Last Updated On: May 3, 2022
”) govern the use of the websites, including the website at the
(collectively the “Website
operated by My Little Salesman, Inc. (“MLS
,” or “Us
”), a corporation registered in the State of Texas (USA) with its registered
address at 300 Dawn River Cove, Austin, Texas, 78732, USA. You, as a User (where “User
” is a legal person, whether an individual
or a business entity, using the Website), must agree to this TOU Agreement to use the Website.
You may be required to create a User account (an “Account
”) in order to use certain features of the Website.
You must be of legal age (over eighteen (18) years of age in the United States) to use the Website.
Acceptance of this TOU Agreement
- This TOU Agreement governs all use of the Website, including posting or submitting content to the Website.
You should periodically review the TOU Agreement.
- We reserve the right to modify this TOU Agreement. The most recent version of the TOU Agreement will always
appear on the Website. You will always be bound by the most recent version of this TOU Agreement even if You
are not notified of any changes. By continuing to use the Website, You accept any changes to this TOU Agreement.
If You decide not to accept changes, You must cease using the Website and close Your Account.
https://www.MyLittleSalesman.com/privacy is a part of this TOU
Agreement and incorporated into this TOU Agreement by reference.
Use of the Website
- The Website is for Users who seek to sell, buy, lease, or otherwise transfer vehicles, equipment, and related items,
including by placing “Wanted” listings. The Website also includes comprehensive cloud-based solutions, including a
dealer management system (DMS), a customer relationship management (CRM) system, invoicing and sales management
functionality, inventory management, lead management, social media marketing, and user training. Users may
purchase “banner advertisements” which will appear in other Users’ searches of “Listed Items,” which are vehicles, equipment,
and related items listed for sale or lease on the Website.
- You represent, warrant, and agree that you will not use, or encourage or assist others to use, the Website in any way that
is prohibited by this TOU Agreement or in violation of applicable law, including any applicable export controls.
Nothing on the Website shall be deemed to be an endorsement, representation, or warranty regarding any User regarding such User’s,
products or services, including any Listed Items.
- In order to use certain functions of the Website, You will be required to create an account (Your “Account”) on the Website.
You may create Your Account by (i) creating a username/password combination to use the Website, where your username may be an email address
, or (ii) using a Third-Party Website’s authentication system, such as those offered by certain social media platforms,
such as Facebook, to login to the Website.
- You are solely responsible for maintaining the confidentiality of Your username/password combination or the confidentiality of your login
credentials for any authentication system using a Third-Party Website.
You may not allow others access to the Website through Your Account.
- You will be responsible for any use of the Website taken through Your Account. If You become aware of any actual or possible abuse
of the Website through Your account, contact Us immediately.
- You are responsible for any content, postings, communications, and comments that You submit to the Website or to other Users.
You are responsible for Your actions that breach or could be reasonably construed as a breach of this TOU Agreement and
You may be held responsible for any damages caused by a breach. You may not use the Website in a manner that would disrupt the Website
or its use by other Users.
- We reserve the right to investigate any breach or alleged breach of this TOU Agreement and to report any breach or alleged breach
of this TOU Agreement to law enforcement authorities if We believe that an illegal or unlawful act has occurred.
- We reserve the right to, in our sole discretion, change or modify the Website and any of its functionality at any time.
- We do not actively monitor the Website, including information You submit to the Website, but we may, in our discretion,
investigate Your use of the Website to:
- comply with applicable laws, regulations or other governmental requests;
- maintain the operation of the Website or to protect the interests of MLS or other Users;
- enforce this TOU Agreement or prevent unauthorized use of the Website;
- enhance or provide services on the Website and to third parties providing services in connection with the Website; and
- for other purposes as We may deem reasonably necessary from time to time.
