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Last update: May 12th, 2011 Suham’T LLC (in reference to Redmonkie Direct Mailing Program) Redmonkie Direct Mailing Program Terms of Use Agreement. General: Suham ’T LLC in reference to Redmonkie Direct Mailing Program operates this website to provide online access to information about Redmonkie Direct Mailing Program its products and services. By accessing and using this site, you agree to the legally binding terms and conditions of use set forth herein ("Terms of use"). You are authorized to use Redmonkie Direct Mailing Program (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. Suham’T LLC, in reference to Redmonkie Direct Mailing Program, reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting it on http://www.redmonkie.com/directmailterms.php. Your continued use of Redmonkie Direct Mailing Program following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. The last date these Terms of Use were revised is set forth above. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of Redmonkie Direct Mailing Program immediately. By using Redmonkie Direct Mailing Program, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are a person of 18 years of age or older; and (d) your use of Redmonkie Direct Mailing Program does not violate any Applicable Law. You acknowledge that Suham’T LLC reserves the right to charge for any portion of Redmonkie Direct Mailing Program and to change its fees (if any) from time to time in its discretion. If Suham’T LLC terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). Post Changes: I, as a member/customer from Redmonkie Direct Mailing Program, fully understand that any change to be done to my mailing design package from the date it has been completed and ready to be used by Redmonkie Direct Mailing Program, will incur in a fee that will be determined by the amount of changes required. Any Change will be executed in the order it has been received. Mailing List: I understand that Redmonkie Direct Mailing Program provides a service to obtain the list of home owners’ names and addresses from the area I want to target for a mailing list fee. I also understand and agree that the accuracy of the information in each mailing list is dependent on Tax Records for time periods specified, and cannot be guaranteed. As a customer/member, I understand that if I want to provide Redmonkie Direct Mailing Program with a personal mailing list, I will need to complete and forward the mailing list as required by Redmonkie Direct Mailing Program during the timeframe specified by Redmonkie Direct Mailing Program sales representative. In the event I fail to do so, Redmonkie Direct Mailing Program will automatically proceed to obtain directly the area mailing list and a mailing list fee will be applied. Mailing Terms and Conditions: I, as a customer/member from Redmonkie Direct Mailing Program, acknowledge and fully understand that I will be required to schedule my mailings for my "Farming" targeted areas at registration. Redmonkie Direct Mailing Program sales representative has the full right at all time to negotiate and decide any mailing terms and conditions with any customers. Mailing will be scheduled and processed by Redmonkie Direct Mailing Program and the cost of mailing will be charged to my credit card/debit card/checking account on record before processing the mailing. I understand it is my obligation to keep any changes on my mailing lists up to date as necessary and submitted to Redmonkie Direct Mailing Program for processing. Redmonkie Direct Mailing Program will calculate the mailing cost by multiplying the quantity of mail pieces requested when registered to Redmonkie Direct Mailing Program by the current mailing cost per piece set by Redmonkie Direct Mailing Program. Price per piece mailed is not fixed and may vary at any time. I give Redmonkie Direct Mailing Program the full right to prepare and process my mailings for my targeted areas without my prior approval. I agree that in the event of any error on my mailings, I will hold Redmonkie Direct Mailing Program harmless of all responsibility and that the full cost of processing and mailing will still need to be paid. I also agree that it is my responsibility to acknowledge Redmonkie Direct Mailing Program of any errors, suggestions, or missing information, so they can be fixed on time before my next mailing. Featured Property for Real Estate Members: Featured property is an ad for any of your listings that you can showcase every month on any available featured property spots. It is prohibited to include personal information on such ad. Only information related to the listing is allowed. There is a cost per spot, per mailing piece. The cost of advertising will be calculated by Redmonkie.com by multiplying the number of mailing pieces schedule to be done on any given month by the number of spots you reserved. Each spot has a cost. Price per spot is not fixed and may vary at any time. Annual Membership Fee I, as a customer/member from Redmonkie Direct Mailing Program, acknowledge and fully understand that there is an annual membership fee for registering with Redmonkie Direct Mailing Program. This cost is assigned by Redmonkie Direct Mailing Program and may vary at any time. Warranty I, as a customer/member of Redmonkie Direct Mailing Program, understand and agree that Redmonkie Direct Mailing Program does not make any warranty of any kind, including, without limitation, savings, increase of business for me, increase of my website’s traffic, increase of exposure, market presence and/or increase of interaction with "Farming" area. The accuracy of information on each property update report and just listed/just sold postcards for Real Estate Members is dependent on MLS system(s) for time periods specified, and cannot be guaranteed. This