Category: About Me

TERMS OF USE

These Terms of Use (“Terms of Use”) govern your access to and use of this Web site (the “Site”). We, Social Agent Marketing, Inc. (“Social Agent Marketing,” “we” or “us”) host multiple Web sites (together with this Site, the “Sites) on behalf of realtors (“Realtors”) including the Realtor associated with this Site (“Your Realtor”).

BY VIEWING OR USING ALL OR ANY PART OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITES.

1. Conduct

You may not use any Site to:

• violate any law or regulation;
• provide any false or misleading information on or through the Site;
• impersonate any person or entity, or misrepresent affiliation with a person or entity;
• violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
• stalk, harass, or harm any Realtor or any another individual or business;
• promote, post or transmit anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send or make unsolicited or unauthorized advertising or commercial communications, such as spam and telemarketing;
• transmit any malicious or unsolicited software;
• upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• use any means to “harvest,” “scrape,” “crawl,” “reverse engineer” or “spider” any Web pages or content contained in the Site (although we may allow operators of public search engines to use spiders to index some materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and we reserve the right to revoke these exceptions either generally or in specific cases);
• use automated methods to use the Site in a manner that sends more requests to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
• interfere with or disrupt the Site.

1. Ownership; Restrictions

We and/or Your Realtor license or own the content on the Site, including all software, text, and visual and audio content (collectively, “Our Content”) and the trademarks, logos, and brand elements that appear on the Site (“Our Marks”). Our Content and Our Marks are protected under U.S. and international laws. You will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Our Content. You agree not to modify Our Content in any manner or form, or to use modified versions of Our Content, including, without limitation, for the purpose of obtaining unauthorized access to the Site.

1. Feedback

We welcome and appreciate feedback and suggestions. You understand that we cannot necessarily respond to or implement all feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

1. Copyright and Intellectual Property

We respect the intellectual property rights of others. Upon proper notice, we will remove content from Sites that violates copyright or other intellectual property rights. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send our Agent for Notice a notification with all of the following information:

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• your physical or electronic signature.

Please send all of the above information to the our Agent for Notice by e-mail at satwell@socialagentmarketing.com or by mail at Agent for Notice c/o Social Agent Marketing, Inc., 1109 Garrett Way Mount Juliet TN 37112. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice.

1. Privacy

Social Agent Marketing respects the privacy of Site Visitors. Our Privacy Policy explains how we collect, use, and disclose information about Site Visitors and is incorporated by this reference in these Terms of Use.

1. Links

Sites may contain links to other Web sites. A link to a third party’s Web site does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party Web site. You should always read the terms and conditions and privacy policy of a third-party Web site before using it.

1. Changes to Sites

Your Realtor generally controls any changes to the Site. Realtors may change or discontinue their Sites at any time, with or without notice.

1. TerminationYou may stop using the Site at any time. Social Agent Marketing may suspend or terminate the Site at any time at Social Agent Marketing discretion and without notice. Social Agent Marketing may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, Social Agent Marketing may terminate your access to this Site if you are not complying with these Terms or if Social Agent Marketing determines that you are a repeat infringer of third-party intellectual property rights.

   Digital Millennium Copyright Act (“DMCA”)

   Social Agent Marketing respects the intellectual property rights of others and expects you to do the same. Per the DMCA, Social Agent Marketing will respond expeditiously to claims of copyright infringement on the Site if submitted to Social Agent Marketing’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Social Agent Marketing will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.

   If you believe that your intellectual property rights have been violated by Social Agent Marketing or by a third party who has uploaded materials to the Site, please provide the following information to Social Agent Marketing’s designated Copyright Agent listed below:

   a. A description of the copyrighted work or other intellectual property that you claim has been infringed;

   b. A description of where the material that you claim is infringing is located on the Site;

   c. An address, telephone number, and e-mail address where Social Agent Marketing can contact you and, if different, an e-mail address where the alleged infringing party, if not Social Agent Marketing, can contact you;

   d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

   e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;

   f. Your electronic or physical signature.

