RealtorGraphics Terms of Service

1. Acknowledgement and Acceptance of Terms of Service
The RealtorGraphics Services (the "Services") are owned and operated by RealtorGraphics, a Texas corporation doing business as RealtorGraphics ("RealtorGraphics"), and are offered via the World Wide Web at the URL www.RealtorGraphics.com (the "RG Site").

The Services are offered to you ("Customer") under the terms and conditions of this RealtorGraphics Terms of Service ("RGTS"), which specifically incorporates RealtorGraphics's Privacy Policy, as well as any additional operating rules or policies that may be published by RealtorGraphics and which are incorporated herein by reference. To the extent there is or may be any conflict between this RGTS and any additional operating rules or policies, the terms of this RGTS shall take precedence and be controlling. The RGTS comprises the entire agreement between Customer and RealtorGraphics, and supersedes all prior agreements between the parties regarding the subject matter contained herein.

In order to place an order and purchase any of the Services, Customer must read the terms and conditions of this RGTS, and agree to be legally bound by the terms and conditions imposed on Customer by this RGTS. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS RGTS. ANY ORDER OR PURCHASE OF REALTORGRAPHICS SERVICES BY CUSTOMER CONSTITUTES AN EXPRESS AND IRREVOCABLE ACCEPTANCE OF THIS RGTS.

2. Description of Services
The RealtorGraphics Services comprise the following:

(a) Design Templates. RealtorGraphics may provide Customer with a capability to transmit text and digital image files to RealtorGraphics for the purpose of personalizing RealtorGraphics-compatible templates.

(b) Printing. RealtorGraphics may provide Customer with the capability to purchase prints ("Print Job") of RealtorGraphics-compatible templates personalized via the RG Site.

(c) Design Services. RealtorGraphics may provide Customer with certain design services relating to direct mail and marketing, both the creation of RealtorGraphics-compatible templates, and complete design and creation of RealtorGraphics-compatible templates.

3. Modifications to Terms of Service
RealtorGraphics may amend this RGTS at any time without notice to Customers by posting the changes on the RG Site, and any such changes will be effective seven (7) business days after being posted. Customer's continued use of the Services subsequent to the effectiveness of any amendment to the RGTS constitutes: (1) an affirmative acknowledgment by Customer of the RGTS and its modifications; and (2) an affirmative agreement by Customer to abide and be bound by the RGTS and its modifications.

4. Modifications to Services
RealtorGraphics reserves the right to modify or discontinue any or all of the Services with or without notice to Customers. RealtorGraphics shall not be liable to Customer or any third party should RealtorGraphics exercise its right to modify or discontinue any or all of the Services.

5. Service Warranty
If RealtorGraphics fails to process a Print Job in accordance with the specifications submitted by a Customer and accepted by RealtorGraphics, then RealtorGraphics shall repeat the Job in whole or in part as case may be, at no expense to the Customer. If a repeat Job is not feasible, then RealtorGraphics shall, in its sole discretion, issue a credit to the extent of any portion of the Job not processed satisfactorily.

With respect to the Design Services, RealtorGraphics will perform such Service consistent with generally accepted industry standards. If RealtorGraphics fails to perform a Design Service Job in accordance with the specifications submitted by Customer and accepted by RealtorGraphics, the RealtorGraphics may, in its sole discretion, repeat or revise the Job and/or issue a credit in whole or part.

THE ABOVE-STATED WARRANTIES ARE THE ONLY WARRANTIES APPLICABLE TO THE SERVICES, AND ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY. A REPEAT OR REVISED DESIGN SERVICE JOB OR CREDIT IF APPROPRIATE, AS APPLICABLE ARE A CUSTOMER'S SOLE REMEDY FOR ANY BREACH OF WARRANTY. THE WARRANTIES SET FORTH HEREIN WITH RESPECT TO ANY PRINT JOB WILL NOT APPLY IN THOSE CASES WHERE THE FAILURE TO PERFORM WAS AS A RESULT OF ERRORS IN INFORMATION SUPPLIED BY A CUSTOMER.

