TERMS & CONDITIONS OF USE

1. ACCEPTANCE OF TERMS. AlwaysKeepInTouch.com, including all of its owners, affiliates, heirs, successors, assigns, managers, officers, directors, employees, staff, agents, vendors and representatives, are hereinafter referred to collectively as "AKIT." By using this site or our services, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site or our services. AKIT reserves the right, at our discretion, to update or revise these Terms of Use. Please check these Terms of Use periodically for changes. Your continued use of this site or our services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. MARKETING SERVICES. AKIT is a provider of marketing services to licensed Real Estate Agents (hereinafter, "agents" or "members"). All members pay AKIT an advertising fee for our services. All members using our services represent and warrant that they have the express written permission of their client to advertise the subject property. Each member understands and agrees that AKIT is an electronic email delivery service provider and hereby authorizes AKIT to send out email flyers to the persons listed in AKIT's proprietary email database.

3. ABILITY TO UNSUBSCRIBE. Any recipient, user or member may "unsubscribe" from receiving future emails from AKIT, or its advertiser and members. Any recipient who properly elects to unsubscribe will be removed from AKIT's proprietary email database within 48 hours. If you continue to receive emails from us after the 48 hours have elapsed, please email us at support@alwayskeepintouch.com. Anyone who desires to opt "back in" to our proprietary email database must go to AKIT's "Become A Subscriber" link and again register into AKIT's system.

4. MEMBERS CONSENT. All members who purchase our services consent to receiving emails from AKIT and from other members purchasing our services. If you opt out of our email list, you can no longer continue using our services, and we will not send additional email flyers for you.

5. LOCAL LAWS. AKIT is an affiliate member of each professional association that we provide services to. Each member using our services to send email to other realtors, both in their association and in other cities, represents and warrants that our distribution of email flyers on their behalf does not violate any local, state, national or professional association laws, bylaws, statutes, rules or regulations. Each member acknowledges and agrees that anyone receiving an email flyer from AKIT may contact them regarding the real estate described in the flyer.

6. INDEMNITY. Each member shall indemnify, defend and hold AKIT harmless from and against any and all demands, claims, liabilities, causes of action, losses, costs and expenses (including attorneys' fees, experts' fees and costs) suffered by AKIT arising out of, related to or resulting from the email flyers sent by AKIT at such member's request.

7. TIMING. AKIT does not warrant or guarantee that (a) every email flyer will be sent at a specified time, or (b) every email flyer will be received, read or opened by the intended recipient. Each member understands and agrees that many problems can occur with email transmissions, including without limitation: user errors, server problems, email delivery problems, email rejection by the recipients, anti-spam software, invalid email addresses, computer glitches, power failures, hardware failures and a host of other computer-related problems that are beyond the control of AKIT. Accordingly, every member agrees to hold AKIT harmless from and against any and all claims, liabilities, causes of action, losses, costs, lost revenue, lost profits and expenses (including attorneys' fees, experts' fees and costs) suffered by such member resulting from or related to the failure of any email flyers to be received or opened by the intended recipients.

8. NO LIABILITY FOR SALE. Each member further agree that AKIT shall not be liable or responsible for the success or failure of any sale, price reduction, open house or marketing of any property or product advertised through email flyers sent by AKIT or through AKIT's distribution system. Under no circumstances shall AKIT be liable or responsible for lost sales, lost profits, lost commissions or any other losses or damages suffered by any member for any reason whatsoever, even if caused by AKIT's negligence, gross negligence or willful misconduct. The maximum amount of AKIT's liability to any member for any reason or cause of action whatsoever shall not exceed the revenue paid to AKIT by such member for AKIT's services.

9. ACCURATE INFORMATION. All of the information contained in the email flyers distributed by AKIT has been put there by the members and has not been verified, confirmed or validated by AKIT. Accordingly, AKIT makes no representations or warranties concerning, and shall have no liability or responsibility for, any inaccurate information contained in the email flyers it distributes.

10. YOUR REGISTRATION OBLIGATIONS. In consideration of your use of the site and our services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, or AKIT has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, AKIT shall have the right to suspend or terminate your account and refuse any and all current or future use of the site or services or any portion thereof.

11. MEMBER ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account designation upon completing the site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AKIT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AKIT cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

12. TERMINATION. You agree that AKIT, in its sole discretion, may terminate your password, account (or any part thereof) or use of the site or its services, and remove and discard any content within the site, for any reason, including, without limitation, for lack of use or if AKIT believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. AKIT may also in its sole discretion and at any time discontinue providing the site or its services, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of these Terms of Use agreement may be effected without prior notice, and acknowledge and agree that AKIT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site. Further, you agree that AKIT shall not be liable to you or any third-party for any termination of your access to the site or for your loss of any data or information you have stored on the site.