   Social Agent Marketing may request additional information before removing any allegedly infringing material. In the event Social Agent Marketing removes the allegedly infringing materials, Social Agent Marketing will immediately notify the person responsible for posting such materials that Social Agent Marketing removed or disabled access to the materials. Social Agent Marketing may also provide the responsible person with your e-mail address so that the person may respond to your allegations.

   Social Agent Marketing reserves the right to terminate, limit or suspend any user’s access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact Social Agent Marketing’s Copyright Agent. Please include sufficient information to assist Social Agent Marketing in determining that the user repeatedly engaged in infringing activity.

   Social Agent Marketing registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Social Agent Marketing’s designated Copyright Agent is:

   Stephen Shane Atwell
   Social Agent Marketing
   1109 Garrett Way
   Mount Juliet TN 37122
   United States
   615.243.2891
   satwell@socialagentmarketing.com

1. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Social Agent Marketing AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

IN PARTICULAR, SOCIAL AGENT MARKETING AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO SITE VISITORS BY OR ON BEHALF OF THE SITE CUSTOMER OR Social Agent Marketing OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE. SOCIAL AGENT MARKETING AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE SITE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE; OR (G) MATTERS BEYOND ITS OR THEIR REASONABLE CONTROL.

SOCIAL AGENT MARKETING AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A REALTOR OR ANY THIRD PARTY ON OR THROUGH THE SITE OR ANY LINKED WEB SITE OR ANY TRANSACTIONS TAKING PLACE ON SUCH SITES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCIAL AGENT MARKETING OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SOCIAL AGENT MARKETING NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Social Agent Marketing may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Social Agent Marketing’s liability will be the minimum permitted under such law.

1. Indemnification

You agree to indemnify, defend, and hold harmless Social Agent Marketing and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information you or anyone using your account submits, posts, or transmits on or through the Site; (b) use of the Site by you or anyone using your account; (c) violation of these Terms of Use by the you or anyone using your account; and (d) violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Social Agent Marketing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the you. If we do assume the defense of such a matter, you will reasonably cooperate with us in such defense.

1. Other Provisions

Under no circumstances will Social Agent Marketing be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. These Terms of Use will be governed by and construed in accordance with the laws of the State of TENNESSEE, without giving effect to any conflict of laws rules or provisions. Each Site Visitor agrees that any action of whatever nature arising from or relating to these Terms of Use or the Site will be filed only in the state or federal courts located in Wilson County, Tennessee, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of Social Agent Marketing to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision and will not prevent Social Agent Marketing from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, a sale of assets or by operation of law.

1. Changes to these Terms of Use

From time to time, we may change these Terms of Use. If we change these Terms of Use, we will inform you by posting the revised Terms of Use on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. By continuing to access and use the Site, you agree to be bound by the revised Terms of Use.

Your privacy is very important to us Social Agent Marketing. (“Social Agent Marketing,” “we” or “us”) has prepared this Privacy Policy to explain how we collect, use, protect, and share information and data when you use this Web site (the “Site”). We host multiple Web sites (together with this Site, the “Sites”) on behalf of realtors (“Realtors”) including the Realtor associated with this Site (“Your Realtor”).

By visiting or using all or any part of this Site, you consent to this Privacy Policy.

Visitors

This Site links to this Privacy Policy because we collect, use, and retain all information, including Personal Information and Usage Data, that users share with or otherwise make available via the Site. For example, when you provide your contact information, this information is collected and stored by us, but is shared with Your Realtor. Similarly, at some point, Realtors may require users to register on the Sites. Such registration information would be collected and stored by us and shared with the applicable Realtor. This Privacy Policy, however, only covers OUR information privacy practices with respect to the information we collect via the Site. Realtors may have different privacy policies and practices, but we require that their practices are no less protective than the terms of this Privacy Policy. We require Realtors to take certain affirmative steps to protect Personal Information collected via the Site and to comply with all applicable privacy laws and regulations. However, we do not control Realtors and are not responsible for their actions, including their compliance with privacy laws.

