Effective Date: Nov 20, 2020
WHAT INFORMATION DOES THIS APPLY TO?
This Policy applies to Personal Information collected through the Service. It covers how we may collect, use, store, share, disclose, and otherwise process such Personal Information as of the date that this Policy is effective. This Policy does not apply to any other information collected by us through any other means, including through third parties.
“Personal Information” is defined in this Policy as information that identifies or can identify you personally and, among other relevant data, may include your:
- Postal address
- E-mail address
- Phone number
- Location via IP address
- Device being used to access the Service
HOW IS INFORMATION COLLECTED?
Personal Information you provide to us when you use the Service
We collect the Personal Information you provide directly to us through the Service, including when you create your account, provide contact information, and send other Personal Information to us through the Service. We may also upload your contact or other Personal Information into the Service if you provide that information to us offline or in other ways. Even if you do not send us any Personal Information, we may collect certain non-Personal Information about how you use the Service.
Personal Information we collect through your use of the Service
When you use the Service, we may collect the following Personal Information about you:
- Real Estate Preferences. We may collect information on your real estate searches and preferences when you use the Service, including about whether you plan on buying or selling real estate, home search criteria, information about financing for the purchase of real estate, and other information related to the purchase or sale of real estate.
- Devices and Software. We may collect information about the device and software you use to access the Service, including, for example, hardware, operating system, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, and network information.
- Log Information. When you interact with the Service, we collect server logs, which may include Personal Information including device IP address, access times, app features accessed, pages viewed, app crashes and other system activity, type of browser, and referral link information.
- Location. If you permit the Service to access location services used by your device, we may collect the location of your device while you are using the Service.
- Communication Information. Personal Information sent by you to us through email or other communications methods, including messaging functionalities of the Service.
To learn more about your ability to control the collection of the information above regarding your preferences, usage activity, device, software, log and location information through tracking and similar technologies, please see the sections on “Cookies” and “What’s the Policy on Third Party Analytics and Advertising Services“ below.
Other Personal Information
We may also receive Personal Information from other sources, including:
- Social Media. If you choose to link, create, or log in to your Service account with a social media service (e.g., Twitter, Facebook, Instagram, etc.), or if you engage with a separate app or website that communicates with the Service, we may receive Personal Information about you or your connections from that service. In many cases you can control what Personal Information you share with us through privacy settings available on those third party social media services.
- Third Parties. If you interact with us in a capacity outside of the Service, including on any other platform or in person, we may combine or associate that information with Personal Information we have collected from you through the Service, as well as with pre-existing Personal Information or Personal Information we have collected from third party offline or online sources.
- Pre-Populated Personal Information Pre-populated Personal Information is information that may include your name and email address, that you have given to one of our independent real estate professionals with whom you have a pre-existing relationship. The professional may collect such pre-populated Personal Information from you with the sole purpose of pre-populating an account for the Service on your behalf and with your consent. You may choose not to finalize the creation of an account and may opt-out of all future communications from us by following the instructions in the account creation notification or by contacting us at the email address at the bottom of this page.
HOW IS PERSONAL INFORMATION USED?
We may use the Personal Information collected as described above as follows:
- Provide the Service. Provide, maintain, and improve the Service, including, for example, to send or facilitate communications among you, independent real estate professionals and their affiliated entities, and other users of the Service, provide products and services you request (and send related information), develop new features, provide customer support, and send updates and administrative messages.
- Analysis. Perform internal operations, including, for example, to troubleshoot bugs and operational issues, improve security; conduct data analysis, testing, and research; and monitor and analyze usage and activity.
- Communicate. Inform you about other services and products that may be available through us, our family of companies, other franchisees and/or companies with which we have a marketing relationship, and to provide you a customer survey to assess your satisfaction with our services and products.
- Personalize. Personalize and improve the Service, including to provide or recommend features, content, social connections, referrals, and advertisements.
LOCATION OF SERVERS AND TRANSFER OF INFORMATION TO THE UNITED STATES
The Service is hosted on servers located in the United States. Note that some countries may not provide the same level of data protection as your home country. If you are located, for example, in European Economic Area or Switzerland (collectively, “Europe”), your Personal Information will be transferred to the United States and possibly to other jurisdictions (e.g., to the location of a property for which you have requested information), which may not provide the same level of protection under your local data protection laws. In such cases, we rely on suitable Personal Information transfer safeguards approved by governing authorities. You may have the right to request a copy or information about those safeguards by contacting us as detailed below.
