MyListingToolkit

Terms Of Use

Please review the following terms of use before using this Site. If you do not agree with the terms of use, please do not register.

These terms of use, and any other terms and conditions posted on any individual page of this site (the "Terms of Use" or this "Agreement"), governs the use of this Site by you and the user of the customer services on this Site ("Services"). Use of this Site constitutes acceptance of the Terms of Use and creates a binding legal agreement wherein you agree to use this Site in a manner consistent with all applicable laws and according to the Terms of Use, including terms and conditions listed below.

Internet Publishing Service may revise this Agreement at any time by updating this posting. You should visit this page periodically to review this Agreement, because it is binding on you. The terms "you" and "User" as used herein refer to all individuals and/or entities accessing this Site for any reason.

All text, images, graphics, logos, button icons, software, and any other content on this Site ("Material") are protected by United States, foreign and international copyright, trademark, patent or other proprietary rights and laws. All Material is the property of Internet Publishing Service, its content suppliers, clients or Users. Internet Publishing Service and My Listing Toolkit are trademarks or registered trademarks, and other Internet Publishing Service product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of Internet Publishing Service. The compilation (meaning the collection, arrangement and assembly) of all Material on this Site and the HTML code that Internet Publishing Service creates to generate pages on this Site is the exclusive property of Internet Publishing Service and protected by United States, foreign and international copyright laws. All rights not expressly granted herein are reserved.

Permitted Site Use

You may use this Site for the online search for property flyers, using only such Material that is specially designated and authorized to be used for such purposes by the owner(s) of that Material. Internet Publishing Service reserves all the rights in and to all other Material contained in this Site.

Price

There is no charge for the user of this site to search the property flyers, or to receive automatic notification of flyers matching your specific criteria with the InstAlert program.

Your Information

When you register for this Site, you will be asked to provide Internet Publishing Service with certain information that may identify you personally, including a valid email address ("your Information"). Internet Publishing Service will not disclose to any third party your name, address, e-mail address, telephone number or other personally identifiable information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Internet Publishing Service reserves the right to disclose general information collected from you to third parties on an anonymous, aggregate basis and to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter. Such offers may be made by Internet Publishing Service or by third parties. [QUESTION: HOW CAN THESE THIRD PARTIES OFFER PRODUCTS IF THEY DON’T HAVE NAMES OR EMAIL ADDRESSES? ARE WE GOING TO GIVE THIS INFORMATION TO THIRD PARTIES? LET’S CLARIFY] Please see Internet Publishing Service Privacy Statement for further details regarding your Information.

Registration and Password

You are responsible for maintaining the confidentiality of your Information and password and for all uses of your registration and password, whether or not authorized by you. You shall not disclose to or share your password with any third party or use your password for any purpose not authorized by this Agreement. You shall immediately notify Internet Publishing Service of any unauthorized use of your registration or password.

Service is available to anyone who provides all required information including the name, and an accurate and legitimate e-mail address. Each User can create an Internet Publishing Service password for future access to this Site.

(a) The use of the Internet Publishing Service website is governed by the Internet Publishing Service Privacy Statement.
(b) Internet Publishing Service does not control the content of any flyer and disclaims any obligation to monitor such content
(c) Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Material, in whole or in part, without the prior written permission of Internet Publishing Service.

Prohibited Uses of this Site

Unacceptable actions and content on this Site, listed below, will constitute grounds for blocking access, termination of your membership, termination of this Agreement with you. It is a condition of your use of this Site that you do not:

(a) Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
(b) Upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c) Harm minors in any way;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site;
(e) Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
(f) Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(g) Interfere with or disrupt (or attempt to interfere with or disrupt) this Site or Servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site, including via overloading, "flooding," "mailbombing" or "crashing;"
(h) Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over Internet Publishing Service, its affiliates, content suppliers, clients or Users;
(i) Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Internet Publishing Service on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
(j) Attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site;
(k) Access or attempt to access any data not intended for you, log into a server or account which you are not authorized to access; or
(l) Attempt to probe, scan or test the vulnerability of a system or network, or breach security or authentication measures without proper authorization.

Prohibited Uses of this Site

Term and Termination of Service

(a) The terms of this Agreement shall apply to you for as long as you use the Site or the Services.
(b) Internet Publishing Service may terminate your membership of, your registration with or ability to access this Site, and/or any Service provided to you by Internet Publishing Service, upon any breach by you of this Agreement; or if Internet Publishing Service is unable to verify or authenticate any information you submit to this Site; or if Internet Publishing Service discontinues this Site or the Services..
(c) Internet Publishing Service reserves the right at all times to disclose any information posted by you or any other User as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Internet Publishing Service's sole discretion are objectionable or in violation of these terms and conditions.

