Terms of Service

Personalized newsletters produced for the mortgage and real estate professional.

General Terms of Service: “Home & Real Estate Digest” newsletters are provided subject to this agreement, as it may be amended by Home & Real Estate Digest, and any guidelines, rules or policies that Home & Real Estate Digest may establish and post any time (the “Agreement”). By providing updated versions of the Agreement to you, Home & Real Estate Digest may modify the terms of the Agreement and may discontinue or revise any or all aspects of it's agreement to provide service at it's sole discretion. All such changes shall become effective immediately upon posting of or notification of the revised Terms of Service. By placing an order with Home & Real Estate Digest Newsletter service, you are entitled to one version of the Newsletter per month, with the number of copies varying upon the agreement between you and Home & Real Estate Digest made prior to the distribution of said Newsletter. You are entitled to receive one sample copy of the Newsletter in PDF format by email each month.

Copyright And Limited Usage Rights: The content, graphics, design, organization, compilation, magnetic translation, digital conversion, and other matter related to the Newsletter are protected under applicable copyrights and trademarks including but not limited to intellectual property rights. The only copyrights you retain or your respective company retains are the photographs and logos provided by you or your company for the personalization of the Newsletter. The copying, reselling, modifying, distributing, displaying, transmitting, publishing, licensing, or using any or all parts of the Newsletter as your own work is strictly prohibited by law. By purchasing the Newsletter you agree that you do not acquire ownership rights to any content or aforementioned aspects of the Newsletter. Purchase of the Newsletter grants you a limited nonexclusive license for the sole purposes of promoting your services. You are prohibited from sublicensing, selling, or preparing other versions of the Newsletter or allowing other individuals or companies to use the Newsletter as their own work. This includes all aspects of the PDF format document. You may not charge anyone to view or receive the Newsletter. All product and company names mentioned in the Newsletter may be trademarks of their respective owners.

Other Forms Of Distribution: You may not use the Newsletter for purposes of spamming as defined by law. Should you use the Newsletter for the purposes of spamming or for any other unlawful purposes, Home & Real Estate Digest shall have no liability to you or any third party due to such unlawful uses or because of such termination of agreement and services.

System Information: It is understood that in order to receive PDF proofs and correspond by email with Home & Real Estate Digest, you are required to have a Windows platform, a connection to the Internet, a valid email address with email software, and Adobe Acrobat Reader 5.0 or higher.

Termination By Either Party: You may terminate the Agreement with Home & Real Estate Digest at any time by sending an email to hrdigestlv@yahoo.com or by sending written notice to Home & Real Estate Digest Co. at (P.O. Box ?) Las Vegas, NV 89123, USA. Correspondence must include your first and last name. No refunds will be issued if you terminate the Agreement. Home & Real Estate Digest may terminate the Agreement or any services it provides at any time with or without cause and with or without notice. Upon termination by Home & Real Estate Digest, a refund (payment) of the current order will be issued. If termination by Home & Real Estate Digest occurs because of violation of the Anti-Spam policy, or Limited Rights of Usage policy, no refund will be issued. Home & Real Estate Digest shall have no liability to you or any third party due any termination. All sections of this Agreement, which by their nature should survive termination, will survive, including, without limitation, ownership, warranty disclaimers and limitations of liability.

Miscellaneous Terms: Through the Agreement, you represent and warrant that you will use the Newsletter only in compliance of the Agreement and all applicable laws. You agree you will not access or otherwise use any third party mailing lists in connection with distributing unsolicited email to any third party. You agree to indemnify ad hold harmless Home & Real Estate Digest against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorney's fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Newsletter. The language in the Agreement shall be interpreted as to its fair meaning and in the case of any conflicting information in Home & Real Estate Digest's promotional materials, emails, website, or other written or oral communication, the Agreement will take precedence.

Privacy Policy: Under no circumstances will Home & Real Estate Digest ever sell, rent, farm out, share, or otherwise distribute or make available any of your information or your company's information to other companies, associations, organizations, or individuals. This includes your name, your company's name, email addresses, website addresses, business address, telephone numbers, or any like information. All information you (as a client or as a potential client) given to Home & Real Estate Digest will be kept in the strictest of confidence and will only be used as such information pertains to the business (i.e. the production of newsletters).

Limitation Of Liability: THE NEWSLETTER IS PROVIDED “AS-IS” AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGMENT, SECURITY, OR ACCURACY). TO THE MAXIMUM EXTENT OF THE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL SPECIFICATIONS, TORT, THEORY, CONTRACT, OR OTHERWISE, SHALL HOME & REAL ESTATE DIGEST, ITS EMPLOYEES, OR OTHER AGENTS (HEREBY REFERRED TO AS “HOME & REAL ESTATE DIGEST”) BE LIABLE TO YOU OR ANY OTHER PERSONS OR THIRD PARTIES FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES EVEN IN THE CASE THAT HOME & REAL ESTATE DIGEST HAD BEEN INFORMED OF THE POSSIBILITY FOR SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IN THE EVENT NOTWITHSTANDING THE FOREGOING, HOME & REAL ESTATE DIGEST IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE), THE LIABILITY OF HOME & REAL ESTATE DIGEST TO YOU WILL BE LIMITED TO THE AMOUT WE RECEIVED IN CONNECTION WITH ANY SERVICES OR PRODUCTS YOU PURCHASE FROM US DURING THE PRECEDING TWELVE-MONTH PERIOD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY, GUARANTEE, OR REPRESENTATION NOT EXPRESSLY STATED IN THE AGREEMENT.

This Agreement was updated and revised on July 17, 2006 in Las Vegas, Nevada and shall be governed by the laws of the commonwealth of Nevada and any legal action or other disagreements will be brought forth in the commonwealth of Nevada or in federal courts located in the Commonwealth of Nevada.

From the order and or purchase date you agree to the above terms for Home & Real Estate Digest newsletter service.

Home & Real Estate Digest is a division of Consulting By Design.