HOW IS INFORMATION SHARED?
We may share the Personal Information we collect about you as described in this Policy or as otherwise described at the time of collection or sharing, including as follows:
Through the Service.
We may share your Personal Information:
- With independent real estate professionals and owners and operators of other real estate brokerage companies to enable them to provide services you request through the Service.
- With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us.
- With the public if you submit to a public part of the Service, such as comments, social media posts, or other features viewable by the public or generally by registered users of the Service.
- With third parties with whom you choose to let us share information, for example other apps or websites that integrate with the Service, or those with a Service with which we integrate.
Through other means of Sharing.
We may share your Personal Information:
- With our affiliates.
- With third party or affiliate service providers that provide services or conduct data processing on our behalf, or for data centralization and/or logistics purposes.
- To enable our advertisers to provide you with more personalized content and track the effectiveness of campaigns.
- With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf.
- In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process.
- In connection with the potential merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
- In an aggregated, de-identified, or anonymous form which cannot reasonably be used to identify you.
LEGAL GROUNDS FOR THE COLLECTION, USE, SHARING, AND OTHER PROCESSING OF PERSONAL INFORMATION
Certain jurisdictions, including those in Europe, require the identification of the legal grounds for the collection, use, sharing, and other processing of Personal Information. We rely on the following legal grounds for the collection, use, sharing, and other processing of Personal Information as described in this Policy:
- Necessary to provide information or otherwise carry out the performance of a contract with you as an individual;
- Our legitimate interests, including:
- Performance of contracts with franchisees, if applicable;
- Performance of contracts with you or your agent;
- Implementation and operation of a group-wide matrix structure and group-wide information sharing;
- Customer relationship management, including other forms of marketing and analytics;
- Fraud prevention, misuse of company IT systems, or money laundering;
- Physical, IT, and network perimeter security;
- Internal investigations; and
- Intended mergers and acquisitions.
- Compliance with legal obligations and/or defense against legal claims, including those in the area of labor and employment law, social security, and data protection, tax, and corporate compliance laws.
- Protection of the vital interests of any individual;
- Performance of a task carried out in the public interest or in the exercise of official authority vested in us; and
- Consent, as permitted by applicable law.
HOW DOES SOCIAL SHARING APPLY?
The Service may integrate with social sharing features and other related tools which let you log in to the Service or share actions you take on the Service. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them. We do not receive or store passwords to your third party social media accounts in this context.
We use technical, administrative, and physical controls in place to protect your Personal Information from unauthorized access, use, and disclosure. For example, we provide the option to encrypt information you submit to us using Secure Sockets Layer technology that helps protect information during transport to our website. We periodically review our security measures to evaluate industry best practices and update accordingly. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.
We will retain your Personal Information only for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required for our legitimate business purposes or permitted by a law that applies to us.
WHAT’S THE POLICY ON THIRD PARTY ANALYTICS AND ADVERTISING SERVICES?
We use Google Analytics to collect information about use of the Service. More information on Google Analytics – including how you can control the information sent to Google – can be found here: www.google.com/policies/privacy/partners/.
You may also choose to control some of the advertisements you receive on the Service by visiting http://www.networkadvertising.org/managing/opt_out.asp.
What are cookies?
Cookies are small data files stored in your device memory when you visit a website. Cookies and similar technologies are widely used by websites to make them work more efficiently, as well as to provide information to the website operator about how users are using their website.
Essential cookies are essential, as they enable you to move around the Service and use its features. Without these cookies we could not, for example, authenticate your login or remember that you are logged-in as you move through the Service.
Functionality cookies allow us to remember choices you make (such as the region you’re in) and tailor the Service to provide enhanced features and content for you. For instance, they can be used to remember your login details or remember your nickname when you next login. They may also be used to provide services you’ve requested, for example leaving a comment on the Service.
Analytics & performances cookies collect information about how the Service is used, for example which pages users visit most often and if any error messages are displayed on certain pages. Information collected using these cookies is used to monitor activity on the Service and understand how it is being used.
How to change your cookie settings.
Most devices allow you to block cookies by adjusting the settings on your browser. However, if you use your browser settings to block cookies (including essential cookies, such as those allowing you to log-in) you may not be able to access all or parts of our the Service.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please refer to your browser ‘help’ section, or visit www.aboutcookies.org or www.allaboutcookies.org.
Cookies that have been set in the past.
