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Last updated on December 6, 2013

These Terms of Use set forth the terms and conditions governing your use of the MarkIt For Real Estate (MarkIt) Websites located at www.markitforrealestate.com, *.markitforrealestate.net, and any related site maintained and operated by MarkIt (collectively, the “Website”). By using the Website in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of the Website and do not apply to any other Website or any MarkIt product or service, nor change any other agreement between you and MarkIt.

MarkIt reserves the right, in its sole discretion, to modify or change these Terms of Use at any time with or without prior notice to you. You should visit this page periodically to review the current Terms of Use; the date of the last update will be posted at the top of these Terms of Use for your convenience. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes your acceptance of those changes. If at any time you do not agree with these Terms of Use, you must immediately stop using the Website.

Privacy Policy
MarkIt is concerned about your privacy and has developed a policy to address privacy concerns. Please see our Privacy Policy regarding the collection, use and disclosure of information collected on the Website. By using the Website, you are consenting to the terms of our Privacy Policy.

Terms of Sale
Full payment, including shipping and handling is required with each order. No work will proceed until payment is received. No refunds once your order has been verified. No partial refunds for work not completed. In the event of litigation the parties agree that such action will be brought pursuant to Texas law in Harris County, Texas. If an action is commenced to enforce payment, you agree to pay our attorney's fees, court costs and other costs of collection.

Refund Policy:
All sales are final. No refunds are available on orders unless work has not been started. In the case of a refund on an order that work has not started, a $25 processing fee will be charged. Refunds may take up to 21 business days to be issued. You are 100% responsible for your digital file: If your file is not submitted properly, MarkIt cannot be held responsible. We will not double check your files.

Color Accuracy
MarkIt will make reasonable efforts to reproduce colors of all orders as closely as possible, but may not exactly match color and density because of limitations in the printing process. The accuracy of each color reproduction is guaranteed to be within 85-90% of the original image you submitted. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent.

Layout Proof Policy
You are 100% responsible for the accuracy of your layouts including spelling and content. Please review all layout proofs carefully. As postal regulations are subject to change, you are also 100% responsible for complying with current mailing restrictions for backside layouts.

Indemnification
You will indemnify and hold harmless Site provider and printer and their divisions, subsidiaries and affiliates from any and all loss, cost, expense, and damages on any and all manner of claims, demands, actions and proceedings that may be instituted against the Site provider or the printer arising out of any libelous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in an material printed for you.

Delivery
Any stated turnaround times are non-binding estimates that start when we verify your order, provided we have the artwork needed to print your job, not from when the order is first submitted. Turnaround times vary and are not guaranteed.

Material and Samples
All materials we create in producing your job are the property of MarkIt. These materials will not be sold or given to any other party. We reserve the right to distribute free samples of your printed materials and use your artwork in our advertising.

Submissions
All remarks, content, suggestions, ideas, graphics or other information ("Submissions") communicated to MarkIt through this Site will forever be the property of MarkIt to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and/or to incorporate any Submission in other works in any form, media, or technology now known or later developed without compensation to you. Except for personal information that you submit through this site in accordance with the Privacy Policy, MarkIt will not treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MarkIt operations.

Mailing Services
Please note that in providing mailing services, MarkIt neither makes any representation or guarantee as to the results you will achieve from using the Services nor does it act as an agent, partner, joint venture, or in any other capacity on your behalf or on behalf of the United States Postal Service ("USPS"). No refunds for postage will be issued. Delivery times are estimates only and are not guaranteed. All issues related to delivery of mail are matters solely between the USPS and yourself.

Security
MarkIt is committed to providing you with a purchasing environment that is private and secure, however MarkIt cannot guarantee that any electronic commerce is totally secure. MarkIt uses sophisticated security technologies to ensure that the transmitted information is secure. Anytime you provide personal information (such as account number, password, orders, etc.), we encrypt it using Secure Socket Layer (SSL) technology. To support this technology, you need to have an SSL-capable browser.

Data Use Terms

  1. Title.
    You acknowledge that the selection, compilation, and arrangement of any photographs or pictures and the MLS listings, including photographs of listed properties "Data" shall at all times remain the intellectual property of MarkIt's licensors and third party data owners (collectively the "Data Owner") who provided the Data to MarkIt.
  2. Permitted Uses / Restrictions:
    You may use the Data provided pursuant to these Terms of Use, subject to the following:
    The Data may be used for your marketing programs to consumers and businesses, including house file enhancements, mailing list screens, modeling and list analysis. The Products will only be used to perform marketing through a direct mail, telemarketing, targeted advertising served via the internet, or email campaign and will not be used to perform or support targeted advertising served via cable or satellite television, or cellular or wireless devices. You may not sell, lease, rent or otherwise provide the Product to any third party. You may not use the Data as a factor in establishing an individual's creditworthiness or eligibility for credit, insurance or employment or credit repair services. The Products will not be used to advertise, sell, or exchange any illegal or illicit products or services, including, without limitation, pornography, illegal drugs, or illegal weapons.

    All marketing communications used in connection with any list created by or for you derived from the Data shall (i) be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and address; (ii) comply with all applicable federal and state laws, rules and regulations; and (iii) comply with all applicable privacy policies, ethical use and Fair Information Practices published by the Direct Marketing Association ("DMA"). You agree to furnish MarkIt, if requested, two (2) copies of each mail piece and/or telemarketing script using information derived from the Data. It is your sole responsibility to ensure that the most current suppression information has been applied to its files before such files are used for marketing. You will not reproduce, modify, adapt, or create derivative works of the Data. You represent and warrant that, you have implemented and maintain an information security program that contains administrative, technical, and physical safeguards that are appropriate to its size and complexity, the nature and scope of its activities, and the sensitivity of any consumer information at issue.