- Users are prohibited from:
- violating, or attempting to violate, any security systems protecting the Website;
- accessing data not intended for the User, including logging into an account which the User is not authorized to access;
- attempting to probe, scan or test the vulnerability of the Website, or to breach security or authentication measures without proper authorization;
- attempting to interfere with the operation of the Website or the provision of the Website to any User or to the general public, including modification of any information or materials submitted by other Users;
- impersonating another User or person, or appropriating another User’s identity or login credentials;
- using the Website or any of Our information technology systems to send “Spam,” other unsolicited messages (including promotions or advertising of products or services), or for delivery or attempted delivery of malicious software code (such as viruses or malware);
- posting information pertaining to the sale of vehicles, equipment, or related items (A) which you do not have in your possession to sell or lease, or (B) do not have legal title in and to or the legal right to sell or lease;
- posting or creating a listing on the Website that contains or describes (A) multiple vehicles, equipment, or related items from various manufacturers, or (B) multiple models of vehicles, equipment, or related items;
- posting or creating multiple listings on the Website that contain or describe the same vehicles, equipment, or related items; or
- responding to any listing on the Website for any reason other than to inquire about the vehicles, equipment, or related items offered for sale, or to solicit business from another User, including any solicitation which could be interpreted as an activity competitive to the business activities of MLS; and
- engaging in “keyword stuffing,” which is including keywords or numbers in an attempt to manipulate a listing or listings in the search results performed by other Users of the Website; examples of “keyword stuffing” include:
- adding irrelevant text, phrases, words, or numbers, including phone numbers, to listings;
- repeating the same text, phrases, words, or numbers; and
- including keywords in an out-of-context list or group.
Notifications by Text Message and Email
- The Website may send You notifications by email, by phone, and by text message, including “two factor” authentication requests in order
to verify Your identity when you attempt to use the Website. You may incur charges from Your cellular or mobile carrier for text
messages and phone calls and We are not responsible for these charges. You consent to receive notifications by text message,
by phone, and by email by accepting this TOU Agreement and using the Website.
- You may modify the settings for Your receipt of text message, phone, or email notifications from Us by navigating to the
“Personal Settings” page while logged in to Your Account on the Website.
- The Website may include links to or embedded content from websites operated by third parties (“Third-Party Website(s)”),
including websites maintained by Sellers and Lessors (as defined herein). MLS, other Users, and third parties may post or provide
links to or embedded content from Third-Party Websites. MLS reserves the right to refuse hypertext links
to Third-Party Websites and to remove hypertext links to Third-Party Websites at any time, without notice, and at its sole discretion.
- We have no control over any Third-Party Website and are not liable for:
- any losses or damages You may incur by navigating to a Third-Party Website,
- any losses or damages You may incur because a Third-Party Website did not properly interact with the Website, or
- any losses or damages You may incur because the content from a Third-Party Website did not properly embed on or interact with the Website.
- Unless otherwise noted, We do not endorse the links to or content of any Third-Party Website.
- If You believe You have an issue or complaint with an operator of a Third-Party Website then You should contact the operator directly.
Purchases and Leases
- Buyers, Sellers, Lessors, and Lessees. Users of the Website may function as buyers (“Buyers”), sellers (“Sellers”),
lessors (“Lessors”), and lessees (“Lessees”) of vehicles, equipment, and related items offered for sale or for lease
on the Website. MLS provides services through the Website to Buyers, Sellers, Lessors, and Lessees by providing listing information to
facilitate sales and leases.
- MLS Not a Party to Leases or Sales Agreements.
- Sales and leases offered through the Website are offered by independent Sellers and Lessors who are responsible for their listings and are solely responsible for performing under any agreement for sale or lease of Listed Items. Sellers and Lessors are obligated to coordinate their sales and leases for any Listed Items directly with the Buyer or Lessee of such Listed Items.
- MLS is not a party to, and does not facilitate, the purchase or lease of any Listed Items. The terms of all agreements for sale or lease of any Listed Items shall be determined by and between the Buyers, Lessees, Sellers, and Lessors who are party to such agreements. MLS does not act as the employee, agent, representative, broker, dealer, marketing agency, or marketing agent of any Buyer, Seller, Lessor, or Lessee.
