Terms of Service

These terms are a contract between you and [LEGAL ENTITY NAME] ("we", "us"), which operates CoBroker Mail. By creating an account or sending a blast you accept them. If you are acting for a brokerage, you confirm you are authorised to accept these terms on its behalf.

CoBroker Mail sends a listing email you compose to our list of New York real estate contacts, for a flat fee per blast. You are buying delivery to that list. You do not receive the list, a copy of it, or any part of it, and it is not exposed anywhere in the application.

Give accurate details and keep them current. You are responsible for everything done through your account and for keeping your password to yourself; tell us promptly at [CONTACT@YOURDOMAIN.COM] if you believe it has been used without your permission. You must be at least eighteen, and you must be the listing agent for the property you are marketing or otherwise authorised to advertise it.

Each blast costs a single flat fee, shown before you pay and charged through PayPal at checkout. There is no subscription and no recurring charge. The price that applies is the one displayed at the time of purchase. Fees exclude any taxes that may apply.

Payment is taken before a campaign is released for sending. We will not charge you for a blast with no eligible recipients.

You may cancel and receive a full refund at any time before your blast begins sending. Paying and sending are separate steps, so there is a real window between the two — write to [CONTACT@YOURDOMAIN.COM] and we will refund the order in full.

Once a campaign has been released and sending has begun, the fee is non-refundable. Email cannot be recalled once it is delivered.

No refund is due where an account is suspended or terminated for breach of section 6.

You are responsible for the content of your blast. The following are conditions of using the service, not guidelines:

• Fair housing. Your content must comply with the federal Fair Housing Act, the New York State Human Rights Law and the New York City Human Rights Law. Nothing you send may express a preference, limitation or discrimination based on a protected characteristic, or steer recipients toward or away from a neighbourhood on that basis.
• Licensing and disclosures. You must comply with New York Department of State advertising rules for licensees, including accurate identification of your brokerage and the required fair housing and disclosure notices.
• Accuracy. Listing details, prices, availability and open house times must be accurate when you send. Subject lines and sender names must not be deceptive.
• Rights in your content. You must own or be licensed to use every photograph, floor plan, logo and piece of copy you upload.
• No prohibited content. Nothing unlawful, fraudulent, defamatory, malicious, adult, or unrelated to marketing New York real estate.
• No interference. Do not attempt to extract the recipient list, probe or disrupt the service, or use it through automated means beyond the application itself.

We may refuse, hold or stop any campaign that we reasonably believe breaches this section. We do not pre-screen content, and reviewing a campaign does not make us responsible for it.

Your listing content remains yours. You grant us a non-exclusive license to host, reproduce, adapt for email layout, and transmit it for the purpose of delivering the blasts you ask us to send, and to display it back to you in previews and reports. That license ends when the content is deleted, except for copies already delivered to recipients and records we are required to retain.

Blasts are queued and delivered over time rather than instantly. Daily volume is capped to protect deliverability, so a campaign may be spread across more than one day.

Sending pauses automatically if a campaign's bounce or spam-complaint rate crosses our thresholds. This protects the sending domain for every customer. If your campaign pauses this way we will tell you why, and you may be asked to change the content before it resumes.

Addresses that have unsubscribed, bounced or complained are permanently excluded from every send. The number of addresses a blast reaches therefore varies, and the list size quoted on our site is indicative rather than a guaranteed delivery count.

We do not promise any level of opens, clicks, replies, enquiries, showings or transactions. Open and click figures are estimates, for the reasons set out in our privacy policy. Whether a message reaches an inbox rather than a spam folder depends on receiving mail providers and is outside our control.

Replies to your blast are forwarded to the email address on your account so you can answer from your own mail client. Automatic replies, out-of-office messages and postmaster traffic are filtered out rather than forwarded. We are not responsible for mail that your own provider rejects or filters.

You may close your account at any time. We may suspend or terminate an account that breaches these terms, that generates complaint or bounce levels which threaten the sending domain, or where required by our own service providers. Where circumstances allow, we will warn you first. Sections 7, 9, 12, 13 and 14 survive termination.

The service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, lost business or lost opportunities, arising out of the service.

Our total liability for any claim relating to the service is limited to the amount you paid us for the blast giving rise to the claim.

You will indemnify us against third-party claims arising from your content or from your breach of section 6.

These terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. You and we submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

We may update these terms. The date at the top of this page shows when they last changed, and material changes will be sent to the email address on your account. Continuing to use the service after a change means you accept the updated terms. The terms in force when you paid for a blast govern that blast.

[LEGAL ENTITY NAME]
[STREET ADDRESS], New York, NY [ZIP]
[CONTACT@YOURDOMAIN.COM]