ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking "I agree" to this Agreement, you ("User") signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click "I agree". Please check this Agreement periodically for changes as the owner of this site Go Smart Solutions, LLC reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. Go Smart Solutions LLC reserves the right to terminate a User's use of this site or remove any and all of a User's content at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email Go Smart Solutions LLC with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
You understand that all content and materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated and they are entirely responsible for each individual item ("Item") of Content that they post, email or otherwise make available via the Service. You understand that Go Smart Solutions, LLC or advantly.com do not control, and are not responsible for Content made available through the Service, and that by using the Service, you may at times be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You understand that the advantly.com flyers, website and content may contain links to other websites, which are completely independent of us. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You accept all risks associated with following links to other websites. You also agree to evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Go Smart Solutions, LLC or advantly.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that we do not pre-screen or approve Content, but that we shall have the right (but not the obligation) to refuse, delete or move any Content that is available via the Service for any reason.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, Go Smart Solutions LLC hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of Go Smart Solutions LLC and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Go Smart Solutions LLC, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.
We do not allow spam
By using our Ad Posting services you agree that all flyers you create will be related to the category you create them under. For example if you create a flyer under property for sale or property for rent the flyer MUST be for a property for sale or rent and not a service related flyer. We also do not allow 3rd party flyers except through acceptance into our Reseller plan. Only authorized Resellers or brokers are allowed to create flyers on behalf of non-members. We will remove without notice any flyers that have logos or contact information of any third party company.
Furthermore, Member warrants that
- they have a valid listing agreement with the owner of the advertised property for each listing included in the flyer;
- real estate flyers will have a valid property address including street address, city and state;
- all flyers will include valid contact information of the listing agent or seller, including company name, address and phone number or email;
- they own or have acquired all necessary rights in the trademarks, logos, brand name, and other intellectual property works that appear on Member's web page to which viewers of the flyer are linked; and
- they are, and will remain through the term of this Agreement, duly licensed in good standing in the state in which its principal office is located.
Site Submission Rules
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site's rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
- constitutes unauthorized or unsolicited commercial advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers;
- constitutes or contains " affiliate marketing," "link referral code," or "pyramid schemes" or other business opportunity which requires an up front or periodic payment, pays commission only (unless clearly indicated along with descriptions of the products or services being sold), or requires recruitment of other members, sub-distributors or sub-agents;
- abuses any limits placed on the service by means of deception or subterfuge including, but not limited to, the use of multiple email addresses, creating multiple membership registrations, or any other means to gain access to the services over what is already provided or intended.
- constitutes improper data entry known as "black hat" SEO or "spamdexing", use methods such as link farms and "keyword stuffing".
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site's sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
This site reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.
By using our site and services you agree and understand that your information will be sent to the different directories and feeds we distribute to and that once your ad is distributed to these directories we cannot guarantee removal of your ad from these directories. Additionally, you agree that advantly.com is only acting as a transfer agent for submitting your material to other directories and accept as your responsibility to read and agree to the Terms and Conditions as specified by each of those directories; including, but not limited to, allowing other persons or entities to include, embed, attach or otherwise add your ad onto sites advantly.com had not distributed to. Furthermore, you acknowledge that the advantly.com Terms and Conditions as set forth here do not encompass nor extend to any Terms and Conditions that may exist on any of the directories we service.
All members who subscribe to our system or purchase our flyers agree and acknowledge that you may be contacted from others who visit your flyer ad on the different directories. We are not liable and cannot be held responsible for the type of responses you will receive, the amount of responses you will receive or the quality of responses. We are not liable and cannot be held responsible for how the different directories display or use your information.
Ad Posting Timeframe
advantly.com exercises best effort to post all flyers on the various ad sites within 24 hours from the time you place your order and your ad may be posted in some directories instantly. We, however, cannot guarantee a flyer will be posted within this timeframe. The timing will depend on 1.) How back logged our ad postings are, 2.) Unexpected server or computer problems that we have no control over, 3.) The timeframe or delay that any of the ad sites may place on the posting.