Disclaimer of Warranty and Limitations of Liability

(a) Internet Publishing Service makes no express or implied warranties about the reliability of the Material.
(b) Internet Publishing Service hereby disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material, including Material, in this Site. Internet Publishing Service further disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, including Material in this Site. Internet Publishing Service disclaims any responsibility for any harm resulting from downloading or accessing any information or material, including Material, through this Site. You will bear all risk associated with any content that you access. Your accessing of any content made available by or through Internet Publishing Service and/or third parties is subject to your agreement to this provision and these terms and conditions.
(c) Internet Publishing Service is not involved in the actual creation of any flyer, and, as a result, Internet Publishing Service has no control over the quality, safety, or legality of the flyers or the truth or accuracy of the flyers.
(d) THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. TO THE FULL EXTENT PERMITTED BY LAW, INTERNET PUBLISHING SERVICE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULL EXTENT PERMITTED BY LAW, INTERNET PUBLISHING SERVICE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE OR SERVICES. INTERNET PUBLISHING SERVICE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THIS SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THIS SITE OR THROUGH ANY LINKS PROVIDED IN THIS SITE.
(e) YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.
(f) UNDER NO CIRCUMSTANCES SHALL INTERNET PUBLISHING SERVICE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THIS SITE, ANY CONTENT ON THIS SITE OR PRODUCTS AND SERVICES ADVERTISED ON OR ASSOCIATED WITH THIS SITE. UNDER NO CIRCUMSTANCES SHALL INTERNET PUBLISHING SERVICE BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF SUCH USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THIS SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE.
(g) UNDER NO CIRCUMSTANCES, THE TOTAL LIABILITY OF INTERNET PUBLISHING SERVICE UNDER THIS AGREEMENT SHALL EXCEED $100.
(h) THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnity

By using this Site you agree to indemnify Internet Publishing Service and its parents, subsidiaries, affiliates, directors, officers, consultants, agents and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this Site or from your breach of this Agreement.

Links to other Sites

This Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Internet Publishing Service of the contents on such third-party web sites. Internet Publishing Service has no control over and is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

Unsolicited Idea Submission Policy

INTERNET PUBLISHING SERVICE GENERALLY DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS TO INTERNET PUBLISHING SERVICE. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN INTERNET PUBLISHING SERVICE'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO INTERNET PUBLISHING SERVICE. THEREFORE, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO INTERNET PUBLISHING SERVICE OR ANYONE AT INTERNET PUBLISHING SERVICE. IF, DESPITE THIS REQUEST THAT YOU NOT SEND INTERNET PUBLISHING SERVICE YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT INTERNET PUBLISHING SERVICE MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

Feedback and Information

ANY FEEDBACK YOU PROVIDE AT THIS SITE SHALL BE DEEMED TO BE NON-CONFIDENTIAL. INTERNET PUBLISHING SERVICE IS FREE TO USE SUCH INFORMATION ON AN UNRESTRICTED BASIS.

Governing Law

All legal issues arising from or related to the use of this Site or this Agreement shall be interpreted and construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Oregon without regard to conflicts of law principles. By using this Site and agreeing to this Agreement, you consent to personal jurisdiction and the exclusive venue in the state and federal courts sitting in Multnomah County, Oregon with respect to any disputes arising out of or relating to this Agreement or your use of this Site.

Entire Agreement

This Agreement constitutes the entire agreement between the you and Internet Publishing Service with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Internet Publishing Service and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with Internet Publishing Service are incorporated herein by this reference to the extent they do not conflict with this Agreement.

Violations of this Agreement

Should you violate this Agreement or any other rights of Internet Publishing Service, Internet Publishing Service reserves the right to pursue any and all legal and equitable remedies against you, including terminating any and all User accounts. If Internet Publishing Service should fail to enforce any right or provision of this Agreement, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions of this Agreement. If a court should find that one or more rights or provisions set forth in this Agreement are invalid, you agree that the remainder of this Agreement shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

Assignment of this Agreement

You agree not to transfer this Agreement, assign any of your rights or delegate any of your obligations under this Agreement, in each case without Internet Publishing Service's prior written consent, which consent may be withheld by Internet Publishing Service in its sole and absolute discretion. You agree that Internet Publishing Service may assign this Site and your Information that is in Internet Publishing Service’s possession to a successor in interest in the event of a merger, acquisition or sale of Internet Publishing Service or substantially all of its assets.