If you have disabled one or more cookies, we may still use information collected from cookies before your disabled preference was set. However, we will stop using the disabled cookie to collect any further information.
Controlling website tracking tools.
Your browser may give you the ability to control cookies. How you do so, however, depends on your browser and the type of cookie. Certain browsers can be set to reject all browser cookies. If you configure your computer to block all cookies, you may disrupt certain web page features, and limit the functionality we can provide when you visit or use the Service. (e.g., we will not be able to provide you with searches that you have asked us to save). You can change your cookie settings at any time. Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These browser features are still not uniform, so we are not currently set up to respond to those signals.
YOUR RIGHTS AND CHOICES
You are not required to provide all Personal Information identified in this Privacy Statement to use the Service, but certain aspects of the Service will not be available to you. However, you can use our services without consenting to non-essential cookies or direct marketing emails; the only consequence is that our products and services will be less communicated, we may not be able to provide the support you seek, and you may miss out on attractive promotions and news about our products and services. Note that in certain cases, your Personal Information will be necessary for us, or an affiliated third party, to comply with legal obligations, or enter into and perform a contract with you.
If you reside in Europe, local data protection law may afford you the right to: obtain confirmation of the existence of certain information relating to you, to verify its content, origin, and accuracy, as well as the right to access, review, obtain a copy, port, delete, or to block or withdraw consent to the processing of certain information (without affecting the lawfulness of processing based on consent before its withdrawal), by contacting us as detailed below. You may also have the right to file a complaint with an applicable supervisory authority regarding our processing of your Personal Information.
You can deactivate your account at any time by contacting us at the email address at the bottom of this page. However, you will not be able to access many of the services to deactivate your account. Please note that even if you request deactivation of your account, it may take some time to fulfill this request.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about services you have requested, and our ongoing business relationship.
Cookies and similar technologies.
Please review your browser or device settings for certain cookies and see above to exercise certain choices regarding cookies.
Non-US Privacy Rights
Europe and certain other non-US jurisdictions maintain local data protection regulations that confer certain data protection rights on individuals. We will address those rights where required by applicable laws. Note that if you are a franchisee or an employee of a franchisee, and we obtain access or otherwise process your Personal Information in that context, you should contact your employer/franchisee which will be in the best position to respond to your inquiry. If applicable, and you wish to exercise any of these rights, please contact us as set out below.
- Right of access: You have the right to obtain from us confirmation as to whether Personal Information concerning you is processed, and, to request access to the Personal Information. The access information includes, among other things, the purposes of the processing, the categories of Personal Information concerned, and the recipients or categories of recipient to whom the Personal Information have been or will be disclosed. This is not, however, an absolute right, and the interests of other individuals may restrict your right of access. You may have the right to obtain a copy of their Personal Information undergoing processing.
- Right to rectification: You have the right to obtain from us the rectification of inaccurate Personal Information about you. Depending on the purposes of the processing, you may have the right to have incomplete Personal Information completed, including by means of providing a supplementary statement.
- Right to erasure (right to be forgotten): Under certain circumstances, you have the right to obtain from us the erasure of Personal Information concerning you, and we may be obligated to erase that Personal Information.
- Right to restriction of processing: Under certain circumstances, you have the right to obtain from us restriction of processing your Personal Information. In that case, your data will be marked and may only be processed by us for certain limited purposes. As we process and use your Personal Information primarily for purposes of carrying out the contract for a services relationship with your employer, we will have a legitimate interest for the processing which will override your restriction request, unless the restriction request relates to marketing activities.
- Right to data portability: Under certain circumstances, you have the right to receive the Personal Information about you, which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that data to another entity without hindrance from us.
- Right to object: Under certain circumstances, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your Personal Information by us, and we can be required to no longer process your Personal Information.
Where permitted by applicable law, you also have the right to lodge a complaint with a competent data protection supervisory authority.
WHAT ARE CALIFORNIA PRIVACY RIGHTS?
California residents may request from businesses with whom they have an established business relationship (1) a list of categories of Personal Information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes and (2) the names and addresses of all such third parties. To request the above information please contact us by writing to us under the “Contact Us” section below. We will respond to such requests within 30 days of receipt.
We may change this Policy, and will provide notice of changes through the Service or by email. Your continued use of the Service after notice constitutes your consent to the change.