- MLS has no affiliation with or control over Sellers or Lessors and MLS specifically disclaims any responsibility for or any obligation to perform under any sale or lease of Listed Items.
- Sellers and Lessors may impose their own terms over the sale or lease of Listed Items, including terms related to refunds and returns. Buyers and Lessees assume all risk and liability associated with any agreement for sale or lease entered into with a Seller or Lessor.
- MLS does not accept commissions for the selling or buying of any Listed Items. MLS does not produce or take possession of any Listed Items and does not accept any vehicles, equipment, or related items for consignment sales.
- Buyers and Lessees should enter into sales and leases only after they are satisfied with the condition and terms of sale or lease of any Listed Items.
- Delivery of any Listed Items shall remain the sole responsibility of Buyers, Lessees, Sellers, and Lessors, depending upon the terms of the sale or lease.
- Sellers, Lessors, Buyers, and Lessees agree that MLS has no responsibility to enforce any sale or lease of any Listed Items.
- MLS does not collect, handle, remit, or take possession of any money, payment, receivable, or proceeds from any agreement for lease or sale to which a Buyer, Lessee, Seller, or Lessor is a party.
- Submitted Content. All Users agree that all information submitted to the Website by Sellers and Lessors for the sale or lease
of Listed Items shall be governed under the Section titled “Policies Regarding Content Submitted by You,” below. Sellers and Lessors further agree that descriptions and photographs of Listed Items submitted to the Website will be accurate.
- Applicability of Local Laws. Sellers and Lessors agree that they shall only offer Listed Items for sale or lease through the Website in accordance with applicable local, state, federal, and international laws.
- No Bond. MLS is not bonded for the protection of any Lessor, Seller, Buyer, or Lessee.
- OFAC and Embargoes. All Users, including Buyers, Sellers, Lessors, and Lessees, represent and warrant that (i) they are not
listed on the Specially Designated Nationals and Blocked Persons List issued by the Office of Foreign Asset Control (“OFAC”) of the U.S.
Treasury Department, (ii) they shall not list any Listed Items where such Listed Items are physically situated in any country which
is subject to a U.S. embargo, and (iii) they shall not endeavor to purchase or lease any Listed Items where such Listed Items shall be
delivered to any country which is subject to a U.S. embargo.
- Users of the Website may participate in auctions (“Auctions”) for the sale of Listed Items. Users may act as auctioneers
(“Auctioneers”), which are Users who organize Auctions for listing items subject to Auctions, and bidders (“Bidders”),
which are Users that make “bids,” or offers to purchase items subject to Auctions.
- The winning Bidder of an Auction shall be considered a “Buyer” of the item subject to the Auction while the Auctioneer shall be
considered a “Seller” of the item subject to a finalized Auction. The provisions of the Section titled “Purchases and Leases” shall
apply to any proposed sale of any vehicle, equipment, or related item subject to a successful auction conducted through the Website.
- MLS provides services through the Website to Auctioneers and Bidders by providing listing information to facilitate Auctions and providing the ability for Bidders to place offers to purchase items subject to Auctions.
- We may require Users to provide credit or debit card information before they may bid in an Auction as a Bidder. We reserve the right to prevent a User from participating in an Auction for any reason and We make no warranty that any User may participate in any Auction. Should We notify you that You are not permitted to participate in an Auction, You may contact Us for further information.
- Auctioneers reserve the right to:
- require Users to apply for approval to participate in their Auctions as Bidders;
- approve the participation of Users in Auctions created on our Website;
- control whether their Auctions and information pertaining to their Auctions are visible or available to Users;
- determine whether a User can act as a Bidder in their Auctions;
- offer more than one (1) item for sale in any individual Auction, and to operate more than one (1) Auction at any given time; and
- perform due diligence regarding the ability of a Bidder to purchase an item listed in an Auction.
