PRIVACY STATEMENT
MyLittleSalesman.com is committed to protecting the privacy of our users. We want to provide a safe, secure user experience. We will use our best efforts to ensure that the information you submit to us remains private, and is used only for the purposes as set forth herein. The following reflects our commitment to you.
Information About All MyLittleSalesman.com Visitors In general, we gather information about all of our users collectively, such as what areas users visit most frequently and what services users access the most. We only use such data anonymously and in the aggregate. This information helps us determine what is most beneficial for our users, and how we can continually create a better overall experience for you. We may share this information with our partners, but only in the aggregate, so that they too may understand how MyLittleSalesman.com visitors use our site, so they may create a better overall experience for you, as well.
General Information Disclosure We do not disclose information about your individual visits to MyLittleSalesman.com, or personal information that you provide, such as your name, address, e-mail address, telephone number, credit card number, etc., to any outside parties, except when we believe the law requires it. But, we may record and share aggregated information with our partners. Also, if you input your information on a co-branded registration page, such as that of a MyLittleSalesman.com and partner company-sponsored contest, then your information becomes the property of both MyLittleSalesman.com and the partner co-sponsoring the contest. In that instance, MyLittleSalesman.com is not responsible for the information that the partner company receives.
Updating Account Information MyLittleSalesman.com allows you to change or correct your personal information at any time. To do so, simply log into your MyLittleSalesman.com account, and you will find options for editing the information you have submitted.
Cookies There is a technology called "cookies" which is a file transferred from a website to the hard drive of your computer so that the website operator may track activities on the site. MyLittleSalesman.com uses cookies to help track activity when members log in. Cookies allow us to make MyLittleSalesman.com more convenient to use when adding equipment listings or modifying your member information.
A cookie will NOT permit MyLittleSalesman.com to learn any personally identifying information about you, such as your real name or address, unless you have previously provided that information to us or you have set the preferences in your browser to provide this information. Please note that you can set your browser to notify you when you receive a cookie, giving you the opportunity to accept or reject it.
Feedback MyLittleSalesman.com has an area on the site where you can submit feedback. Any feedback that is submitted through this area becomes the property of MyLittleSalesman.com. We may use this feedback, such as success stories, for marketing purposes, or to contact you for further feedback on the site.
Children We do not specifically collect information about children. We believe that children should get their parents' consent before giving out personal information. If you are concerned about your child's use of MyLittleSalesman.com, we encourage you to use Web filtering technology to supervise your child's access to the site. We also encourage you to participate in your child's experience with MyLittleSalesman.com. With a little guidance, the site can prove very useful in helping them learn about the marketplace, search and locate equipment.
Privacy Commitment Changes If we decide to change our privacy commitment for MyLittleSalesman.com , we will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. If, at any time, you have questions or concerns about MyLittleSalesman.com privacy commitment, please feel free to email us at info@mlsinc.com or call 800.352.0642 and speak to one of our representatives. Thank you for using MyLittleSalesman.com. We'll keep working hard to earn your loyalty.
TERMS OF USE
THE TERMS, CONDITIONS AND NOTICES BELOW WILL GOVERN YOUR USE OF THE MLS, INCORPORATED NETWORK. THEY ALSO PROVIDE NOTICE OF SOME OF MYLITTLESALESMAN.COM POLICIES. PLEASE READ THEM CAREFULLY!
The MLS, Inc. Network is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions and notices contained herein. "Network" also refers to all information, text and visual images, software, products and services used or available via the Network. Any and all rights not expressly granted in these Terms, Conditions and Notices (collectively, these "Terms") are reserved by MLS, Inc., reserves the right to change these Terms, at its sole discretion, at any time or from time to time. Your use of the Network means that you've read all of these Terms and agree to them. For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please email us or call MLS, Inc. at 800-352-0642.
General, Trademarks, Copyrights MLS, Inc., a division of the Pierce Family of Companies, is the owner of all intellectual property rights (including copyrights) in the MLS, Inc. Network. Material published by MLS, Inc. on this Network may contain other proprietary notices or describe products, services, processes or technologies owned by MLS, Inc. or third parties. Nothing in these Terms or in the Network shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of MLS, Inc. or any third party, except as expressly set forth herein.