13. DEALINGS WITH ADVERTISERS. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AKIT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. AKIT offers a banner on its flyers for sale to advertisers. AKIT at its sole discretion may choose who can advertise and who cannot and may terminate any advertiser at any time for any reason. All user members of AKIT hereby agree and understand that this banner is the sole property of AKIT and AKIT may activate this banner at any time on any flyer to sell advertising. The income derived from the sale of the banner is the sole property of AKIT.

14. LINKS. The site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AKIT has no control over such sites and resources, you acknowledge and agree that AKIT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AKIT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

15. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AKIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  
• AKIT MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES PROVIDED WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AKIT'S SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AKIT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

16. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT AKIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE STE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

17. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

18. NDEMNIFICATION. Upon a request by AKIT, you agree to defend, indemnify, and hold harmless AKIT, all of its affiliated companies, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses (including attorney's fees) that arise from your use or misuse of the Site, including all email flyers and photographs shown thereon. AKIT reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AKIT in asserting any available defenses.

19. COMPLIANCE WITH CAN-SPAM ACT OF 2003. AKIT seeks at all times to comply with the requirement of the Can-Spam Act of 2003 and all other laws applicable to its services. AKIT reserves the right to modify its services and these Terms of Use to maintain compliance with the Can-Spam Act of 2003 and all other local and federal laws applicable to its services, including any amendments or modifications thereto and the regulations promulgated thereunder. Consequently, AKIT reserves the right to add to or modify these Terms of Use at any time. Any member who fails to opt out of AKIT's email distribution program and proprietary email database shall be deemed to have read, understood and agreed to all of these Terms of Use, including any amendments thereto.

20. MISLEADING INFORMATION. AKIT reserves the right to refuse to transmit or distribute any email flyer that it believes to be misleading, deceptive, or otherwise not in compliance with applicable law in any way, including without limitation, any flyer that contains misleading header information, doctored photographs or in any way attempts to disguise its origin or the nature of the property depicted.

21. RIGHT TO OPT-OUT. AKIT provides an "opt-out" or "unsubscribe" link on its website and on each flyer. Any recipient may submit an Internet based request to not receive future emails from any party, and AKIT will honor such requests as required by law.

22. PHYSICAL ADDRESS. All members shall be required to supply AKIT with a valid physical address for inclusion on their email flyer.

23. PROPRIETARY RIGHTS. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by AKIT, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. 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 AKIT is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of AKIT. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us at support@alwayskeepintouch.com.

24. CREDIT CARD PROCESSING. AKIT uses www.authorizenet.com to process its credit card transactions. You may click on the link to learn more about their services. AKIT does not keep members' credit card numbers in our electronic files. All services must be paid for in advance, and AKIT will use commercially reasonable efforts to transmit email flyers at the time desired by the member. AKIT cannot promise or guarantee, however, that email flyers will be transmitted precisely at the time requested by the member. If email flyers are not transmitted within 12 hours of the time requested by the member, then AKIT will (a) manually send the flyer, (b) send it at a later date agreed upon by AKIT and the member, or (c) refund the price of the flyer within 7 days. With regard to all other errors in service committed by AKIT, AKIT will either refund the portion of its charges attributable to that service or correct the error and provide the same service without additional charge.

25. CHOICE OF LAW AND FORUM. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Nevada, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Nevada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

26. MODIFICATIONS / UPDATES TO TERMS OF USE. These Terms of Use of use may be modified or updated at any time. AKIT shall be under no obligation to notify you of any changes to these Terms of Use; it is your responsibility to check these Terms of Use on a regular basis for any changes or updates.

27. PHOTOGRAPHS. If you elect to upload any photographs and add them to the email flyers you create, you represent and warrant to AKIT all of the following: (a) you either own those photographs in their entirety or have due and lawful permission and authorization from the owner(s) thereof to use, upload, display, and distribute such photographs, and (b) the photographs are not misleading, are accurate depictions of the items depicted therein and have not been modified or enhanced in any way. Member agree to hold harmless, not liable and defend at member's expense AKIT, its owners, managers, members, employees, agents and representatives against any legal action brought against AKIT, its owners, managers, members, employees, agents and representatives resulting from member's use of any photos and/or graphics.

28. USE OF YOUR FLYER AS A SAMPLE. AKIT shall have the right to re-distribute or use any flyer you create without providing you with notice of our actions or compensation. AKIT shall have the right to use any flyer you create as a sample on our website for visitors and prospective users to view and use as a template for creating their own flyers.