- Auctioneers reserve the right to determine the terms governing their Auctions, including, but not limited to:
- the length of time of an Auction;
- the reserve price, if any, for the item subject to an Auction, where the “reserve price” is a minimum bid price which must be met by a Bidder in order for the Auction to result in a sale;
- the “buy it now” price, or the price at which a Bidder may immediately offer to purchase the item subject to the Auction; and
- setting the terms of purchase of any item subject to an Auction in which a Bidder placed a winning bid.
- MLS shall not collect, hold, or take possession of any payments from Bidders who win Auctions.
The winning bid in any Auction shall be treated as a sale under this TOU Agreement.
MLS shall charge Auctioneers for Auctions as described in its then-in-effect pricing terms.
- MLS will provide a history of bids on the item(s) subject to the Auction.
- The bids in each Auction will be governed by a “Bidding Increment Table.”
- The Bidding Increment Table sets forth the minimum amount which a Bidder must place above the then-current bid on the item(s) subject to the Auction to submit a bid for the item(s).
- A Bidder may also set a “high bid” in auctions and subsequent Bidders must place bids in excess of such “high bid” to become the Bidder with the then-current highest bid on the item(s). Should a Bidder place a “high bid,” subsequent bids will only increase the then-current highest bid on the item(s) to either (A) the sum of the then-current bid plus the minimum amount set forth in the Bidding Increment Level, or (B) to an amount equal to bid placed by the subsequent Bidder.
Representations and Warranties by Sellers and Lessors.
By using the Website under the terms of this TOU Agreement, all Sellers and Lessors make the following representations and warranties:
- Listed Items listed for sale are owned by Seller, or Seller has the legal right and authority to sell such Listed Items, and such Listed Items are in Seller’s possession or are under the control of Seller.
- Listed Items listed for lease are in Lessor’s possession or are under the control of Lessor, and that Lessor has the legal right and authority to lease such Listed Items.
- Any terms or conditions, as posted on the Website, related to the sale or lease of Listed Items do not violate any applicable laws or regulations.
- Seller or Lessor is not insolvent and has not made any voluntary declaration of bankruptcy or insolvency and has not been adjudicated as bankrupt or insolvent.
- Seller or Lessor has maintained the good standing of any and all licenses, permits, permissions, and authorizations required for Seller or Lessor to perform its obligations under this TOU Agreement or under any agreement for sale or lease of any Listed Items.
- Listed Items listed by Seller or Lessor:
- are free and clear of any and all registered and unregistered liens, security interests, tax, duty obligations, or other encumbrances or contrary claims whatsoever, except as expressly disclosed by Seller or Lessor in the applicable listing;
- are in good operating condition, free of material defects, except as disclosed by Seller or Lessor in the applicable listing;
- have not been fraudulently obtained and, to Seller’s or Lessor’s knowledge, are not stolen or counterfeit;
- have not been modified or tampered with in any manner that would be contrary to applicable legislation or which would mislead a Bidder, Buyer, or Lessee including, but not limited to, tampering with emission control devices; and
- in the case of motor vehicles or motor vehicle equipment, have never been re-built or salvaged except as expressly disclosed in the applicable listing.
- The listings of all Listed Items for sale or lease:
- will include a description of all applicable odometer and hour meters that reflect actual mileage or usage of such Listed Items, unless otherwise expressly disclosed in the applicable listing;
- will include all legally required disclosures pertaining to the sale or lease of such Listed Items; and
- will not violate or infringe the rights of any third parties, including any intellectual property rights.
