
IMARKETINGPRO.COM,AMERICANDESIGNPRO.COM,
DIGITALMARKETINGPRO.COM AND/OR
IDIGITALMARKETINGPRO.COM OR ITS AFFILIATES AND
VENDORS. EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT, IMARKETINGPRO.COM,
AMERICANDESIGNPRO.COM, DIGITALMARKETINGPRO.COM
AND/OR IDIGITALMARKETINGPRO.COM HEREBY DISCLAIMS
ANY AND ALL WARRANTIES INCLUDING IMPLIED
WARRANTIES OF FITNESS, MERCHANTABILITY, AND
PERFORMANCE. IMARKETINGPRO.COM,
AMERICANDESIGNPRO.COM, DIGITALMARKETINGPRO.COM
AND/OR IDIGITALMARKETINGPRO.COM MAKES NO
WARRANTY THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES IMARKETINGPRO.COM,
AMERICANDESIGNPRO.COM, DIGITALMARKETINGPRO.COM
AND/OR IDIGITALMARKETINGPRO.COM MAKE ANY
WARRANTY AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA UPLOADED, DOWNLOADED, OR OTHERWISE
OBTAINED, THROUGH THE USE OF THE SERVICES IS
DONE AT YOUR OWN RISK, AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE UPLOAD OR DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY IMARKETINGPRO.COM,
AMERICANDESIGNPRO.COM, DIGITALMARKETINGPRO.COM
AND/OR IDIGITALMARKETINGPRO.COM, ITS EMPLOYEES,
LICENSORS, AGENTS OR THE LIKE, WILL CREATE A
WARRANTY, AND YOU MAY NOT RELY ON SUCH ORAL
ADVICE OR WRITTEN INFORMATION. Through your use
of the Services, you may have the opportunities
to engage in commercial transactions with other
Internet users and vendors. You acknowledge that
all transactions relating to any merchandise or
services offered by any party, including, but
not limited to the purchase terms, payment
terms, warranties, guarantees, maintenance and
delivery terms relating to such transactions,
are agreed to solely between the seller or
purchaser of such merchandize and services and
you. IMARKETINGPRO.COM, AMERICANDESIGNPRO.COM,
DIGITALMARKETINGPRO.COM AND/OR
IDIGITALMARKETINGPRO.COM MAKES NO WARRANTY
REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR
IN CONNECTION WITH THE SERVICES, AND YOU
UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE
CONDUCTED ENTIRELY AT YOUR OWN RISK.
Indemnity
You agree to
indemnify and hold
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com harmless from all
claims, losses, liens, expenses, suits and
attorneys' fees ("Liabilities") for all damages,
including without limitation injuries to or
death of any person and for damages to or loss
of any property which may in any way arise out
of or result from or in connection with your use
of the Services, except to the extent that such
Liabilities arise from the willful misconduct of
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com. You agree to indemnify
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com, its affiliates and
subsidiaries, in the event that your use of the
Services (i) constitutes a violation of any law,
regulation or tariff (including, without
limitation, copyright and intellectual property
laws); (ii) is defamatory, fraudulent or
deceptive, (iii) is intended to threaten, harass
or intimidate, (iv) violates
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's Acceptable Use Policy
as it is modified from time to time, or (v)
interferes with other customers' use or
enjoyment of the Services provided by
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com. You agree to indemnify
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com, its affiliates and
subsidiaries for any tax caused by your use of
the Services, for which You are responsible
hereunder, which you fail to pay.
Advertising
You shall not use
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's name or any language,
pictures or symbols which could, in
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's judgment, imply
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's endorsement in any
(i) written or oral advertising or presentation,
or (ii) brochure, newsletter, book, or other
written material of whatever nature, without
prior written consent.
Member
Responsibilities and Use Limitations
You agree to
comply with ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com's Acceptable Use
Policy as it may be modified from time to time,
and to comply with the rules, regulations, and
policies applicable to any network you access.
