This privacy policy discloses the privacy practices for Listing Alert. This privacy policy applies solely to information collected by this application. It will notify you of the following:
If you create an account with Listing Alert, we will collect the following user information:
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will use your information to respond to you regarding the reason you contacted us. We will not sell, share, or rent this information to a third party outside of our organization.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
If you create an account with Listing Alert, we will collect the following homeowner information:
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will use your information to respond to you regarding the reason you contacted us. We will not sell, share, or rent this information to a third party outside of our organization.
You may opt-out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our website:
Information provided by users will be used by Listing Alert to:
Homeowner and listing information provided by users will be used by Listing Alert to:
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.
While we use encryption to protect sensitive information transmitted online, we also protect you information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
From time to time, we may use the “cookies” feature of major browsers and browser applications that allows us to store data on your computer about your visit to our Website. We may set any Personal Information in cookies, and may employ any data capture mechanisms on our website other than cookies. Cookies help us learn which areas of our site are useful and which areas need improvement, in addition to enhancing user experience. For a list of cookies we set, the information in those cookies, and our reason for using them, please reach out to our team. Some material displayed on our site may contain cookies set by third parties. We do not have access to or control over information collected by such third-parties on our Website, and thus such cookies are not subject to this Policy. You may be able to choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience on the Website may be diminished and some features may not work as they were intended (or at all).
Listing Alert may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Listing Alert will provide you additional notice, such as via email. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account.
Please feel free to contact Listing Alert if you have any questions about this Privacy Policy or Listing Alert's practices. You may contact us at the email address or phone number set forth on our website.
You, as the Broker/Agent, are responsible for complying with the rules of your Association of Realtors™, local ordinances, state, and federal law regarding procuring listings, advertisement, and presentation of offers.
USER AGREEMENT
PLEASE READ THIS AGREEMENT AND POLICY CAREFULLY BEFORE USING THE LISTING ALERT APP. BY USING THE LISTING ALERT APP, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND POLICY AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS. YOU FURTHER AGREE TO HAVE EACH OF YOUR PARTICIPANT REAL ESTATE SALES PERSONS OR BROKER ASSOCIATES ACKNOWLEDGE AND AGREE TO THE USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.
1. The Services:
Subject to the terms of this Agreement, LISTING ALERT grants to you a limited, personal, non-transferable, and non-exclusive right to use the LISTING ALERT APP Services (the “Services”) during the Term set forth herein and any renewal. Your use of the Services shall be strictly in accordance with this Agreement. You are responsible for (1) providing and maintaining all devices, computer equipment, software and telecommunications Services necessary to access the Services and (2) complying with the rules of your Association(s) of Realtors™ and local, state and federal law pertaining to your business, including, but not limited to, any law regarding procuring listings, advertisement/marketing and presentation of offers. Nothing in this Agreement grants or transfers to you any ownership rights in LISTING ALERT or the Services, including the software and other intellectual property rights related to the Services.
2. Payment:
For access to and use of the Services, you agree to pay the amounts set forth in the Pricing Plans with LISTING ALERT, which you have been provided by LISTING ALERT and which may change from time to time. Only payments made by debit card or credit card will be accepted. The Basic Subscription Fee will be charged whether you use the Services or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Services. Payments not paid when due shall be subject to late charges equal to the lesser of (1) one and one-half percent (1.5%) per month of the overdue amount or (2) the maximum amount permitted under applicable law. You agree to pay all attorney and collection fees arising from efforts to collect any past due amounts from you. All receipts for payment will be sent to the broker email you used to sign up for your account.
3. LISTING ALERT's Responsibilities
You agree to comply with our policies, as set forth herein, as may be amended from time to time, and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You are solely responsible for any content inputted, displayed, published or otherwise contained on your property profile, listing, promotion or entry. You agree to notify LISTING ALERT promptly if you suspect unauthorized use of your account. Until you notify LISTING ALERT, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify LISTING ALERT immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Services.
4. Term and Termination
The term (“Term”) of this Agreement shall commence upon your acceptance of this Agreement and shall continue on a month-to-month basis, unless earlier terminated as provided in this Agreement. You may terminate this Agreement upon LISTING ALERT’s failure to cure an ongoing, material breach of this Agreement within fifteen (15) days after giving LISTING ALERT written notice, via e-mail, of such material breach. You will also be able to terminate this Agreement at anytime through the broker dashboard. LISTING ALERT may at any time and without advance notice modify or restrict your use of the Services if LISTING ALERT determines, in its sole discretion, that your use of the Services: (1) violates the use policies set forth herein; (2) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (3) violates any intellectual property rights of LISTING ALERT or a third party; (4) violates any export or import regulations; (5) is disruptive or causes a malfunction of the Services; or (6) may expose LISTING ALERT to potential legal liability. If you do not correct the violation within ten (10) days thereafter, LISTING ALERT may terminate this Agreement. LISTING ALERT may suspend or in its sole option terminate the Services if you fail to timely pay any amounts required under this Agreement.
5. Rights and Duties Upon Terminations
Upon termination of this User Agreement, all rights to the Services terminate immediately. You remain liable for the full monthly charge for the month during which your Services is suspended or terminated and for any usage-based fees. If this User Agreement is terminated, you agree not to re-register for or otherwise access the Services without LISTING ALERT’s prior written approval. LISTING ALERT and/or its agent may delete any data files associated with your use of the Services upon termination of this Agreement.
6. LISTING ALERT APP Availability
While your account is in good standing, your LISTING ALERT APP (hereinafter the “APP”) will be accessible to you and real estate licensees that you invite and allow to use and agree to supervise, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of LISTING ALERT or which are not reasonably foreseeable by LISTING ALERT, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
7. Disclaimer of Warranties:
THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. LISTING ALERT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. LISTING ALERT DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. LISTING ALERT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LISTING ALERT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. YOU SHOULD NOT USE THE SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. LISTING ALERT DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. LISTING ALERT IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
8. Limitation of Liability:
IN NO EVENT SHALL LISTING ALERT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF LISTING ALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF LISTING ALERT TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO LISTING ALERT IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.
9. Uncensored Information:
IN NO EVENT SHALL LISTING ALERT BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. LISTING ALERT DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH HYPERLINKS.
10. Exclusive Remedy:
Your sole right and exclusive remedy for breach of this Agreement by LISTING ALERT if you are dissatisfied for any reason with the Services is to terminate this Agreement as provided in this Agreement.
11. Indemnity:
You shall indemnify and hold LISTING ALERT harmless against any and all liabilities, losses, damages, judgments, claims, causes of action, and costs (including attorney’s fees and disbursements) which LISTING ALERT may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this Agreement), or satisfy as a result of your use of the Services, including any content you or your agents and employees inputted, displayed, published or otherwise contained on your property profile, listing, promotion or entry or any links or information contained therein. To qualify for such defense and payment, LISTING ALERT must (1) provide you with prompt written notice of a potential third party claim; and (2) either (a) hire its own attorney and experts to defend itself, with their fees and costs to be paid by you within 10 days of presentment or (b) allow you to control, and fully cooperate with you in, the defense and all related negotiations.
12. Choice of Law and Venue:
This Agreement shall be governed by the law of California. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in Fresno, State of California.
13. General Terms:
Except as provided in this Agreement, any changes to this Agreement must be in writing and accepted by LISTING ALERT and you. Your rights and obligations under this Agreement may not be assigned or transferred without written permission of LISTING ALERT. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and/or LISTING ALERT, may be given by e-mail and are effective on the day after the aforementioned is sent. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.