Financial Services Offered by Third Party Financial Institutions
- The Website may provide links in which Users may apply for and obtain financial services, including the financing of purchases of vehicles, equipment, or related items for sale or lease through the Website, from third-party financial institutions (“Financial Institutions”). Financial Institutions are independent third-parties who are responsible for their financial services listings and are solely responsible for performing under any agreement they enter into with a User. MLS has no affiliation with or control over Financial Institutions and MLS specifically disclaims any responsibility for or any obligation to perform under any agreement a Financial Institution may enter into with a User and Financial Institutions will impose their own terms in such agreements.
- REGARDING THE WEBSITE AND THE CONTENT CONTAINED THEREIN, MLS 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. THE WEBSITE IS PROVIDED TO YOU “AS-IS” AND YOU USE THE WEBSITE SOLELY AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR COMPUTING DEVICE WHICH OCCURS AS A RESULT OF YOUR USE OF THE WEBSITE. MLS MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. ALTHOUGH WE MAY ATTEMPT TO VERIFY THE IDENTITIES OF OTHER USERS, WE MAKE NO WARRANTY THAT ANY USER OF THE WEBSITE IS INDEED WHO THEY PURPORT TO BE.
- MLS MAKES NO WARRANTY THAT ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE WEBSITE IS TRUE, RELIABLE OR ACCURATE. MLS MAKES NO WARRANTY THAT IT WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS IN THE INFORMATION OR CONTENT ON THE WEBSITE.
- MLS MAKES NO WARRANTY REGARDING THE PERFORMANCE OR ABILITY OF ANY USER WHO MAY APPEAR ON THE WEBSITE OR WHOM YOU MAY CONTACT, BE CONTACTED BY, OR CONTRACT WITH REGARDING A PURCHASE OR SALE OF VEHICLES, EQUIPMENT, OR RELATED ITEMS THROUGH YOUR USE OF THE WEBSITE. USERS SHALL BE CONSIDERED TO BE OPERATORS OF “THIRD-PARTY WEBSITES” IF SUCH USERS DIRECT YOU TO WEBSITES UNDER THEIR OWNERSHIP OR CONTROL.
LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT MLS SHALL NOT BE LIABLE FOR ANY DAMAGES OR INTANGIBLE LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, OR ANY LOST PROFITS WHICH YOU MAY INCUR OR SUFFER, INCLUDING THE PURCHASE OR SALE OF VEHICLES, EQUIPMENT, OR RELATED ITEMS, AS A RESULT OF (1) YOUR USE OF THE WEBSITE, (2) YOUR RELIANCE ON ANY CONTENT OR INFORMATION ON THE WEBSITE, (3) YOUR RELIANCE ON ANY CONTENT OR INFORMATION SUPPLIED TO YOU BY OTHER USERS, OR (4) YOUR ACCESS OF INFORMATION HOSTED OR PROVIDED BY ANY THIRD-PARTY WEBSITE. MLS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES THAT YOU INCUR AS A RESULT OF YOUR FAILURE TO PROTECT ACCESS TO YOUR ACCOUNT. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF MLS HAS BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IF YOU BELIEVE THAT YOU ARE AT RISK OF ANY TYPE OF LOSS, WHETHER TANGIBLE OR INTANGIBLE, THEN YOU SHOULD NOT USE THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE THE TOTAL AMOUNT MLS IS LIABLE TO YOU SHALL BE EQUAL TO THE TOTAL AMOUNTS PAID BY YOU, IF ANY, TO MLS.
IndemnificationYou agree to hold MLS harmless and indemnify MLS from and against any third-party claim arising from or in any way related to Your use of the Website in violation of this TOU Agreement, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Policies Regarding Content Submitted by You
- We are not responsible for any content, including any malicious software, posted or submitted by You or other Users to the Website. We accept no responsibility for any damages that such content or malicious software may cause to You. It is Your responsibility to review any content which You submit to or obtain from the Website. We do not endorse or support any content that is submitted to the Website by You or other Users.
- We reserve the right to refuse, in our sole discretion, to accept, post, display or transmit any content You submit to the Website if We believe that such content is or could be deemed to be offensive to other Users or disruptive to their use and enjoyment of the Website.