report is a useful source for estimating property values, particularly when taking into account items such as location, property/lot size, architectural style and property condition. Exclusivity I fully agree and understand that Redmonkie Direct Mailing Program does not offer any type of exclusivities. Refunds Suham’T LLC has a non-refund policy. I agree and fully understand that at all time any and all payments, in this case in reference of Redmonkie Direct Mailing Program, made to Suham’T LLC are non-refundable, including, without limitation, annual membership fee and advanced payments. Returned Check I fully agree and understand that a thirty five dollars ($35.00) fee will be applied for every returned check paid to Redmonkie Direct Mailing Program for services provided. In the event you need a copy of the returned check, a fee of fifteen dollars ($15) will be applied. Fees are set by the Bank and are not fixed and may vary. Service/Cancelation You may cancel Redmonkie Direct Mailing Program services at any time. I fully agree and understand that in the event of cancelling my registration with Redmonkie Direct Mailing Program, a written notice, by the account holder, will need to be submitted to Info@Redmonkie.com and my registration will be totally cancelled in all aspects after the next scheduled mailing has been performed. I also understand and agree that by cancelling my registration with Redmonkie Direct Mailing Program, I lose all rights, locked prices, and history. I agree that for re-registration with Redmonkie Direct Mailing Program, I will be treated as a new member/customer and current registration process and fees will have to be followed and met. I fully agree that any remaining balance due to Suham'T LLC in reference of Redmonkie Direct Mailing Program must be paid before the closing of my account. I also understand and agree that in the event my account has been cancelled, and that any remaining balance has not been paid by me, a standard late percentage fee per day will be applied. This late percentage fee per day is variable and will accumulate to the initial remaining balance. Proprietary Rights in Content By submitting any content on or through Redmonkie Direct Mailing Program, you hereby grant to Suham'T LLC, Redmonkie Direct Mailing Program and their affiliates, officers, members, and agents license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content, including without limitation, distributing part or all of the Redmonkie Direct Mailing Program website and your content in any media formats and through any media channels. Contacting Information By contacting, registering, or submitting any of your personal information to Redmonkie Direct Mailing Program including but not limited to telephone numbers, emails, or addresses, you are consenting for Redmonkie Direct Mailing Program and all authorized representatives to contact you by any media including but not limited to phone texts. Disputes In the event of a dispute arising under or relating in any way to this agreement or to the Redmonkie Direct Mailing Program services provided under this agreement, you, the customer, and we, Redmonkie Direct Mailing Program and Suham’T LLC, agree to resolve this dispute by looking to the terms of this agreement. If there is a conflict between what one of our employees/contractors says and the terms of this agreement, the terms of this agreement shall control. Disclaimer I agree to indemnify and hold harmless Redmonkie Direct Mailing Program and Suham’T LLC and their affiliates, officers, members, and agents from all claims, losses, liens, expenses, suits, and attorneys' fees for any damages of any kind, including, without limitation, any special, consequential, incidental or indirect damages, to any person or entity that may in any way arise out of or result from or in connection with my use of Redmonkie Direct Mailing Program services. I further agree to indemnify and hold harmless Redmonkie Direct Mailing Program and Suham’T LLC and their affiliates, officers, members, and agents in the event that my use of Redmonkie Direct Mailing Program services (i) constitutes a violation of any applicable law or regulation (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, or (iii) is intended to threaten, harass or intimidate any person. Applicable Law This Agreement shall be governed by the laws of the State of Florida. Miscellaneous This Agreement is the entire agreement between the member/customer and Suham'T LLC with respect to Redmonkie Direct Mailing Program. The failure of Suham’T LLC and/or Redmonkie Direct Mailing Program to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. Redmonkie Direct Mailing Program has full authorization to implement or disregard any features showcased at Redmonkie Direct Mailing Program at any time. If any part of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the balance of this Agreement. Nothing in this Agreement shall be deemed to create a partnership or joint venture between members/customers and Redmonkie Direct Mailing Program. Redmonkie Direct Mailing Program has the full right to discontinue Redmonkie Direct Mailing Program in its totality at any time. The headings of the paragraphs of this Agreement are for convenience only and shall not be deemed to limit or in any way affect the scope, meaning or intent of this Agreement. This Agreement is accepted upon your use of Redmonkie Direct Mailing Program website or any of Redmonkie Direct Mailing Program services and is further affirmed by you becoming a member/customer. Your agreement with Suham’T LLC will always include this agreement at a minimum. This Agreement operates to the fullest extent permissible by law. Please contact us at: Info@Redmonkie.com with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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