The Service is not intended or directed to children under the age of 16, and we do not knowingly collect any Personal Information, or knowingly track the use of our Service, from children. If we have actual knowledge that Personal Information about a child under 16 years old has been collected, then we will take appropriate steps to try and delete such Personal Information.
THIRD PARTY WEBSITES
CHANGES TO THIS POLICY; LANGUAGE
We may amend this Policy at any time. If we make any material change in how we collect, use, disclose, or otherwise process Personal Information, we will prominently post a notice regarding such change on the Service. Any material changes to this Policy will be effective 10 days after our posting of the updated Policy or as otherwise required by applicable law. Where required to do so by law, we may seek your prior consent to any material changes we make to this Policy. This Policy is provided in English only to avoid any misinterpretations caused by translation. If necessary, please seek appropriate advice before proceeding or do not use the Service.
Last updated: May 6, 2020
We fully support the principles of the Fair Housing Act and the Equal Opportunity Act.
1. These Terms
This is a legally binding agreement. The terms “you” and “your” refer to an individual registering with or accessing the Service. You represent that you have the full right, power, and authority to enter into and perform these Terms without the consent of any third party.
We may, in our sole discretion, amend these Terms from time to time upon notice. Your continued use of the Service after any such change constitutes your acceptance of the amended Agreement. If you do not agree to any portion of these Terms at any time, you must cease your access and use of the Service.
2. Use of the Service
. You may register, maintain, and create an Account for the Service. You are responsible and liable for all activities conducted in connection with your Account, and the accuracy of all information relating thereto, including contact, technical and payment information, and your login credentials. You will promptly (i) update any Account information when it changes, and (ii) notify us of any unauthorized use of your Account, including any security or data breach. You may only connect to the Service through your Account and in accordance with our access procedures. You will not allow an Account to be shared or used by more than one individual. By providing us with your email address you consent to us sending you Service-related notices. You must be eighteen (18) years of age or older to use the Service.
B. Service Rules
- (i) use the Service in violation of any third party license or agreement;
- (ii) use the Service to collect, process, or store bank account information, credit or debit card information, personally identifiable information pertaining to children under 13, or health or medical information (including ‘Protected Health Information’ as defined in the Health Insurance Portability and Accountability Act of 1996);
- (iii) sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Service;
- (iv) use, modify, copy, or create derivative works from the Service or Marks without the applicable owner’s written permission, including without limitation using automated or manual means to access copy content from the Service;
- (v) frame, mirror, embed or otherwise incorporate any portion of the Service in any other service or product;
- (vi) reverse engineer, decompile, or disassemble any part of the Service, or use or access any part of the Service in connection with any other product or service using features, functions or graphics similar to any part of the Service;
- (vii) remove, obscure, or alter any Intellectual Property Rights notice related to any part of the Service or Marks;
- (viii) send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful Content;
- (ix) facilitate the transmission or use of any: (a) malicious code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with or access any of portion of the Service;
- (x) interfere with, disrupt, or overburdern the integrity or performance of the Service, or interfere with any other use of the Service;
- (xi) attempt or assist others to attempt to gain unauthorized access to the Service or its related systems or networks; or
- (xii) use the Service in any way not expressly authorized by these Terms.
C. Service Changes; Suspension
. We may, without prior notice, change the Service, stop or suspend access to any or all of the Service, or create usage limits for the Service. Your continued use of the Service after any change or limitation constitutes your acceptance thereof.
D. Monitoring; Records
. We have the right, but not the obligation, to review and monitor your use of the Service at any time, with or without notice, including Communications, to ensure compliance with these Terms.
E. User Content and Behavior
. Because we do not control Content, you acknowledge and agree that we are not responsible for any Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Your interactions with Users are solely between you and such Users and we are not responsible or liable with respect to any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved. We reserve the right to change, condense or delete any content, information, or other materials on the Service (including your Content).
F. Service Content
. We may provide a variety of features on the Service, including User Ratings, Agent profiles, and comments on properties for sale. We, the Affiliate Entities, our service providers, and our other licensors are merely providing you, Users and Agents a forum to exchange information, and such parties no way endorse, guarantee, or are responsible, and will not be held liable, for the accuracy or reliability of any content posted on the Service by a Client, User, or any Agent. Content and opinions posted on the Service by a you, a User, or an Agent belong to those respective author(s) and not us or any Affiliated Entity. Any use or reliance on any content and opinions posted on the Service or obtained by you through the Service is at your own risk.