Managing Your Information Preferences

You can always review, correct, update, or change your Personal Information, or opt out of our direct marketing efforts, by unchecking the “please send me updates field” or contacting us ay satwell@socialagentmarketing.com. If you have questions or concerns regarding this Privacy Policy, please e-mail us at satwell@socialagentmarketing.com

Information We Collect

Personal Information. We collect information that personally identifies you, such as your name, your business name, address, telephone number, username, e-mail, payment information, and other personally identifiable information that you choose to provide us with, including via the Sites (“Personal Information”). We collect Personal Information only if you choose to share it with us. The decision to provide this information is optional. However, if you choose not to provide the requested information, you may not be able to use certain features of the Sites. Usage Data. We automatically collect anonymous usage information that does not identify an individual user (“Usage Data”). For example, each time you use the Site we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits. We use this information to help us understand how people use the Sites, and to enhance the services we offer. Cookies and Web Beacons. We may use cookies (a small text file placed on your computer to identify your computer and browser) and Web beacons (an electronic file placed on a Web site that monitors usage). We may use these technologies in connection with the Sites. We use cookies and Web beacons to improve the quality of the Sites. We do not use cookies or Web beacons to collect Personal Information. Most Web browsers are initially set up to accept cookies. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies, though either of those actions may affect your use of the Site.

How We Use Information and When We May Share and Disclose Information

Generally. We use Personal Information for internal purposes, such as to provide you with the Sites, to enable us or Your Realtor to notify you of new products or services, and to otherwise communicate with you about us or Your Realtor. We will disclose your Personal Information to Your Realtor in accordance with this Privacy Policy. We will not disclose Personal Information to third parties without your consent, except as explained in this Privacy Policy. For example, in our Mortgage Center, you may be asked to provide certain Personal Information in order to use certain features of the center and to receive quotations from mortgage brokers and/or lenders. When you provide such information, you permit us to share such information with mortgage brokers and/or lenders to enable them to contact you and provide you with the information you requested.

Service Providers. From time to time, we or Your Realtor may establish a business relationship with other businesses whom we, he or she believe is trustworthy and who we have asked to confirm that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, or marketing and promotions. We only provide our Service Providers with the information necessary or helpful for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than for the purpose for which such information was provided or as authorized by you.

Advertising. We may work with third-party advertisers, search providers and ad networks (“Advertisers”). These companies may collect and use information about your use of the Sites in order to provide advertisements about goods and services that may be of interest to you. These companies may place or recognize a unique cookie on your computer or use other technologies such as Web beacons. Our Privacy Policy does not cover any use of information that an Ad Network may collect from you.

Standard Analytics Information. We may use, and disclose to Realtors and third parties, certain Usage Data regarding the Sites. However, in such cases, your Usage Data is aggregated with the Usage Data of others and does not identify you individually.

Other Transfers. We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with us. If we are merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.

Compliance with Laws and Law Enforcement. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate for any of the following reasons: (a) to respond to legal requests (including court orders and subpoenas); (b) to protect the safety, property, or rights of us, any Realtor or any third party; (c) to prevent or stop any illegal, unethical, or legally actionable activity; or (d) to comply with the law.

Be Careful When You Share Information with Others

Please be aware that whenever you send messages, make postings, or otherwise post or transmit any information or content on this Site or any other of the Sites or any public forum available on or through the Sites, that information or content may be accessed by others. In addition, when you share information or any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

Security

We are very concerned about safeguarding the confidentiality of your Personal Information. We employ reasonable physical and electronic measures designed to protect your information from unauthorized access. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Sites, we cannot and do not guarantee the security of any information you upload, store, share, transmit, or provide on or through any Site and you do so at your own risk.

Links To Other Web sites

The Sites may contain links to other Web sites, or allow others to send you such links. A link to a third party’s Web site does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party Web sites. You access such third-party Web sites or content at your own risk. You should always read the privacy policy of a third-party Web site before providing any information to the Web site.

Children’s Privacy

We do not knowingly collect Personal Information from children under the age of 13. If we become aware that a user is under the age of 13, we will terminate any account that user may have with us. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.

Processing in the United States

Please be aware that your Personal Information may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using the Sites, you agree that the collection, use, transfer, and disclosure of your Personal Information will be governed by the applicable laws in the United States.

Privacy Policy Changes

From time to time, we may change this Privacy Policy. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site. Those changes will go into effect on the Revision Date shown in the revised Privacy Policy. Your continued use of the Sites constitutes your consent to the revised Privacy Policy.

Social Agent Marketing 2016