Any violation of such rules, regulation and
policies, or any network policy document issued
by ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com, shall be cause for
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com to suspend or terminate
the Services. You agree that you will not place
or allow anyone using your account to place any
copyrighted material on the Service without the
permission of the copyright owner or persons
authorized by the copyright owner to grant
permission. You are responsible for obtaining
the necessary permission before permitting any
copyrighted material that belongs to others to
be placed on the Service. You may download the
material available on the Service only for your
personal, non-commercial use. Except as
authorized to use material without express
permission under the copyright laws, you are
responsible for obtaining permission before
reusing any copyrighted material that is
available on the Service. Nothing contained in
this Agreement may be construed to convey to you
any interest, title, or license in the user ID,
URL, IP Address, or domain name used by you in
connection with the Services.
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com reserves the right to
suspend or terminate the Services to you, or any
user ID, URL, IP Address, or domain name used by
you, in the event it is used in a manner which
(i) constitutes violation of any law, regulation
or tariff (including, without limitation,
copyright and intellectual property laws); (ii)
is defamatory, fraudulent, obscene or deceptive;
(iii) is intended to threaten, harass or
intimidate; (iv) tends to damage the name or
reputation of
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com, its parent, affiliates
and subsidiaries; (vi) violates
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's Acceptable Use Policy
or (vii) interferes with other customers' use
and enjoyment of the Services provided by
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com. You understand and
agree that any attempt to break security, or to
access an account which does not belong to you,
shall be considered a material breach of this
Agreement, and such breach may, without limiting
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's other remedies,
result in suspension or termination of the
Services. You further agree to immediately
notify ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com of (i) any unauthorized
use of your account and/or (ii) any breach, or
attempted breach, of security known to you.
License
Grant and Copyright Notice
You retain all
rights in any material uploaded to the Service
by you or others you authorize to use your
account. You grant
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com and its designated
licensees a non-exclusive, paid-up, perpetual,
and worldwide right to copy, distribute,
display, perform, publish, translate, adapt,
modify, and otherwise use such material in
connection with the
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com Service regardless of
the medium, technology, or form in which it is
used. The entire content of the Service is
copyrighted by ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com as a collective
work under the United States copyright laws.
Portions of the Service are provided to
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com under license. The
copying, reproduction, or publication of any
part of the Service is prohibited, unless
expressly authorized in writing by
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com.
Force
Majeure
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com shall not be
responsible for damages or for delays or
failures in performance resulting from acts or
occurrences beyond their reasonable control,
including, without limitation: fire, lightning,
explosion, power surge or failure, water, acts
of God, war, revolution, civil commotion or acts
of civil or military authorities or public
enemies: any law, order, regulation, ordinance,
or requirement of any government or legal body
or any representative of any such government or
legal body; or labor unrest, including without
limitation, strikes, slowdowns, picketing, or
boycotts; inability to secure raw materials,
transportation facilities, fuel or energy
shortages, or acts or omissions of other common
carriers.
Cancellation,
Termination, and Assignment
In the event that
a ruling, regulation, or order issued by a
judicial, legislative or regulatory body causes
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com to believe that this
Agreement and/or the Services provided
hereunder, may be in conflict with such rules,
regulations, or orders,
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com may suspend or
terminate the Services, or terminate this
Agreement, without liability. Cancellation
Charges: ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com does not refund
charges for unused service. If you fail for
fifteen (15) days to pay any charge when due,
including, but not limited to, product charges,
service charges, or taxes, or if you fail for
fifteen (15) days to perform or observe any
other material term or condition of this
Agreement, or, immediately, if you provide false
or inaccurate information which is required for
the provision of the Services or is necessary to
allow ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com to bill you for the
Services, and such condition continues
unremedied for thirty days, you shall be in
default and
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com may suspend or
terminate the Services. You may not assign your
account for Services to anyone without the
express written consent of ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com. Upon reasonable
notice, ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com may assign its rights
and obligations under this Agreement.
