FLASHCMA CLIENT TERMS OF SERVICE

Introduction:

These FLASHCMA, INC. Terms and Conditions contained herein on this webpage, shall govern your use of the FLASHCMA Application, including all pages within the FLASHCMA.com domain (collectively referred to herein below as this "Website"). These Terms apply in full force and effect your use of the FLASHCMA Application and by using the FLASHCMA Application, you expressly accept all terms and conditions contained herein in full. You must not use the FLASHCMA Application, if you have any objection to any of these Website Standard Terms and Conditions. FLASHCMA reserves the right to change and modify these terms and conditions at any time without notice.

Intellectual Property Rights:

Other than content you own, which you may have opted to include on this Website (such as logos, images to which you own the rights, and your personal data), under these Terms, FLASHCMA and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited access only, subject to the restrictions provided in these Terms, for the express purpose of using the FLASHCMA Application contained on this Website. Other restrictions as to the use of imported data from other service providers such as multiple listing service providers must be adhered to by abiding by the rules set forth in their company's terms of service AND/OR contract. Any violation of the terms of service of service and use of the multiple listing service provider's data can result in the suspension of your use and access to this Website

Restrictions:

You are expressly and emphatically restricted from all the following:

  • publishing any portion of this Website's material in any media without legally expressed authorization;
  • publishing any third-party service provider content such as Multiple Listing Service Data to which you have no rights to publish according to any legal agreement that you have with them;
  • using this website to access any third-party service provider content while in violation or in bad standing with the third-party provider according to any legal agreement that you have with them;
  • publishing in any comments, blog posts, reviews, or by any other public media, any content deemed by Website's management designed to negatively affect the Website's operation AND/OR business profitability;
  • using the Website's SMS Messaging (Texting) functionality to send unsolicited SMS Messages (texts);
  • using this Website in any way that is, or may be, damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • allowing use and access to this Website to other non-authorized entities besides yourself through your login credentials provided to you by FLASHCMA;

No warranties:

This Website is provided "as is," with all faults, and FLASHCMA makes no express or implied representations or warranties, of any kind related to this Website, Website's applications, or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Limitation of liability:

In no event shall FLASHCMA, INC. nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of FLASHCMA Application, whether such liability is under contract, tort or otherwise, and FLASHCMA, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification:

You hereby indemnify fully FLASHCMA, INC. its officers, directors and employees, from and against all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney's fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability:

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms:

FLASHCMA, INC. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Assignment:

FLASHCMA, INC. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement:

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between FLASHCMA, INC. and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Jurisdiction:

These Terms will be governed by and construed in accordance with the laws of the State of CALIFORNIA, and you submit to the non-exclusive jurisdiction of the state and federal courts located in CALIFORNIA for the resolution of any disputes.