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1. Definitions.
"FreeLoanFlyers.com" is the interactive on-line service operated by
Dynamic Marketing Partners, LLC (“DMP”) on the World Wide Web of the
Internet, consisting of information services and content provided by
DMP, affiliates of DMP and other third parties. "Subscriber" means
each person who establishes or accesses a connection ("Account") for
access to and use of FreeLoanFlyers.com.
2. General.
(A) This Agreement, which incorporates by reference other provisions
applicable to use of FreeLoanFlyers.com, including, but not limited
to, supplemental terms and conditions set forth in paragraph 14
hereof ("Supplemental Terms") governing the use of certain specific
material contained in FreeLoanFlyers.com, sets forth the terms and
conditions that apply to use of FreeLoanFlyers.com by Subscriber. By
using FreeLoanFlyers.com (other than to read this Agreement for the
first time), Subscriber agrees to comply with all of the terms and
conditions hereof. The right to use FreeLoanFlyers.com is personal
to Subscriber and is not transferable to any other person or entity.
Subscriber is responsible for all use of Subscriber's Account (under
any screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the
confidentiality of Subscriber's password(s), if any.
(B) DMP shall have the right at any time to change or discontinue
any aspect or feature of FreeLoanFlyers.com, including, but not
limited to, content, hours of availability, and equipment needed for
access or use.
3. Changed Terms.
DMP shall have the right at any time to change or modify the terms
and conditions applicable to Subscriber's use of FreeLoanFlyers.com,
or any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not
limited to, posting on FreeLoanFlyers.com, or by electronic or
conventional mail, or by any other means by which Subscriber obtains
notice thereof. Any use of FreeLoanFlyers.com by Subscriber after
such notice shall be deemed to constitute acceptance by Subscriber
of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access
to and use of FreeLoanFlyers.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use FreeLoanFlyers.com for lawful purposes
only. Subscriber shall not post or transmit through
FreeLoanFlyers.com any material which violates or infringes in any
way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which,
without DMP's express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a
Subscriber that in DMP's discretion restricts or inhibits any other
Subscriber from using or enjoying FreeLoanFlyers.com will not be
permitted. Subscriber shall not use FreeLoanFlyers.com to advertise
or perform any commercial solicitation, including, but not limited
to, the solicitation of users to become subscribers of other on-line
information services competitive with FreeLoanFlyers.com.
(B) FreeLoanFlyers.com contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of FreeLoanFlyers.com are copyrighted as a collective work
under the United States copyright laws. DMP owns a copyright in the
selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. Subscriber may
not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content,
in whole or in part. Subscriber may download copyrighted material
for Subscriber's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express permission of DMP and
the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in
or deletion of author attribution, trademark legend or copyright
notice shall be made. Subscriber acknowledges that it does not
acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on
FreeLoanFlyers.com any material protected by copyright, trademark or
other proprietary right without the express permission of the owner
of the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by
copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of
FreeLoanFlyers.com, Subscriber automatically grants, or warrants
that the owner of such material has expressly granted DMP the
royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that
may exist in such material. Subscriber also permits any other
Subscriber to access, view, store or reproduce the material for that
Subscriber's personal use. Subscriber hereby grants DMP the right to
edit, copy, publish and distribute any material made available on
FreeLoanFlyers.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of
DMP, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and
enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF FREELOANFLYERS.COM IS AT
SUBSCRIBER'S SOLE RISK. NEITHER DMP, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT FREELOANFLYERS.COM WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF FREELOANFLYERS.COM, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH FREELOANFLYERS.COM.
