1 ACCEPTANCE OF TERMS
1.1 Your access to and use of the current domain shown in your browser’s URL bar (“the Website”) and all Services referred to in Section 2, is subject exclusively to these Terms and Conditions. You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
“Services” consist of the Website and any functions provided by, through, or in conjunction with the Website, including but not limited to real estate partnering services, agent communication services, email, telephone messages, and text messages. Unless stated otherwise, the Services are for your personal and non-commercial use only.
The Services are not for use by users under the age of 13. By registering for the Services, you warrant to us that you are over the age of 13, and that you shall not allow persons under the age of 13 to use or access the Services.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY. DO NOT USE THE WEBSITE OR REGISTER FOR THE SERVICES IF YOU DO NOT WISH TO COMPLY.
By either filling out our contact form or registering a user account in order to use the Services, you give us express written consent to contact you by phone, e-mail, or text messages. You consent that data and messaging rates may apply, related to text messages you receive. YOU EXPRESSLY AGREE THAT WE MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE “DO NOT CALL” REGISTRY. You have the right to withdraw your consent and may opt-out of receiving phone calls by contacting us in any of the methods listed in the “Contact” section of the Website. In addition, you may opt-out of e-mails by clicking the “unsubscribe” link in any e-mail we send to you, and opt-out of text messages by replying to text messages you receive from us with a request to STOP. If you opt-out and then re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable.
4 USER ACCOUNT, PASSWORD AND SECURITY
In order to use the full functionality of the Services, you may be required to create a user account. If so, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your user account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s user account at any time without the express permission of the account holder.
5 ACCEPTABLE USE
5.2 With regard to the use of the Services, including any and all Content that you upload, send, post, e-mail, or otherwise transmit while using the Services, you represent that (i) you are the true owner of or have and will have at all times sufficient rights, without limitation, to upload the Content, (ii) the Content does not and will not violate (a) the copyrights, patents, trade secrets, trademarks, service marks or other intellectual property rights, (b) other property rights, (c) privacy rights or (d) any other proprietary rights of any other person, business, or entity, and (iii) transmission of the content does not and will not violate any laws or breach any licenses or other agreements to which you are a party. Except as specifically permitted by law, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials.
You acknowledge that all Content, whether posted publicly or transmitted privately over, by, or in connection with the Services are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is inaccurate, offensive or indecent. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of or reliance on any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
5.3 In using the Services you agree not to:
5.3.1 post, publish, distribute or disseminate material or information that is tortious, libelous, defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.3.2 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.3.3 make available or upload files that contain a virus, worm, trojan, corrupt data, or other code that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the operation of the Services or with any computer or property of another;
5.3.4 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages; or
5.3.5 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).
5.4 We shall be entitled, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
5.5 You may not use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party’s) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
Unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or the harvesting of e-mail addresses;
Use any forged, false or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employ techniques to hide, obscure or counterfeit the source of e-mail or other posting;
Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; except in the case of authorized legitimate network security operations, distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools; or programs that may damage the operation of another’s network, system, computer or other property.
We reserve the right to immediately and without notice suspend or terminate your account or any of the Service if we reasonably believe that you have violated these Terms and Conditions. We have no obligation to provide you with notice of an alleged violation. . We may at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Services.
7 LINKS TO THIRD PARTY WEBSITES
8 ACCOUNT INFORMATION
Great Agent Members may give us permission to access their information in other services. For example, with your consent, you may link your Great Agent account with your Google account, or other similar service, which allows us to obtain information from those accounts (like your basic profile or contacts). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.
9 INFORMATION YOU PROVIDE VOLUNTARILY
Appointment Information. When a Great Agent User comes to Great Agent to schedule an event with a Great Agent Member, you voluntarily give us certain information. This can include your name, email address and phone number; email addresses of other people; subject of the meeting; and any other information you provide us or as required by the Calendly Member you are scheduling with. If you receive an invitation from a Great Agent Member but do not wish to become a Great Agent User, please contact the Great Agent Member who sent the invitation through other means to set up your meeting.
A Great Agent Member may also connect their calendar with Great Agent. Our calendar integration only checks the duration and free/busy status of the events in your calendar so that we don’t book you when you’re busy. We never store who you’re meeting with, their email, the meeting title or any other details about the appointments in your connected calendar.
