Managing Your Information Preferences
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.
How We Use Information and When We May Share and Disclose Information
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.
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.
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
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.
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.
2. 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.
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.
4. 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 Privacy@Z57.com or by mail at Agent for Notice c/o Z57, Inc., 10045 Mesa Rim Road, San Diego CA 92121. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice.
7. 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.
9. 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, Z57 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, Z57 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 Z57 OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE. Z57 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.
Z57 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.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Z57 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 Z57 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 Z57's liability will be the minimum permitted under such law.
11. Other Provisions
Under no circumstances will Z57 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.