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Terms of Service
LAST MODIFIED: MARCH 12, 2018 ACCEPTANCE TO THE Terms of Service
This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
1. CHANGES TO THE Terms of Service.
We may from time to time and in our sole discretion, revise and update these Terms of Service. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Sections 19 or 20 hereof will not apply to any disputes for which the parties have actual notice of before the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2. LIMITATIONS OF USE
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Service, including without limitation, certain provisions of the Real Estate Settlement Procedures Act ("RESPA") and other applicable real estate laws. Information on the Site may be accessed, downloaded, and printed for the purpose of facilitating real estate transactions. You may not distribute, reproduce, alter, modify, create derivative works, license, display, publish, use on any other website, transfer or sell any information, software, lists of users, databases, products or services provided through or obtained from our Site without the prior written permission of the Company and/or the appropriate third party. You agree that you will not use our Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor, disrupt, or copy our web pages or the content contained herein without our prior express written permission. Except with the prior written permission of the Company, you agree to refrain from accessing, or attempting to access secure or non-public areas of our Site. Individuals attempting unauthorized access to prohibited areas of the Site may be subject to prosecution.
3. ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to, in our sole discretion and without notice, withdraw or amend this Site or any Services or material we provide on the Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access to all or part of the Site. We reserve the right to disable any account if, in our opinion, you have violated any provision of these Terms of Service.
You are responsible for:
Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them.
You will treat your username, password, and any other piece of information used as part of our security procedures, as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your account.
4. THIRD PARTY ADVERTISING
We do not sell or share your information without your express consent, nor will we allow a third party to access your database without your approval. However, if your account is being paid for by another party, your contact information may be available to them. For your convenience, the Company partners with and allows its users to utilize several third party advertising services (“Advertising Service”). To utilize these Advertising Services, you must expressly authorize the Company to give your contact information and personal database (“Personal Information”) to the Advertising Service. You have the ability to revoke access to your contact database to any of the third parties that you elected to subscribe to by deleting your API key from within Company Site.
The Company may participate in third party advertising contracts under which the third party pays an advertisement fee to Company for advertising exposure to participating users. Company has the right to make contracts with third parties concerning advertising on the Site. These contracts will be established on a case-by-case basis between Company and third parties. It is likely that Company may engage in one or more competing third parties to advertise their services on the Site. Fees and services charged by or provided by other third party vendors are excluded from these Terms of Service.
If you register with a sponsoring promo code, you agree to share only your contact information with the sponsoring party so that they may contact you by phone, person, or email. This information does not include your login information, information about your clients, or access to your account. While users of the Site may engage third party advertisers for services, it is at their sole discretion and their use of the Site and subscription to the Company’s services do not require users to engage such third party advertisers.
5. SERVICE AND SUBSCRIPTION FEES
When you elect to purchase a subscription of our Service, you will be charged the subscription fee as posted on our pricing page http://wiseagent.com/pricing.asp at the time you complete your registration. You will be charged on the same day of the payment schedule you select (monthly, or annually). We may change the fees for our services from time to time. Our changes to the pricing policy are effective after we provide you with at least fourteen (14) days' notice of the changes by emailing users concerning pricing policy changes. However, we may choose to temporarily change the fees for our services for promotional events, and such changes are effective when we email users concerning the change. In our sole discretion, we may change some or all of our Services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our Services, Site, and all applicable taxes.
By registering for the Services, you acknowledge that after any free trial or promotional period you will be charged a monthly subscription fee to continue to use our Services. At the end of any such free trial or promotional period, you will lose access to your information saved on the Site, unless you complete your registration with payment.
In accordance with RESPA, the users' subscription fee may not be paid by a third party advertiser based upon either: (i) the amount of business referred to such party advertiser; or (ii) the amount of revenues received by the Company from any third party advertiser.
You are not committed to a long term contract when you setup payment for your Wise Agent account. You may terminate your Service and subscription up to twenty-four hours prior to the day payment occurs without being charged. To avoid being charged, you are required to contact the Company via the "Contact Us" button or by emailing firstname.lastname@example.org requesting to cancel. You will receive a confirmation email that your cancellation request was received and processed. You will not be charged anything further once you receive the confirmation email from our customer support. Save that email for your records. Upon receiving your termination request, if you have requested your database information, you will be contacted by customer support about delivering your information to you.
The Company cannot process refunds or prorate your account for any reason because we make it so easy for you to cancel. If you cancel your account in the middle of your billing cycle (whether you choose a monthly, or annual billing cycle), you will have access to your account until the end of that billing cycle without any additional charge.
7. INTELLECTUAL PROPERTY
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by the United States and international intellectual property laws.