G. Your Representations
. You represent and warrant that you:
(i) are entitled to grant the rights and licenses to your Content under these Terms and none of your Content will infringe any party’s Intellectual Property Rights or violate Applicable Law;
(ii) will use the Service for internal purposes only and will not sell, license, or transfer to any party any information obtained through the Service or engage in any other commercial exploitation of the Service;
(iii) have the right and authority to enter into these Terms, and that by entering into or executing your obligations under these Terms, you will not be in breach or violation of the terms of any agreement with or obligation to any third party
(iv) are a prospective purchaser or seller of real property in the geographic areas where we are licensed and operating with a bona fide interest in the purchase or sale of such real property;
(v) have not signed any agreement with a real estate broker or agent that would prevent you from using one of our franchisees as your sole and exclusive broker or agent, and you do not have a contract or agreement with any third party that would interfere with our representation of you;
(vi) will limit your search on the Service to properties within your anticipated purchase ability or price range and to the properties that meet your other criteria;
(vii) will not (a) contact the owner or seller of any property from information gained through the Service or (b) attempt to enter the property or speak with an owner or seller without an appointment set by us;
(viii) will abide by all copyright restrictions placed on the content of the Website including, but not limited to, any material or data compilations where we or others may hold the copyright;
(ix) agree that we may also represent other prospective buyers seeking to purchase properties that may meet your criteria;
(x) authorize us to review and provide copies of various documents in any of your transactions relating to the Service, including without limitation home inspection reports and closing papers;
(xi) agree to comply with the User Ratings Guidelines when utilizing the User Ratings;
(xii) with respect to any User Rating, consent to us posting your first name and first initial of your last name and real-property information such as price of property, property type (e.g., single family, condo, townhouse), type of transaction (e.g., conventional, short sale, foreclosure), and/or the city in which the property is located pertaining to such User Rating; and
(xiii) acknowledge and agree that neither we nor any Affiliated Entity endorse any User Review or other Content hosted on or transmitted through the Service.
H. Agent Users
. Any User that holds any type of real-estate license, including, but not limited to a brokers, associate brokers or salespersons license other Agents must immediately advise us by before that User may access any password protected material including, without limitation, house listing data or other data compilations. We reserve the right to deny or terminate access to any real-estate agent who is not an Agent, except for the real-estate agent’s limited purpose of accessing the Website for verifying compliance with MLS rules.
I. Property Data Restrictions
. In addition to other restrictions herein, for the avoidance of doubt, all property data provided on the Service is for your personal, sole and private, non-commercial use and not available for redistribution, retransmission or copying. You may not sell or use such data for any purpose, other than the purpose of attempting to evaluate properties or properties for sale or purchase. You acknowledge that the MLS data on the Service is owned by the respective MLS, and you acknowledge the validity of the MLS’s copyright to such data.
A. License to You
. Subject to these Terms, we grant you a non-exclusive, non-sublicenseable, nontransferable, limited right, solely during the term of the Agreement, to access and use the Service solely for your non-commercial purposes related to searching for real estate for personal use.
B. License to Us
. You grant to the us a non-exclusive, sublicensable, transferable, perpetual, irrevocable, royalty-free, worldwide license to use, develop, transmit, distribute, modify, reproduce, publically display, and create derivative works of any of your Content to provide, develop, maintain, support, and improve the Service and the Affiliated Entities’ services.
4. Ownership Rights
A. Our Ownership Rights
. As between you and us, (i) we solely and exclusively own and will continue to own all right, title and interest in and to the Service and Marks; (ii) you will do nothing inconsistent with such ownership, including by challenging title or registering or attempting to register Marks or any similar trademarks; (iii) no title to or ownership in the Service or Marks, or any associated Intellectual Property Rights embodied therein, is transferred by implication to you under these Terms; and (iv) any use of Marks by you that is permitted under these Terms will inure to the benefit of and be on behalf of the applicable owner. You will promptly notify us of any use of the Service or Marks by any party that is not authorized by these Terms. If you provide us or any affiliate with Feedback, you assign to such entity all right, title and interest in and to such Feedback, including all Intellectual Property Rights therein, waiving all claims thereto, including claims of payment and credit.
B. Your Ownership Rights
. As between you and us, and subject to Sections 3(B) and 4(A) above, you own all right, title and interest in and to your Content.
We do not provide compliance services. You agree that the Service is provided for your convenience only, and not for purposes of enabling you to meet your obligations under Applicable Law and third party agreements. You are solely responsible for ensuring compliance with such obligations.