Service related communications. We may send you service and administrative emails to ensure the service is working properly. We will also email you regarding your calendar appointments. These messages are considered part of the service and you may not opt out of these messages.
10 COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
You acknowledge that (i) the export, import, and use of certain software, and technical data that may be provided as part of the Services are subject to domestic and foreign U.S. laws (including the U.S. Export Administration Act and the regulations implemented thereunder by the U.S. Department of Commerce, the U.S. Foreign Corrupt Practices Act (“FCPA”), and all foreign laws similar to the FCPA) (all such laws and regulations collectively referred to herein as “Export Laws”), as the same may be amended from time to time, (ii) the transmission of Content via the Services may be subject to all domestic and foreign privacy laws applicable to the provision of Services (including the Electronic Communications Privacy Act (together with the Stored Communications Act),the Federal Trade Commission Act, the U.S. Patriot Act, the Children’s Online Protection Act, state privacy laws (including the California Online Privacy Protection Act (“CalOPPA”)), state wiretap laws, and, together with all respective federal and state regulations implementing those laws, as the same may be amended from time to time (all such laws and regulations collectively referred to herein as “Privacy Laws”), and (iii) agree to strictly comply with all Privacy Laws and Export Laws applicable, directly or indirectly, to your operation or use of the Services or your transmission of Content thereby.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 The Services, the Website and content contained therein (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Services you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. We hereby grant you a limited, personal, and non-exclusive license to copy and/or print pages viewed through the Website or the Services for personal, non-commercial use only.
11.2 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
You agree to indemnify, defend and hold us harmless from and against (i) any and all Claims and Damages arising directly or indirectly (i) from any breach by you of these Terms and Conditions (ii) any Claim brought or threatened against us by any third party arising (a) out of your use of the Services or (b) by reason of or in connection with any Content submitted, posted or transmitted through the Services, howsoever such Claims or Damages are suffered or incurred by us as a result of (i) or (ii) following.
13 DISCLAIMERS AND LIMITATION OF LIABILITY
13.1 For purposes of Sections 10 and 11:
“Claim” shall mean any suit, claim, demand, cause of action, administrative, regulatory or judicial action, proceeding (including condemnation or appropriation proceedings), hearing, written notice, arbitration, investigation, request for information, litigation, charge or complaint.
“Damages” shall mean any and all injury, damage, liability, judgment, loss, penalty, interest, cost and expense, including reasonable attorneys’ fees and court costs incurred due to, as part of, or resulting from an asserted or threatened Claim.
13.2 Warranty disclaimers. use of the services is at your own risk. except as expressly provided in these terms of service, the services are provided “as is” and we make no warranty, express or limited, with respect to the services, including any and all warranties of title, merchantability, or fitness for a particular purpose or use, and all such warranties are hereby expressly disclaimed.
13.3 We are not liable for any damages whatsoever to the extent arising directly or indirectly from or in connection with lost or altered messages or transmissions or unauthorized access to or theft, alteration, loss, damage or destruction of your content, data, programs, information, network or systems, except to the extent that any of the foregoing is caused by our gross negligence or willful misconduct.
13.4 Notwithstanding any provision of this agreement to the contrary, we shall not be liable to you for any special, incidental, indirect, punitive, or consequential costs, liabilities or damages, whether foreseeable or not, including economic loss or lost business or profits, damages arising from the use or performance of the services, any interruption of service, or any delay, error or loss of data or information arising in any manner out of, or in connection with, this agreement and a party’s performance or nonperformance of its obligations under this agreement, regardless of the form of action, whether in contract or tort (including strict liability), all claims for which are hereby specifically waived. to the extent such disclaimer is permitted by law, we hereby disclaim liability for any of the foregoing costs, liabilities or damages caused by our gross negligence.
13.5 You acknowledge that the services are not guaranteed to be secure or free from tampering, viruses, or other security violations. accordingly, we hereby disclaim any and all liability or responsibility whatsoever for the security of the services, whether or not you have implemented encryption, firewall protection or any other internet security service or device. you agree that the transmission or use of content via the services is at your own risk.
13.6 Notwithstanding the foregoing, nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence.
If any of these Terms and Conditions should be held or determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be deemed separate, distinct and independent, and is to be deemed severed and ineffective to the extent of such holding or determination, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
15 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which we maintain our headquarters. Captions and headings are for reference purposes only and are not substantive provisions. Pronouns used herein include the singular and plural, and are to be deemed masculine, feminine, and neuter, as the context may require. The references to “Realtor” and similar references are to an individual, corporation, partnership, limited liability company, limited partnership, limited liability partnership, or other legal entity, as the case may be.