- We reserve the right to edit and/or remove any content submitted to the Website that contains or references (i) pornography or obscene materials, (ii) pedophilia, incest or bestiality; (iii) threats of violence; (iv) hateful references to a person’s race, ethnic group, religion, disability, gender, age or sexual orientation; (v) violates the copyright, trademark or other proprietary rights of another; or (vi) the private or confidential information of another person.
- We have the right to retain an archived copy of any removed content or to report any removed content, or content deemed to contain or reference any materials referenced in this Section, to law enforcement authorities or to comply with applicable laws or regulations. We may also retain such content to preserve Our rights.
- You retain the rights to your comments or other proprietary content (“Your Proprietary Content”) that You submit, post or display on the Website. By submitting, posting or displaying Your Proprietary Content on the Website, You represent that You hold title to Your Proprietary Content and that Your submission or posting of Your Proprietary Content does not violate the privacy or proprietary rights of others,
- You grant Us a perpetual, worldwide, non-exclusive, fully paid-up and royalty-free license to reproduce, publish, create derivative works from, publicly display and distribute Your Proprietary Content through or on the Website or through other products and services developed by MLS. This license shall be operative even if We receive compensation or remuneration through operation of the Website, through any of Your Proprietary Content submitted, posted or displayed on the Website, or through any derivative works We prepare from Your Proprietary Content.
- We may transmit or distribute Your Proprietary Content submitted to the Website over various electronic networks and in various media and make such changes to Your Proprietary Content as necessary to conform and adapt such content to the Website. We may make Your Proprietary Content available to third parties for their own business purposes. You agree that the license to Your Proprietary Content that You grant to MLS includes these rights.
- After it has been submitted, posted or displayed, Your Proprietary Content may remain available through the Website even if You decide to cease using the Website or terminate this TOU Agreement.
Proprietary Nature of the Website
- You acknowledge that MLS owns all right, title and interest in and to the Website, including its underlying software code, graphic elements, layout, and design, and that U.S. and international intellectual property laws, including copyright laws, protect such rights.
- MLS does not own right, title, or interest in or to Your Proprietary Content or any proprietary content of other Users or third parties submitted to, linked from, or embedded in the Website.
- You will not reproduce, reverse engineer, copy, alter, modify, or create derivative works from the Website, the Website’s underlying software code, or any proprietary information of MLS or other Users. You agree that you will not use any robot, spider, other software, or manual process to monitor, “scrape,” or copy any content available on the Website. You agree not to resell any of Our proprietary information, products, or services made available through the Website.
- MLS owns certain trademarks, including the standard character marks “My Little Salesman,” “MyLittleSalesman.com,” “Dealer Technology Solutions,” and certain stylized design marks, including our “My Little Salesman” logo. These trademarks and Our other trademarks are protected under U.S. and international intellectual property laws. Other marks that may appear on the Website may be proprietary to their respective owners.
- Nothing in this TOU Agreement shall be interpreted as a grant of license or assignment of any intellectual property of or information proprietary to MLS, including the Website’s underlying software code and any other proprietary content available through the Website.
- You may terminate this TOU Agreement by ceasing to use the Website and by closing Your Account.
- We may prevent You from using the Website or terminate Your access to the Website, in our sole discretion and without notice to You, if We become aware of actions that breach, or that We may reasonably construe as a breach, of this TOU Agreement. We may limit or terminate, in our sole discretion and without notice to You, Your use of the Website if We determine that Your conduct or actions are detrimental to other Users.
Billing, Payments, and Refunds
- By accepting this TOU Agreement, You agree that MLS has the right to charge your debit or credit card as payment for billable services,
including subscriptions, provided through the Website. Your “Billing Statements” available on Your Account dashboard will detail all
of the charges applied to Your Account for billable services You purchase or subscribe to through the Website.
- MLS reserves the right to terminate this TOU Agreement if it cannot charge your debit or credit card.