Response and Ad Posting Success
advantly.com does not guarantee any type of response or successful leads on any flyer ad posts that are sent through our system. The response you receive will depend greatly on the property or service you are offering and if it appeals to the reader. The response success may vary greatly from one flyer to another.
Federal Fair Housing Act
It is the responsibility of the member and/or Real Estate Agent that creates property flyers through our site to abide by the Fair Housing Act. The federal Fair Housing Act states it is illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination". If we discover a flyer breaks the Fair Housing Act, we will delete the ad without notice. We do not however check all flyers and it is not our responsibility but instead the members responsibility to abide by the Fair Housing Acts.
Flyer Ad Display and Design
advantly.com will post your ad and images as you created them on its site but has no control over how the end result will display on the various directories we submit to. Some of the directories may display your ad using their directory format specifications.
Flyer Syndication and Ad Longevity
advantly.com sends all ads to the various directories but cannot guarantee that all directories will display your ads. advantly.com cannot guarantee how long your ad will stay in the various directories. Lifetime of your ad will depend on the different directories. advantly.com also do not guarantee that the different directories will keep your ad active or will not delete it. The different directories have their own rules and terms and may remove your ad if it does not abide by their rules. It is your responsibility to research their terms and consider their terms when creating your flyers.
All members utilizing our services to advertize items located on any eBay site agree to abide by the terms as outlined in the eBay Rules For Listing in addition to any other conditions as set forth by eBay. Also, members accept that any changes made to uploaded eBay feed items on advantly.com servers will prevent those items from being updated from subsequent eBay feed updates but will not release the member's eBay obligations for those items, as outlined above. Members also agree to only advertize items that belong to them as an eBay Store member or as an Affiliate member of the Partner's Network.
The following additional terms apply to members who intend to use our services acting as 3rd party agents (herein referred to as "Resellers") for their clients. They agree to:
- request from and be approved for our Reseller program before using our services for their clients.
- not knowingly include, and to make reasonable effort to remove, any ad listing that already exists in the ad directories we syndicate to.
- include their client's direct and unique contact information in the flyer contact fields and specifically not use any communication channel, mechanism or method that is directly or indirectly associated with the Reseller, including street-city-state addresses, forwarding email addresses, or indirect phone numbers.
- to insure that nothing in the Terms and Conditions for their clients conflict with any of our terms as it relates to Ad Posting.
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Go Smart Solutions LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by Go Smart Solutions LLC, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Go Smart Solutions LLC immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Go Smart Solutions LLC shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. and Canada or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or re-exported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information, which you post on this site or communicate to Go Smart Solutions LLC through this site (collectively "Submissions") shall forever be the property of Go Smart Solutions LLC. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by Go Smart Solutions LLC. Go Smart Solutions LLC shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, Go Smart Solutions LLC shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
Go Smart Solutions LLC's, licensors' or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of Go Smart Solutions LLC, are not monitored or reviewed by Go Smart Solutions LLC, and Go Smart Solutions LLC is not aware of the contents of such sites. You acknowledge that Go Smart Solutions LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by Go Smart Solutions LLC, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that Go Smart Solutions LLC and its licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
GO SMART SOLUTIONS LLC, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GO SMART SOLUTIONS LLC, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GO SMART SOLUTIONS LLC, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Go Smart Solutions LLC, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Go Smart Solutions LLC, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Go Smart Solutions LLC, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless Go Smart Solutions LLC, advantly.com, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. Go Smart Solutions LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Go Smart Solutions LLC in asserting any available defenses.
Go Smart Solutions LLC and advantly.com may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Go Smart Solutions LLC may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Go Smart Solutions LLC shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Go Smart Solutions LLC for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by Go Smart Solutions LLC from its offices within the State of California, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from California, by accessing this site, both you and Go Smart Solutions LLC agree that the statues and laws of the California law shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and Go Smart Solutions LLC also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English. Go Smart Solutions LLC makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of Go Smart Solutions LLC. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.