Left Field Media: Custom Real Estate And Mortgage Newsletters

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Terms Of Service

General Terms of Service: Left Field Media Publications ("Left Field Media") newsletters and e-newsletters (the "Newsletter") and content (the "Content") are provided subject to this Agreement, as it may be amended by Left Field Media, and any guidelines, rules or policies that Left Field Media may establish and post at any time (the "Agreement"). By posting update versions of the Agreement at the Left Field Media website or otherwise providing notice to you, Left Field Media may modify the terms of the Agreement and may discontinue or revise any or all aspects of its agreement to provide service at its sole discretion. These modifications, discontinuations or revisions include all rates, fees and other charges. All such changes shall become effective immediately upon posting of or notification of the revised Terms of Service. By agreeing to subscribe to Left Field Media's Newsletter service, you (the "User") are entitled to one version of the Newsletter per issue, with the number of copies varying upon the agreement between you and Left Field Media made prior to the distribution of said Newsletter. By agreeing to subscribe to Left Field Media's E-Newsletter service, you are entitled to one version of the E-Newsletter per issue. By agreeing to subscribe to Left Field Media's Content service, you are entitled to one version of the Content per issue, with the Content consisting of three separate articles (the "Articles").

Copyright And Limited Usage Rights: The content, graphics, design, organization, compilation, magnetic translation, digital conversion, electronic use and other matter related to the Newsletter and Content 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 graphics 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 or Content as your own work is strictly prohibited by law. By purchasing the Newsletter or Content you agree that you do not acquire ownership rights to any content or aforementioned aspects of the Newsletter or Content. Purchase of the Newsletter and Content 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 Content or allowing other individuals or companies to use the Newsletter or Content as their own work. This includes all aspects of the PDF format document or other electronic formats. You may not charge anyone to view or receive the Newsletter or Content. All product and company names mentioned on the Left Field Media site or in the Newsletter or Content may be trademarks of their respective owners. Left Field Media is not responsible or liable for any and all content copyrighted or otherwise that you may supply or allow Left Field Media to use in the Newsletter and the granting of permission to republish copyrighted works in the Newsletter is your sole responsibility.

Other Forms Of Distribution: You may not use the Newsletter or Content for purposes of spamming as defined by law. Should you use the Newsletter or Content for the purposes of spamming or for any other unlawful purposes, Left Field Media will terminate any agreement and services and Left Field Media shall have no liability to you or any third party due to such unlawful uses or because of such termination of agreement and services.

Systems Information: It is understood that in order to use the Newsletter, Content and other Left Field Media services you are required to have a Windows, Mac or other platform, a connection to the Internet, a valid email address with email software, and the ability to view PDF files.

Late Fees: Left Field Media holds the right to charge a U.S. $25.00 late fee for any outstanding payment(s) not received by Left Field Media within 21 days of the actual shipping date of the final product for printed newsletters or within 21 days of the final production and/or final transmission date for e-newsletters and Content as specified on all invoices and statements. This U.S. $25.00 late fee will be applied for each issue and/or order that is not received by Left Field Media within 21 days. Left Field Media reserves the right to pursue all outstanding obligations and payments as allowed and defined by the laws of the United States and its territories.

Termination By Either Party: You may terminate the Agreement with Left Field Media at any time by sending an email to support@leftfieldmedia.net or by sending written notice to Left Field Media at 10815 Charles Drive, Fairfax, VA 22030, USA. Correspondence must include your first and last name. No refunds will be issued if you terminate the Agreement. Left Field Media may terminate the Agreement or any services it provides at any time with or without cause and with or without notice. Upon termination by Left Field Media, a refund of the current monthly payment will be issued, if applicable. If termination by Left Field Media occurs because of a violation of the Anti-Spam policy, Copyright policy, or Limited Rights of Usage policy, no refund will be issued. Left Field Media 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 termination, 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 or Content only in compliance of the Agreement and all applicable laws. You agree you will not access or otherwise use third party mailing lists in connection with distributing unsolicited email to any third party. You agree to indemnify and hold harmless Left Field Media against any damages, losses, liabilities, settlements and expenses (including without limitation costs and reasonable attorneys' 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 or Content. The language in the Agreement shall be interpreted as to its fair meaning and in the case of any conflicting information in Left Field Media's promotional materials, emails, website or other written or oral communication, the Agreement will take precedence.

Limitation Of Liability: THE NEWSLETTER AND CONTENT ARE 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-INFRINGEMENT, SECURITY, OR ACCURACY). TO THE MAXIMUM EXTENT OF THE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL SPECIFICATIONS, TORT, THEORY, CONTRACT OR OTHERWISE, SHALL LEFT FIELD MEDIA, ITS EMPLOYEES OR OTHER AGENTS (HEREBY REFERRED TO AS "LEFT FIELD MEDIA") 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 LEFT FIELD MEDIA HAD BEEN INFORMED OF THE POSSIBILITY FO SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IN THE EVEN THAT NOTWITHSTANDING THE FOREGOING, LEFT FIELD MEDIA 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 LEFT FIELD MEDIA TO YOU WILL BE LIMITED TO THE AMOUNT 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 December 18, 2018 in Fairfax, Virginia and shall be governed by the laws of the Commonwealth of Virginia and any legal action or other disagreements will be brought forth in the Commonwealth of Virginia or in federal courts located in the Commonwealth of Virginia.

 

  

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