Terms & Conditions of Use
Thank you for choosing Cmail, an email marketing network designed for real
estate brokers, owners, investors, tenants, managers, and allied professionals.
Cmail users may create and distribute electronic mail brochures that advertise
real property for sale, lease, exchange, auction, or investment. Recipients may
respond by clicking embedded links to internet websites, placing phone calls,
inquiring via email, or other methods. All Cmail users may set preferences or
opt-out of receiving future email messages.
YOU ARE SUBJECT TO ALL TERMS OF THIS END USER LICENSE AGREEMENT ("EULA") for
WWW.CMAILMARKETING.COM ("Website") with Catylist Consulting Inc. (CCI)
1. EULA Terms. The Website and certain of its features are available to
you, the licensee, conditioned on your acceptance, without modification, of all
terms and conditions of this EULA. If you, or any person acting for you, with
your permission, or with a password you made available directly or indirectly
to any person (collectively "you" or "your") accesses, uses, derives
information from, or places information within the Website, such constitutes
your acceptance of all terms of this EULA, as now in existence or as may later
be modified in accordance with its terms.
This EULA (including all amendments posted on the Website) is the entire
agreement relating to your use of the Website, and supercedes all prior,
current, and future oral and written communications, proposals, and
representations regarding the Website and the use of any feature thereof.
CCI may change, from time to time, the Website. CCI may elect to, but is not
obligated to, introduce, or grant different grades of service, different
degrees of access to information and/or analysis, or introduce new features in
version 1.0 and future versions of the Website which may change functions,
limit access to information and/or analysis, and introduce new or revised
security restrictions at any time without prior notice, at CCI's sole
discretion, and without making any of the above available to you without
liability to CCI and its affiliates. You agree to bear all risks and hold
CCI and its affiliates harmless for any and all effects that any of the above
changes may have on your ability to use the Website for any purpose. CCI may
limit, create different priorities for different users, update, and/or cancel
some or all of the functions of the Website at any time, without prior notice.
By continuing to use the Website after notice of any change is posted on the
Website, you signify your consent to all such changes, including but not
limited to all changes to this EULA.
If you do not accept all terms of this EULA you must exit the Website before
accessing any of the Website's features, otherwise you have created a legally
binding agreement that you will comply with all terms of this EULA.
2. Membership. CCI may grant you limited access to the Website;
however, certain portions of the Website may be available only if you have a
membership by opening an account (your "Account") by completing a registration
process requiring that you provide current, complete, and accurate information
as prompted by the registration process on the Website, which you represent is
accurate and complete in all respects and that you are over age eighteen (18),
and paying any and all amounts due on or before their due dates. You are
responsible for keeping your Account name (email address) and password
confidential, and are responsible for any and all activities that occur under
your Account. You agree to notify CCI immediately of any unauthorized
activity regarding your Account and any other misuse of the Website of which
you are aware. CCI will not be responsible for any loss that you may incur as
a result of someone else using your Account, either with or without your
knowledge.
3. Software License. CCI grants you a non-exclusive license to use only
specified portions and functions the Website strictly in accordance with all
terms of this EULA, which license CCI may terminate at any time without
notice if CCI believes a violation of this EULA has occurred. Only one
individual may use an Account at one time, and a single Account may only be
used for the benefit of one (1) individual who is the registered user for that
Account.
4. Limitations of License. CCI AND ITS AFFILIATES AND SUPPLIERS MAKE NO
WARRANTIES OR GUARANTIES AS TO THE AVAILABILITY. OR RELIABILITY OF THE WEBSITE
OR THE INFORMATION YOU OR OTHER USERS PLACE ON THE WEBSITE. CCI AND ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS, AS
AVAILABLE" WITHOUT WARRANTY OF ANY KIND. CCI, ITS AFFILIATES, AND/OR THEIR
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES REGARDING THE WEBSITE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL CCI, ITS
AFFILIATES, AND/OR THEIR RESPECTIVE LICENSORS, SPONSORS, SUPPLIERS AND THE
EMPLOYEES, DIRECTORS, SHAREHOLDERS, OFFICERS AND AGENTS OF ANY OF THE
FOREGOING, 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 WEBSITE OR ANY INFORMATION THEREON, OR WITH THE DELAY OR INABILITY TO
USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANALYSIS, OR OTHER PECURSIORY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE FAILURE TO
PROVIDE SUPPORT FOR, OR RESOLVE ANY SUPPORT ISSUES REGARDING, THE WEBSITE, EVEN
IF CCI, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. IN ANY CASE CCI'S ENTIRE LIABILITY UNDER ANY
PROVISION OF THE EULA SHALL BE LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID,
OR WHICH HAS BEEN PAID ON YOUR BEHALF TO, CCI DIRECTLY FOR ACCESS TO THE
WEBSITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
5. No Unlawful Or Prohibited Use. As a condition of your use of the
Website, you warrant that you will not use the Website for any purpose that is
unlawful or prohibited by this EULA.