- MLS is under no obligation to give refunds. Sales of services are final and subscriptions and subscription-based services that
are ordered shall be paid for until the end of the then-current term has elapsed.
- MLS is under no obligation to give refunds. Sales of services are final and subscriptions and subscription-based services that are ordered shall be paid for
until the end of the then-current term has elapsed.
Contact You may contact MLS by calling us at the toll-free phone number (844) 325-3818 or at the email address email@example.com.
Others’ Proprietary Information
- MLS will respond to any notice alleging infringement of the rights of a third party by investigating the allegation. We will remove the content from the Website if We determine that an infringement has occurred after investigating claims submitted to us pursuant to this Section.
- Any persons, including Users, who reasonably believe that the Website is hosting their copyrighted material without their permission may contact Us with a notice of the alleged infringement at the email address firstname.lastname@example.org. We shall investigate all claims of alleged copyright infringement so long as such claims are submitted to Us with:
- your contact information, such as your phone number or email address (and Your Account number or User name if You are a User);
- a description of the allegedly infringing material, including any URL on the Website where it is hosted;
- the URL that hosts your original content with your permission, including the title, if any, of your original content;
- a statement that your copyright allegation is made in “good faith” and that you did not authorize the alleged infringer to display or submit your content on the Website;
- a statement that, under penalty of perjury, that the information you submit is accurate; and
- your physical or electronic signature.
- MLS does not allow Users to use the Email Services to deliver unwanted email communications. We adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing Act (the “CAN-SPAM Act”) and this Anti-Spam Policy seeks to comply with the CAN-SPAM Act. Violations of this Anti-Spam Policy could lead to the termination of Your Account.
- All messages sent using the Email Services must include a clear “unsubscribe” link with instructions. The link must allow recipients to opt-out of future messages. These requests must be honored within ten (10) business days. The “unsubscribe” link and instructions should appear below the body of the message.
- All messages sent using the Email Services must contain accurate information in the message header, including the “From” line and the domain name and email address of the sender. The “Subject” line must not be deceptive and must be relevant to the content of the message. An accurate address of the sender must be included.
- All unsolicited messages sent using the Email Services must contain a clear notice that the message is an advertisement or solicitation.
- You may learn more about the Federal Trade Commission’s regulations and Your responsibilities under the CAN-SPAM Act by visiting https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business.
- This TOU Agreement constitutes the entire agreement between You and MLS regarding Your use of the Website. No joint venture, partnership, employment, or other relationship is created between You and MLS under this TOU Agreement.
- This TOU Agreement shall be binding upon the successors-in-interest of You and MLS. You may not assign this TOU Agreement. MLS reserves the right to assign this TOU Agreement.
- Any failure by MLS not to exercise or enforce any legal right or remedy available to MLS shall not be construed as a waiver of such right or remedy.
- If any court of competent jurisdiction rules that any provision of this TOU Agreement is invalid, then such provision shall be removed from this TOU Agreement without affecting the remainder of the TOU Agreement and this TOU Agreement will continue to be valid and enforceable.
- This TOU Agreement shall be governed under the laws of the State of Texas without regard to its conflict of laws provisions. Venue for any action brought under this TOU Agreement will be the courts of Travis County, Texas. You agree that MLS shall be entitled to equitable relief, including the grants of injunctions, should You violate this TOU Agreement or if MLS has reason to believe that you will violate this TOU Agreement.
- Any claim or cause of action You may have against MLS must be filed within two (2) years of the date on which the claim or cause of action occurred, or within two (2) years of the date on which You would have had reason to know of the occurrence of such claim or cause of action, or such claim or cause of action shall be forever barred.
- The Website has been designed to comply with the laws of the United States and MLS does not make any representation or warranty that use of the Website is legal or lawful in other jurisdictions. You will be solely responsible for complying with applicable law should You access or use the Website from outside the United States.