Notices
Any notices in
connection with this Agreement must be sent to
each party as follows: To ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com: c/o
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com. Email:
notices@ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com To you: The e-mail
address supplied for your account. Any notices
or communication under this Agreement will be
deemed delivered to the party receiving such
communication (1) on the delivery date if
delivered personally to the party; (2) two
business days after deposit with a commercial
overnight carrier, with written verification of
receipt; (3) five business days after the
mailing date, if sent by US mail, return receipt
requested; (4) on the delivery date if
transmitted by confirmed facsimile; or (5) on
the delivery date if transmitted by confirmed
e-mail.
General
This Agreement,
and the provision of the Services, may be
terminated at any time by either party upon
written notice to the other. This Agreement
shall be construed in accordance with the Laws
of the State of Texas. Travis County shall be
the sole and exclusive venue for any dispute
arising hereunder. Some jurisdictions do not
allow the exclusion of certain warranties, in
which case such warranty exclusions may not
apply to you. This Agreement and the
accompanying Acceptable Use Policy, Privacy
Policy, and the web site Disclaimer constitute
the entire agreement between you and
ImarketingPro.com AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com with respect to the
Service and supersede all other communications.
The provisions of this Agreement are for the
benefit of ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com.com and its
service providers, licensors, directors,
employees, and agents; and each may assert and
enforce those provisions directly on its own
behalf.
Acceptable Use
Policy
IMPORTANT NOTE:
THIS DOCUMENT IS UPDATED OFTEN. PLEASE MAKE A
HABIT OF REVIEWING IT FROM TIME TO TIME TO STAY
ABREAST OF ACCEPTABLE AS WELL AS INAPPROPRIATE
USES OF YOUR
IMARKETINGPRO.COM,AMERICANDESIGNPRO.COM,
DIGITALMARKETINGPRO.COM AND/OR
IDIGITALMARKETINGPRO.COM.COM
("IMARKETINGPRO.COM,AMERICANDESIGNPRO.COM,
DIGITALMARKETINGPRO.COM AND/OR
IDIGITALMARKETINGPRO.COM") ACCOUNT. REPORTS OF
ACTIVITY IN VIOLATION OF THIS POLICY MAY BE SENT
VIA E-MAIL TO
COMPLIANCE@IMARKETINGPRO.COM,AMERICANDESIGNPRO.COM,
DIGITALMARKETINGPRO.COM AND/OR
IDIGITALMARKETINGPRO.COM.
Introduction
ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com.com has
established an Acceptable Use Policy in order
clarify the duties and responsibilities of the
Members. This document is intended to provide a
general understanding of ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com's Acceptable Use
Policy. No express of implied warranties are
made by ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com in this
document. The following factors guide the
establishment and enforcement of
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's usage policies:
Ensure reliable
service to our customers Ensure security and
privacy of our systems and network, as well as
the networks and systems of others Comply with
existing laws Maintain our reputation as a
responsible service provider Encourage
responsible use of the Internet and discourage
activities which reduce the usability and value
of Internet services Preserve the value of
Internet resources as a conduit for free
expression and exchange of information Preserve
the privacy and security of individual users
We do not
routinely monitor the activity of accounts
except for measurements of system utilization
and the preparation of billing records. However,
in our efforts to promote good citizenship
within the Internet community, we will respond
appropriately if we become aware of
inappropriate use of our service. If your
account is used to violate the Acceptable Use
Policy, we reserve the right to terminate your
service without notice. We may also suspend the
account, restrict access to it, or remove
content from it if necessary or appropriate. We
prefer to advise customers of inappropriate
behavior and any necessary corrective action.
However, flagrant violations of the Acceptable
Use Policy will result in immediate termination
of service. Our failure to enforce this policy,
for whatever reason, shall not be construed as a
waiver of our right to do so at any time. As a
member of our real estate community, you must
use your membership responsibly. If you have any
questions regarding this policy, please contact
us at policy@ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com
General
Information
Your
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com account provides you
with the opportunity to upload, view, organize,
and annotate a variety of your photographs and
images quickly and conveniently. Your use of
these services is subject to the following
policy. Violations of this policy may result in
termination of your account with or without
notice in accordance with the Agreement for Use
of ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com.com Services that you
accepted at the time you created your account.