These Terms of Service permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of materials on the Site other than that set out in this section, please address your request to: email@example.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Service, your right to use the Site will stop immediately. You must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
You may not take any actions that may undermine the integrity of the feedback system. All forms on the Site are provided as available for use by the entire real estate industry. The use of this form is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS and who subscribe to its Code of Ethics. The Company recognizes these forms as reproductions and issue no warrantee as to their validity, legality, or accuracy.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, terminate your membership and refuse to provide our services to you if: (a) you breach these Terms of Service or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users, or us.
11. LINKS TO THIRD PARTY SITES
The Site may contain links to third party websites operated by third parties. Such links are provided for your reference only. The Company does not control such third party websites and is not responsible for their contents. The Company's inclusion of links to such third party websites does not imply any endorsement of the material on such third party websites or any association with their operators. Any access or use of such third party websites, including information, material, products and services therein, shall be subject to the Terms of Service of such third party website and shall be solely at your own risk.
12. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
13. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
15. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service.
16. NO AGENCY
You and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.
Except as explicitly stated otherwise, any notices shall be given by mail to The Wise Agent Attn: Legal Department 16766 E Parkview Ave. #201, Fountain Hills, AZ 85268 US (in the case of Wise Agent) or to the email address you provide to the Company during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to these Terms of Service or the Services, excluding legal action taken by the Company to collect our fees, recover damages, or obtain an injunction relating to the Site operations, intellectual property, and Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be exclusively conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of you or the Company pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to $1000.00.
Disputes between you and the Company regarding the Services may be reported to Customer Support at firstname.lastname@example.org
These Terms of Service shall be exclusively governed in all respects by the laws of the State of Arizona. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and do not define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 5 (Service and Subscription Fees) with respect to fees owed for our services, Section 3 (Accessing the Site and Account Security), Section 12 (Disclaimer of Warranties), Section 13 (Limitation on Liability), Section 14 (Indemnification), and 18 (Arbitration) shall survive any termination or expiration of these Terms of Service.
The Wise Agent LLC (the “Company”) respects the individuals who register to use the Services
as defined below (the "Customers"), and individuals who register to access the Company’s
that you may provide when you visit the site wiseagent.com, or any affiliated site (collectively,
the “Site”), use the related applications or services offered by us, or visit any sites that
link to this Policy (collectively, the “Services”). This Statement describes our practices
for collecting, using, maintaining, protecting, and disclosing that information.
Please read this Policy carefully to understand our policies and practices regarding your information
and how we will treat it. If you do not agree with our policies and practices, do not use
our Site. By accessing or using the Site you agree to this Policy. This Policy may change
from time to time. Your continued use of the Site after we make changes is deemed to be acceptance
of those changes, so please check this Policy periodically for updates.
WHAT PERSONAL INFORMATION DO WE COLLECT?
In connection with accessing our Services, we may collect information which can be used to identify
you (the “Personal Information”), such as your name, credit card information, shipping/billing
address, email address, phone, user name and password, and location. We may also collect
information that is about you, but individually does not identify you, or information about
your internet connection, equipment you use to access our Site, and Site usage details.
We collect this Personal Information:
Directly from you when you provide it to us during registration on our Site.
Automatically as you navigate through the Site. Information collected automatically may include
usage details, IP addresses, and information collected through cookies and other tracking
From third parties, for example, our business partners.
WHAT DO WE USE YOUR INFORMATION FOR?
Any of the Personal Information we collect from you may be used in one of the following ways:
To personalize your experience (your information helps us to better respond to your individual
To provide you with information, products, or services that you request from us.
To improve our Site (we continually strive to improve our Site offerings based on the information
and feedback we receive from you).
To improve customer service (your Personal Information helps us to more effectively respond
to your customer service requests and support needs).
To process billing transactions. We use a third-party service provider to manage credit card
processing. This service provider is not permitted to store, retain, or use billing information
except for the sole purpose of credit card processing on the Company's behalf.
To send periodic emails. The email address you provide for order processing, may be used
to send you information and updates pertaining to your order, in addition to receiving
occasional company news, updates, related product or service information, etc. Note:
If at any time you would like to unsubscribe from receiving future emails, we include
detailed unsubscribe instructions at the bottom of each email.
Your Personal Information, whether public or private, will not be sold, exchanged, transferred,
or given to any other company for any reason whatsoever, without your consent, other
than for the express purposes described herein.
From time to time, we may partner with other companies to jointly offer products or services.
If you purchase or specifically express interest in a jointly-offered product or service,
we may share the Personal Information collected in connection with your purchase or expression
of interest with our joint promotion partner(s). We do not control our business partners'
use of the Personal Information we collect, and their use of the Personal Information will
be in accordance with their own privacy policies. If you do not wish for your Personal Information
to be shared in this manner, you may opt not to purchase or specifically express interest
in a jointly offered product or service.