The deletion or alteration of any copyright or other proprietary notices from the Network is strictly forbidden.
"MLSINC.com," "MyLittleSalesman.com", "VIHN" and certain other names or logos are trademarks of MLS, Inc., and all related product and service names, design marks and slogans are the trademarks or service marks of MLS, Inc. All other product and service marks contained herein are the trademarks of their respective owners. The "look" and "feel" of MLS, Inc.'s site (including color combinations, button shapes, layout, design and all other graphical elements) are also MLS, Inc.'s trademarks or copyrights.
All editorial content and graphics on this site, as well as the HTML and ASP based computer programs used to generate pages, and the Website are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of MLS, Inc., which reserves all rights. Re-use of any of MLS Inc.'s editorial content and graphics for any purpose is strictly prohibited without MLS Inc.'s prior written permission. Please direct any requests for permission to info@mlsinc.com
Please be aware that the information, software, products and services published on this Network may include inaccuracies, typographical errors or out-of-date information. Changes are made and items added to the Network and the information on it from time to time. MLS, Inc. may make such changes or additions at any time at its sole discretion. Other Parties.
This Network may contain hyperlinks or other connections to Web sites operated by parties other than MLS, Inc., including but not limited to those of the MLS, Inc. Member companies and agencies or its advertisers (individually or collectively, as the case may be, "Members"). MLS, Inc. does not control these Web sites and is not responsible for them, including for their availability, content or any viruses accessed through them. MLS, Inc.'s inclusion of hyperlinks, distribution of listings (through VIHN) or other connections to such Web sites does not imply any endorsement of the material on them or any association with their owners or operators.
MLS, Inc. takes no responsibility whatsoever for the activities of buyers or MLS, Inc. Member dealers and Network Partners or those Members' respective business practices (or any of the information posted or downloaded by them on the Network). Nothing on the Network shall be deemed to be an endorsement, representation or warranty with respect to any Member, applicant or other third party, whether in regard to its Web site, products, services or otherwise.
Your Use and Limited License The MLS, Inc. Network is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Network, the MLS, Inc. Website as a whole software, products or services obtained from or available as part of or in conjunction with this Network. You are granted a non-exclusive, non-assignable and non-transferable license to use the Network only under these terms and conditions of use.
This license is not a sale of any of the owner's rights. Only you may use the MLS, INC. Network, and you may not rent, lease, lend, sub-license or transfer the Network or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Network. You may not transfer to or store any data residing or exchanged over the MLS, Inc. Network in any electronic network for use by more than one user unless you obtain prior written permission from MLS, Inc.
Your Responsibilities The MLS, Inc. site may be used only for lawful purposes by individuals or companies seeking to purchase equipment and related items and individuals or companies seeking to sell equipment and related items. As one of the conditions of your use of the and related items Network, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Network for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). It is YOUR RESPONSIBILITY to ensure that your use of the Network complies with these terms, conditions and notices and to seek prior written permission from MLS, Inc. for any uses not permitted or not expressly specified herein.
1. Transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable that may invade another's right of privacy or publicity.
2. Impersonate any person or entity, including but not limited to, an MLS, Inc. official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements).
4. Post or transmit any Content that contains a virus or corrupted data.
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
6. Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text).
7. Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or any non-equipment information such as opinions or notices, commercial or otherwise.
8. Violate any applicable local, state, national or international law.
9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
10. Respond to any equipment listing on the Network for any reason other than to inquire about that piece of equipment or seller. Communications soliciting the seller's business by our competitors are strictly prohibited.
11. Delete or revise any material posted by any other person or entity.
12. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.
13. Modify or attempt to modify any material posted by any other person or entity.
14. Attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers.
15. Uploading, posting, emailing, or transmitting the same message, URL, or equipment listing multiple times.
1. Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through our computer systems. Your email's "From," "To," and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.