If any amounts are due hereunder, you will pay us in accordance with statements issued by us or otherwise as agreed within the Service. Pricing for any portion of the Service is subject to change upon our notice. Pricing excludes, and you will pay, all taxes, but neither party will pay income taxes of the other party. For any amount you fail to pay by its due date, we may charge you a late penalty on the amount overdue each day it is overdue until it is paid, equal to the lesser of (a) the maximum legally permissible interest rate, and (b) an interest rate of five percent (5%), which reflects the cost of our efforts to collect your payment. You will pay amounts through the means determined by us, including without limitation through a payment service provided by us or a PSP. If a PSP is used, you may also be required to register with the PSP, agree to the PSP’s terms of service and privacy policies, and go through a vetting process at the request of the PSP. Please note we are not a party to the PSP’s terms of service and privacy policies and we have no obligations or liability to you under any such terms or policies.
8. NO WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. USE OF THE SERVICE HEREUNDER IS AT YOUR SOLE RISK. THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO AFFILIATED ENTITY, INCLUDING US, AND EACH OF THEIR LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANY PORTION OF THE SERVICE, CONTENT THEREIN (INCLUDING WITHOUT LIMITATION ZAPSCORE AND SIMILAR FEATURES) OR MLS FEED IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR COMPLY WITH LAWS APPLICABLE TO YOU; THAT ANY PORTION OF THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, BACKED UP, SECURE, OR FREE FROM BREACH OR INTERCEPTION OF DATA OR YOUR CONFIDENTIAL INFORMATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AT YOUR OWN RISK. NEITHER US NOR ANY AFFILIATED ENTITY WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, LINK OR ADVERTISEMENT OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR SERVICE, AND NEITHER US NOR ANY AFFILIATED ENTITY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTY.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL ANY AFFILIATED ENTITY, INCLUDING US, OR ANY OF THEIR EMPLOYEES, LICENSORS, CONSULTANTS, CONTRACTORS, OR DIRECTORS, BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, ERRORS, OMISSIONS, MISCALCULATIONS, MISREPRESENTATIONS OF VALUE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL , EXEMPLARY, OR OTHER DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY AFFILIATED ENTITY, INCLUDING US, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION ON LIABILITY DOES NOT APPLY TO PERSONAL INJURY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You will indemnify, defend and hold us, including any Affiliated Entity, including us, harmless from and against any and all Claims to the extent arising out of or in connection with your(i) breach of these Terms; (ii) conduct involving fraud, negligence, omissions, or willful misconduct; and (iii) misuse of the Content or any other misuse of the Service.
11. Third Parties
Recipient may use Disclosing Party’s Confidential Information solely to perform Recipient’s obligations or exercise its rights hereunder. Recipient will not knowingly disclose, or permit to be disclosed, Disclosing Party’s Confidential Information to any third party without Disclosing Party’s prior written consent, except that Recipient may disclose Disclosing Party’s Confidential Information solely to Recipient’s employees and/or subcontractors who have a need to know and who are bound in writing to keep such information confidential pursuant to confidentiality agreements containing nondisclosure obligations substantially similar to those in these Terms. Recipient agrees to exercise due care in protecting Disclosing Party’s Confidential Information from unauthorized use and disclosure, and in any case will not use less than industry standard security measures and the degree of care a reasonable person would use. The foregoing will not apply to any information that: (i) is in the public domain through no fault of Recipient; (ii) was properly known to Recipient, without restriction, prior to disclosure by Disclosing Party; (iii) was properly disclosed to Recipient, without restriction, by another person with the legal authority to do so; (iv) Recipient independently develops without use of Disclosing Party’s Confidential Information; (v) is expressly permitted to be disclosed pursuant to the terms of these Terms; or (vi) is required to be disclosed pursuant to a judicial or legislative order or proceeding; provided that, where possible, Recipient provides to Disclosing Party prior notice of the intended disclosure and an opportunity to respond or object thereto. Our Confidential Information includes these Terms, our pricing, our Intellectual Property Rights, and the Service. Notwithstanding the foregoing, our obligations under this section are subject to the disclaimers set forth in Section 8 above.
