Thursday, May 17, 2012

Advertising

Advertising Terms and Conditions Agreement – Tulare County Association of REALTORS (TCAOR) Web Site www.tcmls.org

Both parties hereby agree to the following:

This service may be used for only lawful purposes. All advertisements are subject to the approval of TCAOR (AOR) and TCMLS (MLS). With respect to the services provided by TCAOR (AOR) and TCMLS (MLS), the CUSTOMER acknowledges that TCAOR (AOR) and TCMLS (MLS) makes no warranties of any kind, expressed or implied. TCAOR (AOR) and TCMLS (MLS) reserves the right to make changes to the above terms and conditions of this agreement upon thirty (30) day's notice to the CUSTOMER, advising of the change and the effective date thereof.

In the event that TCAOR (AOR) and TCMLS (MLS) believes that the CUSTOMER is utilizing TCAOR (AOR) and TCMLS (MLS) services in a manner not explicitly allowed under this contract, then TCAOR (AOR) and TCMLS (MLS) may, at any time at its sole discretion, immediately and without notice discontinue service to the CUSTOMER without liability other than a prorated refund of any unused prepaid service fees.

CUSTOMER agrees to pay all fees associated with the account activated prior to the commencement of service. Thereafter, the CUSTOMER shall be invoiced in advance for each period of service. The CUSTOMER agrees to pay each invoice prior to the Invoice Due Date outlined on the invoice. If the CUSTOMER fails to pay an invoice by the Invoice Due Date outlined on the invoice, then TCAOR (AOR) and TCMLS (MLS) shall be entitled to unilaterally terminate this agreement and discontinue the service to the CUSTOMER.

Utilization of the services offered by TCAOR (AOR) and TCMLS (MLS) by the CUSTOMER will constitute acceptance of price, contract, and terms/conditions in this agreement.

The parties hereto represent and warrant that they have full power and authority to execute and deliver this Agreement and to perform their obligations hereunder subject to all terms and conditions stated herein and on the Advertising Terms and Conditions Agreement, attached hereto and made part of this agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the Effective Date.

This agreement constitutes the entire agreement between the parties and supersedes any and all prior oral or written agreements and understandings of the parties. In any event that any term or provision of this agreement is held by a court of competent jurisdiction to be unenforceable, then all remaining provisions of this agreement shall remain in full force and effect. Should any dispute arise under the terms of this contract, the parties agree to venue for resolution of said dispute shall be in the County, City or Circuit Courts in and for Tulare County, California.

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