6. Disclaimer of Warranties and Limitation of Liability
(a) THE RG Site AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EXCEPT AS MAY BE SPECIFICALLY STATED IN THIS RGTS. REALTORGRAPHICS MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT OR SERVICE PROVIDED THROUGH OR ACCESSIBLE VIA THE RG SITE. WITHOUT LIMITING THE FOREGOING, REALTORGRAPHICS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE RG Site, CONTENT, INFORMATION AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. REALTORGRAPHICS WILL NOT BE RESPONSIBLE FOR LOST OR DAMAGED ARTWORK, SLIDES, PHOTOS OR TRANSPARENCIES, WHETHER INTENDED FOR USE IN PRINTING, FOR THE PURPOSE OF DESIGN SERVICES, OR OTHERWISE. NO ORAL COMMUNICATION OR WRITTEN INFORMATION, OTHER THAN AS CONTAINED IN THIS RGTS, GIVEN BY REALTORGRAPHICS OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS OR OTHER REPRESENTATIVES SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

(b) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY. AS A CUSTOMER, YOUR USE OF THE RG Site, CONTENT AND SERVICES IS AT YOUR OWN RISK. NEITHER REALTORGRAPHICS NOR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM THE USE OF THE RG Site, ITS CONTENT OR THE SERVICES, REGARDLESS OF THE LEGAL THEORY (E.G., CONTRACT, STATUTORY, OR TORT, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY A CUSTOMER ON INFORMATION OBTAINED FROM REALTORGRAPHICS OR THE RG Site, OR FOR DAMAGES THAT RESULT, IN WHOLE OR PART, FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR COMMUNICATIONS FAILURE, WHETHER OR NOT CAUSED BY AN ACT OF GOD. Some states do not allow the exclusion or limitation of liability for certain damages, e.g., consequential or incidental damages, so the above exclusions may not apply to some Customers. In such circumstances, RealtorGraphics's liability shall be limited to the fullest extent permitted by law.

7. Customer Conduct and Responsibilities
(a) All information requested on a Customer's original sign-up or registration with RealtorGraphics shall be referred to herein as registration data ("Registration Data"). If any information provided by Customer is inaccurate, RealtorGraphics retains the right to terminate Customer's access to and rights to use the Services.

(b) Upon registration, Customer must establish a User Id and Password. Each Customer is solely responsible for maintaining the confidentiality of his/her/its User Id and Password, and for the uses of Customer's RealtorGraphics account, whether or not expressly authorized by Customer.

(c) Each Customer's access to and use of the RG Site and Services is subject to all applicable local, state, national and international laws and regulations. As a Customer, you agree to be solely responsible for the contents of your transmissions to the RG Site and use of the Services. Further, you agree: (1) to comply with all US law regarding the transmission of technical data exported from the United States through or using the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; and (4) to comply with all regulations, policies and procedures of networks connected to the Services. Customer agrees not to transmit or to use the Services to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, or to interfere with, abuse or otherwise violate the legal rights of any third party using the RG Site or Services. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation, including but not limited to any material or information that infringes any patent, trademark, trade secret, copyright or any other proprietary rights of any party, or 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 or hardware or telecommunications equipment. Attempts to gain unauthorized access to other computer systems are prohibited. RealtorGraphics may, at its sole discretion, immediately terminate Services should Customer's conduct fail to conform to these terms and conditions of the RGTS.

8. Proprietary Rights
Customer acknowledges and agrees that RealtorGraphics, and/or RealtorGraphics's licensors, retain all right, title, and interest including, without limitation, all patents, trademarks, trade names, inventions, copyrights, know-how, and trade secrets embodied in or otherwise relating to, the software and other technology used to provide the Services (collectively, the "RG Technology") and the RG Site and in all content of the RG Site, including but not limited to text, software, music, sound, photographs, video, and graphics (the "RG Site Content"). The RG Site Content is subject to and protected by U.S. and international copyright laws, trademarks, service marks, patents or other proprietary rights and laws; therefore Customer is only permitted to use the RG Site Content as expressly authorized. Customer may not reproduce, distribute, or make derivative works of the Site Content, without the express written permission of RealtorGraphics. RealtorGraphics retains all rights not specifically granted to Customer. Without limiting the generality of the foregoing, Customer agrees not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source for the RG Technology, or otherwise use or copy the RG Technology or RG Site Content, except that Customer may, during the term of this RGTS, access and use the RG Technology solely through the user interface provided at the RG Site for the sole purpose of placing and confirming the status of Job Orders for Services. The Services are offered for sale and are sold by RealtorGraphics subject in every case to the condition that such sale does not convey any license, expressly or by implication, to manufacture, duplicate, resell or otherwise copy or reproduce any of the RG Site Content or RG Technology. RealtorGraphics, the RealtorGraphics logo are trademarks or service marks of RealtorGraphics, i.e., RealtorGraphics Incorporated.