2. Using or causing to be used our computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
3. The subject line cannot mislead or deceive the recipient about the contents or subject matter of the message.
4. Any marketing- or sales-based email sent to multiple recipients must give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
5. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
For more information regarding your responsibilities regarding spam and the CAN-SPAM Act of 2003, visit the U.S. Federal Trade Commission website at http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm. Additional consumer spam information can be found at http://www.ftc.gov/spam/.
Use of our email servers is subject to monitoring and abuse prevention as described in this section and below in the section "Monitoring."
Web Site Security Rules Users are prohibited from violating or attempting to violate the security of MLS, Inc., including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a Network or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mail, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of Network or network security may result in civil or criminal liability. MLS, Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Your Grants By submitting (e.g., uploading) Content to the Network, you automatically grant MLS, Inc. the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with the Network), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Content have been waived. MLS, Inc. and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Network. Without limiting the foregoing, MLS, Inc. and its designees shall have the right to remove any Content that violates these Terms or are otherwise objectionable. You agree to indemnify and hold ML,S Inc. harmless from any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another.
Monitoring MLS, Inc. is under no obligation to monitor the information residing on or transmitted via this Network. However, you agree that MLS, Inc. may monitor the Network Contents to (1) comply with any applicable laws, regulations or other government requests; (2) operate the Network properly or to protect itself and its users and Members; (3) enforce our anti-spam policy and prevent unauthorized use of our email servers; we will not monitor the content of individual emails, but will monitor the usage patterns for purposes of enforcing our anti-spam policy; and (4) for such other purposes as it may deem reasonably necessary or appropriate from time to time. MLS, Inc. reserves the right to modify, reject or eliminate any information residing on or transmitted to its Network that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.
Information Collection The very nature of the service MLS, Inc. provides you requires that we gather, process, use and distribute information which you provide directly (e.g., name, physical address, e-mail address, equipment listings), as well as information regarding the manner in which you use the Network. MLS, Inc. cannot guarantee that your information will be prevented from being viewed by any particular party.
If you have directly submitted information and would like us to remove it from our database, please contact us at the email address or phone number listed above and we will use reasonable efforts to delete your information from our then existing files. At your request, we will also make reasonable efforts to forward a similar request on to up to five Network Partners specified by you; however, we cannot control, or be liable for such efforts, or for any past, present or future action or inaction by any of our Network Partners.
Disclaimer of Liability MLS IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION GIVEN OR DISCLOSED BY MLS OR ON OR THROUGH THE MLS NETWORK. ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT THERETO ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MLS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MLS NETWORK, INFORMATION OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE SAME (OR ANY LINKED SITE), OR FOR ANY INFORMATION OBTAINED FROM MLS, THROUGH THE MLS NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE MLS NETWORK OR INFORMATION, THE INTERNET GENERALLY, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF MLS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, EXCEPT TO THE EXTENT INJURY IS CAUSED BY THE DELIBERATE OR GROSSLY NEGLIGENT CONDUCT OF MLS OR ITS PERSONNEL. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MLSÕS MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT OF THE CHARGES BILLED BY MLS TO THE CLAIMANT DURING THE MONTH OR MONTHS SUCH DAMAGES WERE INCURRED. SPECIFICALLY, AND WITHOUT LIMITING THE SCOPE OF THE OTHER LANGUAGE IN THIS PARAGRAPH, BECAUSE OF THE INHERENT UNPREDICTABILITY AND VARIABILITY OF VARIOUS COMPUTERS AND SYSTEMS, MLS CANNOT CONTROL THEIR PERFORMANCE, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE OPERATION OR NONOPERATION OF COMPUTERS AND SYSTEMS OF USERS OF THE MLS NETWORK AND INFORMATION FROM MLS; THAT IS, IF YOUR SYSTEM OR ANY PART THEREOF FAILS FOR ANY REASON, REPAIR OF THE SAME AND RESPONSIBILITY FOR ANY RESULTING INJURY LIES SOLELY WITH YOU, AND NOT MLS. AS USED IN THIS PARAGRAPH, THE FOLLOWING TERMS HAVE THESE MEANINGS: "INFORMATION" MEANS ANY INFORMATION, MATERIAL, APPARATUS, PRODUCT, ADVICE, SOFTWARE, SERVICE OR PROCESS; "MLS" MEANS MLS, INC.; "MLS NETWORK" MEANS ALL SYSTEMS, SERVICES AND WEBSITE (INCLUDING BUT NOT LIMITED TO ALL PARTS THEREOF, LINKS PROVIDED THEREIN, CONTENT OF LINKED SITES, AND WEBSITE HOSTING) CREATED OR PROVIDED BY MLS.