In general, you may NOT use your
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com account:
In a manner that
violates any law, regulation, treaty or tariff
or infringes on the legal rights of any third
party; In a manner which is defamatory,
fraudulent, indecent, offensive or deceptive; To
threaten, harass, abuse or intimidate others; To
damage the name or reputation of
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com, its affiliates,
employees, owners, or subsidiaries; To break
security on any computer network, or to access
an account that does not belong to you; or In a
manner that interferes with other customers' use
and enjoyment of the services provided by
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com.
ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com reserves sole
discretion to determine whether any use of the
service is a violation of this policy.
Guidelines for using your account follows. This
information is only a guideline, and is not
intended to be all-inclusive.
Subscription
Account Usage
Subscription can
be cancelled at any time with 15 days written
notice. Subscriber agrees to have the cost of
the initial Agent Starter Kit and the cost of
the on-going monthly service (plus any
applicable sales taxes) automatically charged to
their credit card. Subscriber understands that
this Imarketingpro.com service is offered solely
on an on-going subscription basis and may be
cancelled automatically for non-payment. Should
the subscription expire, the client software
will no longer function and the online account
and tours will not be accessible. Any tours and
account information will be retained for 90 days
after the expiration or cancellation of an
account. A $150 reactivation fee will be charged
to reactivate the account.
A single agent
subscription agreement permits one agent to
create an unlimited number of tours for their
own personal listings, tours for their buyers,
or neighborhood tours. The Imarketingpro.coms
will be branded to the agent with the inclusion
of their individual photo and their individual
name in their account profile to display in the
contact information feature. Nothing in the
tour's features can indicate that this account
represents more than one person. Additionally
words such as Team, Group, Crew, or similar
terms which generally indicate that multiple
persons are subscribed to this account are not
acceptable in branding a single agent account.
Posting of tours other than the agent's own
tours (i.e. office tours, tours for other
agents, multiple agent teams, etc.) shall be
cause for immediate cancellation of this
agreement.
An agent team
subscription allows more than one agent working
together as a team to create tours for their
listings. A team is defined as more than one
person that markets their services collectively
(i.e. The Smith Team, or Mary and Bob Richards).
Subscriber may add or remove team members to the
subscription for an additional fee. The
Imarketingpro.com’s will be branded to the agent
team with the inclusion of their team photo and
each of their names in their account profile.
Posting of tours other than the agent team's own
tours (i.e. office tours, tours for other
agents, etc.) shall be cause for immediate
cancellation of this agreement. Additional
Agent Team members are defined as any living
persons including spouses, family members,
non-licensed staff members or others.
Web Sites;
Prohibited Content
ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com provides storage
space and access for photographs and related
audio files through its Web Hosting service.
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com will not routinely
monitor the contents of your Imarketingpro.com
presentations. You are solely responsible for
any information contained in your presentations.
However, if complaints are received regarding
language, content, or graphics contained on your
web site, ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com may, at its sole
discretion, remove the presentations hosted on
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com servers and terminate
your Web Hosting service. We may also suspend
the account, restrict access to it, or remove
content from it if necessary or appropriate. You
may not use your web site to publish material
that ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com determines, at its sole
discretion, to be unlawful, indecent, or
objectionable. For purposes of this policy,
"material" refers primarily to photographs, but
also extends to cover all forms of communication
that the ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com site may allow,
including narrative descriptions, other graphics
(including illustrations, images, drawings,
logos), executable programs, video recordings,
and audio recordings. Unlawful content is that
which violates any law, statute, treaty,
regulation, or order. This includes, but is not
limited to: obscene material; defamatory,
fraudulent, or deceptive statements;
threatening, intimidating, or harassing
statements, or material that violates the
privacy rights or property rights of others
(copyrights or trademarks, for example).