9. Indemnification
Customer agrees to indemnify and hold harmless RealtorGraphics, its parents, subsidiaries, affiliates, officers and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Customer's use of the RG Site and Services, the violation of this RGTS by Customer, or the infringement by Customer, or other user of the Services using Customer's computer, of any intellectual property or other legal right of any person or entity. This indemnification applies to, but is not limited to, any misuse by Customer of the Services offered by RealtorGraphics.

10. Links to other Web Sites
The RG Site may now or in the future contain links to other websites. Such linked web sites are operated by third parties and are not under the control of RealtorGraphics, and therefore RealtorGraphics is not responsible for the content of any linked site, the services that may be available on a linked site, the links that may be contained within a linked site, or any updates or changes to such linked sites. These links are provided to Customers only as a convenience, and RealtorGraphics may terminate such links at any time without notice.

11. Termination
Either Customer or RealtorGraphics may terminate the Services with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. RealtorGraphics shall not be liable to Customer or any third party for termination of Services. Should Customer object to any terms and conditions of the RGTS or any subsequent modifications thereto or become dissatisfied with the Services in any way, Customer's only recourse is to immediately: (1) discontinue use of the RG Site and Services; and (2) notify RealtorGraphics of termination. Upon termination of the Services, Customer's right to use the Services immediately ceases. Customer shall have no right and RealtorGraphics will have no obligation thereafter to forward any unread or unsent messages to Customer or any third party.

12. Notice
All notices to a party shall be in writing and shall be made either via email or conventional mail. RealtorGraphics may broadcast notices or messages via email to inform Customer of changes to the RGTS, the Services, or other matters of importance; such broadcasts shall constitute notice to Customer.

13. Governing Law and Venue
The RG Site (excluding any links to third-party websites) is controlled by RealtorGraphics from its offices within the State of Texas. Because the RG Site may be accessed from any or all of the 50 states, as well as other countries, Customer and RealtorGraphics agree that the internal laws and statutes of the State of Texas, excluding its conflict of law provisions, will govern and apply to your use of the RG Site and Services, and this RGTS shall likewise be so governed and construed. Customer and RealtorGraphics hereby agree the federal and state courts having jurisdiction in the County of Harris, Texas shall be the sole venue and shall have exclusive jurisdiction to adjudicate any dispute arising out of this RGTS or Customer's use of the RG Site and Services. In connection therewith, Customer and RealtorGraphics each expressly consent to the exclusive personal jurisdiction of the federal and state courts having jurisdiction within the County of Harris, Texas. Customer and RealtorGraphics further agree that any cause of action arising out of or related to the RGTS and/or the RG Site and Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

14. General
If any provision of this RGTS is held by a court or other tribunal of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. RealtorGraphics's failure to exercise or enforce any right or provision of the RGTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RealtorGraphics in writing. Your use of the RG Site, however, may be subject to additional policies, disclaimer, or caveats that may appear throughout the RG Site. If you violate the terms of this RGTS, RealtorGraphics reserves the right to terminate providing Services to you without notice. Your sole recourse or remedy is to receive a refund for prepaid but unused Services, if applicable. This RGTS may not be assigned or transferred by Customer, by operation of law or otherwise, without the prior written consent of RealtorGraphics. RealtorGraphics may assign or transfer this RGTS without consent to its successor in connection with a merger, consolidation, or other form of corporate reorganization, or in connection with the sale of all or substantially all of its assets. Any purported assignment in violation of the foregoing shall be void and invalid. The section titles in the RGTS are solely used for the convenience of the parties and have no legal or contractual significance. This RGTS shall be binding upon and inure to the benefit of RealtorGraphics and Customer, and their respective permitted successors, assigns and transferees. This RGTS comprises the entire agreement between you ("Customer") and RealtorGraphics, and supersedes any prior or contemporaneous negotiations, discussions or agreements.

Copyright 2010. RealtorGraphics - All rights reserved.