14. Third Party Beneficiary
You expressly acknowledge and agree that Brand has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof, and that Brand will have the full benefits of these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties and as otherwise expressly stated herein.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
A. Nature of Relationship
. The relationship of the parties under these Terms will be that of independent contractors. Neither these Terms as a whole or any part of these Terms will render either party the agent, representative, servant, or employee of the other party. Neither party has the power, express or implied, to bind the other party in any manner or to make representations on behalf of the other party regarding any matter. Except as stated in the Agreement, we will in no way be restricted from using or commercializing all or any portion of the Service or performing or receiving any services from any third party including services the same as or similar to Service provided or received in connection with these Terms.
B. AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE:
You and all Affiliated Entities agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, any Affiliated Entities may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
To initiate arbitration, you or we must do the following things:
- (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- (2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
- (3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In addition, for claims of less than $1,000, we will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law . The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Affiliated Entities in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, BOTH PARTIES HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction in the United States District Court for the District of New Jersey or in state court in Morris County, New Jersey.
. All notices and other communications to be given to any party hereunder will be sufficient for all purposes hereunder if in writing, properly addressed as set forth below in this section and delivered (a) by hand or courier (delivery of notice deemed to occur upon delivery), (b) if sent electronically on the date delivered to the authorized email address, (c) by overnight delivery service (delivery of notice deemed to occur upon delivery and written confirmation thereof by such service), (d) by certified or registered mail, return receipt requested, with appropriate postage prepaid (delivery of notice deemed to occur upon signature of the receipt by the recipient), or (e) if from us to you, posted to your Account on the date posted. If to us, notices may be sent to email@example.com. If to you, your email and mailing address as identified in our records.
D. Headings; Interpretation
. Section headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. As used herein, “including” means “including without limitation.”
The provisions of the Terms and Conditions are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the Terms and Conditions is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
A waiver of any provision of these Terms must be made in writing to be effective, and our waiver of a breach of any provision or right contained in these Terms will not constitute a continuing waiver or waive any subsequent breach or right.
G. Force Majeure
. Except with respect to your payment obligations, neither party will be liable for failures or delays in the performance of its obligations hereunder due to causes beyond its reasonable control, including, in respect of the provision of the Service, failures or delays caused by our service providers, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage or power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labor disturbance, or any act or omission of government or other competent authorities.
H. Entire Agreement
. These Terms, and documents incorporated herein, comprises the entire agreement between us and you and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding its subject matter.
. Sections 1, 2(E), 2(F), 2(G), 2(I), 3(B), 4-17 will survive any termination or expiration of these Terms.
- • “Account” means the account provided by us that you to manage and access the Service. Back to text
- • “Affiliated Entities” means, collectively, us, Brand and our and Brand’s parent, subsidiaries, affiliates, and, where applicable, our and their service providers and licensors. Back to text
- • “Agent” means a real estate-broker, salesperson, agent, associate broker, or similar state licensed real-estate professional licensed with one of our franchisees. Back to text
- • “App” means a mobile application that may be provided as part of the Service. Back to text
- • “Applicable Law” means any statute, law, ordinance, rule, regulation, or requirement of a governmental entity that applies to a party or its business. Back to text
- • “Claim” means, collectively, claims, costs, damages, losses, liabilities, Fines, and expenses (including reasonable attorneys’ fees and costs). Back to text
- • “Communications” means parts of the Service that includes electronic communications services, and document storage and management services, all as provided by us (or, at your selection, by a third party through a Third Party Product) for your use. Back to text
- • “Confidential Information” means any information that (i) a party (“Disclosing Party”) discloses to the other party (“Recipient”), either directly or indirectly, in writing or orally or by inspection of tangible objects, and (ii) identified as confidential at the time of its disclosure or that should reasonably be understood to be confidential in nature. Back to text
- • “Content” means any content, data or information provided by a party for inclusion in the Service or uploaded to, transmitted or submitted by a party through the Service, including Communications. Back to text
- • “Documentation” means the technical and operational documentation made available to you by us regarding any portion of the Service. Back to text
- • “Feedback” means ideas, suggestions, or recommendations on the Service provided by you. Back to text
- • “Fine” means any and all fines, penalties, refunds, charges, debits, deductions, legal fees and costs incurred by or other sums payable to any party. Back to text
- • “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction. Back to text
- • “Marks” means an Affiliated Entity’s proprietary trademarks, trade names, and service marks, including registrations and applications for registrations thereof and all renewals, modifications and extensions thereof. Back to text
- • “MLS Feed” means a local listing service (“MLS”) feed(s) provided through the Service. Back to text
- • “PSP” means a third party payment service provider selected by us. Back to text
- • “Service” means our hosted service (including Websites and Apps), software, Documentation, and any services made available to you by us hereunder, all as may be modified by us from time to time in our discretion. Back to text
- • “Third Party Products” means the third party applications and/or services, if any, which may be offered, made available or integrated by us to you for use as part of, or in connection with the Service. Back to text
- • “User” means other users of the Service. Back to text
- • “User Ratings” means a feature on the Service where you can rate and review various matters, including Agents. Back to text
- • “User Ratings Guidelines” means the rules, together with these Terms, that governs the use of User Ratings. Back to text
- • “We,” “our,” and “us” means us and Brand. Back to text
- • “Website” means a website that may be provided by us as part of the Service. Back to text
- • “You” and “your” means the individual entering into these Terms with us. Back to text
Fair Housing: It’s not just a nice thing to talk about, it’s the law!