(B) FREELOANFLYERS.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT DMP
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL DMP, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING FREELOANFLYERS.COM OR THE
FREELOANFLYERS.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE FREELOANFLYERS.COM. SUBSCRIBER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
FREELOANFLYERS.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, DMP, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE
LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
FREELOANFLYERS.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES
ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES. PRIOR TO THE DISTRIBUTION OF A FLYER,
SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER
FINANCIAL REPRESENTATIVE TO VERIFY COMPLIANCE WITH LOCAL, STATE, AND
FEDERAL LAWS OR OTHER INFORMATION. DMP, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
NON-COMPLIANCE BASED ON THE INFORMATION PROVIDED. NEITHER, DMP,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
7. Monitoring.
DMP shall have the right, but not the obligation, to monitor the
content of FreeLoanFlyers.com, including chat rooms and forums, to
determine compliance with this Agreement and any operating rules
established by DMP and to satisfy any law, regulation or authorized
government request. DMP shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted to or
posted on FreeLoanFlyers.com. Without limiting the foregoing, DMP
shall have the right to remove any material that DMP, in its sole
discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless DMP, its
affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of FreeLoanFlyers.com by
Subscriber or Subscriber's Account.
9. Termination.
Either DMP or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, DMP shall have the right to
immediately terminate Subscriber's Account in the event of any
conduct by Subscriber which DMP, in its sole discretion, considers
to be unacceptable, or in the event of any breach by Subscriber of
this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8,
10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
DMP, FreeLoanFlyers.com, and each of their logos are trademarks of
Dynamic Marketing Partners, LLC. All rights reserved. All other
trademarks appearing on FreeLoanFlyers.com are the property of their
respective owners.
11. Third Party Content.
DMP is a distributor (and not a publisher) of content supplied by
third parties and Subscribers. Accordingly, DMP has no more
editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available
by third parties, including information providers, Subscribers or
any other user of FreeLoanFlyers.com, are those of the respective
author(s) or distributor(s) and not of DMP. Neither DMP nor any
third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. (Refer to Section 6 above for
the complete provisions governing limitation of liabilities and
disclaimers of warranty.)
In many instances, the content available through FreeLoanFlyers.com
represents the opinions and judgments of the respective information
provider, Subscriber, or other user not under contract with DMP. DMP
neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on FreeLoanFlyers.com by
anyone other than authorized DMP employee spokespersons while acting
in their official capacities. Under no circumstances will DMP be
liable for any loss or damage caused by a Subscriber's reliance on
information obtained through FreeLoanFlyers.com. It is the
responsibility of Subscriber to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other content
available through FreeLoanFlyers.com. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for FreeLoanFlyers.com
established by DMP constitute the entire agreement of the parties
with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with respect
to such subject matter. This Agreement shall be construed in
accordance with the laws of the State of Nevada, without regard to
its conflict of laws rules. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used herein
are for convenience only and shall not be given any legal import.
13. Refunds Payments for services rendered by DMP are payable in whole increments only. There will be no pro-rated refunds offered on prepaid products. Example: If user pays for one year of service and wants to cancel after eight months, a refund will not be paid for the remaining four months, but services will continue to be rendered if the client so desires.
14. Copyrights and Copyright Agent.
DMP respects the rights of all copyright holders and in this regard,
DMP has adopted and implemented a policy that provides for the
termination in appropriate circumstances of subscribers and account
holders who infringe the rights of copyright holders. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide DMP's Copyright Agent the following
information required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.
512:
·
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
·
Identification of the copyright work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such
works at that site;
·
Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
·
Information reasonably sufficient to permit us to contact the
complaining party;
·
A statement that the complaining party has a good-faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
·
A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act
please contact:
Copyright Agent
10300 W Charleston Blvd #13-124
Las Vegas, NV 89135
Phone: (702) 367-9763
Fax: (702) 995-0186
Email:
Info@DynamicMarketingPartners.com
For web posting, reprint, transcript or licensing requests for DMP
material, please contact
Info@DynamicMarketingPartners.com
For any questions or requests other than copyright issues or
licensing requests, please visit
http://www.
FreeLoanFlyers.com/submit_suggestion_or_mortgage_flyer.htm
or
e-mail:
Info@DynamicMarketingPartners.com.
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