16 YOUR CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.) affords consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.
Great Agent does not sell your personal information.
Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose about you, (2) request deletion of your personal information, (3) opt out of any sales of your personal information, if we engage in that activity in the future, and (4) not be discriminated against for exercising these rights. You may make these requests by emailing us at firstname.lastname@example.org. We will verify a webform request by asking you to provide identifying information. We will not discriminate against you if you exercise your rights under the CCPA.
If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. This may include requiring you to verify your identity. If you are an authorized agent seeking to make a request, please contact us.
17 DELETE OR ACCESS YOUR PERSONAL DATA
We will honor any user’s request to access, correct, or delete Personal Data, to the extent required by applicable law, including the EU General Data Protection Regulation (GDPR). To request that we correct, delete, or export any Personal Data, please contact us via email at email@example.com.
Personal Data that we process shall not be kept for longer than is necessary for the relevant purpose. We may, however, retain Personal Data as required for legal compliance. .
18 Why Great Agent uses your information
18.1 Providing access to our services
We use your personal information to provide our services to you. This includes things like returning examples for a home search result or processing your application for a rental property. We also use your information to improve our existing applications and develop new features or improvements. For example, we track how you use our services and use that information to troubleshoot issues and adjust things to improve your User experience.
18.2 Creating personalized experience
We use the information we collect about you and your activity on our services to personalize the application for you. We also might use it to show things like advertisements, content, or features that we think might be useful to you. This includes things like personalized search results that match your preferences or/and prior search filters.
If we are aware that you’re working with a particular real estate agent, we may share information about your saved searches and saved properties with that agent in order to let them know updated information about your current preferences or needs.
18.3 Getting in touch with you for communication
We use your contact information that you provide us, like your email, phone number and address in order to communicate with you about our services. This includes things like responding to requests, questions or comments that you might send us. It also includes situations where we are notifying you about transactions or service updates. We may also inform you about our services, new offers, special promotions, news for a market area, and other updates we think may be of interest to you.
If you ask us to, we also use your information to connect you to real estate professional agents, for example when you want to contact an agent in order to discuss a home you found for sale on our platform.
18.4 Other uses of your information
We use your data to detect, investigate, and prevent fraudulent dealings and other illegal activities and to protect the rights and property of Great Agent and its customers.
There may be a reason we would like to use your information in a way that isn’t described here. If that happens, we will let you know so you can decide whether you’re comfortable with it or not.
18.5 Sharing your information
18.6 Information that you might want us to share
We share information when you ask us to share it. An example would be if you choose to contact a real estate agent, investor, mortgage lender, builder or a property manager through our platform, we will send them your name and contact information. Another example would be if you apply for rental housing through Great Agent, in that case your application information will be sent to the landlords you select.
18.7 Business partners and other service providers
When Great Agent hires a service provider to help run our business, we may need to give them access to your information to provide their service. We allow them to use the bits of information only to perform the service we have asked them to perform.
18.8 Legal transfers and compliance transfers
When a Great Agent needs to share data to satisfy a legal or regulatory requirement, including responding to a subpoena or other lawful governmental request for data, we will share information only as necessary to comply with that requirement.
We’ll tell you before sharing your information in these situations unless we’re prohibited from doing so. We may also share information if needed to enforce our legal rights, detect or prevent fraudulent actions or security concerns in order to protect public safety.
If Great Agent is involved in acquisition, merger or any form of transfer/sale of some (or all of its business), whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, we may share your information in connection with that transaction.
18.9 Public data and data that cannot be identified
We may share information that is collected from public sources that you choose to share publicly (such as public reviews) with third parties. We may also share aggregated or de-identified information that cannot reasonably be used to identify you.
18.10 Tracking of personal information
Great Agent allows certain companies to place tracking technologies like cookies on our sites, which allow those companies to receive information about your activity on Great Agent that is associated with your browser or your device. The companies may use that data to serve you more relevant ads on our sites or fix performance issues if such arise. Under some state laws, sharing data for online advertising like this may be considered a “sale” of information. Except for this kind of sharing, Great Agent doesn’t sell any of your information.