Miscellaneous You agree that no joint venture, partnership, employment or agency relationship exists between you and MLS, Inc. (or any of MLS, Inc.'s Members) as a result of this agreement or your use of this Network.
MLS, Inc.'s performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish MLS, Inc.'s right to comply with law enforcement requests or requirements relating to your use of the Network or information provided to or gathered by MLS, Inc. with respect to such use.
Agreement These terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding MLS, Inc., its Network or the information thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Certain Rights & Obligations; Modification MLS, Inc. shall have the right to terminate your ability to access this service at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time. MLS, Inc. shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without MLS, Inc.'s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
Enforcement and Interpretation These terms shall be governed by internal Oregon and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Lane County, Oregon, U.S.A. Use of this Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, MLS, Inc. will be entitled to equitable relief upon a breach of them by you.
1. All subscribers will receive an email reminder ten days prior to the expiration of their Inventory Mover™ subscription.
2. MLS, Inc. is under no obligation to give refunds for products or services purchased with a credit card. Under normal circumstances, the product or service would be provide until the end of the term purchased.
3. Subscription packages in the Inventory Mover™ Standard Dealer program may not be changed during the effective term of subscription (i.e. a subscriber cannot change from 3 months to 6 months during the current subscription). Changes to the length of subscription are allowed at renewal and require the subscriber to make the change in the user’s online administrative area or contact MLS, Inc. to request the change./p>
4. The exception to this condition is in the case of a Standard Package subscriber moving to an Inventory Mover™ Premium or Elite Package. For details on this contact a MLS, Inc. sales representative. For a description of the features and functionality included in each of the MLS, Inc. product offerings, visit the MLS, Inc. website at www.mylittlesalesman.com.
· To renew, change or cancel your subscription, users must log in to My Account and update their account settings. Registrations are not automatically renewed and will terminate if the user does not update their account settings.
· By entering into this agreement, you give MLS, Inc. the right to make charges against the credit card you have entered. MLS, Inc will charge this card based on the subscription term you have selected as follows:
· Subscribers will receive an email reminder ten days prior to the expiration of their subscription in Inventory Mover™. If the subscriber does not provide a written notice of cancellation at least five (5) days prior to the expiration date, MLS, Inc. will charge the card on record for an identical enrollment in the Inventory Mover Standard Package.
· MLS, Inc will charge the card one time in the amount agreed upon when registering. See the Inventory Mover registration page for pricing details.
· Subscribers will receive an email reminder ten days prior to the expiration of their subscription in Inventory Mover™. If the subscriber does not provide a written notice of cancellation at least five (5) days prior to the expiration date, MLS, Inc. will charge the card on record for an indentical enrollment in the Inventory Mover Standard Package.
· There are no refunds given for Inventory Mover™ Standard Packages.
· Subscription packages in the Inventory Mover™ Standard Dealer program may not be changed during the effective term of subscription (i.e. a subscriber cannot change from 3 months to 6 months during the current subscription). Changes to the length of subscription are allowed at renewal and require the subscriber to contact MLS, Inc. to request the change. · The exception to this condition is in the case of a Standard Package subscriber moving to an Inventory Mover™ Premium or Elite Package. For details on this contact a MLS, Inc. sales representative.
· As a subscriber to the Inventory Mover™ Standard Package, you will receive the following: - One Yard Page featuring your company information, logo and inventory - Unlimited basic listings on www.mylittlesalesman.com / www.mlsinc.com - Discounted Bulk Uploads of inventory to be displayed on www.mylittlesalesman.com / www.mlsinc.com