Laws That Protect You
Federal and state fair housing laws were put into effect to create an even playing field for homebuyers in all areas of a real estate transaction. These laws prohibit discrimination based on race, color, religion, sex, disability, familial status, and national origin.
Civil Rights Act of 1866
The federal Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.
Civil Rights Act of 1968 and 1988 Amendment
In leasing or selling residential property, the Civil Rights Act of 1968 expands the definition of discrimination to include not only race, but also national origin, color, and religion. The Fair Housing Amendments Act of 1988 further broadens the definition to include age, sex, and handicapped status.
Fair Housing Act
The federal Fair Housing Act of 1988 and Title VIII of the Civil Rights Act of 1968 constitute the Fair Housing Act. The Act makes fair housing a national policy throughout the U.S. It prohibits discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable because of race, color, religion, sex, disability, familial status or national origin.
Americans with Disabilities Act
Title III of the federal Americans with Disabilities Act prohibits discrimination against persons with disabilities in commercial facilities and places of public accommodation.
Equal Credit Opportunity Act
The federal Equal Credit Opportunity Act makes it unlawful to discriminate against anyone on a credit application due to race, color, religion, national origin, sex, marital status, age or because all or part of an applicant’s income comes from any public assistance program.
Know Your Rights and Responsibilities
Homesellers, prospective homebuyers, real estate agents, mortgage brokers and loan officers all have rights and responsibilities under the law.
As a home seller or landlord, you are obligated not to discriminate in the sale, rental or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin. Also, you cannot do so through your licensed broker or salesperson, who is also bound by anti-discrimination laws. You may not set any discriminatory terms or conditions in a purchase contract or a lease. Additionally, you may not deny that housing is available or advertise a property’s availability only to persons of a certain race, color, religion, sex, disability, familial status or national origin.
Real Estate Professionals’ Responsibilities
Real Estate agents, mortgage brokers and loan officers in a real estate transaction may not discriminate on the basis of race, color, religion, sex, disability, familial status or national origin. Equally as important, they may not follow such instructions from a homeseller or landlord.
What To Do if You Feel the Law Has Been Violated
Discrimination complaints about housing may be filed with the nearest office of the U.S. Dept. of Housing and Urban Development (HUD) or by calling HUD’s telephone numbers, (202)708-1112 (Voice) or (202)708-1455 (TTY). Or contact HUD on the Internet at http://www.hud.gov/fhe/fheo.html.
If you need assistance accessing – or have any other concerns about the accessibility of – our websites and mobile applications, please contact one of our representatives at firstname.lastname@example.org and we will work with you to provide the information you need. For those who are deaf or hard of hearing, or who do not use voice channels to communicate, please contact us via email or via 711 or other relay services.
Goal of Accessibility for All
We desire to provide a positive experience to all stakeholders, and we aim to promote accessibility and inclusion. Our goal is to enable our users to successfully gather information through our websites and mobile applications.
Whether you are using assistive technologies like a screen reader, a magnifier, voice recognition software, or captions for videos, our goal is to make your use of our technology a successful and enjoyable experience.
We are actively taking a variety of steps and devoting resources to further enhance the accessibility of our websites, mobile applications, and other technology platforms, including using the W3C WAI Web Content Accessibility Guidelines (WCAG) 2.0 Level AA success criteria.
Although we are proud of the efforts that we have completed and that are in-progress, we view accessibility as an ongoing effort.
Please contact us at email@example.com or 877-947-3313 if you have any feedback or suggestions as to how we could improve the accessibility of our websites, mobile applications, and other technology platforms.