Indecent content is that which depicts sexual or
excretory activities in a patently offensive
matter as measured by contemporary community
standards. Objectionable content is otherwise
legal content with which
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com concludes, in its sole
discretion, it does not want to be associated in
order to protect its reputation and brand image,
or to protect its employees, shareholders and
affiliates. This includes, but is not limited
to, all content that, in the sole discretion of
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com, is determined to be
advertising or otherwise for commercial
purposes, unless expressly permitted in writing
by ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com. Objectionable content
may include, without limitation:
1.Materials
that depict or describe scantily-clad and
lewdly depicted male and/or female forms or
body parts, and which lack serious literary,
artistic, political or scientific value.
2.Materials
that suggest or depict obscene, indecent,
vulgar, lewd or erotic behavior, and which
lack serious literary, artistic, political
or scientific value.
3.Materials
that hold
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com including its
affiliates, employees or shareholders up to
public scorn or ridicule.
4.Materials
that encourage the commission of a crime; or
which tends to incite violence; or which
tends to degrade any person or group based
on sex, nationality, religion, color, age,
marital status, sexual orientation,
disability or political affiliation.
Security
You are
responsible for any misuse of your account, even
if the inappropriate activity was committed by a
friend, family member, guest, or employee.
Therefore, you must take steps to ensure that
others do not gain access to your account. In
addition, you may not use your account to breach
security of another account or attempt to gain
unauthorized access to another network or
server. You must adopt adequate security
measures to prevent or minimize unauthorized use
of your account. You may not attempt to
circumvent user authentication or security of
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com. This includes, but is
not limited to, attempting to access data not
intended for you, logging into or making use of
a server or account you are not expressly
authorized to access, or probing the security of
other networks. Use or distribution of tools
designed for compromising security is
prohibited. Examples of these tools include, but
are not limited to, password guessing programs,
cracking tools or network probing tools. Users
who violate systems or network security may
incur criminal or civil liability.
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com will cooperate fully
with investigations of violations of systems or
network security at other sites, including
cooperating with law enforcement authorities in
the investigation of suspected criminal
violations.
Network
Management
You are
responsible for ensuring that the services
obtained from
ImarketingPro.com,AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com are used in an
appropriate manner by those who you encourage to
view your presentations. Therefore, you must
take steps to manage the use of the services
obtained from ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com in such a way
that network abuse is minimized. You must
respond in a timely manner to complaints
concerning misuse of the services obtained from
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com. Failure to responsibly
manage the use of the services obtained from
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com may be cause for
termination of services to you.
Network
Performance
ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com accounts operate
on shared resources. Excessive use or abuse of
these shared network resources by one customer
may have a negative impact on all other
customers. Misuse of network resources in a
manner which impairs network performance is
prohibited by this policy and may result in
termination of your account. You are prohibited
from excessive consumption of resources,
including CPU time, memory, disk space, and
session time. You may not use resource-intensive
programs which negatively impact other customers
or the performance of ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com systems or
networks. ImarketingPro.com,
AmericanDesignpro.com, DigitalMarketingpro.com
and/or IdigitalMarketingpro.com reserves the
right to terminate or limit such activities.
Illegal
Activity
Any activity
on our network that is a violation of any
state or federal law is a violation of this
policy and will result in immediate
termination of service. Without limitation,
you may not use the web site to:
1.Transmit
obscene materials
2.Intentionally spread or threaten to spread
computer viruses
3.Gain or
attempt to gain unauthorized access to any
network, including ImarketingPro.com,
AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com's private network
infrastructure.
4.Access or
attempt to access information not intended
for you
5.Transmit
pirated software
Last updated:
07/20/2006
Copyright © 2004
ImarketingPro.com, AmericanDesignpro.com,
DigitalMarketingpro.com and/or
IdigitalMarketingpro.com
All rights
reserved.
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