6. Links To Third-Party Sites. The Website may contain hyperlinks to
websites operated by parties other than CCI. Such hyperlinks are provided for
your reference only. CCI does not control such websites and is not
responsible for their contents. CCI's inclusion of hyperlinks to such
websites does not imply any endorsement of the material on such websites or any
association with their operators.
7. Information.
7.1 You agree that any and all information you, or anyone on your behalf,
places on the Website shall at all times be:
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7.1.1 Accurate in all respects to your then knowledge
and belief;
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7.1.2 Corrected promptly by you when any new or
revised data or information is available to you or your agents;
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7.1.3 Authorized in writing to be placed on the
Website by all owners of real property or businesses
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7.1.4 Lawfully placed in the Website and in any of
CCI's hardware and software;
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7.1.5 Accessed, used, and distributed strictly in
accordance with all terms of this EULA.
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7.1.6 Formatted and within the type, size and other limits as described in the
Website, which CCI reserves the right to modify, including without limitation
the number of days that data will remain within the Website, the frequency with
which data must be updated by you or will be withdrawn from the Website by
CCI, and the volume of data which you may store on the Website at any one
time.
7.2 You will abide by all applicable local, state, national, and foreign laws,
treaties, and regulations in connection with the Website and agree not to use
the Website or any feature, aspect, or data in, a part of, or from the Website
to:
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7.2.1 Post or send any unsolicited or unauthorized
advertising, promotions, junk mail, spam, chain letters, pyramid schemes, or
any other form of duplicative or unsolicited messages, whether commercial or
otherwise that do not directly relate to commercial real estate;
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7.2.2 Harvest, collect, gather, or assemble
information or data regarding other users, including email addresses, without
their consent;
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7.2.3 Transmit through or post on the Website any
unlawful, harassing, libelous, abusive, torturous, defamatory, threatening,
harmful, invasive to another's privacy, vulgar, obscene, pornographic, or
otherwise objectionable material of any kind or nature, or which is harmful to
minors in any way;
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7.2.4 Transmit any material which may infringe upon
any intellectual property or other rights of any person including without
limitation trademark, copyright, or right of publication in any form or
format.
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7.2.5 Transmit any material that you are aware
contains a software virus or viruses, or other harmful or objectionable
computer code, files, program, routine such as Trojan horses, worms, time
bombs, cancel bots, or popups.
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7.2.6 Interfere with or disrupt servers, networks,
hardware, software, or users connected to, using, or a part of the Website, or
violate the licenses, policies, procedures, or regulations of such.
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7.2.7 Attempt to gain unauthorized access to the
Website, other accounts, computer systems, networks, or users connected to or
using the Website, through password mining or any other means.
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7.2.8 Harass or interfere with another user's use or enjoyment of the Website
and any of that or other user's data on the Website.
7.3 You are responsible for any and all data which you or your designee place
on the Website. You indemnify and hold CCI, its affiliates, licensors,
suppliers and sponsors, and their respective shareholders, directors, officers,
employees, and agents, harmless from and against any and all claims that any
data that you place directly or indirectly within the Website is inaccurate or
incomplete in any respects.
7.4 All information you place on the Website is accessible by CCI at all
times, and may be revised by CCI to conform to all the Website requirements,
although CCI is under no obligation to reformat any data and shall not be
liable to you or any other person for any data or revisions thereto.
7.5 You hereby authorize the Website and CCI to place cookies and other files
on your computer's hard drive or other storage medium to assist the Website in
limiting access to only authorized users and recording authentication
information for the duration, activities, and content of each session on the
Website.
7.6 You are responsible for any and all activities that occur under your
Account, and must log off and exit from your Account at the end of each session
of use. You shall send CCI notice immediately upon you being aware or
suspicious of any unauthorized use of the Website by any person.
7.7 In accordance with and within the privacy and other limitations then set
forth in the Website, you authorize CCI full access to any information
regarding you, your Account, any information you place on the Website, all
cookies and other information, the use of any and all data on the Website.