We do not share your Personal Information with business partners unless you specifically opt
in to such sharing via an online registration form.
HOW DO WE PROTECT YOUR PERSONAL INFORMATION?
We have implemented measures designed to secure your Personal Information from accidental loss
and from unauthorized access, use, alteration, and disclosure. All Personal Information you
provide to us is stored on our secure servers behind firewalls. Any payment transactions
will be encrypted using Secure Socket Layer (SSL) technology. Such information will then
be encrypted into our payment gateway provider’s database, which is only accessible by those
authorized to access such systems, and who are required to keep the Personal Information
confidential. After a transaction, your Personal Information (credit cards, billing address,
etc.) will not be stored on our servers.
The safety and security of your Personal Information also depends on you. Where we have given
you (or where you have chosen) a password for access to certain parts of our Site, you are
responsible for keeping this password confidential. We ask you not to share your password
Unfortunately, the transmission of Personal Information via the internet is not completely secure.
Although we do our best to protect your Personal Information, we cannot guarantee the security
of your Personal Information transmitted to our Site. Any transmission of Personal Information
is at your own risk. We are not responsible for circumvention of any privacy settings or
security measures contained on the Site.
WHAT INFORMATION DO WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES?
As you navigate through and interact with our Site, we may use automatic data collection technologies
to collect information about your equipment, browsing actions, and patterns, including:
Details of your visit to our Site, including traffic data, location data, other communication
data, and the resources that you access and use on the Site.
Information about your computer and internet connection, including your IP address, operating
system, and browser type.
computer’s hard drive through your Web browser (if you allow) that enables the sites
or service providers systems to recognize your browser to capture and remember certain
data about Site traffic and interaction so that we can offer a more personalized experience
in the future.
DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?
We do not sell, trade, or otherwise transfer to outside parties your Personal Information. However,
we may disclose aggregate information about our users, and information that does not identify
any individual, without restriction for marketing, advertising, or other uses.
We may disclose Personal Information that we collect or provide as described in this Policy:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business,
who agree to keep this Personal Information confidential.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization,
dissolution, or other sale or transfer of some or all of the Company's assets, whether
as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which
Personal Information held by us about our Site users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the Personal Information.
With your consent.
We may also disclose your Personal Information:
To comply with any court order, law, or legal process, including to respond to any government
or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or
safety of Wise Agent, our customers, or others.
All leads generated by our customers and data stored for our customers are held and protected
in strict confidence. We do not contact customer leads, nor do we sell to or share customers’
lead information with any other party.
HOW CAN YOU ACCESS AND CORRECT YOUR PERSONAL INFORMATION?
You can review and change your Personal Information by logging into the Site and visiting your
account profile page. You may also send us an email at email@example.com to request access
to, correct, or delete any Personal Information that you have provided to us. We cannot delete
your Personal Information except by also deleting your user account. We may not accommodate
a request to change Personal Information if we believe the change would violate any law or
legal requirement or cause the Personal Information to be incorrect.
DO WE UTILIZE THIRD PARTY LINKS?
Occasionally, at our discretion, we may include or offer third party products or services on
our Site. These third party products or services have separate and independent privacy policies.
We therefore have no responsibility or liability for the content and activities of these
linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback
about these sites.
This online Policy applies only to information collected:
On this Site.
In email, text, and other electronic messages between you and this Site.
When you interact with our advertising and applications on third party sites and services,
if those applications or advertisements include links to this Policy.
This Policy does not apply to Personal Information collected offline.
Our Services are intended for and directed towards adults. Our Services are not directed to minors
and we do not knowingly collect Personal Information from minors. If you are under the age
of 13, do not use the Site, make any purchases through the Site, or provide any information
on the Site, including your name, email, address, telephone number or address.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users of our Site that are California residents
to request certain information regarding our disclosure of Personal Information to third
parties for their direct marketing purposes. To make such a request, please send an email
TERMS OF SERVICE
Please also visit our Terms of Service section establishing the use, disclaimers, and limitations
of liability governing the use of our site.
It is our policy to post any changes we make to our Policy on this page. If we make material
changes to how we treat our users’ Personal Information, we will update this Policy. The
date the Policy was last revised is identified at the top of the page. You are responsible
for ensuring we have an up-to-date email address for you and for periodically visiting this
Policy to check for any changes.
www.wiseagent.com 16766 E. Parkview Ave., Suite 201 Fountain Hills, Arizona 85268 USA firstname.lastname@example.org 480-836-0345