  3. Consumer Elections/Inquiries
    In any use of the Products, you must honor all consumer elections not to receive marketing solicitations from you. You are responsible for responding to any communication initiated by a consumer arising out of Your use of the Products. Upon receipt of an express request from a consumer for the source of the consumer's personal information used in a marketing solicitation, you may reference Acxiom as a source of such information, provided you have verified Acxiom as the source. You must promptly notify Acxiom of such request and provide Acxiom with a transcript or written description of the communication with the consumer. It is your sole responsibility to ensure that the most current legally required suppression processing has been applied prior to marketing use of any Products provided to you.
  4. Indemnification
    You shall defend, indemnify, and hold harmless MarkIt and the Data Owner from and against any and all claims, demands, judgments, liability, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or resulting from your misuse or unauthorized use of the Data. MarkIt shall give you prompt written notice of any claim of which it has knowledge, and shall provide you with the assistance, information and authority necessary to perform your obligations under this Section.

Notice Regarding Children
The Website is intended for adults only. MarkIt does not intend for the Website to collect information from anyone under the age of 13. Information published on the Website is not intended for anyone under the age of 13.

Ownership and Use of Website Information
All information, materials, and other content located on the Website, except noted third-party materials, are the property of MarkIt or its affiliates, and are protected under United States and international copyright laws and treaty provisions. You may download, view, and print content from the Website solely for your personal use. You must maintain and plainly display all copyright and other proprietary notices in the same form and manner as on the original, and otherwise comply with these Terms of Use.

Restrictions on Use
You agree that you will not use the Website or any content located on the Website in any way not explicitly authorized in the preceding paragraph. If you want to use the content of the Website in a manner that is not permitted by these Terms of Use, you must receive MarkIt’s prior written consent. To request such consent, please contact us at 855-308-5969. Without limiting the foregoing, you agree that you will not (a) use the Website or its contents in any way that could overburden, impair, disable or damage any MarkIt server; (b) obtain or attempt to obtain any content or information that has not been intentionally made available on the Website; or (c) use any automated means, such as scripts, screen-scrapers, or Website copying applications, to capture, copy, or otherwise access the Website.

MarkIt reserves the right to revoke your permission to use the Website at any time, and your use shall be discontinued immediately upon such notice from MarkIt.

Links to the Website
You may link to the Website subject to the following restrictions. You agree that you will not (a) include links to any Website page other than the home page (e.g., www.markitforrealestate.com, *.markitforrealestate.net); (b) "frame" or impose editorial comment, commercial material or any type of identification on or in proximity to content displayed on the Website; (c) alter or modify the Website content, "cut and paste" or otherwise reproduce the Website content on a Website that links to the Website; (d) misrepresent your relationship with MarkIt or the Website or imply that MarkIt or the Website has any connection with, or is endorsing or sponsoring, you or your Website; or (e) present false, misleading or defamatory information about MarkIt or its services. You further agree that you will not link to the Website if content on the linking site contains libelous, defamatory, obscene, pornographic, or patently offensive material. You link to the Website at your own risk; MarkIt is under no obligation to maintain the Website, provide or update the Website content or otherwise support your link to the Website. MarkIt may revoke its authorization for you to link to the Website at any time for any reason or no reason, and you agree to remove any and all links to the Website upon notice by MarkIt.

Links to Other Websites
The Website contains links to other Websites solely as a convenience to persons who visit the Website. MarkIt makes no representations about Websites linked from the Website. The inclusion of any such link on the Website does not imply that MarkIt endorses, recommends or accepts any responsibility for such sites, their content, policies, practices, products, services or companies. We encourage you to read the terms of use and privacy policies of any Website that you visit, including those linked from the Website, as their terms and policies may differ from ours.

No Endorsements
The Website may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services, but is merely for informational purposes.

No Warranty
THE WEBSITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, BA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY AND NON-INFRINGEMENT. MARKIT DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability
MARKIT DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE WEBSITE, EVEN IF BA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability
MarkIt may change the products and services mentioned on or available through the Website at any time without notice. Additionally, all products and services referenced on the Website are subject to availability and qualifications. Terms, conditions, and exclusions not described on the Website may apply. The Website can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that MarkIt intends to make such services or programs available in your country.

Driver & Mobile Use Disclaimer
This website is not intended to be used while driving or performing any other potentially dangerous activity which requires your attention. Using this website while driving or performing any other potentially dangerous activity which requires your attention may be distracting and unsafe for you and other people on the road, and is prohibited under the terms of this Terms of Use. It may also be illegal.

Trademarks
MARKIT and MARKITFORREALESTATE are trademarks of Adcetera Design Studio, Inc. Marks and trade names not owned by MarkIt and mentioned on the Website are the property of their respective owners.

Governing Law
These Terms of Use and all matters relating to your access to, or use of the Website shall be governed by the laws of the State of Texas. You agree that any legal action or proceeding between MarkIt and you for any purpose concerning these Terms of Use or the Website or in any way related to the Website shall be brought exclusively in a court of competent jurisdiction sitting Harris County in the State of Texas. Any cause of action or claim you may have with respect to these Terms of Use, the Website, or MarkIt must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver
MarkIt reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms of Use. MarkIt’s failure to enforce these Terms of Use in every instance in which it is entitled does not amount to a waiver of MarkIt’s rights. the remaining provisions, and the remaining provisions shall remain in full force and effect.

Site access is monitored and audited for security and data integrity purposes. Terms of Use
All information contained on this site should be considered confidential. Authorized use only. Build 3.9.299
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