Notwithstanding the above, CCI will not disclose any information regarding
any user or the use of any and all data in the Website without your prior
permission except to its affiliates, licensors or sponsors, or in accordance
with the Website, this EULA, or as may be required by law or lawful process.
7.8 You hereby grant CCI and its assigns a non-exclusive, unrestricted,
perpetual royalty free license to display, publish, and otherwise use any and
all property data and information you, or any person designated by you, place
on the Website.
7.9 Should CCI reasonably suspect that any material information supplied is
untrue, inaccurate, not current, or incomplete, CCI has the right to suspend
or terminate your access to the Website and all data thereon, and may restore
access to the Website and any data thereon, in CCI's sole and absolute
discretion, after any and all defaults have been cured to CCI's satisfaction.
8. Limitations on Use.
8.1 You agree that when using the Website, you shall NOT do any of the
following:
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8.1.1 Copy any portion of the Website, other than
property data you have been authorized to access, for any purpose.
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8.1.2 Copy any portion of the Website for transmission
or use, directly or indirectly on any computerized electronic exchange other
than the Website, excepting only that portion of data on the Website that you
uploaded to the Website through your Account only.
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8.1.3 Grant access to any portion of your Account to
any person other than an individual acting solely on your behalf and for your
benefit only.
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8.1.4 Access, or attempt to access, any other person's
Account or any portion of the Website which was not specifically granted by
this EULA.
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8.1.5 Transfer, rent, lease, grant a security interest
in, or otherwise encumber in any way any portion of the Website or any of your
rights to access or use the Website, whether through this EULA or otherwise.
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8.1.6 Defame, abuse, harass, stalk, threaten, or
otherwise violate the legal rights (such as rights of privacy and publicity)
of others.
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8.1.7 Publish, post, distribute, or disseminate any
defamatory, infringing, obscene, indecent, or unlawful material or
information.
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8.1.8 Upload files that contain software or other
material protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have received all
necessary consents.
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8.1.9 Upload files that you know contain viruses,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer.
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8.1.10 Delete any author attributions, legal notices,
or proprietary designations or labels in any file that is uploaded.
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8.1.11 Falsify the origin or source of software or
other material contained in a file that is uploaded.
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8.1.12 Advertise or offer to sell any goods or
services or conduct or forward surveys, contests, or chain letters other than
those related to real property.
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8.1.13 Download any file posted by another user that you know, or reasonably
should know, cannot be legally distributed in such manner.
8.2 You acknowledge that all information you may place on the Website are
public, and not private communications. Further, you acknowledge that all
information, pictures, analysis, postings, conferences, and other
communications by other users are not endorsed by CCI or its affiliates, and
such communications shall not be considered reviewed, screened, or approved by
CCI or its affiliates. CCI reserves the right for any reason to remove,
without notice, any information received from any user or others, including,
without limitation, information, pictures, or analysis as to any one or more
properties you or others have posted to the Website. CCI reserves the right
to deny in its sole discretion any user access to this Website or any portion
thereof without notice.
9. Support. CCI shall provide technical support at its sole discretion
for any difficulties you may have accessing the Website or any of its features.
That technical support shall not include any aspect of your computer's
hardware, software, configurations, means of gaining access to the internet,
ability to browse the internet, or ability to access any facet or portion of
the Website.
10. Force Majeure. The Website contains functionalities and services
that allow sending, delivering or receiving information between users, which
may be relayed or carried through CCI, public, third parties' or other
networks, systems, servers, websites or applications (e.g. telephone and
cellular networks, email servers etc.) ("Third Parties' Network"). The Third
Parties' Networks are not controlled by CCI in any way and CCI shall not be
responsible for the performance, availability, functionality, quality or
reliability of any of the Third Parties' Networks or the information sent,
delivered, relayed, carried or received through the Third Parties' Networks.
Notwithstanding anything herein, CCI does not warrant or guarantee that the
information sent, relayed, carried or delivered through these Third Parties'
Networks will reach its destination or its correct address or recipient or that
the details of the recipient or sender are correct or accurate. CCI shall not
be liable for, and excused from, any failure to deliver or perform, or for any
delay in delivery or performance, due to causes beyond its reasonable control,
after exercising its best commercially reasonable efforts to remedy any such
failure or delay, including without limitation any government actions, fire,
work stoppages, civil disturbances, interruptions of power or communications to
CCI or any facilities used by or for CCI, failure of internet, hosting,
telecommunications, or other services to CCI or facilities used by or for
CCI, natural disasters, acts of God, or acts of terrorism or war.
11. Export Rules. You agree that no portion of the Website, nor any
information thereon, will be shipped, transferred or exported into any country
or used in any manner prohibited by the United States Export Administration Act
or any other export laws, restrictions or regulations (collectively the "Export
Laws"). In addition, if the Software is identified as export controlled items
under the Export Laws, you represent and warrant that you are not a citizen, or
otherwise located within an embargoed nation (including without limitation
Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you
are not otherwise prohibited under the Export Laws from receiving the Software.
All rights to Use the Software are granted on condition that such rights are
forfeited if you fail to comply with the terms of this EULA.
12. Governing Law. This EULA will be governed by and construed in
accordance with the substantive laws in force in the State of Delaware, if you
are a citizen of the United States, Canada, or Mexico when first opening an
Account. The courts of Delaware shall have exclusive jurisdiction over all
disputes relating to this EULA. This EULA will not be governed by the conflict
of law rules of any jurisdiction or the United Nations Convention on Contracts
for the International Sale of Goods, the application of which is expressly
excluded.
13. Severability. If any part of this EULA is found void and
unenforceable, it will not affect the validity of the balance of the EULA,
which shall remain valid and enforceable according to its terms. If any part of
this EULA is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the EULA
shall continue in effect. Use of this Website is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including, without limitation, this paragraph.
14. Modification Of These Terms And Conditions. CCI reserves the right
to change the terms, conditions, and notices under this EULA by posting any
change on the Website.
15. Change Requests, Cancellations, Product Disputes, and Resolution.
15.1 The Website member initiating an order is solely responsible for the
accuracy of the information contained therein. Members are strongly encouraged
to review their orders at all stages during the process.
15.2 For custom orders, electronic proofs will be provided in advance of member
distribution. It is the initiating member's responsibility to review these
proofs for accuracy prior to distribution.
15.3 For all orders, the automated order fulfillment process dictates that all
change requests subsequent to placing an order must be requested by the member
speaking directly to a member of the Website's Customer Support staff during
normal business hours. CCI does not accept change requests via email or
voicemail. Change requests may result in order delays. Changes cannot be made
once an order is queued for distribution.
15.4 Orders can only be cancelled by direct telephone call to Customer Support
during posted business hours. CCI does not accept order cancellation requests
via email or voicemail. Orders may be cancelled up to the day that they have
been queued for distribution. Orders that have been queued for that day will be
billed as completed.
15.5 CCI processes payments via the credit or debit cards provided by the
initiating member at the time that the order is placed, prior to distribution.
Payment authorizations instituted on cancelled orders will remain active in
accordance with the credit or lending institutions policies. CCI is not
liable for such authorization periods.
15.6 CCI does not guarantee the level of response for messages sent
throughout its network. The unique nature of real property is such that the
interest may vary dramatically from one property marketing campaign to another.
Catylist does not offer refunds if recipient response rates do not match the
expectations of the sender. Past performance may not indicate future results.
15.7 Customers are solely responsible for carefully reviewing all messages
prior to distribution, including custom proofs. CCI does not issue refunds or
credits for customer errors, including but not limited to typographical errors,
incomplete text, low resolution or incorrect graphics, non-working or broken
URL links, missing content, or improperly selected distribution areas.
15.8 In the event that CCI makes an error while fulfilling an order, it will
resend the order at no charge. CCI may also issue credits for future
purchases, or refund the purchaser's credit card. Refunds on custom orders do
not include the custom creation fee. Additional questions related to change
requests, cancellations, product disputes, and resolution should be directed to
CCI Customer Support staff.
16. General.
16.1 You agree that no joint venture, partnership, employment, or agency
relationship exists between you and CCI as a result of this EULA or your use
of the Website.
16.2 CCI's performance under this EULA is subject to existing laws and legal
process, and nothing contained in this EULA is in derogation of CCI's right
to comply with law enforcement requests or requirements relating to your use of
this Website or information provided to or gathered by CCI with respect to
such use.
16.3 Prior to placing an order or using any CCI product and service, you
agree to CCI's stated Privacy Policy and EULA. Questions or concerns should
be directed to a CCI representative at the address listed below:
Catylist Consulting Inc.
444 N Wabash Ave., Suite 500
Chicago, IL 60611
877.595.5478 toll-free
312.595.9209 phone
312.873.4227 fax
www.catylist.com
